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Home My WebLink AboutTC Agd Pkt 2024-08-07 TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 Tiburon Town Council August 7, 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 p.m. 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. TELECONFERENCE LOCATION: Councilmember Isaac Nikfar Westin Denver Downtown 1672 Lawrence St. Denver, CO 80202 Pursuant to the Ralph M. Brown Act, all votes shall be by roll call due to Councilmember Nikfar teleconferencing from Denver, CO. REGULAR MEETING – 6:30 P.M. CALL TO ORDER AND ROLL CALL Councilmember Nikfar, Councilmember Ryan, Councilmember Welner, Vice Mayor Thier, Mayor Fredericks INTERVIEWS FOR VACANCIES ON TOWN BOARDS & COMMISSIONS • Richard Rozen (Heritage & Arts Commission) • Theresa Coleman (Heritage & Arts Commission) • Adam Brolan (Belvedere-Tiburon Disaster Advisory Council) • Colin Crawford (Belvedere-Tiburon Disaster Advisory Council) • John W. Hamilton (Belvedere-Tiburon Disaster Advisory Council) • Carole Fried (Belvedere-Tiburon Disaster Advisory Council) 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. Town Council Minutes – Adopt minutes for May 15, 2024 Town Council meeting (Office of the Town Clerk) CC-2. Town Council Minutes – Adopt minutes for May 28, 2024 Town Council meeting (Office of the Town Clerk) CC-3. Town Council Minutes – Adopt minutes for June 5, 2024 Town Council meeting (Office of the Town Clerk) CC-4. Tiburon Tourism Business Improvement District – Adopt Resolution of Intention to levy assessments for Fiscal Year 2024-25 (Office of the Town Manager) CC-5. Parks & Recreation Master Plan – Adopt resolution approving the First Amendment to the Professional Services Agreement with WRT for Master Plan development, increasing the contract amount by $67,360, and authorizing the Town Manager to execute the First Amendment to the Agreement (Department of Public Works) CC-6. Marin County Civil Grand Jury Response – Approve Town’s response to Marin County Civil Grand Jury Report: “Cyber Preparedness: Are We There Yet?” (Office of the Town Manager) CC-7. Marin County Civil Grand Jury Response - Approve Town’s response to Marin County Civil Grand Jury Report: “With Power Comes Responsibility; Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk” (Office of the Town Manager) CC-8. Pay Schedule – Adopt a resolution authorizing the Town’s pay schedule, effective July 1, 2024 (Department of Administrative Services) ACTION ITEMS AI-1. Appointments to Town Boards & Commissions – Consider making two appointments to the Belvedere-Tiburon Joint Disaster Advisory Council (Office of the Town Clerk) PUBLIC HEARINGS PH-1. 15 Turtle Rock Court – Consider approval of Precise Plan Amendment to modify the building envelope to allow for a swimming pool and other improvements (Community Development Department) [CONTINUED TO SEPTEMBER 4, 2024] TOWN COUNCIL REPORTS TOWN MANAGER REPORT CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Paragraph (1) of Subdivision (d) of Section 54956.9) Name of case: (Committee to Preserve the Paradise Cove Salt Marsh, Tidelands and Neighborhood Safety v. Town of Tiburon, Marin County Superior Court Case No. CIV0000086) 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. Page 1 of 2 Form: ŽĂƌĚ͕ŽŵŵŝƐƐŝŽŶ͕ŽŵŵŝƚƚĞĞƉƉůŝĐĂƚŝŽŶ (rev. 03.2023) Town of Tiburon Department of Administrative Services 1505 Tiburon Boulevard Tiburon, California 94920 (415) 435-7373 www.townoftiburon.org BOARD, COMMISSION, OR COMMITTEE APPLICATION The Town considers appointments to its various boards, commissions, and committees throughout the year due to term expirations and unforeseen vacancies. In its effort to broaden participation by local residents in Tiburon’s local governmental process and activities, the dŽǁŶ needs to know your interest in serving the Town in some capacity. Instructions Please indicate your specific areas of interest and special skills or experience by completing this form and returning it to Town Hall with a resume. /ŶƚĞƌǀŝĞǁƐĂƌĞƐĐŚĞĚƵůĞĚŽŶĂŶĂƐͲŶĞĞĚĞĚďĂƐŝƐ ƉĞƌŝŽĚŝĐĂůůǇƚŚƌŽƵŐŚŽƵƚƚŚĞǇĞĂƌ͘zour application will remain at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Please return this form to: Town of Tiburon Tiburon Town Clerk 1505 Tiburon Boulevard Tiburon, CA 94920 Applicant Name & Information Full Name: Date: Address: Street Address Apartment/Unit # City State Zip Phone:Email: Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized as part of Town Council meeting materials. Adam Brolan 6/4/2024 Tiburon CA 94920 Page 2 of 2 Form: ŽĂƌĚ͕ŽŵŵŝƐƐŝŽŶ͕ŽŵŵŝƚƚĞĞƉƉůŝĐĂƚŝŽŶ (rev. 03.2023) Areas of Interest Please indicate your areas of interest in numerical order: Parks, Open Space & Trails Commission Bel-Tib Joint Recreation Board Disaster Advisory Council Commission on Aging Planning Commission Design Review Board Heritage & Arts Commission Bel-Tib Library Board ĨĨŽƌĚĂďůĞ,ŽƵƐŝŶŐ Building Code Appeals Board Why did you select your area(s) of interest? What are your applicable qualifications and experiences? X As a career firefighter of 30 years I have always had a strong interest in those areas that both strengthen and build resilience in a community. Preparing for emergencies is arguably the single most important step a community can take to prevent large life and property loss from occurring. I retired as Deputy Chief of Operations in charge of all 911 calls (other than law enforcement) for a city of sixty thousand. I was top Incident commander for all house fires, grass fires, hazard material events, medical calls, motor vehicle accidents, etc. We averaged approximately five thousand 911 calls per year. I was also in charge of all hiring, firing and long term strategic operational planning for the department. Prior to being a Fire Chief I was a Captain and Paramedic for many years. I firmly believe that educating and training the public to the extent people are personally comfortable with is of inherent value. Citizens who know CPR, first aid, who have prepared their homes to be self sufficient for several days, are a tremendous help to our first responders and to our community as a whole. Page 1 of 2 Form: Board, Commission, Committee Application (rev. 03.2023) Town of Tiburon Department of Administrative Services 1505 Tiburon Boulevard Tiburon, California 94920 (415) 435-7373 www.townoftiburon.org BOARD, COMMISSION, OR COMMITTEE APPLICATION The Town considers appointments to its various boards, commissions, and committees throughout the year due to term expirations and unforeseen vacancies. In its effort to broaden participation by local residents in Tiburon’s local governmental process and activities, the dŽǁŶ needs to know your interest in serving the Town in some capacity. Instructions Please indicate your specific areas of interest and special skills or experience by completing this form and returning it to Town Hall with a resume. /ŶƚĞƌǀŝĞǁƐĂƌĞƐĐŚĞĚƵůĞĚŽŶĂŶĂƐͲŶĞĞĚĞĚďĂƐŝƐ ƉĞƌŝŽĚŝĐĂůůǇƚŚƌŽƵŐŚŽƵƚƚŚĞǇĞĂƌ͘zour application will remain at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Please return this form to: Town of Tiburon Tiburon Town Clerk 1505 Tiburon Boulevard Tiburon, CA 94920 Applicant Name & Information Full Name: Date: Address: Street Address Apartment/Unit # City State Zip Phone: Email: Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized as part of Town Council meeting materials. Colin Crawford 05/23/2024 Tiburon CA 94920 Page 2 of 2 Form: Board, Commission, Committee Application (rev. 03.2023) Areas of Interest Please indicate your areas of interest in numerical order: Parks, Open Space & Trails Commission Bel-Tib Joint Recreation Board Disaster Advisory Council Commission on Aging Planning Commission Design Review Board Heritage & Arts Commission Bel-Tib Library Board ĨĨŽƌĚĂďůĞ,ŽƵƐŝŶŐ Building Code Appeals Board Why did you select your area(s) of interest? What are your applicable qualifications and experiences? X With our neighborhoods being highly vulnerable to natural disasters—such as storms, wildfires, and earthquakes—I firmly believe in the importance of residents being properly prepared to either evacuate or survive for up to a week. As a peninsula that could easily be cut off in a disaster, such preparation is vital. However, I recognize that most people don't prioritize disaster preparedness, hoping that these rare events will not occur. Given this general reluctance, I am a strong advocate for ongoing education, fostering neighborhood involvement, and collaborating with the Town of Tiburon, the City of Belvedere, and the Police and Fire Departments. By building a robust disaster preparedness program and communicating it effectively to our residents, we can ensure our community is ready for any eventuality. Over 14 years, I have served as the Financial Director, Secretary, and Communications Director of the Del Mar Neighborhood Association (DMNA), a POA encompassing 259 households. A major focus of the DMNA is disaster preparedness. We have developed several key programs, including a neighborhood block captain program, modeled partly on the Belvedere Block Captain Program. I have collaborated with Laurie Nilsen to promote the Ready Marin program within our neighborhood, organizing both online and in-person presentations with her for Del Mar residents. Additionally, we are evaluating the Fire Safe Marin program and encouraging neighbors to maintain defensible fire zones around their properties, reduce overgrown vegetation, and participate in Chipper Days. With over 30 years of experience in the media industry, I am adept in all aspects of communication, including social media. I also volunteer as a technology advisor for Marin Villages (https://www.marinvillages.org), a member/volunteer organization that helps seniors remain in their homes. CONTINUED ON NEXT PAGE Over the past 14 years, I have served as the Financial Director, Secretary, and Communications Director of the Del Mar Neighborhood Association (DMNA), a POA encompassing 259 households. One of our primary focuses at DMNA is disaster preparedness. We have implemented several key programs, including a neighborhood block captain initiative, modeled partly on the Belvedere Block Captain Program. I have collaborated with Laurie Nilsen to promote the Ready Marin program within our neighborhood, organizing both online and in-person presentations for Del Mar residents. Additionally, we are evaluating the Fire Safe Marin program, encouraging neighbors to maintain defensible fire zones around their properties, reduce overgrown vegetation, and participate in Chipper Days. With over 30 years of experience in the media industry, I am adept in all aspects of communication, including social media. I also volunteer as a technology advisor for Marin Villages, a member/volunteer organization that helps seniors remain in their homes. In this role, I ensure that seniors are aware of preparedness programs and have signed up for alerts. From:Bill Brinkman To:Lea Dilena Subject:Colin Crawford Recommendation Date:Sunday, May 26, 2024 2:16:00 PM You don't often get email from 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. Lea - Colin Crawford has submitted his application for the Disaster Advisor Council. Ienthusiastically endorse his selection for that Council. I have known Colin for more than 10 years while serving together on the Del Mar Neighborhood Association (DMNA) board - Colin as Treasurer (and more recently alsoSecretary ad Communications Director) and me as President. For much of that 10 years, one of the board's five major focus areas was Emergency Preparedness. That focus includedstriving very hard to establish Block Captains for as much of the neighborhood as possible and continuously educating the neighborhood about the importance of being prepared for adisaster. Colin has amassed considerable resource material on Emergency Preparedness and maintains it on DMNA's Google Drive to make it easily accessible for the entire neighborhood. And hehas worked closely with Laurie Nilsen to promote the Get Ready Marin program in Del Mar with in-person and on-line presentations. In summary, Colin is a very knowledgable, tech-savvy, dedicated, and experienced advocatefor safety in our community. The Town of Tiburon would be fortunate to have Colin serve on the Disaster Advisory Council and I strongly support his selection. Bill Brinkman Tiburon, CA 94920 cell From:Bill Tiedje To:Lea Dilena Subject:Disaster Advisory Board Date:Monday, June 3, 2024 1:13:16 PM [You don't often get email from . Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Lea, Colin Crawford has applied for the open position on the Disaster Advisory Board and I would like to highly recommend for this position. He has been very active in the Delmar Neighborhood Association and I feel that he would be a welcome addition to the Advisory Board. Bill Tiedje From:Sharmeen Ahmed 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 Colin Crawford Date:Wednesday, May 29, 2024 4:03:24 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. Sharmeen Ahmed & Adam Khan Tiburon, CA 94920 May 29, 2024 Dear Mayor Alice Fredericks, Vice-Mayor Thier, Councilmembers Nikfar, Ryan, and Welner,and members of the Disaster Advisory Council, I am writing to express our full endorsement of Colin Crawford for the Disaster AdvisoryCouncil. Colin's dedication to disaster preparedness, combined with his extensive professionalexperience, uniquely positions him to contribute effectively to the Council’s objectives. Beyond his warm, kind, and thoughtful characteristics, Colin has over 14 years of leadershipwithin the Del Mar Neighborhood Association, serving in various capacities includingFinancial Director and Secretary, as well as Communications Director. His tenure has beenmarked by significant contributions to disaster preparedness initiatives. Notably, Colin hasbeen a driving force behind the implementation of several key programs such as theneighborhood block captain program, modeled partly on the Belvedere Block CaptainProgram. This initiative has greatly enhanced our community's readiness and responsecapabilities to natural disasters. Additionally, Colin's collaboration with local authorities and community organizations topromote the Ready Marin program and evaluate the Fire Safe Marin program illustrates hisproactive approach to community safety. He has organized both online and in-personpresentations, significantly increasing community engagement and awareness around disasterpreparedness. Beyond his roles within the association, Colin brings over 30 years of experience in the mediaindustry, making him exceptionally skilled in communication, crucial for effective disasterresponse coordination. His volunteer work as a technology advisor for Marin Villagesshowcases his commitment to community service, particularly in enhancing the safety andwell-being of our senior residents. Colin’s comprehensive approach to building and sustaining effective disaster preparednessprograms, coupled with his extensive experience in community organization andcommunication, make him an outstanding candidate for the Disaster Advisory Council. We are confident that his leadership and vision will greatly benefit the Council and ensure thatour community remains resilient and prepared for any eventualities, and his personal qualities such as his thoughtfulness, kindness, and warm demeanour, ensure he will be greatly effectivein his engagement with other residents and non-residents alike. Thank you for considering this endorsement. We believe Colin Crawford will be a valuable addition to the Disaster Advisory Council. Sincerely, Sharmeen Ahmed & Adam Khan Del Mar Neighborhood Association Board Member From:Cheryl Sorokin To:Lea Dilena Subject:Support for Colin Crawford Date:Sunday, May 26, 2024 7:50:43 PM You don't often get email from . 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. Hello, Lea. I am writing to enthusiastically endorse and support Colin Crawford as a potential member of the Disaster Advisory Council. I have been on the board of the Del Mar Neighborhood Association with Colin for many years and know his interest in disaster preparedness as well as his commitment to helping assure residents of Tiburon and Belvedere are aware of the importance of preparation and are given the educational tools to prepare themselves and their families for the various types of disasters that could befall us on the peninsula. He is creative as well as hard-working, reliable, and connected to residents throughout the area. He has great communication skills and is able to write and speak clearly to individuals of all ages. He understands social media and is a lead for the Tiburon Area of Next Door. I think the town would be well-served by having him as a member of the Disaster Advisory Council. Cherie Sorokin Resident Del Mar Neighborhood Board Member Del Mar Neighborhood Association President, Rotary Club of Tiburon Sunset President of Marin Villages and head of the Tiburon Peninsula Village, a division of Marin Villages. (cell) Page 1 of 2 Form: ŽĂƌĚ͕ŽŵŵŝƐƐŝŽŶ͕ŽŵŵŝƚƚĞĞƉƉůŝĐĂƚŝŽŶ (rev. 03.2023) Town of Tiburon Department of Administrative Services 1505 Tiburon Boulevard Tiburon, California 94920 (415) 435-7373 www.townoftiburon.org BOARD, COMMISSION, OR COMMITTEE APPLICATION The Town considers appointments to its various boards, commissions, and committees throughout the year due to term expirations and unforeseen vacancies. In its effort to broaden participation by local residents in Tiburon’s local governmental process and activities, the dŽǁŶ needs to know your interest in serving the Town in some capacity. Instructions Please indicate your specific areas of interest and special skills or experience by completing this form and returning it to Town Hall with a resume. /ŶƚĞƌǀŝĞǁƐĂƌĞƐĐŚĞĚƵůĞĚŽŶĂŶĂƐͲŶĞĞĚĞĚďĂƐŝƐ ƉĞƌŝŽĚŝĐĂůůǇƚŚƌŽƵŐŚŽƵƚƚŚĞǇĞĂƌ͘zour application will remain at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Please return this form to: Town of Tiburon Tiburon Town Clerk 1505 Tiburon Boulevard Tiburon, CA 94920 Applicant Name & Information Full Name: Date: Address: Street Address Apartment/Unit # City State Zip Phone:Email: Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized as part of Town Council meeting materials. John Hamilton 5/30/2024 Tiburon CA 94920 Page 2 of 2 Form: ŽĂƌĚ͕ŽŵŵŝƐƐŝŽŶ͕ŽŵŵŝƚƚĞĞƉƉůŝĐĂƚŝŽŶ (rev. 03.2023) Areas of Interest Please indicate your areas of interest in numerical order: Parks, Open Space & Trails Commission Bel-Tib Joint Recreation Board Disaster Advisory Council Commission on Aging Planning Commission Design Review Board Heritage & Arts Commission Bel-Tib Library Board ĨĨŽƌĚĂďůĞ,ŽƵƐŝŶŐ Building Code Appeals Board Why did you select your area(s) of interest? What are your applicable qualifications and experiences? 1 I am writing to express my strong interest in serving on the Belvedere-Tiburon Joint Disaster Advisory Council. As a resident of Tiburon with my wife and two children, I am deeply committed to ensuring our community remains prepared for any disaster. My desire to serve on the Council stems from a genuine passion for public service and a strong belief in preparedness. Our town's unique geography and the increased prevalence of extreme weather caused by climate change elevates the risk of potential disasters and increases the importance of community engagement and preparedness. In 2022, this commitment to public service and emergency preparedness motivated me to run for a position on the Tiburon Fire Protection District Board. While unsuccessful, the campaign garnered significant community support including endorsements from Marin Professional Firefighters and other community leaders and organizations, reflecting the trust placed in my leadership and judgment. I believe my qualifications, experience, and commitment to our community would make me a valuable asset to the Joint Disaster Advisory Council. I am eager to contribute my skills and collaborate with the council to ensure Tiburon remains prepared for any potential disaster. My background offers a unique blend of skills and experiences that would make me a valuable asset to the Disaster Advisory Council. - Military Service and Emergency Preparedness: I served as an Air Force intelligence officer for 8 years and am trained in emergency preparedness, force protection, and risk assessment. I am familiar with developing contingency plans, analyzing various potential threats, and implementing effective response strategies. - Legal Expertise and Board Collaboration: As Head of Legal and Corporate Secretary at Metrus Energy, a San Francisco-based climate investing firm, I leverage my legal expertise to navigate complex issues and collaborate effectively with the company’s Board of Directors. As a member of the Council, I can ensure adherence to legal requirements and foster productive and collaborative problem-solving discussions. - Community Engagement and Public Service: In my 2022 candidacy for the Tiburon Fire Protection District Board, I engaged deeply with community members and gained valuable insights into their concerns. I have a strong understanding of the specific challenges facing our community, such as early warning and evacuation preparedness. JOHN W. HAMILTON ; Tiburon, CA 94920 ·(· Metrus Energy Vice President, Head of Legal, Corporate Secretary 2023 – present Leads legal function at PE-backed clean energy finance and asset management firm with $200M AUM. ●Guided the company through two equity fundraising events and a board restructuring; advised key stakeholders (Founder and C-Suite) and ensured accurate documentation and cap table treatment. ●Advised company during evaluations of M&A opportunities and strategic tech & market investments. ●Reinvigorated compliance program: identified gaps and established processes to reduce future errors. SunPower Corporate Counsel, Structured Finance 2022 – 2023 Lead structured finance and asset management attorney; supervised junior counsel and paralegal. ●Led legal for complex project finance funds that secured $1B in new funding for consumer solar loans. ●Managed legal team for sophisticated tax equity and debt deals worth $750M in committed capital. ●Brought multiple recurring projects in-house to reduce legal costs, saving $1.5M annually in expenses. Winston & Strawn LLP Associate Attorney (Commercial - Energy Transactions and Project Finance)2019 – 2022 Led cutting-edge transactions to deploy utility-scale solar, wind, and storage projects across the U.S. Selected twice (2021-2022) to “SuperLawyers Rising Stars” list, top 2% of attorneys in Northern California Renewable Energy Project Development: ●Negotiated more than a dozen power purchase agreements on behalf of a renewable energy project developer for the largest wind energy project in the U.S. (3,000+ MW total generating capacity). ●Advised multiple project developers in successful negotiations with regulated utilities, electric cooperatives, and commercial offtakers to deploy solar and battery storage projects across the U.S. Renewable Energy Project Finance and M&A: ●Led team of legal specialists representing the acquirer of five utility-scale energy storage projects. ●Advised client in successful acquisition of massive multi-state portfolio of rooftop solar projects. ●Represented lenders in numerous transactions financing solar, wind and energy storage projects, including tax equity, construction and term loans, for a diverse range of energy and storage projects. Tesla Leadership Development Program (Senior Management Rotation Program)2018 – 2019 ●Head of ops for $1.6B pre-owned car business; focused global team to reduce capital costs by $25M. ●Launched new high-performing teams in Tesla’s fastest growing global markets (California & Norway). U.S. Air Force Captain, Intelligence Officer, USAF Weapons School (Top Gun) graduate 2006 – 2014 Led teams of up-to 75 analysts performing worldwide intelligence operations. ●Afghanistan veteran with 1,100 flight hours. Recognized by commanders as top 1% of peer officers. ●Led intelligence support to 1,500 “drone” combat and reconnaissance missions in Afghanistan, Iraq. ●Authored time-sensitive intelligence reports briefed to the U.S. President and Secretary of State. Education Stanford Law School;Juris Doctor, pro bono distinction 2017 2017 Burton Award for Distinguished Legal Writing (top legal writing in the nation). Two John Hart Ely Prizes for Outstanding Academic Performance in Contract Design and Environmental Justice. Stanford Graduate School of Business;Master of Business Administration 2017 Stanford University;Bachelor of Arts with Honors, Public Policy 2006 Additional activities Mentor at Third Derivative (cleantech startup accelerator); member of SLS Veterans Fellowship committee DRAFTPage 1 of 4 Tiburon Town Council Minutes #08-2024 May 15, 2024 TOWN COUNCIL REGULAR MEETING DRAFT MINUTES Mayor Fredericks called the regular meeting of the Tiburon Town Council to order at 6:30 p.m. on Wednesday, May 15, 2024, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Fredericks, Nikfar (at 6:35 p.m.), Ryan, Thier ABSENT: COUNCILMEMBERS: Welner PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock, Director of Community Development Tasini, Engineering Manager Eshoo, Operations ManagerKerslake,Town Clerk Dilena ORAL COMMUNICATIONS Leslie Harlander gave an update on Measure A. CONSENT CALENDAR CC-1. Road Maintenance and Rehabilitation Account (RMRA) – Adopt a resolution toallocate SB1 funds from FY2024-25 to the FY2025-26 Capital Improvement Plan budget to fund construction of the 2026 Street Paving Project (Department of Public Works) CC-2. Budget Amendment – Authorize a budget amendment in the amount of $2,445 foradditional funding for the Juneteenth Celebration (Office of the Town Manager) MOTION: To adopt Consent Calendar Items No. 1-2, as written. Moved: Ryan, seconded by Thier VOTE: AYES: Fredericks, Nikfar, Ryan, Thier ABSENT: Welner ACTION ITEMS AI-4. [TAKEN OUT OF ORDER] Main Street Closure – Consider approval of Main Street road closure on Friday, June 14, 2024 for Friday Nights on Main (Office of the Town Manager) Public comment was received by: •Melanie Haddad spoke in support of Friday Night on Main, as proposed. •H. Payvamatis spoke in support of Friday Night on Main, as proposed. •Britney Hannon spoke in support of Friday Night on Main, as proposed. CC-1 DRAFTPage 2 of 4 Tiburon Town Council Minutes #08-2024 May 15, 2024 MOTION: To approve the closure of Main Street to vehicular traffic on Friday, June 14, 2024 from 2:30 p.m. to 10:00 p.m. Moved: Nikfar, seconded by Thier VOTE: AYES: Fredericks, Nikfar, Ryan, Thier ABSENT: Welner AI-1. 11 Place Moulin (BR21-029) – Consider granting a building permit extension for Permit No. BR21-029, located at 11 Place Moulin (Community Development Department) MOTION: To grant the building permit extension and waive the penalties. Moved: Thier, seconded by Ryan VOTE: AYES: Fredericks, Nikfar, Ryan, Thier ABSENT: Welner AI-2. California Air Resource Board (CARB) – Consider adoption of a resolution that would accept a grant from CARB related to the Angel Island Ferry Electrification Project and consider authorization of the Town Manager to execute agreements related to the implementation of the grant program (Office of the Town Manager) Public comment was received by: • Maggie McDonogh expressed support and excitement for the grant and project. • Graham Balch thanked the staff for their work on the project and expressed excitement about it moving forward. MOTION: To adopt a resolution accepting the California Air Resources Board grant and authorizing the Town Manager to execute agreements associated with the implementation of the grant program. Moved: Nikfar, seconded by Thier VOTE: AYES: Fredericks, Nikfar, Ryan, Thier ABSENT: Welner AI-3. Transportation & Infrastructure Study – Consider authorization of the Town Manager to execute an agreement with Parametrix Inc. in an amount not to exceed $360,000, authorize a Fiscal Year 2024 budget amendment in the amount of $100,000 to fund the project activities in FY24 and direct staff to include the remaining contract amount to be budgeted in FY25, and consider appointing a councilmember to an advisory group to work with staff on the project (Department of Public Works) Public comment was received by: • Jerry Riessen recommended the Council take a different approach and pull back the RFP. • Chuck Hornbrook expressed support for the recommended consultant. MOTION: To authorize the Town Manager to execute a Professional Services Agreement, subject to approval by the Town Attorney, with Parametrix Inc. in an amount not DRAFTPage 3 of 4 Tiburon Town Council Minutes #08-2024 May 15, 2024 to exceed $360,000, to authorize a Fiscal Year 2024 Budget Amendment in the amount of $100,000 to fund project activities in FY24 from American Rescue Plan Funds, and to direct staff to include the anticipated remaining contract amount in the Fiscal Year 2025 Budget. Moved: Ryan, seconded by Nikfar VOTE: AYES: Fredericks, Nikfar, Ryan ABSENT: Thier, Welner MOTION: To appoint Mayor Alice Fredericks to serve on the advisory group. Moved: Ryan, seconded by Nikfar VOTE: AYES: Fredericks, Nikfar, Ryan ABSENT: Thier, Welner PUBLIC HEARINGS PH-1. 114 Lyford – Hold public hearing and consider appeals of Design Review Board approval of Site Plan and Architectural Review for the remodel, deck expansion and additions to a single-family dwelling (Community Development Department) Owners/Applicant: Hemati-Oshidari Living Trust/Babak Hemati & Noushin Oshidari Appellants: Babak Hemati/Noushin Oshidari & Christian Sowul/Rynn Pressick Address: 114 Lyford Drive Assessor Parcel No.: 058-232-02 MOTION: To direct staff to return to the next meeting with a resolution that would: 1. Grant Appeal #1, with the condition that the square footage of glazing along the left side elevation be maintained as shown in the April 4, 2024 Design Review Board plans with an interior ceiling height of 9’. 2. Deny Appeal #2. Moved: Ryan, seconded by Fredericks VOTE: AYES: Fredericks, Nikfar, Ryan ABSENT: Thier, Welner PH-2. Cypress Hollow Landscape and Lighting District – Conduct public hearing and consider adoption of a resolution that would confirm assessments and order the levy and collection of assessments within the district for Fiscal Year 2024-2025 (Department of Public Works) MOTION: To adopt a resolution confirming the assessments and ordering the levy and collection of assessments within the District for Fiscal Year 2024-25. Moved: Nikfar, seconded by Ryan VOTE: AYES: Fredericks, Nikfar, Ryan ABSENT: Thier, Welner TOWN COUNCIL REPORTS DRAFTPage 4 of 4 Tiburon Town Council Minutes #08-2024 May 15, 2024 Councilmember Ryan reported RBRA dues would increase 3% each year. Mayor Fredericks requested the Council consider adoption of a resolution celebrating Tiburon’s anniversary of incorporation in June. TOWN MANAGER REPORT Town Manager Chanis said the annual Capital Improvement Program review would be scheduled for 5/28 at 9:00 a.m. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Fredericks adjourned the meeting at 9:35 p.m. ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: LEA DILENA, TOWN CLERK DRAFTPage 1 of 2 Tiburon Town Council Minutes #09-2024 May 28, 2024 TOWN COUNCIL SPECIAL MEETING DRAFT MINUTES Mayor Fredericks called the special meeting of the Tiburon Town Council to order at 6:30 p.m. on Wednesday, May 15, 2024, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Fredericks, Nikfar, Ryan ABSENT: COUNCILMEMBERS: Thier, Welner PRESENT: EX OFFICIO: Town Manager Chanis, Engineering Manager Eshoo, Operations Manager Kerslake, Town Clerk Dilena CONSENT CALENDAR CC-1. Pride Month – Consider adoption of a resolution that would declare June 2024 PrideMonth and authorize the Rainbow Pride Flag to be flown at flagpoles at Town facilities (Office of the Town Manager) MOTION:To adopt Consent Calendar Item No. 1, as written.Moved: Ryan, seconded by Nikfar VOTE: AYES: Fredericks, Nikfar, Ryan ABSENT: Thier, Welner DISCUSSION ITEMS DI-1. Review of Proposed Fiscal Year 2024-25 Capital Improvement Program Public comment was received by: •Bruce King referred to the letter submitted by the Green Team and requested updatedmaps on the Parks Master Plan project. Councilmember Ryan listed the projects he would like to see in the queue for future programs: a sidewalk from Gilmartin to San Rafael Avenue and a staircase or informal trail from the parking lot at Lyford Drive, up to Mariner Way, and across Mar West so kids can walk from RUSD to the Library. Mayor Fredericks said she’d like to see a future project to make the hill from Esperanza to downtown easier to navigate for the seniors that live there. No action taken. CC-2 DRAFTPage 2 of 2 Tiburon Town Council Minutes #09-2024 May 28, 2024 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Fredericks adjourned the meeting at 10:40 a.m. ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: LEA DILENA, TOWN CLERK DRAFTPage 1 of 5 Tiburon Town Council Minutes #10-2024 June 5, 2024 TOWN COUNCIL SPECIAL MEETING DRAFT MINUTES Mayor Fredericks called the special meeting of the Tiburon Town Council to order at 6:30 p.m. on Wednesday, June 5, 2024, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Fredericks, Nikfar, Ryan, Thier, Welner ABSENT: COUNCILMEMBERS: None PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock, Director of Community Development Tasini, Engineering Manager Eshoo, Operations ManagerKerslake,Town Clerk Dilena INTERVIEWS FOR VACANCIES ON TOWN BOARDS & COMMISSIONS •Pamela Goldman, Belvedere-Tiburon Library Agency Board of Trustees ORAL COMMUNICATIONS Chelsea Young recommended the Parks Master Plan create more spaces for kids, including allocating money toward beautifying the mini-park, creating a splash pad or covered picnic area at the RBSD site, and toward the safety of bike lanes. Danielle Lepe recommended the Council allocate money in the budget toward the Police Department to assist in solving local crimes and burglaries. Emily recommended the master plan include improvements dedicated toward kids. Beth Mix expressed concerns about a playground at RUSD and looked forward to ongoing discussions about how the Parks Master Plan ideas would be incorporated into the Capital Improvement Program. CONSENT CALENDAR CC-1. Belvedere-Tiburon Library Agency Board of Trustees – Approve Reed Union SchoolDistrict’s appointment to the Board, as required by Board bylaws (Office of the Town Clerk) CC-2. 114 Lyford – Adopt resolution denying Appellant Two’s and conditionally grantingAppellant One’s appeals of DRB approval of Site Plan and Architectural Review for the CC-3 DRAFTPage 2 of 5 Tiburon Town Council Minutes #10-2024 June 5, 2024 remodel, deck expansion, and additions to a single-family dwelling at 114 Lyford (Community Development Department) CC-3. 87 East View – Approve settlement agreement, accept grant deed conveying 1,294.36 square feet, and a right of way easement conveying 133.57 square feet (Office of the Town Attorney) CC-4. Vacancies on Town Boards and Commissions – Announce vacancy on the Disaster Advisory Council (Office of the Town Clerk) CC-5. November 5, 2024 General Municipal Election – Adopt resolutions a) calling a general municipal election on November 5, 2024; b) requesting consolidation of election services with the County of Marin; and c) providing that the cost of printing the candidate statements shall be borne by the candidate (Office of the Town Clerk) CC-6. Celebrate Tiburon – Adopt resolution in celebration of Tiburon’s 60th anniversary (Office of the Town Clerk) CC-7. Memorandum of Understanding – Adopt a resolution authorizing the Town Manager to execute the Memorandum of Understanding between the Town of Tiburon and the Service Employees International Union (Department of Administrative Services) Vice Mayor Thier wished to abstain from the vote on Consent Calendar Item No. 2. MOTION: To adopt Consent Calendar Items No. 1 and 3-7, as written. Moved: Thier, seconded by Ryan VOTE: AYES: Fredericks, Nikfar, Ryan, Thier, Welner CC-2. 114 Lyford – Adopt resolution denying Appellant Two’s and conditionally granting Appellant One’s appeals of DRB approval of Site Plan and Architectural Review for the remodel, deck expansion, and additions to a single-family dwelling at 114 Lyford (Community Development Department) MOTION: To adopt Consent Calendar Items No. 2, as written. Moved: Ryan, seconded by Nikfar VOTE: AYES: Fredericks, Nikfar, Ryan, Welner ABSTAIN: Thier ACTION ITEMS AI-1. Appointments to Town Boards and Commissions – Consider making one appointment to the Belvedere-Tiburon Library Agency Board of Trustees (Office of the Town Clerk) MOTION: To appoint Pamela Goldman to the Belvedere-Tiburon Library Agency Board of Trustees. Moved: Nikfar, seconded by Ryan DRAFTPage 3 of 5 Tiburon Town Council Minutes #10-2024 June 5, 2024 VOTE: AYES: Fredericks, Nikfar, Ryan, Thier, Welner AI-2. Association of Bay Area Governments – Consider appointment of a delegate to attend the ABAG General Assembly on June 21, 2024 (Office of the Town Clerk) MOTION: To appoint Councilmember Isaac Nikfar as the Association of Bay Area Governments delegate to attend the annual business meeting. Moved: Ryan, seconded by Fredericks VOTE: AYES: Fredericks, Nikfar, Ryan, Thier, Welner AI-3. Mill Valley Refuse Service – Consider possible 5-year extension of current Franchise Agreement with Mill Valley Refuse Service for residential and commercial solid waste disposal services (Office of the Town Manager) Public comment was received by: • Sarah Reed asked if Mill Valley Refuse Service would be able to pick up garbage in the cans in the parks. • Chelsea Young asked for clarification as to whether green bags can go in the compost bin. No action taken. AI-4. 2024 Pavement Maintenance Project – Consider authorization of Town Manager to approve the award of contract for the project to JV Lucas Paving, Inc. for $998,832, including change orders up to 10%, and for the Town Manager to approve the Construction Management Services Contract with Pavement Engineering Inc. in the amount of $114,625 for the project, and to direct staff to include $1,213,340 in the FY25 Capital Improvement Program budget (Department of Public Works) Public comment was received by: • Beth Mix asked what alternate route residents should take out of Tiburon if Mar East is closed and suggested timing the work with undergrounding. MOTION: To authorize the Town Manager to approve the award of contract for the project to JV Lucas Paving, Inc. for $998,832, including change orders up to 10%, and for the Town Manager to approve the Construction Management Services Contract with Pavement Engineering Inc. in the amount of $114,625 for the project, and to direct staff to include $1,213,340 in the FY25 Capital Improvement Program budget Moved: Nikfar, seconded by Ryan VOTE: AYES: Fredericks, Nikfar, Ryan, Thier, Welner DRAFTPage 4 of 5 Tiburon Town Council Minutes #10-2024 June 5, 2024 PUBLIC HEARINGS PH-1. Fiscal Year 2024-25 Municipal Budget and Capital Improvement Program – Introduction of Fiscal Year 2024-25 Municipal Budget and Capital Improvement Program (Office of the Town Manager) Public comment was received by: • Sarah Reed spoke in favor of parks improvements in the Capital Improvement Program. • Beth Mix spoke in favor of parks improvements, bike lane safety and other improvements for kids in the CIP and adding additional funding for the Police Department to fight crime. • Chelsea Young wondered what the funding allocated toward parks in the proposed budget was for. • Ellie Poblosky asked if any Town Council members had or would attend the Parks & Recreation Master Plan meetings. • Danielle Lepe recommended the capital technology budget include improvements that would provide the latest technology advances in order to best protect the community from crime. • Chuck Hornbrook recommended the parks maintenance budget be increased and noted several project ideas could be done at the same time and recommended thoughtful planning. Item continued. TOWN COUNCIL REPORTS None. TOWN MANAGER REPORT None. CLOSED SESSION 1. CONFERENCE WITH LABOR NEGOTIATORS Town designated representatives: (Town Attorney Benjamin Stock and Town Manager Greg Chanis) Employee organization: (Tiburon Police Officer Association and Service Employees International Union) ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY None. ADJOURNMENT DRAFTPage 5 of 5 Tiburon Town Council Minutes #10-2024 June 5, 2024 There being no further business before the Town Council of the Town of Tiburon, Mayor Fredericks adjourned the meeting at 9:57 p.m. ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: LEA DILENA, TOWN CLERK TOWN OF TIBURON PAGE 1 OF 3 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Approve the Tiburon Tourism Business Improvement District (TTBID) Advisory Board Annual Report, Adopt Resolution of Intention to Levy Assessments for Fiscal Year 2024-2025 and set a Public Hearing date. Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY Council will be considering approval of the Annual Report from the Advisory Board of the Tiburon Tourism Business Improvement District (TTBID) and considering adoption of a Resolution of Intention to levy the assessment for Fiscal Year 2024-2025. Finally, Council will set the date for the required Public Hearing on the matter for August 21, 2024. RECOMMENDED ACTION(S) 1. Consider approval the TTBID Advisory Board Report. 2. Adopt the Resolution of Intention 3. Direct staff to set the required Public Hearing on the matter for August 21, 2024 BACKGROUND The Town created the Tiburon Tourism Business Improvement District (“TTBID”) in 2007 to fund a marketing program to promote tourism. The TTBID raises funds by imposing assessments on the lodging establishments in the Town, who receive a special benefit from the tourism industry. The state law governing the TTBID is the Parking and Business Improvement Area Law of 1989, Section 36500 et seq. of the California Streets and Highways Code (the “Act”). The TTBID Advisory Board (“Advisory Board”) is the governing body of the TTBID. The Act requires the Advisory Board to prepare an annual report (AB Report) for the Town Council containing the following information: 1. The improvements and activities to be provided for the upcoming fiscal year, i.e., the business improvement program. 2. An estimate of the cost of the business improvement program for that fiscal year. 3. The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for that fiscal year. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting August 7, 2024 Agenda Item: CC-4 Town Council Meeting August 7, 2024 TOWN OF TIBURON PAGE 2 OF 3 4. The amount of any surplus or deficit revenues to be carried over from a previous fiscal year. 5. The amount of any contributions to be made from sources other than assessments levied pursuant to this part. The AB Report sets the TTBID’s program, which is subject to Council approval. The Advisory Board met on June 25, 2024 and approved the AB Report attached to this staff report as Exhibit 1. If the Council approves the report, either as submitted or with changes, the program will be implemented during the next fiscal year. To fund the program, the Council must levy the TTBID assessments by (a) adopting the Resolution of Intention attached to this report as Exhibit 2; (b) holding a public hearing to hear any protests from the assessed businesses; and (c) if there is no majority protest, adopting a resolution confirming the report and levying the assessments. ANALYSIS Advisory Board Report The AB Report recommends the Town use the TTBID assessments to continue the activities conducted during the past fiscal year. The Town would use the TTBID assessments to fund a marketing program, in consultation with the TTBID beneficiaries – the Town’s lodging establishments – and other interested parties. In Fiscal Year 2024-25, the TTBID program will continue to be implemented by Destination Tiburon, a non-profit public benefit corporation established in 2014. As explained in the report, staff anticipates that the TTBID will begin Fiscal Year 2023-24 with a surplus of $47,118 from the prior fiscal year and raise approximately $200,000 in assessment revenue during the upcoming fiscal year. In addition to assessment revenue, the TTBID anticipates receiving $40,000 from the Town of Tiburon, which is a portion of the Transient Occupancy Tax collected by the Town. Staff anticipates the TTBID will expend approximately $200,000 in Fiscal Year 2023-24, with any surplus funds carried over to the next fiscal year (FY 2025-26). Resolution of Intention and Related Actions The Act requires that the Council annually levy the TTBID assessments. The first step in this process is for the Council to adopt a Resolution of Intention, which does the following: • Declares the Council’s intention levy the assessments during Fiscal Year 2024-25. • Describes the proposed activities and improvements authorized by the Town’s ordinance, Chapter 7A of the Municipal Code, and any substantial changes to those activities and improvements. • Fixes the time and place for a public hearing on the proposed assessments and states that written and oral protests may be made. The attached DRAFT Resolution of Intention (Exhibit 2) includes all of the statutorily required actions. If the Council decides to proceed with the TTBID process and adopts the Resolution, staff will mail and publish notice of the August 21, 2024 Public Hearing as required by State law. After holding the public hearing and considering public testimony, the Council would determine whether there was a majority protest. Assuming there was not, at the conclusion of the August Town Council Meeting August 7, 2024 TOWN OF TIBURON PAGE 3 OF 3 21, 2024 Public Hearing, the Council could adopt a resolution confirming the report and levying the assessments. FINANCIAL IMPACT Staff does not expect any additional financial impact as a result of adopting the recommended actions. The Town will continue funding the TTBID program from the TTBID assessments and a portion of the TOT tax collected. CLIMATE IMPACT Staff has determined this action will have no direct climate impact to Tiburon. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council: 1. Consider approval the TTBID Advisory Board Report. 2. Adopt the Resolution of Intention 3. Direct staff to set the required public hearing on the matter for August 21, 2024. Exhibit(s): 1. Annual Report of the TTBID Advisory Board (FY 24) 2. DRAFT Resolution of Intention Prepared By: Greg Chanis, Town Manager EXHIBIT 1 1 TOURISM BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD REPORT To: Mayor and Members of the Town Council From: TTBID Advisory Board TTBID Funding and Program; Subject: Date: Report of the TTBID Advisory Board report Recommendation to Approve Report June 20, 2024 I. BACKGROUND The Tiburon Town Council (the Council) formed the Tiburon Tourism Business Improvement District (“TTBID”) in 2007. The impetus behind that action was the request from Town’s two hotels, the Lodge at Tiburon and the Water’s Edge, to join the Marin County tourism promotion effort, which is administered by the Marin County Visitors Bureau (“MCVB”). The TTBID originally imposed assessments of 1% of gross hotel revenue. In 2011, the Town raised the amount of the assessment from 1% to 2% of gross hotel revenue, also at the hotels’ request. Initially, the Town contracted with MCVB to administer the Town’s TTBID program. In 2013, the Town re-directed the funds to a locally based business improvement effort that would focus on the specific attractions of the Tiburon peninsula. In 2014, Destination Tiburon, a nonprofit public benefit corporation was formed to implement the TTBID program. The Town must also comply with the procedural laws governing business assessment districts. Those procedural laws require an annual assessment process that begins with the TTBID Advisory Board’s (the Board) preparing this report for the Council approval. II. TTBID Program A. Procedural Requirements. The Town created the TTBID in 2007 pursuant to the Parking and Business Improvement Area Law of 1989, Section 36500 et seq. of the California Streets and Highways Code (the “Act”). The Act requires the Board to prepare an annual report containing the following information: 1. The improvements and activities to be provided for the upcoming fiscal year, i.e., the business improvement program. 2. An estimate of the cost of the business improvement program for that fiscal year. 3. The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for that fiscal year. 4. The amount of any surplus or deficit revenues to be carried over from a previous fiscal year. 2 5. The amount of any contributions to be made from sources other than assessments levied pursuant to this part. The Council must review this report and approve it either as submitted by the Board or with changes. Approving the report is the first step in the process of imposing assessments for the new fiscal year. B. Tourism Business Improvement Program. 1. Improvements and Activities The TTBID consists of a broad-based destination marketing campaign to raise Tiburon’s profile as a premiere location for vacations, conferences, meetings and other events. This campaign is directed both at leisure tourists and at travel, event professionals. FY2023/2024 can be typified by an intense period of strategic development and marketing planning combined with incredibly productive phases executing the plan. Specific activities in the fiscal year beginning in 7/1/2023 and ending 6/30/2024 consist of: • Continuation of the “Change The Way You Bay” Campaign through bold and stunning advertisements throughout the nine Bay Area counties. • Television advertising with a dedicated 30 second commercial promoting tourism in Tiburon. • Through research and development implement a strategic marketing plan to gain exposure in our three target demographics. • Intense focus on growing our Social Media presents through Photography, Video, collateral, print advertising, eBlasts, Facebook and Instagram strategy and content. • Create individual familiarization Trips for Travel Writers and Creators/Influencers to deliver the unique Tiburon experience, resulting in multiple article placements about Tiburon tourism and over 700k views, shares and saves in dedicated Tiburon content. • Update Leisure Traveler website (DestinationTiburon.org) with new SEO and Google Analytics to increase search engine presents along with content designed to motivate the target with unique Tiburon experiences, and to include crowd-sourced content, including a blog dedicated to new changes coming to town. • Renewed distribution of collateral materials in the Consumer channel: Tiburon Guides and brochures are distributed to guests at Tiburon hotels. These are designed to drive traffic to local businesses and attractions. Digital advertising distributed at the Ferry Building in San Francisco and California Welcome Centers throughout the Bay Area. • Continue to nurture and develop partnerships with industry associations and marketing partners to maximize existing members and customers. • In conjunction with the Tiburon Peninsula Chamber of Commerce the continued support of the Welcome Center in downtown Tiburon. 3 2. Estimated cost of the TTBID Program for Fiscal Year 2024-25. The Board expects program expenditures during Fiscal Year 2024-25 will be approximately $200,000. Any sums remaining would be carried over to the program for Fiscal Year 2025-26. 3. Method and basis of assessment The basis for the assessment will not change. When the Town created the TTBID, the MCVB recommended that the Town calculate the assessment level as a percentage of gross receipts, indicating that the benefit to the assessed businesses would be commensurate with those receipts. Both of the Town’s lodging establishments supported that level of assessment. The Town deferred to the joint expertise of the MCVB and the hotels. The hotels continue to support the 2% of gross receipts assessment and the Advisory Board accepts their judgment. 4. Surplus or deficit revenues carried over from prior fiscal year. The Board expects the TTBID will enter Fiscal Year 2024-25 with a surplus of $47,118 carried over from the prior fiscal year. In the upcoming fiscal year we anticipate total revenue of $240,000. This estimated revenue figure is the combined total of an anticipated $200,000 in assessments related to the TTBID and an additional $40,000 from the Town of Tiburon. Based on these revenue projections and the estimated expenses noted in Section 2, the TTBID expects to end Fiscal Year 2024-25 with approximately $247,118 in reserves, with any reserves carried over to Fiscal Year 2025-26. The Board anticipates FY2024-25 will be a productive year, with the continuation of the welcome center and Tiburon positioning given the current social climate. At the close of FY2024-25, marketing will continue and the focus of the organization will be getting back to hosting groups, raising Tiburon’s social media presents, vacation and hotel stays. 5. The Amount of Contributions from non-TTBID Sources. The Town contributed approximately $15,000 during the present fiscal year and, as noted in Section 4 above, expects to contribute an increased amount in Fiscal Year 2024-25. At this juncture, the Board does not anticipate any other contributions from outside sources. However, the Board recommends exploring participation from local merchants that could benefit from tourism promotion activities. 4 FINANCIAL IMPACT Staff anticipates no additional financial impact to the Town, other than the contribution noted in Section 5 above. The Town will continue to collect the 1 % administrative allowance as provided by law. All remaining funds would be expended on the TTBID program without further contributions from the Town. RECOMMENDATION The TTBID Advisory Board recommends that the Tiburon Town Council: 1. Hear public testimony and make any desired changes to the Advisory Board Report; and 2. Move to approve a Resolution Approving the Report and take such other actions as are necessary to set the assessments for Fiscal Year 2024-25 for a public hearing. EXHIBIT 2 Page 1 of 3 Town Council Resolution No. XX-2024 DRAFT August 7, 2024 DRAFT RESOLUTION NO. XX-2024 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE TTBID ADVISORY BOARD REPORT AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS ON LODGING ESTABLISHMENTS WITHIN THE TIBURON TOURISM BUSINESS IMPROVEMENT DISTRICT DURING FISCAL YEAR 2024-2025 WHEREAS, the Parking and Business Improvement Area Law of 1989, Section 36500 et seq., authorizes cities to establish parking and business improvement areas for the purpose of promoting tourism; and WHEREAS, in 2007, the Town formed the Tiburon Tourism Business Improvement District (“TTBID”), to levy a one percent (1 %) assessment on lodging establishments within the Town’s borders; and WHEREAS, in 2010, at the request of the Town’s two lodging establishments, the Lodge at Tiburon and the Water’s Edge Hotel (“collectively, “Town Hotels”), the Town increased the TTBID assessment to two percent (2%) and WHEREAS, the TTBID Advisory Board (“Advisory Board”) approved its annual report on June 25, 2024, which report sets forth the legally required program and budget information (“Annual Report”). NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Tiburon does hereby resolves, determines, and finds as follows: Section 1. The recitals set forth herein are true and correct. Section 2. The Town Council hereby approves the Advisory Board Report and declares its intention to continue levying and collecting assessments within the Tiburon Tourism Business Improvement District (“TTBID”), whose boundaries are the Town’s borders, during the 2024-2025 fiscal year; Section 3. The Town will use the TTBID funds to finance and administer marketing programs to promote mid-week and off-season overnight lodging business, to promote the Town as an overnight tourism destination, and to fund projects, programs, and activities that benefit lodging establishments within the TTBID, including management and visitor services, all as set forth in this Resolution and the Advisory Board Report on file with the Town Clerk Section 4. The assessment is proposed to be levied on all lodging establishments, existing and future, at a rate of 2% of gross room rental revenue. The assessment is proposed to be this percentage for the following reasons: a. An assessment based on percentage is most fair to lodging establishments Page 2 of 3 Town Council Resolution No. XX-2024 DRAFT August 7, 2024 because it will cost smaller, lower service level and perhaps more inexpensive lodging businesses less money than it will cost larger, perhaps higher service level and higher room rate lodging businesses. b. Benefits received by the assessed lodging businesses are likely to be proportional to their assessment, depending upon programs implemented. c. An assessment based on percentage will result in revenues that rise and fall in reflection of greater and lesser business in an overall up or down tourism market and world economy. d. An assessment based on percentage is direct, and easy to understand and calculate. Section 5. New hotels within the boundaries will not be exempt from the levy of assessment pursuant to Section 36531. Section 6. Except where funds are otherwise available, the lodging business assessment will be levied annually to pay for all improvements and activities within the TTBID, specifically lodging-related and visitor services. These include, but are not limited to, web-site construction and maintenance, highlighting the assessed hotels, providing visitor information to promote mid-week and off-season overnight lodging; Management/Alliances/Board of Directors; Research; Sales in Target Markets, and Administration & Personnel. Section 7. The time and place for the public hearing on the proposed levy of assessments is set for 6:30 p.m. on August 21, 2024, at Tiburon Town Hall located at 1505 Tiburon Boulevard, Tiburon CA 94920 Section 8. At the public hearing, the oral and written testimony of all interested persons for or against the levy of the TTBID or the extent of the TTBID area, the types of businesses to be assessed, or the furnishing of specified types of improvements or activities will be heard. Section 9. Any interested party may make a written or oral protest against the TTBID or any aspect of thereof. However, in determining whether there is a majority protest against the TTBID, the Council will only count written protests from persons or entities that would be subject to the proposed assessment. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a written description of the lodging business in which the person signing the protest in interested, sufficient to identify the business and its address. If the person signing the protest is not shown on the official records of the County of Marin or Town of Tiburon as the owner of the lodging business, then the protest shall contain or be accompanied by written evidence that the person is the owner of the business. Any written protest as to the regularity or evidence of the proceedings shall be in writing and clearly state the irregularity or defect to which objection is made. Written protests should be mailed to the Town Clerk, 1505 Tiburon Boulevard, Tiburon CA 94920. Page 3 of 3 Town Council Resolution No. XX-2024 DRAFT August 7, 2024 Section 10. If, at the conclusion of the public hearing on August 21, 2024, there are of record written protests by the owners of the lodging businesses within the TTBID that will pay fifty percent (50%) or more of the total assessments of the entire TTBID, no further proceedings to levy the TTBID assessments shall occur. New proceedings to levy the TTBID assessments shall not be undertaken again for a period of at least one (1) year from the date of the finding of the majority written protest by the Tiburon Town Council. If the majority written protest is only as to an improvement or activity proposed, then that type of improvement or activity shall not be included in the TTBID. If there are no written protests by owners of the lodging businesses within the TTBID that will pay fifty percent (50%) or more of the total proposed assessments, the Council will consider a resolution confirming the Advisory Board Report and levying the assessments. Section 11. Further information regarding the proposed Tiburon Tourism Business Improvement District (TTBID) may be obtained from Greg Chanis, Town Manager, 1505 Tiburon Boulevard, Tiburon CA 94920, telephone (415) 435-7373. Section 12. The Tiburon Town Council supports the establishment of the TTBID within the legal process set forth above. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held on August 7, 2024, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ______________________________ ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: __________________________________ LEA DILENA, TOWN CLERK TOWN OF TIBURON PAGE 1 OF 3 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Public Works Subject: First Amendment to the Professional Services Agreement with WRT for the Development of a Town of Tiburon Parks & Recreation Master Plan (CIP 23-PK-01) Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY At their March 20, 2024 meeting, the Tiburon Town Council directed WRT to adjust their approach to completing the project, including an extended schedule to develop priority ranking of recreation amenities and park activity zoning diagrams to guide decision making. RECOMMENDED ACTION(S) Staff recommends that the Town Council: 1. Adopt a Resolution approving the First Amendment to the Professional Services Agreement with WRT for the Town of Tiburon Parks & Recreation Master Plan (CIP 23-PK-01), increasing the contract amount for an additional $67,360 for a total amount not to exceed $382,838 and authorize the Town Manager to execute the First Amendment to the Agreement. BACKGROUND A Parks and Recreation Master Plan is needed to address challenges presented by changing demographics, evolving needs of the community, the true cost associated with providing park facilities including maintenance, upkeep, and staff time. The planning process must result in a shared, clearly defined vision for the Town’s Parks and Recreation Master Plan driven by input from residents. Public involvement is extremely important to the Town. WRT began work in April 2023 and has worked with Town Staff to develop a Parks and Recreation Master Plan. As the work has progressed, certain tasks extended beyond the contract scope and budget. At the direction of Town Council and the POST Commission in March 2024, WRT has adjusted their approach to completing the project to include additional meetings, public outreach and an extended schedule. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting August 7, 2024 Agenda Item: CC-5 Town Council Meeting August 7, 2024 TOWN OF TIBURON PAGE 2 OF 3 ANALYSIS WRT has requested an additional $67,360 to their contract for the out-of-scope work attached as Exhibit 1. The proposed changes to the scope of work include the following: 1. Two (2) virtual workshops beyond the two that were included in the original scope of work. These additional virtual workshops took place on February 15 and February 29, and covered Tiburon’s small neighborhood parks as well as open space and trails. 2. Up to five (5) additional meetings with Town Council and/or the POST Commission anticipated to be needed. So far, we have presented to POST Commission twice, Town Council twice, and the Ranch Board once, satisfying the original contract’s allowance of 5 meetings with decision-making bodies. One potential Council meeting may be attended remotely. 3. Two (2) additional meeting (virtual) with the POST Subcommittee. 4. Additional work maintaining website and managing comments and sign-ups over an extended timeframe. 5. Additional work creating a priority ranking of recreation amenities and a park activity zoning diagram, per Council direction, to guide decision-making. 6. A community open house to get feedback on the Plan’s philosophical framework, community prioritization of amenities, total cost of ownership, park activity zones, and decision-making framework for future improvements. The additional tasks will coincide with a schedule extension from June 2024 to October 2024. This Amendment would increase the total agreement amount to an amount not to exceed $382,838. FINANCIAL IMPACT Funding for this Amendment in the amount of $70,000 was included in the Fiscal Year 2025 budget that was adopted by Town Council at their June 19, 2024 meeting with sources of funding being the American Rescue Plan (ARP) funds. As a result, no Budget Amendment is necessary as part of this action. CLIMATE IMPACT Staff has determined this action will have no direct climate impact to Tiburon. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council: 1. Adopt a Resolution approving the First Amendment to the Professional Services Agreement with WRT for the Town of Tiburon Parks & Recreation Master Plan (CIP 23-PK-01), increasing the contract amount for an additional $67,360 for a total Town Council Meeting August 7, 2024 TOWN OF TIBURON PAGE 3 OF 3 amount not to exceed $382,838 and authorize the Town Manager to execute the First Amendment to the Agreement. Exhibit(s): 1. First Amendment to Professional Services Agreement 2. Resolution approving First Amendment 3. Professional Services Agreement Prepared By: Greg Chanis, Town Manager David O. Eshoo, Engineering Manager EXHIBIT 1 Town of Tiburon Project Task Order The Town of Tiburon hereby authorizes the following work to be performed as described below: Task Order Date: 06-27-2024 Short title: Parks & Recreation Master Plan General Description and Task Request: At the direction of Town Council and the POST Commission in March 2024, WRT adjusted their approach to completing the project, to includ additional meetings and an extended schedule. Proposed changes to the scope of work are included in the attached WRT Memorandum dated May 3, 2024. Deliverables: See attached WRT Memorandum dated May 3, 2024 Authorized expenditure amount: Not to Exceed $67,360.00 Type of funds to be used: Park Development & ORT Name of firm providing the service: WRT 120 2nd Street, 3rd Fl San Francisco, CA 94105 Firm's contact person and phone: Pete Winch, 415-882-7853 Schedule (start / completion dates): Per attached WRT Memorandum dated May 3, 2024. Consultant Signature: ____________________________ Date: _______________ Print: _____________________________ Title: _______________ Town of Tiburon: Signature: __________________________ Date: ________________________ Print: ___________________________ Title: ________________________ Copies to: �Public Works �City Manager �Finance �Contractor Attachments: Scope of Work MEMORANDUM WRT, LLC | 478 Tehama Street, Suite 2B | San Francisco, CA 94103 James Stickley CA LA-4251 wrtdesign.com | 415.575.4722 John Gibbs CA LA-4417 N:\8000\8779 Tiburon Parks Master Plan\1-Administration\2-Agreements & Proposals\WRT Proposals\2024-04-16_Tiburon PMP scope adjustment memo.docx To: David Eshoo Date: May 3, 2024 From: Peter Winch Senior Planner Ref. No.: 08779.01 Project: Tiburon Parks Master Plan Pages: 3 Re: Revised Scope, Budget and Schedule CC: John Gibbs Starting in April 2023, WRT has worked with Town Staff to develop a Parks and Recreation Master Plan. As the work has progressed, certain tasks extended beyond the contract scope and budget. In coordination with the Town, we understood that these would be approved as a scope and budget adjustment. In addition, at the direction of Town Council and the POST Commission in March 2024, we have adjusted our approach to completing the project, including additional meetings and an extended schedule. Proposed changes to the scope of work include the following: •Two (2) virtual workshops beyond the two that were included in the original scope of work. These additional virtual workshops took place on February 15 and February 29, and covered Tiburon’s small neighborhood parks as well as open space and trails. •Up to five (5) additional meetings with Town Council and/or the POST Commission anticipated to be needed. So far, we have presented to POST Commission twice, Town Council twice, and the Ranch Board once, satisfying the original contract’s allowance of 5 meetings with decision-making bodies. One potential Council meeting may be attended remotely. •Two (2) additional meeting (virtual) with the POST Subcommittee. •Additional work maintaining website and managing comments and sign-ups over an extended timeframe. •Additional work creating a priority ranking of recreation amenities and a park activity zoning diagram, per Council direction, to guide decision-making. •A community open house to get feedback on the Plan’s philosophical framework, community prioritization of amenities, total cost of ownership, park activity zones, and decision-making framework for future improvements. We anticipate the additional tasks to coincide with a schedule extension from June to October 2024. The additional cost of this work to be $67,360. Revised schedule and budget are attached, and require approval by the Town of Tiburon. Tiburon Parks & Recreation Master PlanWRT Additional Services, May 2024Job Classification John Gibbs Principal Advisor Peter Winch PIC/Senior PlannerOlivia GrenzebachPUD Level 1Olivia Xu LA Level 2Hours by TaskCost by TaskChristine O'RourkePrincipalHours by TaskCost by TaskTask Totals Hourly Rate265.00$ 265.00$ 120.00$ 135.00$ 145.00$ Task 7 Additional Engagement and Plan AugmentationTask 7.1Virtual Workshops (2) - COMPLETED FEBRUARY 2024112201245 7,465.00$ 00-$ 7,465.00$ Task 7.2City Council and POST Commission Meetings (up to 5)12 32 40 -84 16,460.00$ 00-$ 16,460.00$ Task 7.3Additional POST Subcommittee Meetings (2)8 8 - 16 3,080.00$ 0 0 -$ 3,080.00$ Task 7.4Additional Website Management0808 960.00$ 2020 2,900.00$ 3,860.00$ Task 7.5Regular Meetings & Project Management (Extended Period)20 10 030 6,500.00$ 00-$ 6,500.00$ Task 7.6Community Open House 120501687 13,725.00$ 0 0 -$ 13,725.00$ Task 7.7Ranking of Recreation Priorities and Park Zoning48325094 13,770.00$ 0 0 -$ 13,770.00$ Sub-Total - 18 100 168 78 20364 61,960.00$ 20 2,900.00$ 64,860.00$ Additional Reimbursable Expenses (plotting, travel)2,500.00$ -$ 2,500.00$ TOTAL67,360.00$ WRTO'Rourke AssociatesPrime Consultant; Park Facility and System Planning Planning Strategy NEEDSASSESSMENTFINAL PARKSMASTER PLANPROJECTINITIATIONDRAFT PARKSMASTER PLANPop-UpsPOSTSubcommitteePOSTSubcommitteePOSTSubcommitteePOSTCommissionTownCouncilTownCouncilPOSTSubcommitteeWorkshopPOSTSubcommitteeSurveyCommunityPartnersPublicWorkshopsPublicWorkshopsWalkingTourPOSTSubcommitteePOSTCommissionRanch BoardTownCouncilPOSTCommissionPOSTSubcommitteeTownCouncilCommunityOpen HousePOSTCommissionPOSTSubcommitteePOSTSubcommitteeTownCouncilAPR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUNJUL AUG SEPOCTPUBLIC OUTREACH + ENGAGEMENTCOLLECT + ANALYZE DATAGOALS, RECOMMENDATIONS, + ACTIONSPARKS MASTER PLAN EXHIBIT 2 Page 1 of 1 Town Council Resolution No. XX-2024 August 7, 2024 RESOLUTION NO. XX-2024 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON FOR THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH WRT RELATED TO THE PARKS & RECREATION MASTER PLAN WHEREAS, funding for the Town of Tiburon Parks & Recreation Master Plan are included in the Fiscal Year 24/25 Capital Improvement Program (“CIP”) Adopted Budge; and WHEREAS, on February 1, 2023, Tiburon Town Council awarded the Professional Services Agreement to WRT for a total amount not to exceed $315,478; and WHEREAS, the Town desire to amend the February 1, 2023 Professional Services Agreement by this First Amendment so that the Consultant will provide additional services pursuant to the terms and conditions contained herein; and WHEREAS, the amendment would have no effect on the CEQA determination for the Project. NOW, THEREFORE BE IT RESOLVED, that Tiburon Town Council hereby approves the First Amendment to the Professional Services Agreement with WRT in the amount of $67,360 for a total agreement amount not to exceed $382,838 for completion of Town of Tiburon Parks & Recreation Master Plan (CIP 23-PK-01). BE IT FURTHER RESOLVED, that the Town Manager is hereby authorized to execute the First Amendment to the Agreement, with minor revisions that may be approved by the Town Manager and the Town Attorney, and to execute any other documents to effectuate the terms of the Agreement and First Amendment. PASSED, APPROVED, AND ADOPTED this 7th day of August 2024, by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: LEA DILENA, TOWN CLERK EXHIBIT 3 1stFebruary TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Manager Subject: Consider Approval of Response to Marin County Civil Grand Jury Titled: Cyber Preparedness: Are We There Yet? Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY On May 17, 2024 the Marin County Civil Grand Jury issued a report titled: Cyber Preparedness: Are We There Yet? Today, the Council is considering approval of a draft response. RECOMMENDED ACTION(S) Staff recommends Town Council: 1. Review and approve the proposed response and authorize the Town Manager to sign and forward the response to the Marin County Civil Grand Jury. BACKGROUND On June 15, 2023, the Marin County Civil Grand Jury released a report entitled: Cyber Preparedness: Are We There Yet? (Exhibit 1). The report includes numerous findings and recommendations the Town must respond to, with the responses conforming to the format required by Penal Code section 933.05. The Town’s proposed response to the report is attached as Exhibit 2. ANALYSIS No further analysis provided. FINANCIAL IMPACT Staff anticipates no financial impact because of the Council’s action on this matter CLIMATE IMPACT Staff has determined this action will have no significant impact on the Town’s contribution to global climate change. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting August 7, 2024 Agenda Item: CC-6 Town Council Meeting August 7, 2024 TOWN OF TIBURON PAGE 2 OF 2 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 the Town Council: 1. Review and approve the proposed response (Exhibit 2) and authorize the Town Manager to sign and forward the letter to the Civil Grand Jury. Exhibit(s): 1. 2023-2024 Marin County Civil Grand Jury Report: Cyber Preparedness: Are We There Yet? 2. Draft response to 2022-2023 Marin County Civil Grand Jury report titled: Cyber Preparedness: Are We There Yet? Prepared By: Greg Chanis, Town Manager EXHIBIT 1 2023-2024 Marin County Civil Grand Jury Cyber Preparedness: Are We There Yet? May 17, 2024 SUMMARY Cyber preparedness is the practice of ensuring that an organization has a strategy or plan to prevent, respond to, and recover from a cyberattack or incident. This strategy is a collaborative effort that all of an organization’s staff shares in, not just the individuals or department responsible for Information Technology (IT) or Information Systems (IS). The Grand Jury has looked into how different agencies in Marin County (Marin) have continued to become more cyber prepared in order to meet the ever-changing and more complicated technology challenges required to keep their online content and information secure from hackers and other threat actors. This report also provides an overview of cybersecurity practices and systems currently in existence. This is intended to encourage Marin government entities to review their plans and to consider various options to further enhance their cybersecurity measures. As a result of its investigation, the Grand Jury is making a number of recommendations including the following four: 1. The Board of Supervisors should authorize the creation of a new position within the Department of Information Services and Technology for the 2025-2026 fiscal year, with specific responsibilities to assist other Marin agencies in cybersecurity awareness, training, implementation and monitoring of cybersecurity systems. 2. Marin agencies should require a current (executed within the last five years), competitively-bid, written contract which includes business continuity language for any third party Information Technology services they use. 3. The Board of Supervisors should require that the Marin Department of Information Services and Technology evaluate the formation of a Cybersecurity Joint Powers Authority to raise overall cyber preparedness among its members, and to acquire and maintain perimeter defense protection systems for preventing and eliminating ransomware and other more sophisticated cyberattacks. 4. The Board of Supervisors should create two new system-engineering positions to be filled by cybersecurity experts who would be responsible for conducting security risk assessments, providing recommendations, and implementing cybersecurity solutions for public agencies in Marin, among their other tasks. If and when a Joint Powers Authority is created, one of these positions would serve as a County member of the new organization and a liaison with the Chief Information Security Officer. Cyber Preparedness: Are We There Yet? Marin County Civil Grand Jury Page 2 of 22 BACKGROUND In 2020, the Marin County Civil Grand Jury published its report, Cyberattacks: A Growing Threat to Marin Government.1 In the three years leading up to the publishing of the 2020 report, six Marin municipalities had been the target of various cyberattacks.2 In the 2020 report, the Grand Jury focused its investigation on the security of the computer systems used by Marin's government agencies, and called for increased collaboration and transparency regarding cybersecurity issues affecting government agencies throughout Marin. The report made nine recommendations to these agencies. Below are four of the Recommendations from the 2020 report which the 2023-2024 Grand Jury decided to review. While the 2020 report included nine recommendations, the Grand Jury believed that understanding the progress made with these four would give the best overall indication of Marin’s cyber preparedness. • The County should take a lead role in sharing cybersecurity information and best practices with Marin’s cities and towns. • Cities and towns should implement basic prudent cybersecurity practices, including user training, email filtering, password management, and backups. • Municipalities should pursue shared cybersecurity services, where feasible, to lower costs and raise their level of security. • The Marin County Information Services and Technology Department should complete a plan for enhancing the Marin Information and Data Access Systems (MIDAS) to improve cybersecurity for its users. As a result of the 2019-2020 Grand Jury’s first recommendation, the County took the lead in establishing an agency to provide cybersecurity information and best practices to Marin’s municipalities. This agency, called the Marin Information Security Collaborative, was initially composed of representatives from the cities and towns of Marin. The agency was later expanded to include other Marin community partners and private organizations, and in 2022 it was renamed Marin Security and Privacy Council (MSPC).3 Since the Grand Jury’s 2020 report, cyberattacks on a global scale have become more sophisticated, utilizing interactive intrusion techniques, cloud intrusions, mobile device vulnerabilities, and third-party relationship exploitation.4 The dark web (See Appendix A for a definition) also plays a significant role in cyberattacks due to its anonymity and unregulated nature. It provides a platform for cybercriminals, hackers, and others to operate beyond the reach 1 Marin County Civil Grand Jury, 2019-2020 Cyberattacks: A Growing Threat to Marin Government, May 11, 2020, https://www.marincounty.org/-/media/files/departments/gj/reports-responses/2019- 20/cyberattacksagrowingthreattomaringovernment.pdf?la=en, (accessed 4/4/24). 2 Cyberattacks include phishing, ransomware and direct attacks on computer hardware (terms are described in Appendix A). 3 Digital Marin website, Marin Security and Privacy Council, https://godigitalmarin.org/marin-security-and-privacy- council, (accessed 4/4/24). 4 Crowdstrike website, 2024 Global Threat Report, https://go.crowdstrike.com/rs/281-OBQ- 266/images/GlobalThreatReport2024.pdf, p. 9, (accessed 4/4/24); Embroker website, Top 10 Cybersecurity Threats in 2024, January 4, 2024, https://www.embroker.com/blog/top-cybersecurity-threats, (accessed 4/4/24). Cyber Preparedness: Are We There Yet? Marin County Civil Grand Jury Page 3 of 22 of law enforcement. The dark web is used by cyber criminals to steal information from companies and individuals and sell it. Due to persistent and increasingly sophisticated malicious cyber campaigns that threatened the public and private sector, and ultimately the American people’s security and privacy, President Biden issued Executive Order 14028 in 2021 to improve the nation’s cybersecurity.5 This executive order sought to remove the barriers to threat information sharing between the government and the private sector, improve the security of the software supply chain, and shift the federal government to cloud-based services and Zero Trust Architecture.6 Many of the key concerns of this executive order were applicable to state, county and local government agencies as well. Despite Executive Order 14028, cybersecurity attacks have continued to mount, both in frequency and cost to the victims. The Center for Internet Security’s Nationwide Cybersecurity Review found that cyberattacks on state and local governments increased from 2022 to 2023. The report compared the first eight months of 2022 and 2023, when participating government organizations claimed they saw noticeable growth in several types of cyberattacks. The center found that malware attacks increased by 148 percent, while ransomware incidents were 51 percent more prominent during the first eight months of 2023 than they were during the same period a year earlier.7 In a review of IBM’s Cost of a Data Breach Report 2023, the security awareness company SoSafe reported that the average cost of a cyber incident to an agency in the public sector was over $2.6 million.8 SoSafe’s review also noted that cybercriminals were attracted to public sector websites due to “outdated technology and security measures, limited security budgets and understaffed teams, and the public sector’s wealth of sensitive and valuable data.” Ransomware attacks against public agencies in the State of California have been well publicized this past year. In some cases, large ransoms have been paid.9 5 The White House website, Executive Order on Improving the Nation's Cybersecurity | The White House, May 12, 2021, https://www.whitehouse.gov/briefing-room/presidential-actions/2021/05/12/executive-order-on-improving- the-nations-cybersecurity/, (accessed 4/4/24). 6 See definition of Zero Trust Architecture in Appendix A. 7 Sophia Fox-Sowell, Cyberattacks on state and local governments rose in 2023, says CIS report, https://statescoop.com/ransomware-malware-cyberattacks-cis-report-2024, StateScoop, January 30, 2024, (accessed 4/29/24). 8 SoSafe website, Top 5 cyber threats facing the public sector, https://sosafe-awareness.com/blog/top-5-cyber- threats-facing-the-public-sector, (accessed 4/30/24). 9 Colin Atagi, “St. Helena, Solano County libraries hit by cyberattack, $100,000 ransom demanded”, https://www.pressdemocrat.com/article/napa/library-st-helena-solano-cyberattack, Santa Rosa Press Democrat, April 22, 2024, (accessed 4/24/24); City of Oakland website, City of Oakland Restores and Recovers Systems Affected by Ransomware Attack, April 27, 2023, https://www.oaklandca.gov/news/city-of-oakland-restores-and- recovers-systems-affected-by-ransomware-attack, (accessed 4/4/24); Brian Rokos, “San Bernardino County paid $1.1 million ransom to hacker of Sheriff’s Department computers”, San Bernadino Sun, May 4, 2023, https://www.sbsun.com/2023/05/04/san-bernardino-county-paid-1-1-million-ransom-to-hacker-of-sheriffs- department-computers, (accessed 4/4/24); Andre Byik, “City of Hayward detects Cyberattack, takes down website”, The Mercury News, July 10, 2023, https://www.mercurynews.com/2023/07/10/city-of-hayward-detects-cyberattack- takes-down-website, (accessed 4/4/24). Cyber Preparedness: Are We There Yet? Marin County Civil Grand Jury Page 4 of 22 There are many published articles, studies, and guidelines on how agencies, as well as private institutions and individuals, can help prevent and mitigate the impact of these attacks. These include reports from the Cybersecurity and Infrastructure Security Agency (CISA),10 the Federal Bureau of Investigation,11 JP Morgan,12 and others. Due to the ongoing and ever-increasing cybersecurity threats to public agencies posed by numerous and sophisticated adversaries utilizing more advanced cyberattack technologies, the Grand Jury decided to investigate the state of cybersecurity at many Marin agencies. The Grand Jury’s investigation also serves as a follow-up to the 2019-2020 Grand Jury’s report on the threat of cyberattacks to Marin’s governments. This investigation was not designed to point out or highlight specific cybersecurity deficiencies at particular agencies. Rather, it was undertaken to see what improvements had been made in their cyber preparedness and to see if other recommendations should be made to further enhance overall cyber preparedness across agencies in Marin County. APPROACH In its investigation of cyber preparedness in Marin, the Grand Jury undertook the following actions: Interviewed: • Representatives from different County agencies • Representatives from each of Marin’s 11 towns and cities • Members of water, health, sanitation, and utility districts • A member of a third-party organization providing IT and cybersecurity services to the County, and to Marin’s towns and cities The Grand Jury also: • Reviewed articles, surveys, and research papers concerning cybersecurity practices and the use of shared services arrangements in local governmental agencies The Grand Jury’s investigation into cyber preparedness concluded on April 24th, 2024. Please refer to Appendix A for a list of cybersecurity terms and acronyms. 10 Cybersecurity & Infrastructure Security Agency website, Cybersecurity Best Practices, https://www.cisa.gov/topics/cybersecurity-best-practices, (accessed 4/4/24). 11 Federal Bureau of Investigation website, How We Can Help You, https://www.fbi.gov/scams-and-safety/common- scams-and-crimes/ransomware, (accessed 4/4/24). 12 J.P.Morgan website, 4 ways the public sector can prevent cyberattacks, November 14, 2022, https://www.jpmorgan.com/insights/cybersecurity/business-email-compromise/threat-public-sector, (accessed 4/4/24). Cyber Preparedness: Are We There Yet? Marin County Civil Grand Jury Page 5 of 22 DISCUSSION The following discussion will examine the key elements of cybersecurity and cyber preparedness in Marin. The Marin Department of Information Services and Technology (IST) IST is responsible for providing, maintaining, and securing the County’s business applications and data on the appropriate hardware and software platforms. IST “deploys information services and telecommunications technologies throughout the County government and maintains the County’s technology infrastructure.”13 The key responsibilities of IST are to: • Support digital services that help our residents perform tasks online, like paying property taxes and getting building permits • Support secure law enforcement and criminal justice systems • Manage the County’s geographic information and mapping systems • Provide digital accessibility training and support to County employees • Coordinate the cross-sector Digital Marin program • Provide secure network and internet connectivity for County employees  • Manage and deliver technical projects that support Board and County priorities  • Support internal administrative systems for finance and human resources14 The IST web pages include one which details its Top 10 Cybersecurity Tips for Organizations. This webpage was last updated in November, 2023.15 In addition, IST, in cooperation with the MSPC, sends out a monthly security awareness newsletter to Marin agencies and MSPC members, as well as alert notifications regarding active cyber threats. Through the Grand Jury’s interviews with Marin’s municipalities and agencies, it found that many were unaware of the security newsletter and the Top 10 Cybersecurity Tips available to them. IST has also published objectives for Security Awareness16 and Information Security.17 Within IST, the Information Security and Compliance (ISC) division is responsible for cybersecurity and is managed by the Chief Information Security Officer. Through interviews with IST staff, the Grand Jury has come to learn that IST has recently filled job positions in the cybersecurity area that had been open for a considerable time. This has been a difficult process 13 County of Marin website, Information Services and Technology, https://data.marincounty.org/stories/s/s5cn-d5dy, (accessed 4/24/24). 14 County of Marin website, About the Information Services and Technology department, https://www.marincounty.gov/departments/it/about-information-services-and-technology-department, (accessed 4/30/24). 15 County of Marin website, Top 10 Cybersecurity tips for organizations, https://www.marincounty.gov/departments/it/cybersecurity/top-10-cybersecurity-tips-organizations, (accessed 4/24/24). 16 County of Marin website, Security Awareness, https://data.marincounty.org/stories/s/Security-Awareness/9x7e- 6eiy, (accessed 4/4/24). 17 County of Marin website, Information Security, https://data.marincounty.org/stories/s/Information-Security/4mex- b65u, (accessed 4/4/24). Cyber Preparedness: Are We There Yet? Marin County Civil Grand Jury Page 6 of 22 due to the following: high demand in the private sector for this skill, substantially lower salary levels in the county compared to the private sector, the high cost of living in Marin, and oftentimes considerable commute time. These problems affect all Marin agencies. IST also sends out a monthly security awareness newsletter to member agencies of the MSPC for distribution to their employees. Employees receive alert notifications about active cyber threats requiring their attention, gain access to a document library with cybersecurity and digital privacy resources and templates, and have access to a peer network to ask questions and share ideas related to cybersecurity issues.18 Unfortunately, in the Grand Jury’s interviews with the heads of municipalities and special districts, there seemed to be an overall lack of awareness of the existence of the MSPC, as well as the Cybersecurity Tips. This may be due, in part, to the fact that the overall responsibilities of the ISC staff do not currently allow them sufficient time to reach out or collaborate through means other than email in order to better communicate with Marin Security & Privacy Council members. Cybersecurity Best Practices Municipalities Through interviews and follow-up communications, the 2023-2024 Grand Jury studied each of Marin’s municipalities to determine the status of implementation of the four primary, and additional four Cybersecurity Best Practices recommended in the 2019-2020 Grand Jury’s report: • Management of mobile devices • Automated malware detection and removal • Monitoring systems • Use of expert resources • Firewalls • Hardware and patching • Documentation • Vulnerability assessments The current Grand Jury found that 93 percent of the first four (the primary) recommendations had been implemented across all eleven municipalities. The remaining seven percent are in the process of being implemented. For the additional four recommendations, 90 percent have been implemented, while most of these four recommendations are in process. The implementation of the eight best practices seems to have paid off. Since the 2019-2020 Grand Jury Report, none of the municipalities reported any material cyberattacks that would have been at the level of severity requiring public disclosure. Through interviews with members 18 County of Marin News Release, Cyber Safety Group Opens to Marin Businesses, May 19, 2022, https://www.marincounty.org/main/county-press-releases/press-releases/2022/ist-mscplaunch-051922, (accessed 4/4/24). Cyber Preparedness: Are We There Yet? Marin County Civil Grand Jury Page 7 of 22 of the IST staff, the Grand Jury discovered that there were two cyberattacks reported by two other public agencies, but neither resulted in any material loss of data or money. In interviews with each of the eleven municipalities, the most significant perceived cybersecurity risk is phishing. However, due to the implementation of regular cybersecurity training at their agencies, successful phishing attacks have been greatly reduced. IST does not, nor is it required to, provide any additional cybersecurity assistance to Marin’s municipalities (or special districts) other than the aforementioned newsletter and cyber alerts. In the Grand Jury’s interviews the smaller municipalities in particular were receptive to additional collaboration and assistance from the County, due to staffing and budget constraints. .GOV Domains In November of 2023, Governor Newson signed into law AB 1637, requiring local agencies to migrate public websites and email addresses to a .gov or .ca.gov domain by January 1, 2029.19 The law does not apply to special districts. The .gov domain offers a secure way for internet users to identify and use legitimate government websites including multi-factor authentication. Also, browsers are required to use a secure internet connection to increase users’ privacy on a .gov website. These safeguards help eliminate the clickjacking and spoofing of users visiting a .gov website. The Cybersecurity and Infrastructure Security Agency (CISA) manages the issuance of these domains. There is no cost to the public agency for registering a .gov domain.20 Of the 18 agencies investigated by the current Grand Jury, only one municipality, Sausalito, has fully transitioned to a .gov website. Sausalito took the initiative and completed their .gov website migration in 2017. The County and Marin’s larger municipalities have begun rolling out .gov websites and have begun using .gov email addresses. However, the majority of the smaller municipalities interviewed or polled have no plans to either acquire a .gov domain name or to begin the process of moving to a new website platform using this domain. The relatively distant state-mandated time frame may explain why there has been a lack of movement here. Other existing County .org domain names will be redirected to MarinCounty.gov as the websites are rebuilt. Educational institutions such as Marin schools are not eligible for .gov domains. They will be directed to use .edu domain names instead of their existing .org names. The requirement of municipalities implementing a .gov domain is something to be kept in mind for all municipalities considering modifications of their current websites. 19 California Legislative Information, California Law, California Government Code, Title 5, § 50034, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=50034.&article=, (accessed 4/24/24). 20 Cybersecurity and Infrastructure Security Agency website, https://get.gov, (accessed 4/4/24). Cyber Preparedness: Are We There Yet? Marin County Civil Grand Jury Page 8 of 22 Third-Party Providers of IT, IS and Cybersecurity Services The Grand Jury discovered that many, if not all of the municipalities and special districts in Marin County, contract out their IT, IS and cybersecurity services to third parties due to a lack of either in-house expertise or budget. This is especially true for cybersecurity where few entities have the resources to design and implement their own solid cybersecurity defense. Scope of Services Third parties provide a broad set of cybersecurity-related services to the agencies the Grand Jury interviewed. These include cloud back-up, on-site support, remote monitoring, and end-point security, security awareness training, multi-factor authentication, mobile device management, and antivirus and anti-malware management. While this report does not question the quality of services provided by these third parties, there may be additional ways to provide cybersecurity services to the varied governmental agencies located in Marin County. See the discussion below on Joint Powers Authorities. Monitoring Systems Monitoring systems, often referred to as Security Information and Event Management (SIEM) systems, are cybersecurity solutions that help detect, analyze, and respond to security threats before they harm business operations. They are generally fully automated and operate 24 hours a day, seven days a week, 365 days a year. These systems however do not always remove or quarantine the cyber threat. Rather, notification of the cyber threat is sent to staff responsible for removing or quarantining the threat. Through interviews with Marin agencies, the Grand Jury learned that staff response to agencies by the third-party providers on detected problems in the monitoring system is limited to typical office hours. Also, the contracts may only require notice to be delivered within 24 hours. Responding to cyberattacks needs to be handled immediately. Thus, agencies should work with their third-party providers to greatly reduce the amount of time between a detected cyberattack and the ability to isolate or eliminate the threat. Further, having multiple third-party entities servicing individual agencies does not offer the same benefit that a centralized system would provide by allowing experience gained addressing a particular threat to be applied across multiple potential targets. Business Continuity Plans A business continuity plan (BCP) is a system of prevention and recovery from potential threats to a company. Such plans attempt to ensure that personnel and assets are protected and are able to function quickly in the event of a disaster, including cyberattacks. Most agencies that the Grand Jury investigated had their own BCP, or disaster recovery plan and procedures. The creation of a BCP is often at the recommendation of their third-party cybersecurity provider, or of the provider of their cyber insurance. However, in reviewing the contracts between the third parties and Marin agencies, the Grand Jury found no language in the contracts related to business continuity requirements for any of the third-party providers. Cyber Preparedness: Are We There Yet? Marin County Civil Grand Jury Page 9 of 22 Requiring the third-party provider to have their own BCP is important as cyberattacks originating at trusted third parties are becoming more prevalent. Providing proof of liability insurance in the agreement is not enough. A recent report in Security Scorecard, stated that nearly thirty percent of cyber breaches come from third parties.21 Threat actors are attracted to compromising third-party providers because of the high return on investment for these attacks - targeting one entity which provides access to multiple downstream clients. Cybersecurity Plans A cybersecurity plan is a comprehensive strategy that outlines measures to protect sensitive data, prevent cyber threats, and ensure the continuity of operations within an organization. Cybersecurity plans specifically help in preventing financial and personal data losses, ensuring data privacy, and protecting intellectual property. For smaller businesses and local government agencies, the Federal Emergency Management Agency offers a guide for organizations to plan, implement, and maintain a cybersecurity plan.22 From its interviews with Marin municipalities and special districts, the Grand Jury found that cybersecurity plans across these agencies varied widely in terms of completion and implementation. Several agencies have completed plans which are reviewed and updated regularly. Others are working on developing their plans either through their third-party IT and IS provider, or through their insurance risk pool. Insurance Risk Pools, Cybersecurity Audits and Cyber Insurance Grand Jury interviews with municipalities and special districts show that they receive their cyber insurance through insurance risk pools or risk management authorities. Many of Marin’s agencies are members of the Bay Cities Joint Powers Insurance Agency (BCJPIA). This is one of several risk pools available in the Bay Area. It is used by most of the County’s municipalities. BCJPIA was created in 1986 to develop effective risk management programs to reduce the amount and frequency of losses; to share the risk of self-insured losses; and to jointly purchase and provide administrative and other services including, but not limited to, claims adjusting, data processing, risk management, loss prevention, accounting services, actuarial services, and legal services in connection with the program. One of the services provided by the BCJPIA is a cybersecurity audit. The audit indicates areas requiring attention to maintain a functioning cybersecurity defense. These audits require individual members to respond to a series of questions concerning their IT systems and services. Items considered in the audit include the following: 21 SecurityScorecard website, Secure your supply chain, p. 5, https://securityscorecard.com/wp- content/uploads/2024/02/Global-Third-Party-Cybersecurity-Breaches-Final-1.pdf, (accessed 4/4/24). 22 FEMA website, Planning Considerations for Cyber Incidents: Guidance for Emergency Managers, November 2023, pp. 29-37, https://www.fema.gov/sites/default/files/documents/fema_planning-considerations-cyber- incidents_2023.pdf, (accessed 4/24/24). Cyber Preparedness: Are We There Yet? Marin County Civil Grand Jury Page 10 of 22 • Upgrade legacy software and hardware • Develop, implement, and improve a new password policy or current password policy • Develop and implement a disaster recovery plan, business continuity plan, and incident response plan • Include tabletop exercise(s) in the existing incident response plan • Implement tools to help prevent email spoofing • Provide security awareness training to all employees • Initiate a network vulnerability scan • Implement a security information and event monitoring (SIEM) tool From its review of members audits by the BCJPIA and other insurance risk pool organizations, the Grand Jury found that the members had one or more deficiencies that required corrective action. Joint Powers Authorities The California State Legislature defines a Joint Powers Authority (JPA) as a stand-alone organization formed by governmental entities for a specific purpose or project. Two or more governmental entities can join together to form a JPA to solve mutual problems, to fund a project, or to act as a single representative entity for specific activities. A California agency can even share joint powers with an agency in another state.23 The primary purpose of forming a JPA is to enable public entities to pool resources. This could include the County agencies, municipalities, special districts, and other public agencies inside Marin. Pooling resources, coordinating efforts, and eliminating redundant actions or overlapping services can save taxpayer money. JPAs can also obtain more favorable rates or bids from outside services to achieve economies of scale. Governmental entities can form a JPA to fulfill common objectives without voter approval or voter initiatives. However, these governmental entities must post notices, hold public meetings, and solicit comments from citizens or other stakeholders before executing any such agreements. Some of the more notable JPAs in the County include the Southern Marin Emergency Medical- Paramedic System (1980),24 MARINet Libraries of Marin (1991),25 Marin County Hazardous and Solid Waste - Zero Waste Marin (1996),26 the Central Marin Police Authority (2013),27 and the Marin Wildfire Prevention Authority (2020).28 To form a JPA, governmental entities must enter into a formal agreement. The agreement must identify a governing body, such as a Board of Directors and, in most circumstances, identify a 23 California State Senate, Senate Governance and Finance Committee, Governments Working Together: A Citizen’s Guide to Joint Powers Agreements, August 2007, p. 5, https://sgf.senate.ca.gov/sites/sgf.senate.ca.gov/files/GWTFinalversion2.pdf, (accessed 4/24/24). 24 Southern Marin Emergency Medical Paramedic System, https://www.smemps.org, (accessed 4/4/24). 25 MARINet Libraries website, https://marinet.lib.ca.us, (accessed 4/4/24). 26 Zero Waste Marin website, https://zerowastemarin.org, (accessed 4/4/24). 27 Central Marin Police Authority website, https://www.centralmarinpolice.org/, (accessed 4/4/24). 28 Marin Wildfire Prevention Authority website, https://www.marinwildfire.org/collaborations/fire-adapted-marin, (accessed 4/4/24). Cyber Preparedness: Are We There Yet? Marin County Civil Grand Jury Page 11 of 22 treasurer and an auditor. The agreement must be filed within 30 days of the effective date with the Secretary of State and the State Controller. There is no fixed timeframe to a JPA. Member agencies can choose to dissolve the JPA when it no longer serves their interests, or a predetermined termination date may be a part of the joint powers agreement.29 One form of a JPA is designed for insurance pooling and purchasing discounts. These JPAs usually involve governmental entities such as school districts or municipalities that need to buy insurance, supplies, or equipment. This type of JPA can also join with other insurance/purchasing JPAs to create a super JPA. These super JPAs can negotiate for lower rates and volume discounts for supplies, insurance, and equipment. Most municipalities in Marin belong to an insurance pooling JPA as a way of reducing that municipality’s overall insurance premiums, including cybersecurity insurance. These JPAs often offer their members annual audits of IT and IS security. The structure of this type of JPA is usually a horizontal-model JPA. Horizontal-model JPAs consist of members that share a common opportunity, goal, or problem to solve. In general, they transfer their authority (with member entity representation) to a JPA to provide a service or fund a project. If the JPA is not performing well, not producing the desired results, or not delivering improvements, a member may withdraw. Source: Reprinted from Joint Powers Authorities: What You Need To Know 2020/2021 Nevada County Grand Jury Report Date: May 19, 2021 The Grand Jury observes that this type of Horizontal JPA would be the best choice for the formation of a cybersecurity JPA. The formation of such a JPA is consistent with the 2019-2020 Grand Jury’s recommendation that “municipalities should pursue shared cybersecurity services, where feasible, to lower costs and raise their level of security.” 29 California State Legislature Senate Local Government Committee, Governments Working Together, A citizen’s Guide to Joint Powers Agreements, August 2007, p. 26, https://sgf.senate.ca.gov/sites/sgf.senate.ca.gov/files/GWTFinalversion2.pdf, (accessed 4/29/24). Cyber Preparedness: Are We There Yet? Marin County Civil Grand Jury Page 12 of 22 MIDAS MIDAS is a consortium of government and nonprofit agencies within Marin. Its participants share this reliable and secure network infrastructure.30 The members include numerous, but not all, municipalities located within the County, along with other public agencies. The MIDAS infrastructure includes internet connections at public buildings, access to law enforcement, emergency response and justice systems, and the ability to share data between agencies.31 MIDAS serves government agencies and nonprofits. MIDAS provides access to reliable, secure, shared network services and manages the billing, support, and maintenance of the network infrastructure so that member agencies can focus their in-house resources on technology strategy and line-of-business applications. The County manages the funding and operation of MIDAS through the County’s Information Services and Technology department. The County relies on charges to members to cover the cost of operations of the MIDAS network. There are two types of charges made to MIDAS members: • MIDAS Service - for each MIDAS connection point • Network Access - variable bandwidth charges for those MIDAS connections being used to access the internet The MIDAS network infrastructure is maintained, through a professional services contract, by Marin IT, a private, third-party supplier of network services, founded in May of 2006. Its services range from as-needed to daily, full service support including project management, IT management, network management/administration, network monitoring, and help desk support. Through its contract, Marin IT provides managed network services up to the MIDAS router at each member remote location. 30 Digital Marin website, Marin Information and Data Access Systems, https://godigitalmarin.org/marin- information-and-data-access-systems, (accessed 4/24/24). 31 Digital Marin website, Marin Information and Data Access Systems, (accessed 5/9/24). Cyber Preparedness: Are We There Yet? Marin County Civil Grand Jury Page 13 of 22 Configuration of the MIDAS Network Source: County of Marin Department of Information Services and Technology MIDAS originally included 21 members, spread amongst municipalities, nonprofits and special districts. As of the conclusion of the Grand Jury’s investigation, MIDAS had 18 members, which are Marin County public agencies, as well as the Sonoma Marin Area Rail Transit (SMART). The set cost structure of MIDAS is shared on an equal basis by the members, while bandwidth charges are allocated on a “per-location” basis depending on the specific speed of each connection at the individual site. Over the years, some members who were using MIDAS other than for access to law enforcement, emergency response and justice systems, have chosen to leave MIDAS, because they were able to contract for equivalent bandwidth at less expensive rates than what is offered through their MIDAS membership. In addition, some municipalities who continue to use MIDAS for access to law enforcement, have either reduced or eliminated their non-law enforcement MIDAS connections. These changes have resulted in increases to the monthly charges to the remaining members of MIDAS due to the static fixed charge for the system being allocated among fewer constituents. A review of the 2021-2022 County of Marin Annual Comprehensive Financial Report (ACFR), shows that MIDAS (referred to as ‘Marin.org’ in the report) was slightly profitable.32 However, a copy of the draft 2022-2023 County Marin ACFR obtained by the Grand Jury, details that Marin.org’s expenses were greater than its revenues. Finally, a review of IST’s fourth quarter 2023 invoicing of MIDAS members for services, suggests that this cost differential may now be 32 County of Marin website, Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2022, p. 30, https://www.marincounty.org/-/media/files/departments/df/acfr/2022-county-of-marin- acfr_adagio_ada.pdf?la=en, (accessed 4/4/24). Cyber Preparedness: Are We There Yet? Marin County Civil Grand Jury Page 14 of 22 even greater. Estimated revenues for calendar year 2023 appear to be less than $900,000, while expenses now appear to be significantly more than $1,000,000.33 One of the recommendations made in the 2019-2020 Grand Jury’s report on cyberattacks was that The Marin County Information Services and Technology Department should complete a plan for enhancing MIDAS to improve cybersecurity for its users. As of the writing of this report, that plan has yet to be completed. Collective Bargaining Agreements (CBA), Managed Service Agreements In 1968, with the passage of the Meyers-Milias-Brown Act (MMBA), employees of cities, counties and special districts in California gained the right to form unions and collectively bargain contracts over changes in wages, hours, benefits, rights, and other terms of employment.34 Two unions represent the County’s IST’s employees, the Marin Association of Public Employees (MAPE)35 and the Marin County Management Employees Association (MCMEA).36 MAPE represents the vast majority of rank and file employees, while MCMEA represents about 350 mid-managers and supervisors across different County departments. The current CBA with MAPE expires on June 30, 2026, while the MCMEA CBA expires on June 30, 2025. The agreements do not include language which would allow the IST or other County departments, the employees of which the two unions represent, to unilaterally negotiate managed service agreements (outsourcing work to third parties). The CBA with MCMEA states that “Any work within the class specification for any classification currently represented by MCMEA shall not be contracted out during the lifetime of the contract without completion of the parties’ meet and confer obligations or until negotiations for a successor agreement have concluded.”37 This language then allows for outsourcing; however, only through negotiation with either of the unions. 33 Grand Jury work paper, MIDAS Q4’24 Invoicing Reconciliation, https://rebrand.ly/MarinCountyMIDASReconciliation, (accessed 4/4/24); IST Flier describing some of the structure and responsibilities of MIDAS, as well as 2024 projected revenues and expenses, https://rebrand.ly/MarinCountyISTDeptMidasFlyer, (accessed 4/4/24). 34 California Public Employment Relations Board website, Laws, https://perb.ca.gov/laws-and-regulations, (accessed 4/4/24). 35 Marin Association of Public Employees website, https://www.newmape.org, (accessed 4/4/24). 36 Marin County Management Employee’s Association website, https://newmcmea.org, (accessed 4/4/24). 37 Collective Bargaining Agreement Marin County Management Employees’ Association County of Marin, July 1, 2022-June 30, 2025, p. 59, https://www.hr.marincounty.org/-/media/files/departments/hr/labor- relations/labor_agreements/mou--mcmea-20222025-for-web.pdf?la=en, (accessed 4/29/24). Cyber Preparedness: Are We There Yet? Marin County Civil Grand Jury Page 15 of 22 The CBA with MAPE does not contain any language specific to contracting out work. However, the language in the MMBA, which governs such CBAs, does cover this (other than for custodial services).38 There is no prohibition of outsourcing for the purpose of changing the way services (that are currently being done by represented employees) can be done by a public entity, regardless of whether or not there is any flexibility or language in an CBA. However, the entity has to make sure the effects of the decision are properly negotiated with the union(s) if such outsourcing were to be done. If not, an unfair labor practice charge could be filed. When the CBAs are renegotiated, it is vital that the County negotiate for expanded rights with respect to entering into managed-service agreements. Expanded rights for these types of agreements would allow IST to more easily contract for expanded cybersecurity services such as SIEM systems, Managed Detection and Response (MDR) or Endpoint Detection and Response (EDR). Additionally, the outsourcing of lower priority tasks such as desktop equipment deployment and support, would allow shifting and retraining of existing staff to higher priority, more strategic work. This retraining has the added benefit of allowing these employees to learn valuable new skills and be in a better position for career advancement in the cyber security area. The Grand Jury has found that the level of cybersecurity preparedness has generally improved since the 2019-2020 Grand Jury report on cyber-attacks. However, due to the dynamic nature of the subject, this will require constant vigilance and investment in technologies. 38 Collective Bargaining Agreement Marin Association of Public Employees General Bargaining Unit and the County of Marin, September 19, 2021-June 30, 2026, https://www.hr.marincounty.org/- /media/files/departments/hr/labor-relations/labor_agreements/mou--mape-gu-20212026--final-for-web.pdf?la=en, (accessed 4/30/24). Cyber Preparedness: Are We There Yet? Marin County Civil Grand Jury Page 16 of 22 FINDINGS F1. Contracts for Information Technology, Information Systems, and Cybersecurity services between third-party providers and Marin County governmental agencies should contain a Business Continuity clause, or other language, protecting that agency from a sudden cessation of services provided by the third-party provider. F2. Marin County municipalities should have current, written contracts with third-party providers of Information Technology, Information Systems, and Cybersecurity services, and should not continue to use those providers’ services without a current contract. F3. Membership in insurance risk pools provides the benefits of cybersecurity assessments and audits, which highlight cybersecurity deficiencies and make suggestions for improvement. F4. Having a completed, adopted and regularly updated cybersecurity plan helps ensure that all staff within a government agency are working together to optimize that organization's cyber preparedness and security. F5. Joint Powers Authorities in Marin County exist to provide more efficient and cost-effective services to the people of Marin. F6. The current County Collective Bargaining Agreements prevent the Marin County Department of Information Systems & Technology from unilaterally negotiating managed service agreements (outsourcing work to third parties). Cyber Preparedness: Are We There Yet? Marin County Civil Grand Jury Page 17 of 22 RECOMMENDATIONS The Grand Jury recommends that by December 31, 2024: R1. Marin agencies should require a current (executed within the last five years), competitively-bid, written contract which includes business continuity language for any third-party Information Technology services they use. R2. The Board of Supervisors should authorize the creation of a new position within the Department of Information Services and Technology for the 2025-2026 fiscal year, with specific responsibilities to assist other County agencies in cybersecurity awareness, training, implementation, and monitoring of cybersecurity systems. R3. The Board of Supervisors should require that the Marin Department of Information Services and Technology evaluate the formation of a Cybersecurity Joint Powers Authority to raise overall cyber preparedness amongst its members, and for the purpose of acquiring and maintaining perimeter defense protection systems for preventing and eliminating ransomware and other more sophisticated cyberattacks. R4. The Board of Supervisors should create two new system-engineering positions to be filled by cybersecurity experts who would be responsible for conducting security risk assessments, providing recommendations and implementing cybersecurity solutions for public agencies in Marin, among their other tasks. R5. If and when a Joint Powers Authority is created, one of these positions would serve as a County member of the new organization and a liaison with the Chief Information Security Officer. R6. All Marin municipalities should: a) take all steps necessary to acquire an appropriate .gov or .ca.gov domain; b) formulate and adopt a plan for rolling out a .gov or .ca.gov website and emails by the start of the 2025-2026 Fiscal Year. R7. The Board of Supervisors should require that the Marin Department of Information Services and Technology: a) develop a plan to redefine a secure network infrastructure of the MIDAS system which solely focuses on providing access to law enforcement, emergency response and justice systems, or other online County services, and exclude Internet Service Provider services; b) take all steps necessary to transition administration of MIDAS from Marin IT to The County of Marin Department of Information Services and Technology. R8. The Board of Supervisors require that the Marin Department of Information Services and Technology and the Department of Human Resources develop a plan for negotiating the inclusion of language that allows for managed service agreements in new Collective Bargaining Agreements with MAPE and MCMEA that will start in July of 2025. R9. The Board of Supervisors requires that the Marin Department of Information Services and Technology update its Top 10 Cybersecurity Tips for Organizations at least once a year. Cyber Preparedness: Are We There Yet? Marin County Civil Grand Jury Page 18 of 22 R10. The Board of Supervisors requires that the Marin Department of Information Services and Technology more directly promote, through the Marin Security and Privacy Council, its Top 10 Cybersecurity Tips for Organizations to all of Marin’s public agencies. Cyber Preparedness: Are We There Yet? Marin County Civil Grand Jury Page 19 of 22 REQUIRED RESPONSES Pursuant to Penal Code section 933.05, the Grand Jury requires responses from the following governing bodies within 90 days: • Marin County Board of Supervisors (F1-F6, R1-R6 (a) and (b), R7 (a) and (b), R8-R10) • City of San Rafael (F1-F6, R1, R6 (a) and (b)) • City of Belvedere (F1-F6, R1, R6 (a) and (b)) • City of Larkspur (F1-F6, R1, R6 (a) and (b)) • City of Mill Valley (F1-F6, R1, R6 (a) and (b)) • City of Novato (F1-F6, R1, R6 (a) and (b)) • City of Sausalito (F1-F6, R1, R6 (a) and (b)) • Town of Corte Madera (F1-F6, R1, R6 (a) and (b)) • Town of Fairfax (F1-F6, R1, R6 (a) and (b)) • Town of Ross (F1-F6, R1, R6 (a) and (b)) • Town of San Anselmo (F1-F6, R1, R6 (a) and (b)) • Town of Tiburon (F1-F6, R1, R6 (a) and (b)) The governing bodies indicated above should be aware that the comment or response of the governing body must be conducted in accordance with Penal Code section 933 (c) and subject to the notice, agenda and open meeting requirements of the Brown Act. INVITED RESPONSES • Marin County of Marin Department of Information Services and Technology (F1-F6, R2- R4, R6 (a) and (b), R9) • Marin County Department of Human Resources (F6, R8) Note: At the time this report was prepared information was available at the websites listed. Reports issued by the Civil Grand Jury do not identify individuals interviewed. Penal Code Section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Civil Grand Jury. The California State Legislature has stated that it intends the provisions of Penal Code Section 929 prohibiting disclosure of witness identities to encourage full candor in testimony in Grand Jury investigations by protecting the privacy and confidentiality of those who participate in any Civil Grand Jury investigation. Cyber Preparedness: Are We There Yet? Marin County Civil Grand Jury Page 20 of 22 APPENDIX A Cybersecurity Terms and Definitions Adversary/Threat Actor: An individual, group, organization, or government that conducts or has the intent to conduct detrimental activities. Antivirus software (AVS): A program that monitors a computer or network to detect or identify major types of malicious code and to prevent or contain malware incidents and sometimes by removing or neutralizing the malicious code. Attack: An attempt to gain unauthorized access to system services, resources, or information, or an attempt to compromise system integrity. Cybersecurity and Infrastructure Security Agency (CISA): Is responsible for developing a range of cyber and infrastructure security services, publications, and programs for the federal government, state, local, tribal, and territorial (SLTT) governments, industry, small and medium- sized businesses, and the general public. CISA defends critical infrastructure against threats and assists both other government agencies and private sector organizations in addressing cybersecurity issues. Clickjacking: Involves tricking someone into clicking on one object on a web page while they think they are clicking on another. The attacker loads a transparent page over the legitimate content on the web page so that the victim thinks they are clicking on a legitimate item when they are really clicking on something on the attacker’s invisible page. This way, the attacker can hijack the victim’s click for their own purposes. Clickjacking could be used to install malware, gain access to one of the victim’s online accounts, or enable the victim’s webcam. Cybersecurity: Relates to the processes, computer hardware and software employed to safeguard and secure assets used to carry information of an organization from being stolen or attacked. Cybersecurity requires extensive knowledge of possible threats such as viruses or other malicious objects. Identity management, risk management, and incident management form the crux of the cybersecurity strategies of an organization. Dark Web: The Dark Web is encrypted parts of the internet that are not indexed by search engines, most notoriously used by all types of criminals including; pedophiles, illicit human and contraband traffickers, and cyber criminals, to communicate and share information without being detected or identified by law enforcement. Malware of all types can be purchased on the dark web. Dark Web pages need special software with the correct decryption key and access rights and knowledge to find content. Users of the Dark Web remain almost completely anonymous due to its P2P network connections which makes network activity very difficult to trace. Data breach: The unauthorized movement or disclosure of sensitive information to a party, usually outside the organization, that is not authorized to have or see the information. Cyber Preparedness: Are We There Yet? Marin County Civil Grand Jury Page 21 of 22 Denial of Service: An attack that prevents or impairs the authorized use of information system resources or services. Distributed Denial of Service (DDOS): A denial of service technique that uses numerous systems to perform the attack simultaneously. Endpoint Detection and Response (EDR): Also referred to as endpoint detection and threat response (EDTR), is an endpoint security solution that continuously monitors end-user devices to detect and respond to cyber threats like ransomware and malware. Firewall: A Firewall is a security system that forms a virtual perimeter around a network of workstations preventing viruses, worms, and hackers from penetrating. Information Systems (IS) is a term for how data is collected and used in an organization including the hardware, software and network communications. Information Technology (IT) is a common term typically for aspects related to business enterprise computing including hardware, software and infrastructure. Interactive Intrusion Techniques: Malicious activities where an Adversary actively interacts with and executes actions on a host to achieve their goals. Unlike automated Malware attacks that rely on the mass deployment of scripts and tools, interactive intrusions leverage the ingenuity and problem solving skills of human adversaries. These individuals can mimic expected user and administrator behavior, making it difficult for defenders to differentiate between legitimate user activity and a cyberattack. Malware: Software that compromises the operation of a system by performing an unauthorized function or process. Managed Detection and Response (MDR): A (third-party) cybersecurity service that provides organizations with a team of experts who monitor your endpoints, networks and cloud environments and respond to cyber threats 24/7. MIDAS is a consortium of government and nonprofit agencies within Marin County. It provides a reliable and secure network infrastructure. Multi Factor Authentication (MFA): A form of authentication that requires a user to provide two or more verification factors to access a resource such as an online account. Phishing: Phishing is a type of internet fraud that seeks to acquire a user’s credentials by deception. It includes the theft of passwords, credit card numbers, bank account details, and other confidential information. Phishing messages usually take the form of fake notifications from banks, providers, online payment systems, and other, legitimate-looking organizations. The phishing attempt will try to encourage a recipient, for one reason or another, to enter/update personal data. Common reasons given can include “suspicious login to the account,” or “expiration of the password.” Cyber Preparedness: Are We There Yet? Marin County Civil Grand Jury Page 22 of 22 Ransomware: Is the name given to malicious programs designed to extort money from victims by blocking access to the computer or encrypting stored data. The malware displays a message offering to restore the system/data in return for payment. Security Information and Event Management (SIEM): A cyber security solution that helps organizations detect, analyze, and respond to security threats before they harm business operations. SIEM combines both security information management (SIM) and security event management (SEM) into one security management system. SIEM technology collects event log data from a range of sources, identifies activity that deviates from the norm with real-time analysis, and takes appropriate action. Spoofing: A Spoof is an attack attempt by an unauthorized entity or attacker to gain illegitimate access to a system by posing as an authorized user. Spoofing includes any act of disguising a communication from an unknown source as being from a known, trusted source. Spoofing can apply to emails, phone calls, and websites, or can be more technical, such as a computer spoofing an IP address. Third-party relationship exploitation: This type of cyberattack takes advantage of vendor- client relationships to deploy malicious tooling via two key techniques: 1) compromising the software supply chain using trusted software to spread malicious tooling and 2) leveraging access to vendors supplying IT services. Zero Trust Architecture: Zero Trust Architecture is a security concept centered around the idea that organizations should not automatically trust anything inside or outside of their perimeters and instead must verify anything and everything trying to connect to their systems before granting access. This approach is based on the principle of "never trust, always verify." Zero Trust Architecture operates on the assumption that threats exist both inside and outside the network, and it focuses on maintaining strict access controls and continuously verifying the trustworthiness of users and devices. This is done through various methods such as multi-factor authentication, micro-segmentation, least privilege access, and continuous monitoring of network traffic and user behavior. EXHIBIT 2 1 RESPONSE TO GRAND JURY REPORT FORM Town of Tiburon Report Title: Cyber Preparedness: Are We There Yet? Report Date: May 17, 2024 Response By: Town of Tiburon FINDINGS • We agree with Findings numbered: F1, F2, F3, F4 and F5 • We disagree partly with Findings numbered: F6 RECOMMENDATIONS  Recommendations numbered: R1 and R6 (a and b) have not been implemented but will be implemented in the future Date: August 7, 2024 Signed: ___________________________________ Number of pages attached: 2 Town of Tiburon Response to Grand Jury Finding and Recommendations “Cybersecurity: Are we there yet”?” Office of the Town Manager Town of Tiburon August 7, 2024 The Honorable Mark Talamantes Presiding Judge of the Marin County Superior Court Post Office Box 4988 San Rafael, CA 94913-4988 Rod Kerr, Foreperson Marin County Civil Grand Jury 3501 Civic Center Drive, Room 275 San Rafael, CA 94903 Re: Response to Grand Jury Report Cybersecurity: Are we there yet? Dear Honorable Judge Talamantes and Foreperson Kerr: This letter explains in detail the Town of Tiburon’s response to the Civil Grand Jury Report dated May 17, 2024 (Cybersecurity: Are We There Yet?). The Report directs the Town to respond to Findings F1-F6, and Recommendations R1 and R6 (parts a and b). FINDINGS AND RESPONSES F1. Contracts for Information Technology, Information Systems, and Cybersecurity services between third-party providers and Marin County governmental agencies should contain a Business Continuity clause, or other language, protecting that agency from a sudden cessation of services provided by the third-party provider. Response- The Town of Tiburon agrees with this Finding. F2. Marin County municipalities should have current, written contracts with third-party providers of Information Technology, Information Systems, and Cybersecurity services, and should not continue to use those providers’ services without a current contract. Response- The Town of Tiburon agrees with this finding F3. Membership in insurance risk pools provides the benefits of cybersecurity assessments and audits, which highlight cybersecurity deficiencies and make suggestions for improvement. Response- The Town of Tiburon agrees with this Finding. F4. Having a completed, adopted and regularly updated cybersecurity plan helps ensure that all staff within a government agency are working together to optimize that organization's cyber preparedness and security. Response- The Town of Tiburon agrees with this Finding. Town of Tiburon Response to Grand Jury Finding and Recommendations “Cybersecurity: Are we there yet”?” F5. Joint Powers Authorities in Marin County exist to provide more efficient and cost-effective services to the people of Marin. Response- The Town of Tiburon agrees with this Finding. F6. The current County Collective Bargaining Agreements prevent the Marin County Department of Information Systems & Technology from unilaterally negotiating managed service agreements (outsourcing work to third parties). Response- The Town of Tiburon partially disagrees with this Finding. The Town of Tiburon cannot fully agree or disagree with this finding as the Town is not involved in the collective bargaining process at the County level. RECOMMENDATIONS AND RESPONSES R1. Marin agencies should require a current (executed within the last five years), competitively-bid, written contract which includes business continuity language for any third-party Information Technology services they use. Response - This recommendation has already been implemented The Town of Tiburon currently contracts with Apex Technology Management for the provision of Information Technology management services. The contract for these services includes language related to business continuity services. R6. All Marin municipalities should: a. take all steps necessary to acquire an appropriate .gov or .ca.gov domain; Response - This recommendation has not been implemented but will be implemented in the future. Town staff is currently working with Apex Technology Management to acquire the appropriate domain(s) which we anticipate acquiring by the end of calendar year 2024. b. formulate and adopt a plan for rolling out a .gov or .ca.gov website and emails by the start of the 2025-2026 Fiscal Year. Response - This recommendation has not been implemented but will be implemented in the future. The Town anticipates having a plan in place for the transition by the beginning of the 2025-2026 Fiscal Year. Sincerely, Greg Chanis, Town Manager Town of Tiburon TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Manager Subject: Consider Approval of Response to Marin County Civil Grand Jury Titled: With Power Comes Responsibility: Youth Under Age 16 Operating Class 2 E- bikes: A Safety Risk Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY On April 26, 2024, the Marin County Civil Grand Jury issued “With Power Comes Responsibility: Youth Under Age 16 Operating Class 2 E-bikes: A Safety Risk”. Today, the Council is considering approval of a draft response. RECOMMENDED ACTION(S) Staff recommends Town Council: 1. Review and approve the proposed response and authorize the Town Manager to sign and forward the response to the Marin County Civil Grand Jury. BACKGROUND On June 15, 2023, the Marin County Civil Grand Jury released a report entitled: “With Power Comes Responsibility: Youth Under Age 16 Operating Class 2 E-bikes: A Safety Risk” (Exhibit 1). The report includes numerous findings and recommendations the Town must respond to, with the responses conforming to the format required by Penal Code section 933.05. The Town’s proposed response to the report is attached as Exhibit 2. ANALYSIS No further analysis provided. FINANCIAL IMPACT Staff anticipates no financial impact as a result of the Council’s action on this matter CLIMATE IMPACT TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting August 7, 2024 Agenda Item: CC-7 Town Council Meeting August 7, 2024 TOWN OF TIBURON PAGE 2 OF 2 Staff has determined this action will have no significant impact on the Town’s contribution to global climate change. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends the Town Council: 1. Review and approve the proposed response (Exhibit 2) and authorize the Town Manager to sign and forward the letter to the Civil Grand Jury. Exhibit(s): 1. 2023-2024 Marin County Civil Grand Jury Report: “”With Power Comes Responsibility: Youth Under Age 16 Operating Class 2 E-bikes: A Safety Risk. 2. Draft response to 2023-2024 Marin County Civil Grand Jury report titled: “With Power Comes Responsibility: Youth Under Age 16 Operating Class 2 E-bikes: A Safety Risk” Prepared By: Greg Chanis, Town Manager EXHIBIT 1 2023-2024 Marin County Civil Grand Jury With Power Comes Responsibility Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk April 26, 2024 SUMMARY Marin County roads, trails, and paths are enjoyed by many cyclists throughout the year. Over the past decade, the popularity of electric bicycles (e-bikes) has grown, with nationwide e-bike sales almost doubling between 2020 and 2021.1 E-bikes are now used by all types of bike riders in Marin, including commuters, mountain bikers who need a little help getting up steep trails, riders with disabilities or other physical limitations, casual adult riders, and children. Unfortunately, some riders under the age of 16 are not ready for the power of the e-bikes they are operating. Additionally, some young riders are operating e-bikes that have multiple power modes or after- market modifications that make them illegal. The rate of e-bike accidents in Marin among children aged 10-15 is far higher than it is with any other age groups. This has led bike advocacy groups, law enforcement, and public health officials to issue warnings and advisories to Marin families about the danger of e-bikes for children. The laws in California and in Marin do not closely regulate e-bike use. California designates three classes of legal e-bikes. All are limited to 750 watt electric motors. Class 1 and class 3 e-bikes only get electric assistance when the pedals are in use, with class 1 limited to 20 mph assisted speed, and class 3 limited to 28 mph assisted speed.2 Class 2 e-bikes offer pedal-assist electric power, up to 20 mph, and also have a throttle device which will power the bicycle to move even when the rider does not pedal at all. Many class 2 e-bikes can be easily modified to remove the throttle-assisted speed limit, so those e-bikes can travel much faster than 20 mph. These modified bikes no longer legally qualify as e-bikes. Several bills have been proposed in the California State Legislature to further regulate the use of e-bikes, especially among children under age 16. In addition, a few Marin municipalities have passed ordinances regarding e-bikes. The Marin Civil Grand Jury conducted an investigation to determine the extent of the problem when children under age 16 operate e-bikes in Marin, and to explore possible solutions. The Grand Jury concluded that children under age 16 who operate class 2 e-bikes in Marin pose a danger to themselves and others. The Grand Jury also concluded that the same dangers do not apply to youths riding class 1 e-bikes in Marin. 1 Boudway, Ira, Bloomberg, “America’s Best-Selling Electric Vehicles Ride on Two Wheels,” January 21, 2022, https://www.bloomberg.com/news/articles/2022-01-21/u-s-e-bike-sales-outpaced-electric-cars-in-2021, subscription required (accessed 3/18/24). 2 These e-bikes have a sensor to detect the rate of travel. If the bicycle is going 20 mph (class 1 or 2) or 28 mph (class 3), the electric motor is programmed to shut off. Like non-electric bicycles, e-bikes can all travel above those rates, such as when they are coasting downhill. Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk Marin County Civil Grand Jury Page 2 of 13 As a result of its investigation, the Grand Jury recommends that Marin County and each of its municipalities closely communicate with each other about the issues addressed in this report, that they adopt rules limiting use of class 2 e-bikes to operators age 16 and older, and that they require all operators and passengers on class 2 e-bikes to wear helmets. The Grand Jury also recommends that the Marin County Board of Supervisors consider looking into sources of funding for expanded e-bike education efforts. BACKGROUND Marin County is very bike-friendly and offers many trails, multi-use paths, and scenic roads. “Biking is built into the fabric and culture of Northern California’s famous getaway Marin County.”3 Many county residents use biking to enjoy the outdoors, enhance their quality of life, improve their health, and reduce automobile traffic. For people who struggle to ride Marin’s rolling hills due to disability, age, or other reasons, e-bikes offer needed power assistance. 4 While most e-bike riders are responsible and careful, concerns have arisen with regard to throttle-assist, or class 2 e-bikes. The class 2 e-bikes have become very popular with younger riders, including many Marin children under age 16. Unlike class 1 and class 3 e-bikes, which are speed-regulated and only get a power boost while the rider is pedaling, class 2 e-bikes can accelerate quickly with no pedaling at all. They can also be modified to exceed 20 mph.5 Class 2 e-bikes are sometimes operated by children and teens in ways that can be unsafe for the riders and others around them.6 Unsafe operation of e-bikes on streets and multi-use paths has resulted in injuries to riders, passengers, and pedestrians.7 3 Joe Kukura, “Beginner’s Guide to Biking in Marin,” Marin Convention and Vistor’s Bureau, January 30, 2018, https://www.visitmarin.org/blog/biking-in-marin-collection/beginners-guide-to-biking-in-marin/, (accessed 3/30/24). 4 Mitch LaRosa, “E-Bikes Increase Mobility Access for Older Adults and People with Disabilities,” National Aging and Disability Transportation Center News, February 24, 2022, https://www.nadtc.org/news/blog/e-bikes-increase- mobility-access-for-older-adults-and-people-with-disabilities/, (accessed 3/29/24). 5 “How to Make Your E-bike Faster: 7 Easy Ways to Boost E-Bike Speed,” eBicycles.com, copyright 2024, https://www.ebicycles.com/how-to-make-your-ebike-faster/, (accessed 3/30/24). 6 See, e.g., James Tark, “Micromobility Products-Related Deaths, Injuries, and Hazard Patterns: 2017-2022,” United States Consumer Product Safety Commission Report, September 2023, https://www.cpsc.gov/s3fs- public/Micromobility-Products-Related-Deaths-Injuries-and-Hazard-Patterns-2017- 2022.pdf?VersionId=BekCvIY03IvMU9nHr2ErziUNXNkPAghJ, (accessed 3/30/24); this report says e-bike injuries have steadily increased since 2017, including 104 fatalities between 2017 and 2022. Also see Bruno Long, “Woman Dies in Collision with Electric Bike, Leads to Emergency Ban on E-Bikes,” Bike Mag, March 1, 2024, https://www.bikemag.com/ebikes/woman-dies-in-collision-with-electric-bike-leads-to-emergency-ban-on-e-bikes, (accessed 3/30/24); this article recounts the death of a 66 year old woman after a collision with a 12 year-old riding an e-bike. 7 Alex N. Gecan, “Sausalito Pedestrian Dies After E-Bike Collision,” Marin Independent Journal, September 20, 2022, https://www.marinij.com/2022/09/20/sausalito-pedestrian-dies-after-e-bike-collision/, subscription required (accessed 3/29/24); Michael Cabanatuan, “Two Marin County Communities Are Trying to Rein in ‘Reckless’ Teens on Speedy E-Bikes,” San Francisco Chronicle, May 1, 2023, https://www.sfchronicle.com/bayarea/article/marin- county-e-bikes-teenagers-17923964.php, subscription required (accessed 3/29/24). Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk Marin County Civil Grand Jury Page 3 of 13 APPROACH The 2023-2024 Grand Jury conducted confidential interviews and reviewed federal, state, and local laws and regulations; medical articles; both public and non-public records and websites; and news reports from various sources including data available from Marin Health and Human Services on e-bike accidents in Marin. The Grand Jury’s interviews included: ●Interviews with local bicycle advocates and bicycle safety experts ●Interviews with local officials including: ○Marin school personnel ○Law enforcement officials ○Public health professionals ○Elected leaders This report includes information available as of March 31, 2024. DISCUSSION E-bikes have become increasingly popular since they were introduced in the 1990s.8 As e-bikes proliferated, a patchwork of laws and regulations were created at various levels of government. In recent years, the use of e-bikes has led to concerns on the part of Marin citizens, law enforcement, school personnel, and health care professionals. Federal E-bike Regulations At the federal level, consumer product safety laws define an e-bike, but there are no federal laws pertaining to e-bike use.9 Federal law limits the designation as an e-bike to electrically powered bikes of 750 watts or less, with pedals and with limited speed capacity.10 E-bikes can be powered by the motor alone (a throttle-assist e-bike), and can use a combination of motor and human power (a pedal-assist e-bike). HR 727 essentially makes the sale of such e-bikes legal throughout the country. The definition of e-bikes is also used to distinguish e-bikes from electric motorcycles, mopeds, and other motor vehicles. This is significant primarily because bicycles, including e-bikes, are subject to far fewer age restrictions, licensing, registration, and traffic laws than apply to electric motorcycles, mopeds, other motor vehicles, and their operators.11 8 Ali Rogin, Harry Zahn and Simon Epstein, “E-bike Popularity is Surging, Creating Regulatory Challenges on U.S. Roads,” PBS News Weekend/KQED, October 1, 2023, https://www.pbs.org/newshour/show/e-bike-popularity-is- surging-creating-regulatory-challenges-on-u-s-roads, (accessed 3/29/24). 9 US House of Representatives bill (HR) 727, amended The Consumer Product Safety Act (15 U.S.C. §§ 2051 et seq.) to define a low-speed electric bicycle as “A two- or three-wheeled vehicle with fully operable pedals and an electric motor of less than 750 watts (1 h.p.), whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds, is less than 20 mph.” 10 The requirement that a bike must have pedals to qualify as an e-bike is notable because if there are no operational pedals (or if it has more than 750 watts of power or can exceed 20 mph using only the throttle) then it is an “electric motorcycle” and it is therefore subject to many of the same laws, regulations and requirements as a regular motorcycle. CVC 400-406. 11 “Motorcycles, Mopeds and Scooters,” State of California Department of Motor Vehicles (“Cal DMV”) website article, https://www.dmv.ca.gov/portal/vehicle-registration/new-registration/motorcycles-mopeds-and-scooters/, (accessed 3/29/24); “Bicyclists & Pedestrians,” Cal DMV website article, https://www.dmv.ca.gov/portal/driver- education-and-safety/special-interest-driver-guides/bicyclists-pedestrians/, (accessed 3/29/24). Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk Marin County Civil Grand Jury Page 4 of 13 California Vehicle Code E-bike Regulation Many states have passed laws regulating the use of e-bikes. California Vehicle Code (CVC) section 312.5 establishes three classes of e-bikes: ●Class 1 is a pedal-assist e-bike, without a throttle, that will stop providing electric motor assistance at 20 mph.12 ●Class 2 is an e-bike that includes a throttle that can power the bike without pedaling, that will stop providing electric motor assistance at 20 mph.13 ●Class 3 is a pedal-assist e-bike, without a throttle, that will stop providing electric motor assistance at 28 mph.14 In addition to defining the three classes, CVC section 312.5(b) provides that e-bike operators are subject to the same traffic safety laws that apply to operators of other bicycles.15 It also requires that bike manufacturers and distributors in California include a permanent label on all e-bikes, indicating the class designation, the top assisted speed, and the motor wattage.16 Photo of a label on an e-bike for sale in a Marin County store in March 2024. (Photo courtesy of 2023-2024 Marin County Civil Grand Jury) 12 CVC § 312.5(a)(1). 13 CVC § 312.5(a)(2). 14 CVC § 312.5(a)(3). 15 CVC § 312.5(b). 16 CVC § 312.5(c). Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk Marin County Civil Grand Jury Page 5 of 13 CVC section 21213 also regulates e-bike use throughout California, limiting class 3 e-bike use to operators at least 16 years old, and requiring the use of a helmet for all class 3 operators and passengers.17 Other California laws state that operators of e-bikes, like operators of regular bikes, must follow traffic laws,18 that operators of e-bikes must ride in the same direction as traffic,19 and that users of any class of e-bike under age 18 must always wear helmets.20 Proposed Amendments to California E-bike Regulations A 2023 California Assembly bill, AB 530, proposed licensing requirements and a minimum age of 12 for class 1 and class 2 e-bike users. However, that bill died in the Assembly in January 2024 after facing criticism over the bureaucracy needed for licensing and enforcement.21 Another Assembly bill, AB 1778, which was sponsored by Marin’s District 12 Assemblymember Damon Connolly, was introduced in the state legislature to amend CVC sections 312.5 and 21213. AB 1778 originally sought to amend the Vehicle Code to limit the operation of class 2 e-bikes to people 16 and older, to require that all class 2 e-bike operators and passengers wear helmets, and to mandate that e-bikes cannot exceed the speeds of their class designation.22 In March 2024, AB 1778 was significantly amended. The new bill would make Marin County a test case for comprehensive new e-bike laws. If passed, Marin municipalities, including the county and all cities and towns, would be authorized to pass ordinances regulating e-bike use. Some details of the suggested ordinances include the same limits as the original bill regarding age and speed, and also include rules regarding warnings, citations, fines, safety training classes, and data collection on traffic stops involving e-bikes. Marin would then have to send a report to the state regarding the data it collects.23 On February 29, 2024, California Senate bill SB 1271 was introduced with the goal of clarifying the law regarding multiple-mode e-bikes.24 These are e-bikes that can be switched between lower-power and higher-power modes, which means they may be a class 2 e-bike in one mode, but not a legal e-bike at all in one or more other modes.25 The original version of SB 1271 required that multiple-mode e-bikes be labeled with all of the class numbers of modes in which the bike is capable of operating. It also stripped devices of their e-bike designations if any mode did not “fully conform with the respective class definition when operated in each mode.”26 In 17 CVC § 21213(a) is the age requirement; CVC § 21213(b) is the helmet requirement. 18 CVC § 21200(a)(1). 19 CVC § 21650.1. 20 CVC § 21212(a). 21 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB530, (accessed 3/17/24). 22 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB1778, (accessed 3/17/24). 23 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB1778, (accessed 3/17/24). 24 California Bill SB1271, introduced 2024-02-29 by Senator Min, https://legiscan.com/CA/text/SB1271/id/2930784 (bill as introduced, accessed 3/13/24) and https://legiscan.com/CA/text/SB1271/2023, (bill as amended on February 15, 2024, accessed 3/29/24). 25 For example, as of March 31, 2024, the electric bicycle brand Super73 was advertising a “Super73-R Adventure Series” e-bike as going “20+ MPH” and having “Classes 1/2/3” and also “Off-Road” mode. https://super73.com/, (accessed 3/31/24). See also Matt Jancer, “What are Ebike ‘Classes’ and What Do They Mean?”, Wired, October 5, 2023, https://www.wired.com/story/guide-to-ebike-classes/, (accessed 3/31/24). 26 https://legiscan.com/CA/text/SB1271/2023, accessed 3/18/2024, at Sec. 1, 312.5(d). Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk Marin County Civil Grand Jury Page 6 of 13 other words, a multiple-mode e-bike that has even one mode that is too fast or too powerful to qualify as an e-bike under CVC section 312.5, would automatically be considered an electric motorcycle, not a bicycle at all. SB 1271 was amended in February 2024, leaving the labeling requirement but removing the rest of the multiple-mode restrictions. Both versions of SB 1271 also propose minimum safety standards for batteries on all e-bikes sold, rented, or leased in California, in order to prevent battery fires. E-bike Regulations in Marin County County of Marin Bike Laws Marin County allows class 1 and class 2 e-bikes on public roads and parking lots, on county- owned paved bicycle and multi-use pathways, and in other areas where signs granting permission are posted. This includes the Mill Valley-Sausalito Bike Path and the Corte Madera Creek Pathway.27 E-bikes are not allowed on unpaved trails in Marin Open Space District and Preserve lands and are not allowed on sidewalks anywhere.28 Class 3 e-bikes are allowed on public roads and parking lots, but they are otherwise prohibited within parks and on bike paths unless signs allowing them are posted. Bicycles of all kinds are subject to a 15 mph speed limit on all county- maintained paths except portions of the Mill Valley-Sausalito multi use path, where the speed limit is 10 mph.29 All classes of e-bikes are currently prohibited on Marin Municipal Water District (Marin Water) lands, except on public roads and parking lots.30 However, Marin Water is currently in the process of evaluating class 1 e-bike access to its trails and fire roads. As part of that process, Marin Water has allowed class 1 e-bike access to its fire roads for a substantial period of time. Mill Valley E-bike Ordinance Besides the county, several Marin municipalities also have their own e-bike laws. Mill Valley Municipal Code (MVMC) section 10.04.140 prohibits e-bikes from being ridden on sidewalks and certain other areas. MVMC section 10.30 specifically regulates electric mobility devices, including e-bikes.31 In 2023, Mill Valley police began to issue citations for e-bike operators who violate these laws. Pursuant to Mill Valley’s ordinance, if the operator violating the ordinance is a juvenile, they may attend a “diversion safety program” in lieu of a fine or administrative citation.32 Mill Valley partnered with the Marin County Bicycle Coalition (MCBC), which offers a two hour e-bike 27 “Supervisors Approve Change to E-Bikes Policy,” County of Marin News Release, (September 24, 2019), https://www.marincounty.org/main/county-press-releases/press-releases/2019/parks-ebikes-092419, (accessed 3/31/24); also see Marin Municipal Code (“MCC”) Chapter 13.24, “Bicycles” and Chapter 10.05, “Vehicle and Traffic Regulations.” 28 MMC § 10.05.030 and MMC § 13.24.030; “Supervisors Approve Change to E-Bikes Policy.” 29 MMC § 10.05.050 and “Supervisors Approve Change to E-Bikes Policy.” 30 See, https://www.marinwater.org/visiting-mt-tam, (accessed 3/31/24) which states in part, “E-Bikes are not currently allowed on the watershed.” 31 MVMC §§ 10.30.010-10.30.060. 32 MVMC § 10.30.050(A). Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk Marin County Civil Grand Jury Page 7 of 13 safety course once every few months. The class costs $150 for youth who were issued citations, or $25 for people taking the course without having been cited.33 However, during its investigation, the Grand Jury determined that the original grant funds provided to MCBC to conduct these safety courses are running out. The classes include on-road instruction as well as a classroom component. The classes are supervised by multiple highly trained and certified instructors, so they cannot be provided inexpensively. The Grand Jury also determined that the classes could continue and potentially even be expanded, if additional grant funds are found. These classes are no longer available to youths using certain class 2 e-bikes, however. Specifically, any multiple mode bike, or modified bike, that can exceed the limits of CVC section 312.5 cannot be used for the safety class. On March 1, 2024, MCBC made the following announcement on its webpage: UPDATE March 1, 2024: MCBC is unable to accept any device with the capability of operating “out-of-class”. These devices are not considered an e-bike, and fall into the category of a motor vehicle. Any product that is capable of reaching speeds greater than 20 mph on motor assistance alone will not be accepted in class. The Super73’s are incredibly common in Marin, and unfortunately most of their models fall into the “out-of-class” category that we can no longer accept in our classes.34 San Anselmo E-bike Ordinances San Anselmo Municipal Code section 3-5.304 states that all bike riders must follow the same rules of the road as vehicle drivers. Section 3-5.803 of the code prohibits vehicles on sidewalks. Therefore, bikes, including e-bikes, are not allowed on San Anselmo sidewalks. Following an accident involving an e-bike, San Anselmo also decreed that e-bikes cannot be ridden in Memorial Park, except on a single multi-use pathway. E-bikes may be walked through the paths in the park, and non-motorized bicycles are allowed on the paths “at a safe speed.”35 Other Proposed Ordinances Other jurisdictions in Marin are also considering e-bike ordinances. The Marin Independent Journal reported in October 2023 that for safety reasons, Novato officials were considering new e-bike rules similar to those in Mill Valley.36 This report followed a 4-1 vote by the Novato City Council to discuss “consideration of an electric mobility device ordinance.”37 As of March 31, 2024, Novato had not adopted an e-bike ordinance. 33 Marin County Bicycle Coalition, E-Bike Smart Marin webpage, https://connect.clickandpledge.com/w/Form/3944a87e-4ef8-40d9-a4f3-4c5c67df8f51, (accessed 3/18/24). 34 Marin County Bicycle Coalition, E-Bike Smart Marin webpage, https://marinbike.org/our-programs/road- advocacy/e-bike-smart-marin/, (accessed 3/18/24). 35 “Electric Bicycles (E-bikes) and Electric Scooters (E-scooters) Road Rules and Laws,” Town of San Anselmo website, https://www.townofsananselmo.org/1576/Electric-Bicycles-E-bikes-and-Electric-S, (accessed 3/31/24). 36 https://www.marinij.com/2023/10/12/novato-to-consider-regulations-for-electric-bikes-scooters, (accessed 3/17/24). 37 Novato City Council October 10, 2023 Meeting Minutes, page 2, Item E.1. novato.granicus.com/DocumentViewer.php?file=novato_bea6927b66550ead9591b6828b297d78.pdf&view=1, accessed 03/17/2024. Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk Marin County Civil Grand Jury Page 8 of 13 Public Health Concerns About E-bike Safety The Grand Jury interviewed dozens of Marin citizens and officials about the e-bike situation, including public health officials, law enforcement officers, school personnel, bicycle advocates, and elected officials; all interviews are confidential. All of them expressed personal concerns about e-bike safety, especially with regard to children on e-bikes. Many interviewees related anecdotes about observing dangerous behavior involving young e-bike operators, including tandem riding, riding without helmets, speeding, riding on sidewalks, and zipping through automobile traffic. The best data source on e-bike injury patterns is Marin County’s Bicycle Safety online dashboard, which began tracking bicycle accident data in October 2023.38 As of March 16, 2024, Marin’s e-bike accident rate was 47 per 100,000 for children aged 10-15, a rate more than five times as high as any other age group (16-39, 40-59, and 60+).39 E-Bike (All Clases) Accident Rates by Age in Marin County From October 7, 2023 to March 16, 2024 (Data Source: Marin Department of Health and Human Services)40 38 https://www.marinhhs.org/bicycle-safety (accessed 3/21/2024) 39 Marin County Health and Human Services Bicycle Safety Dashboard, https://www.marinhhs.org/bicycle-safety, (accessed 3/18/2024). 40 Marin County Bicycle Safety Dashboard, https://www.marinhhs.org/bicycle-safety, accessed 3/17/24. Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk Marin County Civil Grand Jury Page 9 of 13 The risk of injury to class 2 e-bike operators is compounded by the fact that although the e-bikes are designed to operate at a top assisted speed of 20 mph, for many models of class 2 e-bikes, a simple adjustment can override this limit.41 In addition to exceeding the 20 mph assisted speed limit, these e-bikes can achieve rapid acceleration without pedaling, unlike class 1 and class 3 e-bikes. As was noted in one national article, class 2 e-bikes are too fast for sidewalks and paths, but they are too slow to be safe for street traffic.42 Several interviewees observed that younger riders sometimes start on Class 2 e-bikes without any past experience on traditional bikes and lack basic road skill and knowledge of traffic laws. Class 2 e-bikes are becoming less expensive and therefore more popular, and their use is likely to increase injury and accident rates. The perception that the use of class 2 e-bikes presents increasing public safety risk was confirmed by a Public Safety Alert issued on November 14, 2023 by Dr. Matt Willis, Marin County’s Public Health Officer, entitled “New Data Prompt E-Bike Safety Alert, Rate of injuries among school-aged children is increasing in Marin.”43 In the Safety Alert, it was noted that during the first month that Marin collected data for the bicycle safety dashboard, “the rate of e-bike accidents for youth ages 10 to 19 years old was nine times higher than that for residents over 20 years old.”44 In addition, trauma surgeons at Marin Health alerted the public to increasing injury rate among 10-15 year old e-bike operators.45 These trauma surgeons noted a dramatic increase in e-bike incidents resulting in serious injuries, some of which have resulted in fatalities. Assemblymember Connolly, when introducing AB 1778, referred to this “shocking increase in accidents” for kids in Marin as the reason for the proposed new law.46 Law Enforcement and E-Bike Safety In confidential interviews with the Grand Jury, multiple law enforcement officials in Marin agreed that e-bikes can be dangerous for young people, but many also said enforcement is complicated because chasing down kids on e-bikes can be dangerous in itself. They also described difficulties determining the age of an operator, the speed being traveled, and the class of e-bike while the bike is in motion. Finally, law enforcement as well as Marin school personnel and bike safety experts are reluctant to have young riders’ first interaction with law enforcement 41 “How to Make Your E-bike Faster: 7 Easy Ways to Boost E-Bike Speed,” eBicycles.com, copyright 2024, https://www.ebicycles.com/how-to-make-your-ebike-faster/, (accessed 3/30/24). 42 Matt Richtel, “A Dangerous Combination: Teenagers’ Accidents Expose E-Bike Risks,” New York Times, July 29, 2023, www.nytimes.com/2023/07/29/health/ebikes-safety-teens.html, requires subscription (accessed 3/29/24) 43 Dr. Matthew Willis, “News Release: New Data Prompt E-Bike Safety Alert, Rate of injuries among school-aged children is increasing in Marin,” Marin County Department of Health and Human Services, November 14,2023, https://www.marincounty.org/main/county-press-releases/press-releases/2023/hhs-ebike-safety-111423, (accessed 3/17/24). 44 Willis, “News Release: New Data Prompt E-Bike Safety Alert, Rate of injuries among school-aged children is increasing in Marin.” 45 Dr. John Maa and Dr. Edward Alfrey, “Trauma surgeons make plea for more e-bike safety,” Marin Independent Journal, December 6, 2023, https://www.marinij.com/2023/12/06/marin-voice-trauma-surgeons-make-plea-for- more-e-bike-safety/, (accessed 3/31/24); Abstract Submitted for presentation to the 19th Annual Congress of Association For Academic Surgery, Feb 6-8, 2024, Washington DC, E. Alfrey , M. Carroll et.al., You Are More Likely To Die If You Crash Your E-Bike Than Your Pedal Bike: It’s Time For Legislation. 46 “Assemblymember Connolly Introduces Bill to Reduce E-Bike Collisions,” Website for District 12 Assemblymember Damon Connolly, January 3, 2024, https://a12.asmdc.org/press-releases/20240103- assemblymember-connolly-introduces-bill-reduce-e-bike-collisions, (accessed 4/1/24). Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk Marin County Civil Grand Jury Page 10 of 13 be an e-bike stop. All these people opined that bike safety training and education are more positive uses of community resources. They also support the MCBC e-bike safety course. However, that popular program is currently without sufficient funding to accommodate everyone in Marin that might benefit from it. It is difficult for first responders to capture information about the specific e-bike model at an accident scene because: ●The required CHP form utilized by all law enforcement organizations in Marin has not been updated since the proliferation of e-bikes. It does not currently contain a section to collect data providing an accurate selection of e-bikes options.47 ●The 911 responders’ primary purpose at an accident scene is to address safety and attend to injuries, not to determine the class of e-bike. ●It can be difficult to easily identify the class or power of an e-bike despite CVC section 312.5’s directive that all e-bikes be clearly labeled with the class, top speed, and wattage. While better data on e-bike accidents would be ideal, both public health and law enforcement officials told the Grand Jury that it would be difficult or impossible to require first responders to record that information, for all the reasons above. It is therefore unrealistic to add a greater data collection burden on first responders attending to bicycle accidents in Marin. School Concerns About E-bike Safety Many Marin school campuses have “walk your wheels” rules that prohibit children from riding bikes, skateboards, and scooters on school grounds. For those campuses, e-bikes are not a particular problem, but school personnel interviewed by the Grand Jury agreed they have seen students riding unsafely off campus. Nearly 60 of Marin’s 75 public schools participate in the Safe Routes to Schools program which is funded by the Transportation Authority of Marin and run by MCBC personnel. About 29,000 Marin students participate each year, learning safe bicycling and pedestrian safety skills from professional instructors.48 As discussed earlier in this report, MCBC also runs an e-bike safety program that was funded by a one-time grant. Such a program cannot currently be added to the Safe Routes to Schools curriculum because of a lack of funds, particularly the cost of certified instructors for the on-road portion of the classes. At least one California school district, Carlsbad Unified in San Diego County, has a permitting program for regular bikes and e-bikes.49 Students there must complete an application and an online safety class, after which they receive a sticker for their bike. Bikes without stickers are not allowed onto any campus in the district. No school in Marin, as of April 1, 2024, has any similar program. School personnel in Marin told the Grand Jury that while they think e-bike safety training for students is a good idea, it is not feasible for their schools to have responsibility for 47 Chapter 14 (nhtsa.gov) (accessed 4/2/24) 48 “About Safe Routes to Schools,” Safe Routes to Schools/Transportation Authority of Marin website, copyright 2024, https://www.saferoutestoschools.org/about/, (accessed 4/1/24). 49 “Bike and eBike Safety,” Carlsbad Unified School District website,” copyright 2024, https://carlsbadusd.net/11885_3, (accessed 4/1/24). Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk Marin County Civil Grand Jury Page 11 of 13 such training. All agree that schools also are not equipped to enforce e-bike laws, such as the age limits on class 3 e-bikes, or any new age restrictions on class 2 e-bikes. College of Marin, with campuses in Kentfield and Novato, allows all legal e-bikes. Interestingly, though, there is a trend throughout California state universities and other community colleges, for the schools to ban e-bike use on campus.50 Based on its website, Dominican University in San Rafael does not ban e-bikes. Bicycle Advocate and Bike Safety Experts’ Views The Grand Jury interviewed Marin bicycle advocates and bicycle safety experts, who agreed that e-bikes serve as a very useful tool for commuters, older adults, and other people with limitations that impact their ability to ride regular bikes. Most oppose any widespread ban or extreme limits on the use of e-bikes, including on Marin Water and County lands. However, there was consensus that the current situation, with many Marin children under age 16 using powerful class 2 e-bikes, some modified to exceed legal speeds, is a danger to the children and the community. The majority of these interviewees also agreed it would make sense for Marin to have uniform laws about e-bikes, so that riders traveling through county-controlled land and various Marin cities and towns, will not face different rules every few miles. Now Is The Time for Action E-bike accidents involving youths under the age of 16 are on the rise in Marin County. There is widespread consensus that class 2 e-bikes are too easily modified to exceed legal speed limits. The laws regarding operators and passengers of class 2 e-bikes under the age of 16 are inconsistent and in a state of flux. There is a compelling need for uniform and consistent rules and regulations regarding class 2 e-bikes across the entire county. Now is the time to act. Based on established California law, and as a result of its investigation, the Grand Jury makes the following findings and recommendations. 50 Christina Chkarboul and Jada Portillo, “Are electric bikes allowed at your college in California? Depends on where you go to school,” Cal Matters, November 20, 2023, https://calmatters.org/education/higher- education/college-beat/2023/11/electric-bikes-college-campuses/, (accessed 4/1/24). Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk Marin County Civil Grand Jury Page 12 of 13 FINDINGS F1. The increasing number of e-bike accidents involving youths under the age of 16 presents a public health and safety danger in Marin. F2. The operation of class 2 e-bikes by operators under the age of 16 poses a significant risk to the safety of e-bike operators, other bike riders, passengers, and pedestrians on sidewalks, streets, multi-use paths, and trails in Marin. F3. The emerging and increasing safety issues related to class 2 e-bike use by operators under the age of 16 has not been addressed by Marin County or the municipalities in a uniform manner. F4. For all practical purposes, the state of California has abdicated its responsibility to regulate the use of class 2 e-bikes, leaving it up to the County of Marin and the Marin municipalities to create their own regulations. F5. The funding to continue the e-bike specific safety and training program (E-bike Smart Marin) provided by the Marin County Bicycle Coalition is not sustainable without new sources of funding. F6. Marin County public schools are not currently able to implement additional bicycle safety training programs for students, beyond what has been offered by Safe Routes to Schools for many years. RECOMMENDATIONS The Grand Jury recommends that: R1. By December 31, 2024, the Board of Supervisors, and each municipality in Marin should take all steps necessary to adopt an ordinance with regard to class 2 e-bikes with, at minimum, the following provisions: (a)Only people aged 16 or older may operate class 2 e-bikes. (b)Operators of class 2 e-bikes must wear helmets. (c)All passengers on class 2 e-bikes must wear helmets. R2. By December 31, 2024, the County of Marin and each municipality in Marin should take all steps necessary to establish a joint task force or committee to investigate and consider coordination among the county and municipalities about adopting a county-wide uniform set of regulations regarding e-bike use within the County of Marin. R3. Any task force or committee as described in Recommendation 2, above, should consider inviting representatives from Marin County schools, law enforcement, public health officials, and bicycle advocates to provide their input. R4. By December 31, 2024, the Board of Supervisors should explore options for additional funding for student and public education in Marin County about e-bike safety. Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk Marin County Civil Grand Jury Page 13 of 13 REQUIRED RESPONSES Pursuant to Penal Code section 933.05, the Grand Jury requires responses from the following governing bodies to each of the Grand Jury’s Findings (F1-F6) and Recommendations (R1 (a), (b), and (c); and R2-R4) within 90 days, as follows: ●Marin County Board of Supervisors ●City of Belvedere ●City of Larkspur ●City of Mill Valley ●City of Novato ●City of San Rafael ●City of Sausalito ●Town of Corte Madera ●Town of Fairfax ●Town of Ross ●Town of San Anselmo ●Town of Tiburon The governing bodies indicated above should be aware that the comment or response of the governing body must be conducted in accordance with Penal Code section 933 (c) and subject to the notice, agenda and open meeting requirements of the Brown Act. Note: At the time this report was prepared information was available at the websites listed. Reports issued by the Civil Grand Jury do not identify individuals interviewed. Penal Code Section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Civil Grand Jury. The California State Legislature has stated that it intends the provisions of Penal Code Section 929 prohibiting disclosure of witness identities to encourage full candor in testimony in Grand Jury investigations by protecting the privacy and confidentiality of those who participate in any Civil Grand Jury investigation. EXHIBIT 2 1 RESPONSE TO GRAND JURY REPORT FORM Town of Tiburon Report Title: With Power Comes Responsibility: Youth Under Age 16 Operating Class 2 E-bikes: A Safety Risk Report Date: April 26, 2024 Response By: Town of Tiburon FINDINGS • We agree with Findings numbered: F1, F2, F3, • We disagree with Finding F4 • We partially disagree with Findings F5 and F6 RECOMMENDATION  Recommendations numbered: R1, R2, R3 and R4 require further analysis. Date: August 7, 2024 Signed: ___________________________________ Number of pages attached: 4 Town of Tiburon Response to Grand Jury Finding and Recommendations With Power Comes Responsibility: Youth Under Age 16 Operating Class 2 E- bikes: A Safety Risk Office of the Town Manager Town of Tiburon August 7, 2024 The Honorable Mark Talamantes Presiding Judge of the Marin County Superior Court Post Office Box 4988 San Rafael, CA 94913-4988 Rod Kerr, Foreperson Marin County Civil Grand Jury 3501 Civic Center Drive, Room 275 San Rafael, CA 94903 Re: Response to Grand Jury Report: With Power Comes Responsibility: Youth Under Age 16 Operating Class 2 E-bikes: A Safety Risk Dear Honorable Judge Talamantes and Foreperson Kerr: This letter explains in detail the Town of Tiburon’s response to the Civil Grand Jury Report dated April 26, 2024: “With Power Comes Responsibility: Youth Under Age 16 Operating Class 2 E-bikes: A Safety Risk”. The Report directs the Town to respond to Findings F1-F6, and Recommendations R1-R4. FINDINGS AND RESPONSES F1. The increasing number of e-bike accidents involving youths under the age of 16 presents a public health and safety danger in Marin. Response- The Town of Tiburon agrees with this Finding. F2. The operation of class 2 e-bikes by operators under the age of 16 poses a significant risk to the safety of e-bike operators, other bike riders, passengers, and pedestrians on sidewalks, streets, multi-use paths, and trails in Marin. Response- The Town of Tiburon agrees with this finding. F3. The emerging and increasing safety issues related to class 2 e-bike use by operators under the age of 16 has not been addressed by Marin County or the municipalities in a uniform manner. Response- The Town of Tiburon agrees with this Finding. F4. For all practical purposes, the state of California has abdicated its responsibility to regulate the use of class 2 e-bikes, leaving it up to the County of Marin and the Marin municipalities to create their own regulations. Response- The Town of Tiburon disagrees with this finding. Although the Town would welcome additional efforts from both the State and Federal level regarding more uniform regulations related to E-bikes, there have been numerous pieces of legislation introduced over the past 10 years related to e- bike safety and ridership. Town of Tiburon Response to Grand Jury Finding and Recommendations With Power Comes Responsibility: Youth Under Age 16 Operating Class 2 E- bikes: A Safety Risk • State Assembly Bill 1096 (Chiu, 2015): currently regulates class 2 and other e-bikes. Among its provisions is a requirement that all riders under age 17 wear a helmet on any type of bicycle; that the maximum speed for a class 2 e-bike be established at 20 mph; and that all e-bikes in California be equipped with an identifying sticker for use by traffic enforcement. • State Senate Bill 381 (Min, 2023): requires the Mineta Transportation Institute at San Jose State University to conduct a study to inform efforts to improve the safety of e-bikes and to submit a report of the findings from the study to the Legislature by January 2026. The bill would require the study to examine, identify, and analyze available information regarding, among other things, data on injuries, crashes, emergency room visits, and deaths related to bicycles and electric bicycles and best practices for policy to promote safe use of electric bicycles. • Proposed State Assembly Bill 2234 (Boerner, 2024): would authorize the San Diego Electric Bicycle Safety Pilot Program, authorizing a local authority within the County of San Diego, or the County of San Diego in unincorporated areas, to adopt an ordinance or resolution that would prohibit a person under 12 years of age from operating a class 1 or 2 electric bicycle. When first introduced, AB 2234 proposed to prohibit children under 12 from operating e-bikes of any class statewide and would also require all e-bike riders to either possess a driver’s license or pass an e-bike safety course. The bill was later modified to be limited to San Diego County. This bill was introduced in the previous session as AB 530. • Proposed State Assembly Bill 2259 (Boerner, 2024): Would require the California State Transportation Agency (DMV) to develop and distribute, on or before September 1, 2025, a bicycle safety handbook that includes information on, among other things, existing laws regulating bicycles and e-bikes. • Proposed State Assembly Bill 1774 (Dixon, 2024): Aims to curb the sales of e-bike modification devices which can increase the speed of e-bikes through after-market modifications. The bill would prohibit the sale of any product or device that can modify the speed capability of an electric bicycle such that it no longer meets the definition of an electric bicycle. • Proposed Assembly Bill 1778 (Connolly, 2024): Would allow Marin County, or any municipality in Marin County, to adopt ordinances limiting the age of class 2 e-bike riders to 16 and older, and would require all class-2 e-bike riders to wear a helmet. When first introduced, AB 1778 proposed to prohibit youth under 16 from operating class 2 e-bikes statewide, but was later modified to be limited to Marin County. F5. The funding to continue the e-bike specific safety and training program (E-bike Smart Marin) provided by the Marin County Bicycle Coalition is not sustainable without new sources of funding. Response- The Town of Tiburon partially disagree with this finding. The Town cannot completely agree or disagree with this finding as we are not adequately informed as to the funding of the Marin County Bicycle Coalition. Town of Tiburon Response to Grand Jury Finding and Recommendations With Power Comes Responsibility: Youth Under Age 16 Operating Class 2 E- bikes: A Safety Risk F6. Marin County public schools are not currently able to implement additional bicycle safety training programs for students, beyond what has been offered by Safe Routes to Schools for many years Response- The Town of Tiburon partially disagrees with this finding. The Town cannot completely agree or disagree with this finding as we are not adequately informed as to the ability of individual school districts to provide additional programs related to bicycle safety. RECOMMENDATIONS AND RESPONSES R1. By December 31, 2024, the Board of Supervisors, and each municipality in Marin should take all steps necessary to adopt an ordinance with regard to class 2 e-bikes with, at minimum, the following provisions: a. Only people aged 16 or older may operate class 2 e-bikes. b. Operators of class 2 e-bikes must wear helmets. c. All passengers on class 2 e-bikes must wear helmets. Response- This recommendation requires further analysis Regarding proposed Provision A, both Class 1 and Class 2 e-bikes have motors that are limited to 750 watts and must stop providing motor assistance at 20mph. The only difference being that Class 2 e-bikes are equipped with a throttle allowing the bikes motor to provide assistance without the rider pedaling. Although this capability in Class 2 e-bikes increases the complexity of riding this type of e-bike, we have not seen clear evidence suggesting the presence of a throttle alone inherently causes more accidents than pedal assist only e-bikes (Class 1 and Class 3). In addition, if enacted, AB 1778 would provide a clearer framework for Marin County jurisdictions to consider and enact additional restrictions if warranted in the future. With regards to proposed provisions B and C, the California Vehicle Code adequately codifies the usage of helmets for e-bikes based on age and class of E-Bike, with CVC 21212 requiring all operators and passengers under 18 years of age shall wear a helmet when riding an e-Bike. R2. By December 31, 2024, the County of Marin and each municipality in Marin should take all steps necessary to establish a joint task force or committee to investigate and consider coordination among the county and municipalities about adopting a county-wide uniform set of regulations regarding e-bike use within the County of Marin. Response- This recommendation requires further analysis Tiburon town staff have been informally collaborating with staff from other jurisdictions on this matter and would be happy to support and participate in a more formal group in the future. Town of Tiburon Response to Grand Jury Finding and Recommendations With Power Comes Responsibility: Youth Under Age 16 Operating Class 2 E- bikes: A Safety Risk R3. Any task force or committee as described in Recommendation 2, above, should consider inviting representatives from Marin County schools, law enforcement, public health officials, and bicycle advocates to provide their input. Response- This recommendation requires further analysis As noted in our response to R3, the Town would support the formation of a countywide group to discuss e-bike use and regulations, and would agree that any group formed for this purpose should seek input from a wide group of stakeholders, including the entities listed in the recommendation R4. By December 31, 2024, the Board of Supervisors should explore options for additional funding for student and public education in Marin County about e-bike safety. Response- This recommendation should be commented on by the County of Marin Board of Supervisors. Sincerely, Greg Chanis, Town Manager Town of Tiburon From:Bob Mittelstaedt To:Town Subject:Fwd: August 7 meeting. CC-7 (response to grand jury report on ebikes) Date:Saturday, August 3, 2024 6:49:14 PM Some people who received this message don't often get email from ramittelstaedt1010@gmail.com. Learn why thisis important CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. when I send to "comments" it is rejected. So I'm resending to town. https://www.ebikeaccess.org ---------- Forwarded message --------- From: Bob Mittelstaedt <ramittelstaedt1010@gmail.com>Date: Sat, Aug 3, 2024 at 6:46 PM Subject: Re: August 7 meeting. CC-7 (response to grand jury report on ebikes)To: <comments@townoftiburon.org> Resending https://www.ebikeaccess.org On Sat, Aug 3, 2024 at 5:36 PM Bob Mittelstaedt <ramittelstaedt1010@gmail.com> wrote: Please consider the following comments on Consent Calendar Item 7, relating to the response to the grand jury report on e-bikes. 1. Please remove this item from the Consent Calendar as other jurisdictions have done, so that it can be separately discussed and voted on. It is an important matter of public safety and deserves fullconsideration. Tiburon should understand the serious safety concerns that require urgent, decisive action, just as other Marin jurisdictions have done. Tiburon should not wait for more accidents and fatalities before taking action. 2. The draft response agrees with the grand jury's key findings, i.e., the rise in e-bike accidents with youths under 16 is a matter of "public health and safety" and, in particular, class 2 (or throttle) e-bikes pose a"significant risk" of injury to riders under 16, as well as to passengers and pedestrians. We concur with this acknowledgement. 3. The question, however, is what if anything Tiburon is going to do toaddress that significant injury risk. In our view, the time for "informal collaboration with staff," "further analysis" and other forms of bureaucratic inertia is over. The draft response refuses to accept the grand jury's recommendation of an ordinance requiring riders of throttlee-bikes to be at least 16 years of age. But it suggests nothing in its place. Having agreed that this is a matter of public health and safety, Tiburon appears to accept the status quo and reject the partial solution crafted by the Board of Supervisors and Damon Connolly. The Board of Supervisors and Damon Connolly have fought for passage of AB 1778. The Assembly passed it unanimously, as did the Senate Transportation Committee. The Senate is expected to do likewise thismonth. Tiburon should support the County and the California Legislature rather than abandoning them at the 11th hour. It is only a matter of time before another serious accident or fatality to arider under 16 occurs. The only question is whether it will occur inTiburon or elsewhere in Marin. When it occurs, the mayor will call for a vigil for the victims, and the community will inquire why elected officials had failed to take action. It is in that context that the Council shouldconsider the reason offered in the draft response for failing to adopt thegrand jury's recommendation of a minimum age ordinance. 4. The stated reason is that the ordinance would apply only to throttle(class 2) e-bikes and not to pedal-assist (class 1 and 3) e-bikes. Thedraft never explicitly states why that justifies rejecting the recommendation. It doesn't. As the draft response recognizes, throttle e-bikes pose a significant riskof injury to riders under 16. That is sufficient reason to impose a minimum age requirement for that category. If Tiburon believes that class 1 pedal-assist e-bikes should have the same minimum age requirement, the responsible course would be to seek legislative authority to do so. But Tiburon has never raised that point as an objection to AB 1778. And it is no reason now to refuse toexercise the full scope of authority to be afforded by AB 1778. When AB 1778 is signed, you will have the authority to protect youth on throttle ebikes. A desire to also protect youth on pedal-assist ebikes isno reason to refuse to exercise your authority to protect youth on throttle ebikes. A partial solution is better than none at all. Think of it this way. What will you say to the family of a person runoveron the Tiburon multi-use path by a 12 year old on a throttle e-bike, or to the parent whose 12 year old child is killed in a throttle ebike accident? They and the community will fairly ask why you didn't exercise your authority under AB 1778 to take that dangerous vehicle out of the handsof the 12 year old? The answer that you were holding out until you obtained the authority to do the same for pedal-assist e-bikes will ring quite empty. It will be little solace at that point. The related question for the author of the draft response is whether they would support the minimum age ordinance if it applied to pedal-assist ebikes as well. Or is this just a make-weight argument? 5. Beyond that, comparing pedal-assist and throttle e-bikes is a false equivalency. It is obvious to anyone who has studied the accident data or has passing familiarity with e-bikes that the throttle variety is significantly more dangerous. Youths under 16 are five times more likely to suffer an accident riding an electric device and resulting in a 911 call than any other age group, as demonstrated by the Marin Public Health bicycle safetydashboard. https://www.marinhhs.org/bicycle-safety. And the injuries - - head trauma, brain injuries, broken bones -- are much greater than those typically incurred in conventional bicycle accidents. We also know, from the bike counts performed for Safe Routes to Schools, that youth under 16 typically ride throttle, not pedal-assist, e- bikes. All of the electric devices at Del Mar Middle School on April 24 were throttle devices. None of them was pedal-assist. This is consistentwith what we observed at middle schools across Marin. Putting two and two together leads to the inescapable conclusion that our middle schoolers are being injured at a disproportionately higher ratebecause of the type of vehicle they are riding. This is particularly compelling when one realizes that the accident rates on conventional bicycles vary much less across age groups. If anyone is unconvinced by the data, you can fall back on common sense. A throttle device of the type ridden by middle schoolers at Del Mar will accelerate from zero to over 30 mph in about 11 seconds. No pedaling is required. Only the slight pressure of a thumb on thethrottle button. If you want to feel what that acceleration and speed are like, take a look at this video. https://www.youtube.com/watch? v=TeB0lyrQb5c Adding to the danger, the young rider can maintain that top speed without any effort for as long as the battery lasts. One does not need to be a physicist to understand the relative danger inherent in that scenario. 6. Specifically, the response to R1-3 should be changed from "requires further analysis" to "will be implemented." For R1, it should be implemented as soon as AB 1778 is signed and gives Tiburon theauthority to enact the minimum age ordinance. R2-3 call for formation of a county-wide group, and we see no need for "further analysis" rather than "implementation." Two final comments. It is true that, as we have been saying for nine months, most of the electric devices at Del Mar Middle School and other middle schools areillegal because their motors are capable of working above 20 mph. But most of them are labeled class 2 ebikes, so the minimum age ordinance will cover them. To escape the ordinance, any manufacturer that affixes a class 2 label to its throttle devices will need to admit that the device ismislabeled and that it is really a motorcycle due to its speed capability. None will do so, because it would be an admission that driver's licenses and DMV registration are required. So they are stuck either way. Finally, whatever action Tiburon takes on the grand jury's recommendations, it should ban the illegal throttle devices from its schools without further delay. In May, the Del Mar principal wrote: "we were one of the first schools to ban class-3 eBikes on campus. Our planis to move forward with other bikes in the future, including Super-73 bikes (when the time comes)." The time has come in Ross which has banned Super 73s andother throttle devices from its school. The time has come in Central Marin where Police Chief Norton recently announced: "If parents don't know that their kids can't ride Super 73s, they're going to find out this Fall when they're not allowed on any campuses in our jurisdictions." Why hasn't the time also come in Tiburon? What is Del Mar waiting for. Surely, we should not be waiting for more accidents before taking the same decisive action that other jurisdictions have taken. Our students'lives may depend on it. As always, we remain willing to work as a partner in implementing a ban on throttle devices. https://www.ebikeaccess.org TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Recommendation to Adopt a Resolution Revising the Town’s Public Pay Schedule, Effective 07-01-2024 Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY As a CalPERS member agency, the California Code of Regulations section 570.5 requires an employer to publish a publicly available pay schedule to help determine earned income for the purposes of calculating retirement compensation. This item asks Council to approve the Town’s publicly available pay schedule which is posted on the Town’s internet for public access. RECOMMENDED ACTION(S) 1. Adopt a Resolution (Exhibit 1) Revising the Town’s Public Pay Schedule, effective July 1, 2024. BACKGROUND The Town’s pay schedule was last updated with the FY2024 budget and was posted on the website. Government code requires us to do revise the schedule each time salaries change, or positions are added. This revision of the Town’s 2024 public pay schedule contains the classifications and pay ranges approved with the FY 2025 budget. ANALYSIS CalPERS member agencies are required by the California Code of Regulations section 570.5 to publish a publicly available pay schedule. CCR §570.5 defines that “payrate be limited to the amount listed on a pay schedule that meets all the following requirements: 1) Has been duly approved and adopted by the employer’s governing body in accordance with requirements of applicable public meetings laws; 2) Identifies the position title for every employee position; 3) Showes the payrate for each identified position, which may be stated as a single amount or as multiple amounts within a range; 4) Indicates the time base, including, but not limited to, whether the time base is hourly, daily, biweekly, monthly, bi-monthly, or annually; TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting August 7, 2024 Agenda Item: CC-8 Town Council Meeting August 7, 2024 TOWN OF TIBURON PAGE 2 OF 2 5) Is posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer’s internet website; 6) Indicates an effective date and date of any revisions. 7) Is retained by the employer and available for public inspection for not less than five years; and 8) Does not reference another document in lieu of disclosing the payrate.” Approval of the attached Resolution, including its Exhibit meets the Town’s obligation under CCR §570.5 and will be repeated as an action at least annually and each time revisions are made to the pay schedule. FINANCIAL IMPACT There is no fiscal impact to the action of approving the pay schedule. Allocations for all pay ranges have been approved by the Council for Fiscal Year 2024-2025. CLIMATE IMPACT Staff has determined this action will have no significant impact on the Town’s contribution to global climate change. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council adopt a Resolution (Exhibit 1) Revising the Town’s Public Pay Schedule, effective July 1, 2024. Exhibits: 1. Resolution and Attachment – Public Pay Schedule, July 1, 2024 Prepared By: Deborah Muchmore, Interim Administrative Services Director EXHIBIT 1 Page 1 of 1 Town Council Resolution No. XX-2024 August 7, 2024 DRAFT RESOLUTION NO. XX-2024 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE TOWN’S PUBLIC PAY SCHEDULE, EFFECTIVE, JULY 1, 2024 WHEREAS, the Town Council has established, approved, and adopted a fair and equitable compensation plan with pay ranges for approved classifications; and WHEREAS, the California Code of Regulations section 570.5 requires a publicly available pay schedule that is current and accurate and reflects the position title for every employee position and shows the pay rate for each identified position; and NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon hereby adopts this Resolution approving the Town’s Publicly Available Pay Schedule as set forth in Exhibit A, effective July 1, 2024. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on August 7, 2024, by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ____________________________________ ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: ___________________________________ LEA DILENA, TOWN CLERK EXHIBIT A Position Weekly Hours Step A Step B Step C Step D Step E Cafeteria Benefit Effective Date MANANAGEMENT EMPLOYEES Chief of Police 40 15,188$ 18,985$ $2,192.90* 7/1/2024 Director of Administrative Services 40 13,483$ 16,853$ $2,192.90*7/1/2024 Director of Community Development 40 13,483$ 22,687$ $2,192.90*7/1/2024 MID-MANAGEMENT / NON-REPRESENTED EMPLOYEES Administration Department Administration Assistant I 40 5,277$ 6,597$ $2,192.90* 7/1/2024 Administration Assistant II 40 5,541$ 6,926$ $2,192.90*7/1/2024 Finance Manager 40 9,331$ 11,664$ $2,192.90*7/1/2024 Management Analyst 40 7,669$ 9,586$ $2,192.90* 7/1/2024 Accountant I 40 6,080$ 7,599$ $2,192.90* 7/1/2024 Accountant II 40 6,774$ 8,467$ $2,192.90* 7/1/2024 Human Resources Analyst I 40 6,050$ 7,653$ $2,192.90* 7/1/2024 Human Resources Analyst II 40 6,410$ 8,546$ $2,192.90* 7/1/2024 Town Clerk / Communications Manager 40 9,631$ 12,039$ $2,192.90* 7/1/2024 Community Development Department Planning Division Assistant Planner 40 6,454$ 8,068$ $2,192.90* 7/1/2024 Associate Planner 40 7,171$ 8,963$ $2,192.90* 7/1/2024 Senior Planner 40 7,338$ 9,833$ $2,192.90* 7/1/2024 Community Development Aide 35 4,894$ 6,118$ $2,192.90* 7/1/2024 Planning Technician 35 5,277$ 6,597$ $2,192.90* 7/1/2024 Senior Planner 40 9,067$ 11,334$ $2,192.90* 7/1/2024 Planning Manager 40 8,605$ 10,757$ $2,192.90* 7/1/2022 Building Inspector 40 8,097$ 10,121$ $2,192.90* 7/1/2024 Building Official 40 10,640$ 13,300$ $2,192.90* 7/1/2024 Building Permit Clerk 35 5,277$ 6,597$ $2,192.90* 7/1/2024 Building Permit Technician 35 6,090$ 7,612$ $2,192.90* 7/1/2024 Public Works Department Associate Engineer 40 8,804$ 11,005$ $2,192.90* 7/1/2024 Engineering Technician/Inspector 40 6,892$ 8,615$ $2,192.90* 7/1/2024 Assistant Superintendent of Public Works 40 8,665$ 10,831$ $2,192.90* 7/1/2024 PW Division Manager - Operations 40 11,781$ 14,727$ $2,192.90* 7/1/2024 Superintendent of Public Works 40 10,195$ 12,743$ $2,192.90* 7/1/2024 Police Department Administrative & EOC Coordinator 40 7,182$ 8,977$ $2,192.90* 7/1/2024 Police Captain 40 12,902$ 16,128$ $2,192.90* 7/1/2024 Police Secretary 40 5,768$ 7,210$ $2,192.90* 7/1/2024 Police Records and Services Coordinator 40 6,192$ 7,526$ $2,192.90* 7/1/2018 SEIU 1021 REPRESENTED EMPLOYEES Maintenance Worker 40 5,486$ 5,760$ 6,049$ 6,351$ 6,668$ $2,192.90* 7/1/2024 Senior Maintenance Worker 40 6,302$ 6,617$ 6,947$ 7,295$ 7,660$ $2,192.90* 7/1/2024 TIBURON POLICE ASSOCIATION EMPLOYEES Police Sergeant 40 9,605$ 10,085$ 10,589$ 11,119$ 11,675$ ** 7/1/2024 Police Officer 40 8,019$ 8,419$ 8,840$ 9,282$ 9,747$ ** 7/1/2024 Police Service Aide 40 5,733$ 6,020$ 6,321$ 6,637$ 6,969$ ** 7/1/2024 BENEFITS SUMMARY:Unrepresented and SEIU: Monthly Cafeteria allowance of $2,192.90 includes Kaiser 2-Party Rate and Delta Dental Family Rate. Town pays additional health premiums for TOWN OF TIBURON EFFECTIVE 07/01/2024 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 Appointments to Belvedere-Tiburon Joint Disaster Advisory Council Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Council will consider making two appointments to the Belvedere-Tiburon Joint Disaster Advisory Council. RECOMMENDED ACTION(S) 1. Make two appointments to the Belvedere-Tiburon Joint Disaster Advisory Council; or 2. Continue the item and direct staff to continue to accept applications for the open seat. BACKGROUND The Belvedere-Tiburon Joint Disaster Advisory Council currently has two vacancies for Tiburon appointments. Both seats will expire on 2/28/2025 and they will be eligible for automatic reappointment at that time, having served for less than two years in their seats. The vacancies were advertised according to regular appointments procedure and staff received four timely applications for the two positions: Adam Brolan, Colin Crawford, John W. Hamilton, and Carole Fried. Their applications are attached as Exhibits 1-4, respectively. 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. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting August 7, 2024 Agenda Item: AI-1 Town Council Meeting August 7, 2024 TOWN OF TIBURON PAGE 2 OF 2 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 two appointments to the Belvedere-Tiburon Joint Disaster Advisory Council; or 2. Continue the item and direct staff to continue to accept applications for the open seat. Exhibit(s): 1. Adam Brolan Application Materials 2. Colin Crawford Application Materials 3. John W. Hamilton Application Materials 4. Carole Fried Application Materials Prepared By: Lea Dilena, Town Clerk EXHIBIT 1 Page 1 of 2 Form: ŽĂƌĚ͕ŽŵŵŝƐƐŝŽŶ͕ŽŵŵŝƚƚĞĞƉƉůŝĐĂƚŝŽŶ (rev. 03.2023) Town of Tiburon Department of Administrative Services 1505 Tiburon Boulevard Tiburon, California 94920 (415) 435-7373 www.townoftiburon.org BOARD, COMMISSION, OR COMMITTEE APPLICATION The Town considers appointments to its various boards, commissions, and committees throughout the year due to term expirations and unforeseen vacancies. In its effort to broaden participation by local residents in Tiburon’s local governmental process and activities, the dŽǁŶ needs to know your interest in serving the Town in some capacity. Instructions Please indicate your specific areas of interest and special skills or experience by completing this form and returning it to Town Hall with a resume. /ŶƚĞƌǀŝĞǁƐĂƌĞƐĐŚĞĚƵůĞĚŽŶĂŶĂƐͲŶĞĞĚĞĚďĂƐŝƐ ƉĞƌŝŽĚŝĐĂůůǇƚŚƌŽƵŐŚŽƵƚƚŚĞǇĞĂƌ͘zour application will remain at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Please return this form to: Town of Tiburon Tiburon Town Clerk 1505 Tiburon Boulevard Tiburon, CA 94920 Applicant Name & Information Full Name: Date: Address: Street Address Apartment/Unit # City State Zip Phone:Email: Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized as part of Town Council meeting materials. Adam Brolan 6/4/2024 Tiburon CA 94920 Page 2 of 2 Form: ŽĂƌĚ͕ŽŵŵŝƐƐŝŽŶ͕ŽŵŵŝƚƚĞĞƉƉůŝĐĂƚŝŽŶ (rev. 03.2023) Areas of Interest Please indicate your areas of interest in numerical order: Parks, Open Space & Trails Commission Bel-Tib Joint Recreation Board Disaster Advisory Council Commission on Aging Planning Commission Design Review Board Heritage & Arts Commission Bel-Tib Library Board ĨĨŽƌĚĂďůĞ,ŽƵƐŝŶŐ Building Code Appeals Board Why did you select your area(s) of interest? What are your applicable qualifications and experiences? X As a career firefighter of 30 years I have always had a strong interest in those areas that both strengthen and build resilience in a community. Preparing for emergencies is arguably the single most important step a community can take to prevent large life and property loss from occurring. I retired as Deputy Chief of Operations in charge of all 911 calls (other than law enforcement) for a city of sixty thousand. I was top Incident commander for all house fires, grass fires, hazard material events, medical calls, motor vehicle accidents, etc. We averaged approximately five thousand 911 calls per year. I was also in charge of all hiring, firing and long term strategic operational planning for the department. Prior to being a Fire Chief I was a Captain and Paramedic for many years. I firmly believe that educating and training the public to the extent people are personally comfortable with is of inherent value. Citizens who know CPR, first aid, who have prepared their homes to be self sufficient for several days, are a tremendous help to our first responders and to our community as a whole. EXHIBIT 2 Page 1 of 2 Form: Board, Commission, Committee Application (rev. 03.2023) Town of Tiburon Department of Administrative Services 1505 Tiburon Boulevard Tiburon, California 94920 (415) 435-7373 www.townoftiburon.org BOARD, COMMISSION, OR COMMITTEE APPLICATION The Town considers appointments to its various boards, commissions, and committees throughout the year due to term expirations and unforeseen vacancies. In its effort to broaden participation by local residents in Tiburon’s local governmental process and activities, the dŽǁŶ needs to know your interest in serving the Town in some capacity. Instructions Please indicate your specific areas of interest and special skills or experience by completing this form and returning it to Town Hall with a resume. /ŶƚĞƌǀŝĞǁƐĂƌĞƐĐŚĞĚƵůĞĚŽŶĂŶĂƐͲŶĞĞĚĞĚďĂƐŝƐ ƉĞƌŝŽĚŝĐĂůůǇƚŚƌŽƵŐŚŽƵƚƚŚĞǇĞĂƌ͘zour application will remain at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Please return this form to: Town of Tiburon Tiburon Town Clerk 1505 Tiburon Boulevard Tiburon, CA 94920 Applicant Name & Information Full Name: Date: Address: Street Address Apartment/Unit # City State Zip Phone: Email: Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized as part of Town Council meeting materials. Colin Crawford 05/23/2024 Tiburon CA 94920 Page 2 of 2 Form: Board, Commission, Committee Application (rev. 03.2023) Areas of Interest Please indicate your areas of interest in numerical order: Parks, Open Space & Trails Commission Bel-Tib Joint Recreation Board Disaster Advisory Council Commission on Aging Planning Commission Design Review Board Heritage & Arts Commission Bel-Tib Library Board ĨĨŽƌĚĂďůĞ,ŽƵƐŝŶŐ Building Code Appeals Board Why did you select your area(s) of interest? What are your applicable qualifications and experiences? X With our neighborhoods being highly vulnerable to natural disasters—such as storms, wildfires, and earthquakes—I firmly believe in the importance of residents being properly prepared to either evacuate or survive for up to a week. As a peninsula that could easily be cut off in a disaster, such preparation is vital. However, I recognize that most people don't prioritize disaster preparedness, hoping that these rare events will not occur. Given this general reluctance, I am a strong advocate for ongoing education, fostering neighborhood involvement, and collaborating with the Town of Tiburon, the City of Belvedere, and the Police and Fire Departments. By building a robust disaster preparedness program and communicating it effectively to our residents, we can ensure our community is ready for any eventuality. Over 14 years, I have served as the Financial Director, Secretary, and Communications Director of the Del Mar Neighborhood Association (DMNA), a POA encompassing 259 households. A major focus of the DMNA is disaster preparedness. We have developed several key programs, including a neighborhood block captain program, modeled partly on the Belvedere Block Captain Program. I have collaborated with Laurie Nilsen to promote the Ready Marin program within our neighborhood, organizing both online and in-person presentations with her for Del Mar residents. Additionally, we are evaluating the Fire Safe Marin program and encouraging neighbors to maintain defensible fire zones around their properties, reduce overgrown vegetation, and participate in Chipper Days. With over 30 years of experience in the media industry, I am adept in all aspects of communication, including social media. I also volunteer as a technology advisor for Marin Villages (https://www.marinvillages.org), a member/volunteer organization that helps seniors remain in their homes. CONTINUED ON NEXT PAGE Over the past 14 years, I have served as the Financial Director, Secretary, and Communications Director of the Del Mar Neighborhood Association (DMNA), a POA encompassing 259 households. One of our primary focuses at DMNA is disaster preparedness. We have implemented several key programs, including a neighborhood block captain initiative, modeled partly on the Belvedere Block Captain Program. I have collaborated with Laurie Nilsen to promote the Ready Marin program within our neighborhood, organizing both online and in-person presentations for Del Mar residents. Additionally, we are evaluating the Fire Safe Marin program, encouraging neighbors to maintain defensible fire zones around their properties, reduce overgrown vegetation, and participate in Chipper Days. With over 30 years of experience in the media industry, I am adept in all aspects of communication, including social media. I also volunteer as a technology advisor for Marin Villages, a member/volunteer organization that helps seniors remain in their homes. In this role, I ensure that seniors are aware of preparedness programs and have signed up for alerts. From:Bill Brinkman To:Lea Dilena Subject:Colin Crawford Recommendation Date:Sunday, May 26, 2024 2:16:00 PM You don't often get email from 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. Lea - Colin Crawford has submitted his application for the Disaster Advisor Council. Ienthusiastically endorse his selection for that Council. I have known Colin for more than 10 years while serving together on the Del Mar Neighborhood Association (DMNA) board - Colin as Treasurer (and more recently alsoSecretary ad Communications Director) and me as President. For much of that 10 years, one of the board's five major focus areas was Emergency Preparedness. That focus includedstriving very hard to establish Block Captains for as much of the neighborhood as possible and continuously educating the neighborhood about the importance of being prepared for adisaster. Colin has amassed considerable resource material on Emergency Preparedness and maintains it on DMNA's Google Drive to make it easily accessible for the entire neighborhood. And hehas worked closely with Laurie Nilsen to promote the Get Ready Marin program in Del Mar with in-person and on-line presentations. In summary, Colin is a very knowledgable, tech-savvy, dedicated, and experienced advocatefor safety in our community. The Town of Tiburon would be fortunate to have Colin serve on the Disaster Advisory Council and I strongly support his selection. Bill Brinkman Tiburon, CA 94920 cell From:Bill Tiedje To:Lea Dilena Subject:Disaster Advisory Board Date:Monday, June 3, 2024 1:13:16 PM [You don't often get email from . Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Lea, Colin Crawford has applied for the open position on the Disaster Advisory Board and I would like to highly recommend for this position. He has been very active in the Delmar Neighborhood Association and I feel that he would be a welcome addition to the Advisory Board. Bill Tiedje From:Sharmeen Ahmed 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 Colin Crawford Date:Wednesday, May 29, 2024 4:03:24 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. Sharmeen Ahmed & Adam Khan Tiburon, CA 94920 May 29, 2024 Dear Mayor Alice Fredericks, Vice-Mayor Thier, Councilmembers Nikfar, Ryan, and Welner,and members of the Disaster Advisory Council, I am writing to express our full endorsement of Colin Crawford for the Disaster AdvisoryCouncil. Colin's dedication to disaster preparedness, combined with his extensive professionalexperience, uniquely positions him to contribute effectively to the Council’s objectives. Beyond his warm, kind, and thoughtful characteristics, Colin has over 14 years of leadershipwithin the Del Mar Neighborhood Association, serving in various capacities includingFinancial Director and Secretary, as well as Communications Director. His tenure has beenmarked by significant contributions to disaster preparedness initiatives. Notably, Colin hasbeen a driving force behind the implementation of several key programs such as theneighborhood block captain program, modeled partly on the Belvedere Block CaptainProgram. This initiative has greatly enhanced our community's readiness and responsecapabilities to natural disasters. Additionally, Colin's collaboration with local authorities and community organizations topromote the Ready Marin program and evaluate the Fire Safe Marin program illustrates hisproactive approach to community safety. He has organized both online and in-personpresentations, significantly increasing community engagement and awareness around disasterpreparedness. Beyond his roles within the association, Colin brings over 30 years of experience in the mediaindustry, making him exceptionally skilled in communication, crucial for effective disasterresponse coordination. His volunteer work as a technology advisor for Marin Villagesshowcases his commitment to community service, particularly in enhancing the safety andwell-being of our senior residents. Colin’s comprehensive approach to building and sustaining effective disaster preparednessprograms, coupled with his extensive experience in community organization andcommunication, make him an outstanding candidate for the Disaster Advisory Council. We are confident that his leadership and vision will greatly benefit the Council and ensure thatour community remains resilient and prepared for any eventualities, and his personal qualities such as his thoughtfulness, kindness, and warm demeanour, ensure he will be greatly effectivein his engagement with other residents and non-residents alike. Thank you for considering this endorsement. We believe Colin Crawford will be a valuable addition to the Disaster Advisory Council. Sincerely, Sharmeen Ahmed & Adam Khan Del Mar Neighborhood Association Board Member From:Cheryl Sorokin To:Lea Dilena Subject:Support for Colin Crawford Date:Sunday, May 26, 2024 7:50:43 PM You don't often get email from . 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. Hello, Lea. I am writing to enthusiastically endorse and support Colin Crawford as a potential member of the Disaster Advisory Council. I have been on the board of the Del Mar Neighborhood Association with Colin for many years and know his interest in disaster preparedness as well as his commitment to helping assure residents of Tiburon and Belvedere are aware of the importance of preparation and are given the educational tools to prepare themselves and their families for the various types of disasters that could befall us on the peninsula. He is creative as well as hard-working, reliable, and connected to residents throughout the area. He has great communication skills and is able to write and speak clearly to individuals of all ages. He understands social media and is a lead for the Tiburon Area of Next Door. I think the town would be well-served by having him as a member of the Disaster Advisory Council. Cherie Sorokin Resident Del Mar Neighborhood Board Member Del Mar Neighborhood Association President, Rotary Club of Tiburon Sunset President of Marin Villages and head of the Tiburon Peninsula Village, a division of Marin Villages. (cell) EXHIBIT 3 Page 1 of 2 Form: ŽĂƌĚ͕ŽŵŵŝƐƐŝŽŶ͕ŽŵŵŝƚƚĞĞƉƉůŝĐĂƚŝŽŶ (rev. 03.2023) Town of Tiburon Department of Administrative Services 1505 Tiburon Boulevard Tiburon, California 94920 (415) 435-7373 www.townoftiburon.org BOARD, COMMISSION, OR COMMITTEE APPLICATION The Town considers appointments to its various boards, commissions, and committees throughout the year due to term expirations and unforeseen vacancies. In its effort to broaden participation by local residents in Tiburon’s local governmental process and activities, the dŽǁŶ needs to know your interest in serving the Town in some capacity. Instructions Please indicate your specific areas of interest and special skills or experience by completing this form and returning it to Town Hall with a resume. /ŶƚĞƌǀŝĞǁƐĂƌĞƐĐŚĞĚƵůĞĚŽŶĂŶĂƐͲŶĞĞĚĞĚďĂƐŝƐ ƉĞƌŝŽĚŝĐĂůůǇƚŚƌŽƵŐŚŽƵƚƚŚĞǇĞĂƌ͘zour application will remain at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Please return this form to: Town of Tiburon Tiburon Town Clerk 1505 Tiburon Boulevard Tiburon, CA 94920 Applicant Name & Information Full Name: Date: Address: Street Address Apartment/Unit # City State Zip Phone:Email: Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized as part of Town Council meeting materials. John Hamilton 5/30/2024 Tiburon CA 94920 Page 2 of 2 Form: ŽĂƌĚ͕ŽŵŵŝƐƐŝŽŶ͕ŽŵŵŝƚƚĞĞƉƉůŝĐĂƚŝŽŶ (rev. 03.2023) Areas of Interest Please indicate your areas of interest in numerical order: Parks, Open Space & Trails Commission Bel-Tib Joint Recreation Board Disaster Advisory Council Commission on Aging Planning Commission Design Review Board Heritage & Arts Commission Bel-Tib Library Board ĨĨŽƌĚĂďůĞ,ŽƵƐŝŶŐ Building Code Appeals Board Why did you select your area(s) of interest? What are your applicable qualifications and experiences? 1 I am writing to express my strong interest in serving on the Belvedere-Tiburon Joint Disaster Advisory Council. As a resident of Tiburon with my wife and two children, I am deeply committed to ensuring our community remains prepared for any disaster. My desire to serve on the Council stems from a genuine passion for public service and a strong belief in preparedness. Our town's unique geography and the increased prevalence of extreme weather caused by climate change elevates the risk of potential disasters and increases the importance of community engagement and preparedness. In 2022, this commitment to public service and emergency preparedness motivated me to run for a position on the Tiburon Fire Protection District Board. While unsuccessful, the campaign garnered significant community support including endorsements from Marin Professional Firefighters and other community leaders and organizations, reflecting the trust placed in my leadership and judgment. I believe my qualifications, experience, and commitment to our community would make me a valuable asset to the Joint Disaster Advisory Council. I am eager to contribute my skills and collaborate with the council to ensure Tiburon remains prepared for any potential disaster. My background offers a unique blend of skills and experiences that would make me a valuable asset to the Disaster Advisory Council. - Military Service and Emergency Preparedness: I served as an Air Force intelligence officer for 8 years and am trained in emergency preparedness, force protection, and risk assessment. I am familiar with developing contingency plans, analyzing various potential threats, and implementing effective response strategies. - Legal Expertise and Board Collaboration: As Head of Legal and Corporate Secretary at Metrus Energy, a San Francisco-based climate investing firm, I leverage my legal expertise to navigate complex issues and collaborate effectively with the company’s Board of Directors. As a member of the Council, I can ensure adherence to legal requirements and foster productive and collaborative problem-solving discussions. - Community Engagement and Public Service: In my 2022 candidacy for the Tiburon Fire Protection District Board, I engaged deeply with community members and gained valuable insights into their concerns. I have a strong understanding of the specific challenges facing our community, such as early warning and evacuation preparedness. JOHN W. HAMILTON ; Tiburon, CA 94920 ·(· Metrus Energy Vice President, Head of Legal, Corporate Secretary 2023 – present Leads legal function at PE-backed clean energy finance and asset management firm with $200M AUM. ●Guided the company through two equity fundraising events and a board restructuring; advised key stakeholders (Founder and C-Suite) and ensured accurate documentation and cap table treatment. ●Advised company during evaluations of M&A opportunities and strategic tech & market investments. ●Reinvigorated compliance program: identified gaps and established processes to reduce future errors. SunPower Corporate Counsel, Structured Finance 2022 – 2023 Lead structured finance and asset management attorney; supervised junior counsel and paralegal. ●Led legal for complex project finance funds that secured $1B in new funding for consumer solar loans. ●Managed legal team for sophisticated tax equity and debt deals worth $750M in committed capital. ●Brought multiple recurring projects in-house to reduce legal costs, saving $1.5M annually in expenses. Winston & Strawn LLP Associate Attorney (Commercial - Energy Transactions and Project Finance)2019 – 2022 Led cutting-edge transactions to deploy utility-scale solar, wind, and storage projects across the U.S. Selected twice (2021-2022) to “SuperLawyers Rising Stars” list, top 2% of attorneys in Northern California Renewable Energy Project Development: ●Negotiated more than a dozen power purchase agreements on behalf of a renewable energy project developer for the largest wind energy project in the U.S. (3,000+ MW total generating capacity). ●Advised multiple project developers in successful negotiations with regulated utilities, electric cooperatives, and commercial offtakers to deploy solar and battery storage projects across the U.S. Renewable Energy Project Finance and M&A: ●Led team of legal specialists representing the acquirer of five utility-scale energy storage projects. ●Advised client in successful acquisition of massive multi-state portfolio of rooftop solar projects. ●Represented lenders in numerous transactions financing solar, wind and energy storage projects, including tax equity, construction and term loans, for a diverse range of energy and storage projects. Tesla Leadership Development Program (Senior Management Rotation Program)2018 – 2019 ●Head of ops for $1.6B pre-owned car business; focused global team to reduce capital costs by $25M. ●Launched new high-performing teams in Tesla’s fastest growing global markets (California & Norway). U.S. Air Force Captain, Intelligence Officer, USAF Weapons School (Top Gun) graduate 2006 – 2014 Led teams of up-to 75 analysts performing worldwide intelligence operations. ●Afghanistan veteran with 1,100 flight hours. Recognized by commanders as top 1% of peer officers. ●Led intelligence support to 1,500 “drone” combat and reconnaissance missions in Afghanistan, Iraq. ●Authored time-sensitive intelligence reports briefed to the U.S. President and Secretary of State. Education Stanford Law School;Juris Doctor, pro bono distinction 2017 2017 Burton Award for Distinguished Legal Writing (top legal writing in the nation). Two John Hart Ely Prizes for Outstanding Academic Performance in Contract Design and Environmental Justice. Stanford Graduate School of Business;Master of Business Administration 2017 Stanford University;Bachelor of Arts with Honors, Public Policy 2006 Additional activities Mentor at Third Derivative (cleantech startup accelerator); member of SLS Veterans Fellowship committee EXHIBIT 4