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Home My WebLink AboutTC Agenda Pkt 2020-06-17 /--� TO�� O 1 �I�I li 1J R(.);�' ,. Tiburon Town Council i � �� \ Tiburon �l�o��n 1-iall �•, ----'�`�'��• June 17,2020 � -� ]505 Tibtlr<�n 13<�ulc��ard ' � �� Special Meeting � �� Tibul-on, C�1 9�920 4:30 m. �� p. TIBURON TOWN COUNCIL A�ENDA CORONAVIRUS (COVID-19) ADVISORY NOTICE On VI1y 18,2020,the Mari�1 Cow�t}�1'ublic Health Olficcr,issued a lcbaJ order directing residents�o shelter at home until further noticc.l�l1e order limits acti��it��,rra��c] and business functions to only the most essential needs.Additional information is a��ailablc at h�t��:,�r'corona��irtiis.marinhl�s.or�/ Consistene�>>ith Ezecutive Orders Na. N ?�-20 and No. ;�-�9-�0 fi-om rhe Executive Department of tlie State of Califori�ia,the To��n Cow�cil meecin�;��ll not be ph}'sicall��opcn to the public and all Cotuicil Members��i11 be teleconfercncin�into the mectin�. To matiimize public safety«�hile still maintaining nansparenc��and public access,memLers of thc public can access the meetillb b}�follo��illg the meeting live at: Audio/�'ideo�Vebinar:https:i%�oom.us'j 91?6754431 i Webinar�ID: 9L 65g4 4377 � Call-in Nuinber:1 (669)90�-6833 Access Code: 912 6584 4317 � Instructions for pro��idin;public comment li�°c d�n-in;the mcetin�usin�r Zoom are linked on the To��n's �-nebsite and to this agcnda. Me�nbers of tl�e public ma��ro��de p�iblic com�n�nc b��scncling cu�mncnts�o tlze To��n Cleriz b��email at commcntsC�to��noftiburon.or<�. Co�liments rccci��ed��rior to the start ol the Colmcil�neering��ill be distributed electr-onicall��to the To��n Cowicil ,incl posted on th�To��n's�vcbsite Conunellts recei��cd afcer the start ti»�e of the Cowicil mccring,but prior to the closc of publ�c comment pei�iod for an item, ��ill tl�e»be read into the record,��itl� a maxim�m� allo��a»ce of 3 minute�p�r indi��idual comment, subject to d�e\�la��or's discrct�on. ��Il comments read�nto the record should be a ina�imuin of�00 �a�ords,��hich corresponds to approximacely 3 minu�es of s��cal<ing time.]f a com�l�el�t is recei��ed �ifter the a;enda item is heard but before the cluse of the meetinb,thc comment��i]] still be included as a part of th�record of the mect�n;but��°il] �;ot bc read into the record. An}�ii�ember of the public��ho needs accommodations shou�d e�l�ail or call the To��n Clerlc�vho�l�ill use tl�eir best efforts to pro��ide reasonal�l�accomuiodat�ons co prrn�ide as much accessibilit}�as possible �>>hile also mainta�ning public s�lfec��in accord�lnce��id� rhe To��»'s proccdure for resolvinb reasonable acco�nmod�ttion reqL�csts. �]1 rcaso»al�lc accommodations o11�cr�d��ill be 1�sted on tlie Town's��ebsitc at��.to�a°noftiburon.or«, C�LI_TO ORD}=R AI�TD ROLL CALL. � Counciln�embcr I<ulil<,Cotimcihnc»�bcr R��an,Councilmember Welner,Vice;��la��or Thier, A�fa�-or Fi-ecic�-icl.s CLOSI:D SLSSION CONF�RLNCE VVI"CH L�EG��L COUl\'SEL--�1NTICIPA"1 El�LI7IGATION Initiation of liti�ation��tn�tuant to para;raph (4)of subdi��ision (d)of Section 54956.9: (1 potcndal c�isc) ADIOURNiv1ENT — to re�Ularmeeting �� GLN�ERAL PUBL�IC INFORMf1TION �1SSISTANCE FOR PEOPLE WITH llISABILITIES In colnpliancc w�itl� thc Americalls ��ith Disabilities Act, if }�ou necd spccial zssista»cc to participarc in t11is meeting,please conCact the To�vn Cleriz at (41S) 43�- 73i7. i�'orification 48 hota-s prio�- to the meeting will enable the Town to malzc rcasonab�le arranbemcnts to e��s�urc accessibilir_y to this meeting. AVAILABII.ITY OF INFORMATION Co��ics ot all a�enda �-eports ai�d supportin� data a�-e available for �vie�>>in� ancl inspection at To��en Hall and at the I�elvedere-Tiburon Libr�iry located adjaccnt to To��n NalL ,�\�endas and minutes are posted on r_l�e To��n's ti��cbsitc, �a��v.to�a�noftiburon.or�. U}?on rcquest, thc ��ow�n will ��rovide written agenda nlaterials in app�i-opriate alt�rnati��e formats, or disabilit��-related modificatioll or accomrnodatioll, incltidin� a�u.�ilia�-�� aids or services, to euable inctividuals �virh disabilities to participatc in public meetin;s. Please send a written rcquest, incl�udinb your name, mailinn adch-css,phonc numbe�-and brief dcsc7-iption of the rec�uestecl materials and ��referred alt�rnati��e format or a�u�iliary a�d or ser��ice at least 5 days before the mectin�. Rcc�ucsts should bc sc�it to nc� Officc of the Town Clerk at thc aboee address. PUBLIC �IEARINGS Pul�lic �-leal-in;s pro��idc the �ener�ll public and interested parrics an opportunit}' tc� pru�ide tcstimony on thesc items. lf }'ou challenge an}� proposed action(s) in co�n-t, ��ou ma�� be limited to raisinb onl�• those issues }�ou o�- sonleone else raised at thc Public Hca�-in�(s) described l�ltei- in this a,enda, or in w�rittcn correspondcnce deli��cred to tlle To��n Co�mcil ar,or prior to, tlze Public Flearin;(s). TIM]NG OF IT�MS ON AGENDA \,\%hilc the To��n Council attcmpts to hear all items in order as starcd on thc a�cnda, It I-l'SCl'\'�S Cl�� 1"l��ht CO t�ll<C lt�lll� OUt Of O7'C�CI'. 1��0 SEt t1111CS <ll"f'_ �lSS1�ilCC� t0 1tCil1S ap��earing on the To��n Council a�,cnda. �� TOWN Ol TIBURON Tiburon"1-own Council '�� .. � � ,.---��.� Tiburon Town Hall June 17,2020 �� 1505 Tiburon l3olllev<�rd ��ii f� - Re�ular MeeCin� ��`' �. � Tiburon, C�l 94920 b 5:00 nl .��, p. �� TIBURON TOWN COUNCIL AGENDA CORONAVIRUS (COVID-19) ADVISORY NOTICE ��i��1�}�18,2020,the Nlarin Count}�Public Healtll Officer issucd a le�a� order directin�residents to �hclter at home until further notice The order limits acti��it}',tra��cl �u�d btisiness functions to onl��tlle most essential needs.Additional information is a��ailable at htt��:'icc�rc�na��irus.marinhhs.or�/ Consistent�vith Fzecuti��e Orclers No. N-25-?0�Zi1d No. N-29��01rom �he E�eai�i��e llcpazrt�nent of the �tate of Cal�ifornia,the To��n Cot�ncil uleeting��ill not be physicall}'��p�n to th�ptib]�c ai�d�lll Cotuicil '�'lembers�vill be teleconfereneing into the meetin�. To m�llimi�e public saEety�vhilc still maintaining rransparenc}��i��i ptlUlic access,members of the public can access the meeting b5�follo��ng the mcetin� li��e at: �udio/��ideo Webinar:htt��s://zoom.us/i/9126�844317 \Vebin�u�ID: 912 6584 4317 Call-in Ntunber: 1(669) 900-6833 �ccess Code: 912 658�}4317 instructions for pro��iding public comment li��e durin;thc mectin�;using Zoom are linlzcd on che Tow�n's ��-ebsire and to this abenda. �1e�nbers oI che public ma}�pi��'�de public comment b��scndin�;commcnts to the To�vn Cleriz b��email at <<�mments��trn�,�noftil�uron.or�. Comments recei��ed prior to th�start of che Cotu�cil mcering��ill bc �listributed electronic�ll��to the To��n Coti�ncil au�d posted on thc l��o��n's��cbsitc. Comn��cnts r�cei�°ed .�l�ter che start t�me of the Cc�tulcil meetinb,but prior to d�e clu.�c of��ublic comment period Eor an item, ��i�l tlien be read into d1e record,��id1 a nlatiimtun a]lo��anc�01 3 minutes per indi��idu,il comment, �ubject to the�vlayor's discretion. All convnents read into cile rccord should be a ma�imum of�0�� °ords,��hich corresponds to approzimately 3 minutcs of s��cal:irn�time. lf a comment is�-ecei��ed after the a;enda iten�is l�eard but belore the close of the mcctin�.thc cumment�>>ill stil]be inclt�ded as a��art nf rhe record of the�neetinb but��ill not be mad into thc:recorcl. �ny inember of the public�vho needs accommodat,ions should rmail 01-call the To�vn Cleriz��l�o��ill use the�r best efforts to pro��ide reasonable accommodations to pro��dc as mti�ch acc�ssib�lic��as possiblc ��hile also maintainin�public s�llet}�in accordance��ith d�e To��n's proccdure for resol��inb reasonable iccommodarion requests. ��11]reasonable accommodations offercd ��ill bc listed on the Town's��ebsite tL��'��'��'.to��'nofuburOn.oTa, CALL."CO ORDER AND ROLL CnLL � Council�nember Kulil<.Councilmembcr IZ}�an,Cotmcilmember�Uehler,A'ice M�S�or Thier, Vlayor Fredcricks � ANNOUNCEMENT OF nCTIOi��TAKI=IV IN CLOSED SLSSION IF ANY � ORAL COMMUNICATIONS Persons w�ishing to adch-css thc -I-o��n Cotincil un st�bjects not on che aaenda nlay do so at this tim�. Please note l�o�ve��er, that thc To��n CoLu�cil is not able to undertalce eztended d,iseussion or action o�z i�ems not on tl�e agenda. A�I�ittcrs requi�-inn action��ill be refer�-ed to the appropriate Commission, I>oard, Committee o�� stafE for considcration or ��lacccl on a future To�vn Council mecting ageuda. Please li�nit }�our coinments to three (3)min uccs. CONSENT CALENIllnR nll items on the Consenc Calenciar��ia�� be appro��ccl by one motion oE the To�vn Cot�ncil unless a request is made by a membcr of thc To�vn C��mcil.��ubJic or scat�f to remo��e an item for separate discussion �ind consideration. If you �vish tu spcalz on a Consent Calcnd�u-itcn�, plcase seek recobnition by die Mayoi- and do so at this time. CG1. To�vn Council November Election Resolution — Adopt resolutions a) calling an elcction on No��ember 3, ?020; b) requesting consolidati��n of election sereices «�ith the Counry of �%l�irin; and c) pro��idinb tl�ar the cost oE printin� the candidate's statement shall be borne by thc candidate(Department ot Achi�inistrati��c Scr��ices) CC-2. Town Manager Lmj�loynicnt Elgreement — Appro��c amendillent to To�vn ivlanaber employment<i�reemenr (Officc of thc To�vn r�ttorney) CC-3. Revised MMWD I:asement flgreeinent — Appro��e tu�d authori�e eYecti�tion of amended �asement A�,reen�ent ��ith Nlarin �vlunicipal Water Di�ri-ict in prcparation for convcyance of lancl to the l3elredcre-Tiburon I_ibrar}�Abenc}� (C)FFice of dle To�1�n Nlanager) CG4. Cypress IIollow I.andscape and Lighting District (LLD) — Adopt resolutions orderinb and approving thc Annual l-nnineer's Rcl�urt, dec(arin;intcnt to le��y and collect assessments within � the CS�press Nol1o�>> ,Ll_D, and setting time and place for Publie Hearing (Departmenr of Publ�c Works) CC-5. Mill Valley Refuse Service Rate Increase Application Delay— Consider appro��al of requesr b�� Mill Vallc}' Refuse Scr��ice tu dcla�� their rate �ncrcase application for FY �020-21 into the Eirst c�uarter of F�'20?l�-7] ([��p�l�-tn�cnt ot Adl�iini�n-at��e Ser��ices) ACTION ITEMS AI-1. Slow Street Proposal —Consider a��pro��al of Slo�� Strcer Proposal,inclucling the adoption of an amenciecl resolution that��o�ild�i��e thc l�o�e» ;�1ana�er the autl�ority Co close Main SCrect for Che �neekends bet��een Jul��and Labor�Day 2020(Office of thc To�a�n Manager) AI-2. Tiscal Year 2020-21 Municipal 13udget — Cunsider appro��al of recomme��ded re��isions to the prelimin�lr}' FY 2020-27 i��ltmicip�il Pudgct (C)lfice ol the �I u��n \,lanaber/Dep�rnnent of Administrari��e Ser��ices) TOWN COUNCIL REPORTS "1 OWN MANAGER RLPORT �TM-1. Update on Town's Response to COVID-19 Lmergency WLLKLY DIGESTS • Tow�n Cowlcil Weekly Dibests—)w�e 5� 1?. ?(1�� ADJOURNMENT GENLRAL PUBI__IC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABI.I_I"rIES In compliance with the Ai»el-icalls �>>ith Disabilit�cs Act, if you nced special assistance to participate in this meetina,��lease contact nc�Tow�n Clerk at (�l�) 435- 7377. Notification 48 hours pr,iol- to the meerinb ��i11 enable the To��n Co malze reasonable arr�ngements to ensui-e accessibility to this�I�ecti�l;. AVAILABILITY OF INFORMATION Copies of all agenda reports and suppo�-tin7 clata are a��ailable Fo�- ��ie��ii�g and inspection at To�vn Hall and at tl�e I3el��edere-Tiburon Librar�� located adjacel�t to To�vn Hall. A�endas and minutes arc postcd on the To��n's �vebsite, ��w.townoftiburon.orQ. Upon reqL�est, the Town ��ill pro��ide ��ritte�� a;enda ��aterials in appropriate alteril�tiee formats, or disability�related n�odific�ltio�l or accommodation_ i�lcludii�g auziliary a.ids or ser��ices, to enable indi��iduals ��ith disabilities to parcicipate in public nleetings. Please se»d a �vritten requcst, includin� ��otu� name, m��iling adch-ess,phone ilumber and br.i�f clesc�-ipti�,n ��f thc rcquested marerials and preferred alterilariee fornlat or au�iliary aid or ser��ice at le�l�t 5 cla��s before tl�e �1�eetina. Rec�uests should be sent to the OElicc of tlir To��-n Clerl< at the abo��e address. PUBLIC HEf1RINGS Public Hearings pro��ide the nene�-al public and intcrestcd partics �u1 opportuniry to provide testimony on these items. ]f��oti challen�e an�� proposed acrion(s) i�1 court, yotil ma�� be limited to raising only those issues you or someone else r�lised at the Public Heari��g(s) described later in thi� agcnda, or in ��ritte�n correspo�Idence r�elivered to the To�a>» Cotmcil at,or p��ior ro, tl�c Public Hca��in�(s). TIMING OF ITEMS ON AGENDA Whilc tl�c To��n Council att�mpts to hcar all items in order as sr�zted on the a�enda, it reser��es tlle i-ight to tal;c itcros otit of order. No set tin7es are assi�ned to itcros � �Pl�earin�on tl�e To��n Council a,cnda. 'I�own Council Meetin�� 'OWN OF TIBUI20I\' June 17, 2020 � �� 1505 Tiburon Boulevard Abenda It�em: CC - 1 - � Tib�u�on. CA 94920 . __.,.,._,_ , . � , . To: Mayor and Members of the To�vn Council From: Department of Adn�inistrative Se�-vices Subject: Recommei�datioi� to Adopt IZesolutions Pertaini��g to the November 3, 2020 General Municipal Llection #�� Reviewecl By: C,p ,� /��'/J I'•��f_ ;��U 1// Gre<.?Chanis, To��°n ��1ana�er 13enjamin Stock,T'owi�AYtorne SUMMARY The Town Council will adopt the necessary Resolutions to call a general mtznicipal election to be helcl in the Town of Tiburon on Novei��ber 3,2020 to elect two town c.ouncilmembers. RECOMMENDED ACTION(S) l. Staff recommends the "Town Council adopt the following resolutions by adoption of tl�is iteiT� on the Consent Calendar: a) Calling a general municipal election on Nove�r�ber 3, 2020. b) Requesting consolidatio�� of electio�� seivices with the Cou��ty of Mar�in. c) Providing that the cost o{��i-inting the candidate statements be bor��e by the candidates. BACKGROUND In Novembel-, the terms of office of Councilmei��ber David 1{ulil< and Vice Mayor Holli Thier will expire. The Town must notiiy the Marin County Registrar of�Voters of the Town's intention to conduct a general m��nicipal election on November 3, 2020 I�or tl�e ptn�pose of electing t�wo ��embers to the �l�owi� Council by the adoption of various resolution�. The adoption of this itci�� also authoi�izes the "��own Cler-lc to publish the Notice of Electioi� in I��cal media, wl�ich serves to infiorm Tib�n�on voters of a local electioi� and the upcoming tiling periud to bccome a candidate. This year, the nomination periad to become a candidate begins on July 13, 2020 and ends at 5:30 p.m. oi� August 7, 2020. If one of the incumbents does not file by 5:30 p.m. on /lugust 7. the tilinb period will extend to Au��ust 12 for all cai�didatcs other tha�� inc�nnbe��ts. lt is the Towi�'s �-e��ular practice to request the candidate or candidate's representative picl< up (or "pull") ��omii�ation papers in E�crson ��ith the To�vn Clerl<. ln i•espoi�se ro t'he COVID-19 pande»�ic and associated social distancing recomi��ndatioi�s by the CDC and the Co�u�ty of� To��N or T��uiio� P�cc 1 or 2 Marin Department of Public He�ltih, the Town Clerl< is not req�iestin�r an in-person meeting �-vith � potential candidates this year. lnt�rested nominees may picl< up or rcquest nominatioi� torms be maileci to them. The Town Clerl< will witness the si«i�in�� o'f the nomination over video � eonference. To tile nomination fo��ms, c.an�lir_1�Tes may drop oif or m�iil co»�pleted �forms to �I�o�v�� Hall by the Au��iist 7 tiling deadline. Candidates will be advised that mailed nomination pa�ers � must be �•eceivecl by the tilinb deadline to be considei-ed tileci on time. f�i'f4LYSIS Toni��ht, thc Council is asl<ed to adopt th�•ee resolutions. 1. The tirst resolution (Exhibit 1) ofticially calls for a �eneral municipal election to be held � ii� the 7��o�vn of Tib�u�on o�� Novernber 3, 2020 to fill two seats on the To�vn Council. 2. The sec�nd resolution (Exhibit 2) requests the Board of Supervisors consolidat�e this election with any othe�- elections beinb conducted by the Co�mtv of Marin. T'his is the , normal E�ract'ice of all cities in Mari�� County. 3. The third and tinal resol��tion (Exhibit 3) requires that the cost of prii�tinb the candid�ite's statements in the upcomi��ag election be bot�i�e by the�cand�id�tcs:�"I�his is��and�has��been� the �� -�� Town's practice in previous elections. � FINANCIAL IMPACT � Election costs are calculated per registered voter. As of June 2020, Tiburon has 6.519 registered voters. The County of Marin Registrar of Voters estimates this electioi� w�ill cost the Town between $I.50 - $3.00 per registered voter($9,779 - $19,557). � ENVIRONM�:V`I'AL R�VIEW Statt� has preliminarily determii�ed tihat adoptio�� of this item is stat�norily exempt ti-om the req�iirements oi�the California Environmental Quality Act (CEQA) pursuant to Section 15378 of � the CC,Q�1 Guidelii�es in that it does not constitute a project �u�der CEQA. � RI:COMM�NDATION Staff i�ecommen�is that the Town Council adopt the tollowing resol�itions or� the Consent � Calendar: 1. Callinb 1 general mui�icipal election oi� Novei��ber 3, 2020. � 2. Requesting consolidation of election services with the County uf Marin. � 3. Providing that the cost of p��inii��b the candidaie statement�s shaii be bornc b}� the � c��ndiclaCes. Exhibit_(� I. Drali Resolution—Call General M�micip�l Election on Novemb�r 3,Z0�0 3. Draf�i Resolution—Reqliest Consolidation of Election Services with Countv of Marin 3. Drali Resolution— Printing Canditlate Statement Costs 4. Prepared E3y: Lea Stef�ni,Tow�i Clerl< "I'o�� or"I,��it�f:ov Y:�c►�: 2 or 2 EXHIBIT 1 llRAFT R�SOLUTION NO. XX-2020 A RESOLUTION OF TH� TOWN COUNCIL OF 'TH� TOWN OF TIBURON OI2D�RING AND CALLING A GTNLI2AL MUNICIPAI, ELECTION IN THE TOWN OF TIBURON ON NOVEMB�R 3,2020 FOR THT PUIZPOS� OI' �L�CTING TWO COUNCILMI;MBTRS BE IT IZESOLVED by the Tow�� Co�incil of the Town of Tib�n�on. that it is hereby ordered as foliows: Section l. Date of Election - Oftices to be Filled. A �e��eral municipal electio�� is hereby called and ordered to be held in the Towi� of Tiburon, State of California, on Tuesday, November 3, 2020, for the purpose of�electin; two � "I�own Co�incilinembers, the tei•ms of the incumbents of which are abo�it to expire; and Section 2. Procuring and Filin<�Nomination Pa�ers. Nomii�atioi� pa�ers may be �rocured ti-om the To�-�m Clerk anci sl��ll be tileci �vith the `I�own Clerl<no later than 5:30 p.m. on the eibhty-eibhth day before the election. or Aug�ist 7, ?020. Nomination papers may not be circ��lated prior to J��ly 13. 2020 ancl must be �led ��o later tha�� 5:30 P.M. on August 7, 2020. If any oi�e of the inc�unbents does not file for re-election to ��ffice by August 7, 2020 at 5:30 p.m., the tilinb period for such ottice is extended until 5:30 p.m. on August 12, 2020 for non-inc�ii��bent candidates only. Section 3. Time When Polls �1re I<ept Open. The polls shall be opened at 7:00 A.M. of the day of said election and shall be 1<ept open until 8:00 P.M. in the evening ofthe same day; when the po11s shall be closed, subject to the provisions of Section 10242 of the Clections Code. Section 4. Certification of Vote by Council. The Go�incil shall meet' aC its usu11 ��eetin<,� place on the tirst �vailable date followin<,� the canvass of the vote by the County Registrar of Voters to certifiy the election and install the newly elected officers. Section 5. Publishin�; Notice of Election. The Town Clerl< shall cause to be publisl�ed in a ne��spaper�f general circ��l�tion a i�otice of Election �vhich wil] include the date of election, ho�u-s the polls open and close and the ��1'fices to be �filled. Pa�c: 1 qf�2 7�oi�rn Coza�cil Resolution No. 1:1'-2020 DRAFT O6/17/?0?U PASS�;D AND ADOPTCD at a i�e�ular meetinb of the To��m Council oi�the "To��m o1� �l�iburon on June 17, 2020; by the f�ollowinb vote: AYES: COUNCILMEMBERS: NAYt�S: COUNCILMEMBERS: nBSFN�I�: COUNCILMCMBERS: AI,1CF FRFDFRICI<S. M/�YOR TOWN OF TIBURON n T"I�ES"T: l_1��1 S"i�E}=nNl. TOWN CLF,RI< Pu,�e 2 oJ�2 7'oi�i�n Co�a�cil Rcsohr�io�� _A�o. 1�k"-2020 DRAFT 06/17/ZOZO EXHI � I� 2 DRAFT RESOLUTION NO. xx-2020 � A R�SOLUTION OF THE TOWN COUNCIL OF'THE TOWN OF TIBURON PROPOSING THAT AN �LECTION B� N�LD IN ITS JURISDICTION, AND R�QU�STING 'THE BOARD OF SUPERVISORS TO CONSOLIDAT� W17'H ANY OTH�R EL�CTION CONDUCT�D ON SAID DAT�, AND RLQU�STING �LI:CTION S�RVIC�S BY TH� MARIN COUNTY �LECTION D�PARTMENT' WH�R�AS, it is thc deteri��ination ofthc Town Co�mcil ofthe To�vn o1�Tibtu�on to call a general ml�nicipal electioi� on Novei��ber 3, 2020 at�vhich election the issue to be presented to the voters shall be: '[�o elect members to the Town Council Number of Rebular Term (4 years) Posit�ions = 2 NOW, THER�FORE, BE IT R�SOLVED, that the Board of Supervisors of the Co�u�ty oi�Marin is hereby i•equested to: 1) Consolidate said elections with any other applicable e(ection coi�ducted on the same day; 2) Authoi-ize and direct the Electioi�s Department at District expei�se, to provide all ��ecessary election services and to canvass the results of said election. BF; IT FURTH�R R�SOLV�D,that the Town Cle��l<is I�ereby ordered ai�d di��ected to i�ile a copy of this resolution with the Board of Supervisors of the Co�mtv of Marin. PASSFD AND ADOPTED at a regu(ar meeti��b ofthe Town Councii ofthe Town of Tiburon on J�ine 17, 2020, by tl�e following vote: AYES: COUNCILM�MBCRS: NAYES: COUNCILMEMBFRS: nBSEN7�: COUNCILMEMBERS: ALICE FREDLRICKS. MAYOR TOWN OF TIBURON ATTEST: LEA STEFANI, TOWN CLERI< Toi,�» ("oin�cil Resnlrrlio��No. xx-2020 DRAF7� 0(/1?/2020 Pug�� 1 qf�1 EXHl � lT 3 DRAFT R�SOI.,UTION NO. xx-2020 A R�SOLUTION OF THE TOWN COUNCIL OF THF., TOWN OF TIBURON PROVIDING THAT TH� COST OF I'12INTING AND HANDLING TH� CANDIDATE'S STATEM�NT SHALL I3I� 130}ZNT BY TH� CANDIDAT� AND PAID FOR AT THE TIME NOMINATION PAPERS ARE FILED WHEREAS, Section 13307 of thc California Election Code provides that candidat�es fo�- i�o��partisa�� elective office in any local agency, includin� any city, counry. o�- district. may preparc a candidate's statement of qualiticatio��s, which statemei�t may include the name, abe and occupation of the candidate a��d a brief description of no i��ore than 200 words of the candidate's ed��cation ai�d qualifications; ai�d WHEREAS, the a»�ount for printin; 200 words has bee�� estimated by the County oi� Mari�� to be $195.00 foi•each typed candidate`s staten�ent of qualifications in the November 3, 2020 election; ai�d $490.00 for the English and Spanish candidate's staten�e��t. NOW, THEREF'ORC, BE IT RESOLVED. that in tl�e event a candidate wishes to avail himself/l�erself of the right to prepare a candidate�s statement of qualifications, that the cost of printinb will be borne by the candidate and not by the Towi� of Tiburon; BE IT FURTHER RESOLVED that the estimated cost of$195.00 (or$490.00) for printing candidate's statements of qualifications shall be paid for in advance by the candidate at the time Nomination I'apers are filed with the "�I'own Clerl<. PASSED AND ADOPT�D at a regular meetin� of the "Town Council ofthe Town of Tiburon on June 17, 2020, by the followi��b vote: AYES: COUNCILMEMBERS: NAYCS: COUNCILMEMBERS: ABSENT: COUNCILMCMBERS: ALICF FRCDLRICI{S. ��nYOR "I�OWN O{=' TIBURON ATTEST: LEA STEFANI, TOWN CLERI< Puge 1 qf7 Toiri� Cou»cil Resolz�tio��No. zx-2020 DRfll�T O6i17i�020 Town Cou��ci) Meetin�� TOWN OF TIBURON .1une 17. 2020 � �� 1505 Tiburon Boulevard A«enda Item: CC - 2 � � Tib�u-on. CA 94920 . -�.. ' ' 0 ' To: Mavoe and Members of the Town Co�u�cil F�-om: Otticc of the Town Attorney Subject: Recoi��mendation to Approve Fourth Amendment to the Towi� Mai�ager's Employment Agreement Revie�vecl �3y: ��' N/A ��f�� L',s- Gre��Chanis,Town Manager � Benjami�� Stock,Town Attorney SUM MARY The Council ��ill consider approval of an ame��dment to the Town Manager's Emp(oyment Agreement. RECOMIVIENllEll ACTION(S) 1. Consider apl�roval of tl�e draft Resolution Approving the Fourth Amenciment to the"I'ow.n Manager's Tmpioyment Agreement. 2. Authorize the Mayor to eaecute the Fou►•th Amendment to the Town Managei's �m lo �ment aareeroent on behalf of the Town. HacxcuovNr� The Town retained Gregory Chai�is as the Town Manager p��rsuant to an Employmei�t A��reement dated Dccember 22, 2016. Section 5 of the Abreement provides for annual performai�ce revie�a�s. On January 15. 2020, the Coui�cil established an ad hoc s�ibcommittee of Mayor Freclericl:s and Cow�cilmember 1{ulil< to the Tow�� Manaber Perfori��ance Eval�iation ad hoc subcommittee. �The Council complcted its ai��ual per'tormance review o�� J�u�e 3, 2020 and was very satis(ieci �-�-ith the Mai�a<�er's performance. The ad hoc subcomi��ittee l�as recommended the follo��in�� adjustments to the �l,o�vn Mana��er°s agi�eement based on the Council's evaluation that are attached hereto as a di-a1-t Third Amendment to tlie Ei��ployme��t Agreement (Exhibit 1). "l�l�e Town�s compensation policy provides that Town salaries sl�all be competitive �-vith comparable positions in the marl<et. �ccordin�ly, the ad hoc s�ibcommittee recommends a 3.0% cost o�Cliving increase in the Towi� Mai�ager's base salary. In addition, the ad hoc subco�n��iittee recommends awardinb tl�e Z��owi� Ma��a��er a one-tiil�e retention incentive in the amoiuit of$2990 and a one-time l�nnp-sum employer contributioi� of� �5,000 payable to a "I��own-spoi�sored tax-deferred retirement plan. ANALYSIS To�a�n� or Tiauao�� P.acc 1 or 2 � No fuether ai�llysis provided. FiNANCIAL, I1_V!I'A('1' The t7nancial impact of the proposed ame��dment ��ould be approximatel�� $8,200.00 in the current tisca) yea�•, but stai�f believes there ai�e sufticiei�t allocated funds in the current tiscal year bud�et to cover this cost, and therefore, is noC requestin�7 a buciget amendment. � �NVI12�N1VI�N7['AL R��I�V4� StafiPhas preliminarily determined that adoption of this item is statutorily exempt fi-om the requirements of the California Environmental Quality Act (CEQA) pursuant to Sectioi� ]5378 o�f the CEQA Guidelines in that �it does not constit�ite a project under CEQA. R�COMMENDATION Staff recom��iends that the Town Col�ncil approve the dral�t Resolution (�xhibit 2) flpprovinb the � Fourth Ame��dment to the Town Manaber's Employment Agreement and a�ithorize the Mayor to execute it oia behalf�of the T�wn. r:.t,�b�c�s>: 1. Draft Fourth Ameudment to"(�o��vn ��ana��er's Employment A��reement � 2. Draft Resolutioi�Approvin� Fourth Amendment to�I�own Nlana�er Employment Agreement Prepared By: Benjami�� Stocl<,Town Attori�ey To�� or T�i«t�►zo�� Y:�Gr 2 or 2 EXH I BIT 1 � TOUR1'H AMTNDMEN"T TO TOWN MANAGL;R'S I:MPLOYMENT AGI2�I+�MENT This FOURT}-I AM�NI)M�NT TO TH� TOWN MANAGER'S � EMPLOYM�1\'T AGRI;EMENT (`ni��endment") is effective as ofJune 17, 2020, by � and betweei� The 7'own oF"(�ib�u�on (''T�own�') and Gre��o�y Chanis ("F_,i��ployee"). R�CITALS � A. The Town employs Fmployee �s its To��vn Manaber, pl�rsuant to an Employment A�reem�nt efFective December 22; 2016 (_"Manager's Abreement"). � I3. The T'own entered into a F�irst Amendment to the "Tow�� Managet•'s �mployment Agreement on F�ebrua�y I, 2017 ('t�irst� Amei�dment"). C. The "�I�owi� entered into a Second Amei�dment to the Town Manager's � Cmployment Abreement on March ?1. 2018. D. 1 he "l�own entered into a �I,hird nmendment ro t'he Town Manag�r's Employment Agreement on J�u�e 5. 2019. � E. The "i'own Council has conducted its annual perfori��ance evaluation of Employee as set forth in the Manager's Agreement and is well satisfiied with Employee's performance. The Council finds that the Employee has demonstrated management ancl leadeeship sl<ills that compare �favorably to persons holdit�g similar positions in similar abencies. ; F. The Town's policy is to offer compensation pacl<abes that are competitive with similar employers �for sii��ilar positions so as to mai��tain the hibhest quality staffto serve the p��blic. Attei-completing the Mai�aber's annual review, the Co��nci( has decided to modify the Manabe�-`s Agreement and compensation as set forth in this Amendment � and Employee has a��reed to such moclific��tion. NOW, THEREFORI:, IN CONSIDEI2ATI0'� OF TH� A130V� RTCITALS AND OF THE MUTUAL PROMISES ANll CONllITIONS OF TI�IIS AM�NDM�NT, IT IS AGRTCD AS FOLLOWS: l. I3ase S�l�ry. Section 4.1 ol�the R�lana�,�er�s �1�reement shall be amended 1s follows: Employee's currEnt base sala�y of`.6216_?88 shall be incre�sed by 3.0% to Two Hundeed Twenty Two Tho�isand S�ven Hundred Seventy Six Dollars ($222,776) per year. 2. ManaQei•'s A�reement Other�vise Unchanacd. Except as expressly modified by this Amendment, the Manaber`s Abreement bct�-veen the To��n ai�ci Em�loyee sl�all remaii� i�� fiill force and effect. IN WITNESS WH�R�OF. this Fo�ird� Amendment to the I��lana<�er�s A��reement shall be el�fective as o�f the day and year written above. Dated: THI; TOWN OF TIBUIZON: �y: Alice Fredericics Mayo�•, Town of Tiburo�� ANPROVED AS TO I'ORM Benja��in Stocl< Town Atto►-ney, Towi� of Tiburon �MPLOY�r Gre�oiy Chanis Town Ma»ager, Town of Tib��ron EXHlBI� 2 llRAFT RESOLUTION NO. r�-2020 A R�SOLUTION OF "THE TOWN COUNCIL OF TH� TOWN OF TIBURON PROVIDING A LUMP-SUM I2I;T�NTION INC�NTIV� TO TH� TOWN MANAG�R ANll APPROVING THE FOURTH AMENllMLNT TO TOWN MANAGER'S � EMPLOYMENT AG}2I,LMENT WHEREAS; on Decembei- 22, 2016_ the "l,ow�n Co�mcil approved a coi�tract for the employment of Greboiy C1lanis to the position of"]�owi� Mana��er ("Managei�'s Agree��ent"); ai�d WHEREAS, on Februaly 1, 2017, the To��vn Co�mcil e��tered into a First Amendme»t to the Towi� Manaber's Employ»�ent Agreemei�t (``Fii�st Amend��ient�'); and WHEREAS, o�� March 2l, 2018, the Town Council e��tered into a Second Ai��endment to the Town Mai�ager's Employme��t Agreeme��t ("Second Ame��dment"): and WHEREAS, o�� June 5, 2019, the To��i� Council entered into a Third Amei�dment to the Town Manager's E��pioymet�t Agreei��ent ("Third Amcndment'�); ai�d WIIEREAS, the Town Council conducted the To��n Manager's performance evaluation on June 3, 2020; and WHEREAS, the "I�own's policy is to ofifer compei�sat�ion pacl<a�es that are coi��petitive with similar employers fior similar positioi�s so �s to maintain the hi�hest qualit�y staffto serve the public. After coinpleting the Town Manager�s annual review, tl�e Council has decided to �nodify the Manager's Agreement and compensation as set forth ii� the Fow-th Amendment to Town Managei-'s Fi��ployment Agreeme��t attachcd hereto and incorporated herein. NOW, T]-3EREPORE, BE 1T RESOLVED by the Council o1�t�he 'T�own ofTibtiron as follows: Sectio�� 1. Payable on the first regular payr�ll follo�.vin<� adoption ofi this Resol�ition; the Town Manager shall receive a lump-sum retentioi� incentive of$2990 (subject to applicable payroll ta�es). Section 2. Payable follo��ing adoption ofthis Resolution. the "Iown Mana�er shall 1-eceive a one ti��e lump-s�lm ei��ployer coi�tributioi� ot�$�,000 to a "To�vi�-sponsored tax-deferred r-etirement plai�, , and hereby authoi-izes the Mavor to sigi� the attached Fourth Amendment to Town Ma��ager°s Cn�ploy�nent �\greei�ient. PASSED AND �\DOPTED at a regular meetin�� of the "l�o��n Council on Jui�e 17_ 2020, by the t0��0��111� VOte: AYES: NnYS: ABSENT: Page 1 of 2 Town Council Resolution No. XX- 2020 DR�1FT 06/17/2020 ALICE FREDERICKS, MnYOR TOWN OF T16URON �1T"(f�S'I�: 1_C.�1 S"I�I �nNl 1 OWN CLI:Rl< , Page 2 of 2 To��n Council Resolution Na kX- 2020 DRAFT 06/17/2020 Town Co�n�cil Meetii�g 7'OWN OF TIBURON .1une 17, 2020 � �� 1505 Tib�u-on Boulevard Agei�da Item: CC-3 � �r�h��-��,. cn ��?o . -�_.... . � , . To: Mayor��d Members of the To�-v�� Council From: Oi�I�ice oi�the Town Mana��er Subject: Consider Approval of Revised Easement Abreement wit1� Marin Mu»icipal Water District in preparatioi� for Conveyance of Land to the Belvedere Tiburon Library A��ency �- Reviewed 13y: ��,,� d��!�� ,z`✓,� � �t� Gre�>Chanis,�1'o��n iVlana�er Qenjamin Stocl<.Town Attorne SUMMARY Council is eonsidering approval ofa revised Easement Agreement with Marii� Municipal Water District(MMWD) to perfect an easement related to ai� existing MMWD waterline on the subject parcel, as well as on a parcel of land that will contin�ie to be owned by the Town. RECOMMEND�ll ACTION(S) Staff reeom�7�ends that the Town Council approve the Easement Abree�r�ent attached as ��hibit 2 and authorize the Towi� Managei-to execute the agree��ent on 1he Tow��'s behalF. BACKGROUNll At the June 3. 2020 rebular meeti��g, Council approved an Casemei�t Agreemei�t with Ma�-in Municipal Water District related to a parcel that ��ill be conveyed to the Belvedere Tiburon Libra�y A�ei�cy as part of the cur�-ent e�pansion pro,ject (C�hibit 1). Subsequei�t to Cow�cils approval, MMWD identiiied several �rrors in the Easement Abreement they had provided thc Town, and which was attached as an exhibit to the June 3 Staff Repo��1. The Easement Abreeme��t approved by Co��ncil on Jw�e 3 �-vas nevei-executed by either party. MMWD has now provided the To��n ��-ith � corrected Fasement Agreement which has been reviewed by the Town Attori�ey. Today, Council is co��sidering approval of this rcvised abrec�ment, which is attached as Exhibit 2. ANALYSIS No f�u-ther analysis is provided FINANCIAL IMPACT Staff anticipates no direct tiscal impact to the Town by approving staft`s recommended action. �NVIRONM�NTAL REVIEW To�a�� or T�auRo� Y,��c� 1 or 2 Staff has �reliminarily determined that adoption of this item is statutorily exempt from the requi��ements ofthe California Environmental Qualiry Act (CEQA) pursu�nt to Section 15378 of the CE��QA Guidclines in that it does i�ot coi�stitute a project undei� CEQA. RI,C�MM�NDATION St�ff recommends that the Town Coimcil approve the revised Easement ��reement attached as Cxhibit 2 and a��thorize the Town Mai�aber to execute the a�reen�ent on thc To�-vn's behalf. � E�hibit(s): I. Plat of land parcel to be conveyed to the Belvedere Tiburon Library A��ency _. Easement Agreen�e��t�etween the 1 own of�I�'iburon ai�cl the Nlarin Nlunicipal \�iater District Prepared By: Greg Chanis,Town Manager �I�0��1�\ OF TIB��ROV� P:1GF: 2 OI�2 EXHIBIT 1 7�G�I�IL3 � � NEW PROPERTY 80U�1DARY -----�- _.-.. .�. SUBJECT PRQP�RTY -- — - — ----- AUJOINING PRQPER71' —_..___ — C�idTERLIt�E �� y� � ` MAF�i W��JT JTR£ET �s j # f i S bfYA !8 4,'� 8`.��' /LI7n_ �' .�fl,�� g��, ,�--� �"p3'r3„� r r'� 2_3E� AC�?�S i ,�,Z`�/'' �,�,, ' �� =% �'✓ ,3,� � `�3 ��, �,5j' ��` �'�,� ,sg�` �� .� .� .m.�. �v��•3s'ac�"�t � '` '� �'�� . 3�, P.�.�. ,;1/'' �,� y � '� 1 ,�c�� %� � a �- d\ 3�,�`3`¢�' u'1 �� fl� �� `�� ` \ 4i �f0 v�, � �4 �\ .� � O i �'�."' ,,� �`� 5' �`*, i 4,�, f 's>;��"Ftt`>-�,, 4� LI�RAR�' P�tC�L Is.OQO 5�. 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BY: KF�FA�DATE: 06j�6/t77 PAGE 3 OF 3 EXHIBIT 2 Recor�in_ I�or llic Benclit u��IM��`l�.No l�ee.Gov�L Code 273h�.(10= E�cmpt �l��m��ocumcntar�'trans�cr tax: Rc��c��I�a� Cotic ti I 1922 Vnluc Ic�s than'�100.00 Rccor�lin��Rcyucstctl Bp: Slanlel�Ciroham Rcal Prop�rt��:�gcn; � ��%hen rccorJe�f return to: � Stanic��Grahnm Vl,irin VluniciF�al �\�a1�r Di,Uict 220 I�`cilcu;h�cnuc Curte Ma�lcrn Cil 9�192i-I 169 EASEMENT AGREEMENT APN(s) 058-171-62 �lnd 0�8-171-85 THIS TASEMCNT AGREEMENT ("Agreement"), is made �nd entered into 1s ofthis day of , 2020, by and between the TOWN OF 7'IBURON, a � California Munici�al Corporation ("Grantor"), and the 1l�dARIN 1l��7NICI�'A�, !�f!'!'�+,R DISTRICT. a munici}�al corporation ("District"). For v�tluaUle c�nsideration, ceceipt af which is hereby acknowled�ed, the �arties a�;��ee��s � follows: Section I. Recitals: A. Grantor is the owner o1�all that certain piece of real property described 1s �PN 0�8-171-62 and O�b-171-�5 Exhibit A, attached hereto ("Property"), which is incorporated herein bv reference. F�. District is the owner 1nd operator of a pipeline or pipelines ai�d ancillaiy facilities as described in Exhibit B. �ttached hereto and incorporated herein by Chis reference (.:Pipeline"). � C. Whereas the Grantor has a��reed to provide an easement over, under�nci through the � Property on the terms and conditions set forth in this Agreei�ent for the purpose oF memorializin<� and formalizing District's rights with respect Co the pipeline desceibed i�iorc fully in Section 1(I3). � D. ��t�he easement is �,�rante�i and shall be held for and subject to the terms and conditions � �lI'lIC�1�1teC� �l�l'�III. � Section ?. Grant of�Easements: A. As owners of the Prc�perty, Grantor hereby �rants t'o the District and its successors and assi�ns in interest. �l i�on-exclusive easement described ii� Exhibit C, attached hereto and incoeporated herein ��s if fiilly set forth (re'ferred to herein as "Easement Area" or ��L,1S�I11e11I' �. B. The Easement described in Section ?(A) shall be held subject to the following terms ai�d COtldl[10115: i. The Easement branted hcrein is non-exclusive. The District is ��ranted the ri�ht to lay, i7�aintain. rep�ir, remove, replace ai�d opel-ate � pipeline or pipelines of s��cl� din�ension or dimensions as the District elects to install, to��ether with Che right to construct and maintain such meters, valves �nd other facilities as may be necessary or convenient in connection with storage. transmission and delivery ofi�ater, incl��ding reasonable ingress �nd e<�ress ovei� paved adjoinin�� l�nds for the construction, repair ai�d maintenance of�such Pi�eline and i�acilities ("Improve�r�ents"). ii. Grantor reserves the right to use the I=.3sement for �n�� and all purposes that wiil not interferc with the Dist�-ict�s use of the Fasei��ent and operation of the Improvements. No structures, fill, or other improvements shall be placed on or over the Easement Area tl�at interfe��e with or impede access to the use. repair. replace��ent, or maintenance of the installations ii� the Easement Area. Provided thet�e is no interference with the District`s use as described herein_ Grantor may use or grant additional easements to ��}�er property o�vners for uses including, but not lit�ited to, ingl-ess and egress and othei� p�u-poses scrving the �ublic interest. iii. Grantor reserves and shall have the ri��ht to revise the gr-ad� of the surface or the (ocation ot the Easemei�t, if and ��lien Grantor shall tirst pay to the District the ful) �xpe��se of chanbing the �rade or IocaCion oi�the pipeline(s) and other installations of the District therein the event of a change in ��rade, the District will deteri��ine if the grade change requires the raisin�� or lo��erin� of the pipeline or othei- installation. The District, in its sole discretion, shall determine all cost's associated with the change in grade. If Grantor desires a change in the location of the Easemef�t, Grantor shall fn-st grant a suitabl� new easement acceptable to the District. iv. The District is uncler no obli��ation to install or to maintain any additional paving or other surfacin� on the Easemenl Area. ui�less it is a concliti�n oi�i�nproving District access to repair. replace, maintain. or to use the installations in the Easement Ai-ea. The District will not be eesponsible for non-standarcl hardscape surf�cit�g and will only restore hardscape sur'faces ��ith standard asphaltic conerete (Unifori�� Stai�tlards All Cities and Countv o1�Ma1-in Dra�ti�in�� No. �30) and conceete (brush or eYposed finish with 2.0 Ib. l�mpblacl: per yard) that m�ets constructioi� indust�y st�ndards, or as required by local eneroachment permits. �l�he District shall not be liable for any contribution under the provisions of Calil�ornia Civil Code Section 845. Seclioi� 3. Construction of Improvements: Any I��provements constrL�cted bv Dist��ict in the Easement Are� shall be li��ited to those Improvei��ents descl-ibed in Section 2(B)(i) herein. �The District shall ��ive Grantor at least ten (10) btisii�ess days writtei� notice prior to the co��i��encement of construction of the improvements in the Easement. ]f any portion of the Propert� is dam��cd during any Disti�ict construction, the District shall assume the loss �nd pa�� for thc: reason�lhle repair of such damage talcing into consideration issues of depreciation and bettcrment. Section �. Dai�iages to the Propertti�: I�asenrenl Decd— Tou�n o/�Tibairo�z to lVl;l/l1�D 2 l�f�nV portion of the Property is dan�aged by reason o�f leal<a��e or other �tailtu-e of any plrt of the underlying existing Pipeline, lmprovements or facilities oi- bv reason of�the District, its oFticers'. a��ents', em�loyees' and/or contractors' actions in ��aining access to the Easement Arca. District facilities, or Pipelines for purposes of��epair, mainten�nce. connection. or for any other purpose, then the DisCrict sh�ll assume the loss 1nd pay for the reasoiiable repair of such dai��a�re Cal<ing int'u considcration issues of depreciation �nd beCterment. � Ifthe District undertal<es any repair� on any portion of the Property, the District's woel: shall con�Form to applicable standards of the construction ind��stiy. The District shall repl�ce oi� repair any por-tion of the Property, damaged by the District, as reasonably 1s possible. to the conditions th�t previously eaisted subtracting any reasonable depreciation talcing into consideration issues of depreciation and betterment. � Section 5. Damages to the Imp�•ovements: Any dama�ze to the Improvements caused by GranCor, directly or indirecCly, to (a) the Pipeline or � other District facilities maintained in the �asemei�t Are�. or (b) to property in the Fasement Area �foe which the District is held responsible, shal) be assumed by Grantor. and Grantor agrees to and � ��ill pay the entire cost of the loss sustained by the District. Section 6. Mutual Ilold �la►-mless. Each pai-ty lor themselves, their heirs, eYecutors, administratoes, suecessors, assi��ns and for ai�y person or company in the Easement by invitation eYpressed or impliecl, shall indemnify, hold harmless, release ancl defend the other- party, its officc,rs. dii-ectors, volunte�rs, a�,�ents and employees, f��om any and all IiabiliCy, actions, claims, damages, costs or expenses, including aC�orneys' �fees and costs and expenses of suit��hich may be asserted by any person, including the parry, �rising out of or in cor�nection with this Agreement, except an action to enforce the terms o'l�this A�reement. Sect�ion 7. �Rept�esent�tion: "I'his �greement is executed voluntarily by each of the parties hereCo, �lll of whom have had the opportunit�� to obtain legal advice by independent counsel of their choice as to the content and effect of thi; Agreement. Section 8. :luthorization: E.�lch si�nat��ry to this Agreement wlrrants that he or she has full authority to execut'e [his A17reement on behalt�of and thus bind Che individual, or entiry represented. Section 9. � ntit-e A�reement: � This A��reement conCains the entire abreement and underst�ndin� bet��een the parties. Section 10._.(�indingon Successors: This A�reement sh111 bind and inure to tl�e benetit o�f Che respective successors, assigns. legatees, heirs. executors. administrators and estates of each o�f the parties; provided, th�t Grantor and elch � succeeding ��wner of Che propeety and Che easei��ents granted herein shall have no liabiliry I:u,s�iu�ni l)e��J— To�rn o��Tibi�ron/o;lO;Uli�'l� 3 hereunder�t�itl� res�ect tc� matteis arising from and after the date when they cease to be o��ner of the Property and said easements. Section 1 I. Para��raph 1-leadin��s: Paragraph he�dii��s are used for referei�ce purposes only and are i�ot intended to describe. interpret. detii�e or limit the scope or eYCei�t ofthis Agreement or any ofi its provisions. Section 12. Governin� La��: This Agreement shall be governed by and cor�strued in accordance with the laws of the State of California. Sectior� 13. Cou��te��parts: This Agreei��ent may be executed in any nuir�ber of counterparts, each of wi�ich shall be an original. but all ofv��hich tai<cn together, shall constitute one instrument. Sect'ion 14. Severability: Tf any term. provision. cov�nanC, condition, or restriction of this Agreement is held by a cotu-� oi� competei�t jurisdiction to be unlawful. invalid, void, unenforceable, or not effective, the remainder oi�tl�is Agreei��ei�t shall remain in full fo�-ce and effect and sllall in no way be affected. impaired, or invalidaCed. Section I 5. No Presumption Re��ardin� Drafter: The parCies acl<i�o��ledge a��d agree that the terms aild provisions of this /lgreemenC have been negotiated and discussed between the parties and their attorneys, and this AgreeiT�ent re'tlects their i��utual a��reement re��arding the sai��e. Because of the nature of such negotiations and discussions, it would be inappropri�te to deei�� any party to be the drafter of this Agreement. and therefore no presum�tion for or a�ainst validity or as to any intei�pretation hereto, based upon the identity of the dratter sh�ill be applicable i�� interpretinb or enforcing tl�is Abreement. Lcrsement 1)eed— l�mrn oJ7iburo��to .1�11/lf7) 4 OWNER: TOWN OF TII3URON � Dated: Si�ned: Gre�� Chanis -- Town 1��1ana��er � Witness: Benjamin Stocl< � To��n Attorner � DISTRICT: MARIN MUNICiPAL WATE�R DISTRiCT Dated: �3y: Bennett Horeiutein � Generai Mai�age�- Attest: Secretary � �ttachments: F,xhibit A - Properry Description Exhibit B -Pipeline Record Di•awi��g E�hibit C - Easement Area Legal Description EYhibit D-Plat Map MMWD SeaL• l�:asement Deed— Toii�r� oj�Tilun�or7 lo:l-/:1/11'D � CALIFORNIA ALL-NURPOSE ACKNOWLEDGMENT CIVIL CODE � 1189 A notaiy public oe other of�ticer completii�g th�is certii�icate ��erifies only the identity of the individual �-vho si�_ned the docuinent to which this certificate is attached, and not the truthfi�iness; accurac}�, or validit'y Of t�l�ll C10CLlIl��IIT. State of California Counry of Marin On before me, . Notary Public, personally appeared_ �vho proved to me on the basis of satisfacto�y evide��ce to be the person(s)whose name(s) is/are subscribcd to the �vithin instrument and aclo�owledged to me that he/she/they ex�cuted the same in his/her/their alithorized capaciry(ies), and that by his/her/their signature(s) on the instrument the �erson(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certity ui�der PENAI_.TY OF PERJURY u��der the laws of the State of Calitornia th<�t the foee�oing para�zrapl� is true and correct. WITNF_,SS mv hand and ofticial seal. Sigt�ature Lt�semenl l)eed— Toii�n �;f�7�i(�rii�a�lo;14,1 J1��1� 6 � CALIFORNIA ALL-1'URPOS� ACKNOWLEDGMENT CIVIL COD� § 1189 A notaiy pt�blic or other officer completing this ccrtificate verifiies onlv the identiry o�f the individual ��-ho signed tl��e document to �vhich this certiticate is attached. and not the � truthfulness. accur��cy, or validityo uFthat document. � State of Californi� � County of Marin n» before me. Stanley P. Grah�m, Notary Public, personally appeared, Benne(t Norei�s�ein, who proved to me on tl�e basis of satisfactury evidence ro be the person whose ��ame is subscribed to the within ii�strument anci acl<nowled�eci to me that he e�ecuted the same in his � authorized capacity, and that by his signat�ire on the instrwnent the pe;ison, or the entity u�oi� behalf of �vhicl�tl�e pe��soi� acied;execilted thc insti i�ment 1 certify under PENALTY OF PERJURY �inder the la�vs of the State oi�California that the �Toregoing paragraph is true 1i�d correct. WITNESS my hand and ofificial seal. SIbIlBTUt'e L-;aseme��t Deerl—To�i�n of Tiban�on io A9,1/I�1"C) 7 � Certificate of Acceptance � 7'HIS 1S TO CERTIFY Chat the interest ii� the real properry coi�veyed b�� the Easement Deed. dated I , 2020 ii�om the TOWN OF 'TTBIJRON to the '� MARIN MUNICIPAL WAT�R DISTRICT, a local public agency, was hereby ��ccepted b�� order of '; the T30ARD OF DiRECTORS of the MARIN MIINICIPAL WATER DISTRICT on , subjecT to the terms a��d conditions of s�id Easement Deed, and the '�, MARIN 1VIUNICll'AL WAT,ER DISTRICT consents to the recordation the��eof by its duly authorized �I Officer. ' DnTED: BY: ' Sta��ley Grahan�, Real Prop�rty Agent ( __ __-- ___— ---- --_ __ _ _ __ _ _ _ ' /-:nsemrnl 1)ced— To�i�� qj�Tibin�o��lo;1�9:1/I�'1) 8 FXHIBI'�' A All th�lt certain real property situated in the 'T�own of Tib��ron, Col�nry of Marin, St1te o�f California, described as follows: � Lot 10 as shown on the map ofPoint "I�iburon recorded in Book 19 o'f Maps at Page 4 in the Official Records of the County of Marin. 1-.nsemenl Deed— Toirn of libt�ra�lo-1=/A/11�D 9 EXI-IIBI.T B MMWD Water Facilities � � ' ( � ., , � � � � - _ � I f � i I � ... ... &H N 3iltM C,PAL WAiEft C 4Tpi(_ I V1 � ... .. . ..... � i �{ : ` � _...__. _.._...-? 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'll-f��rrt��ir.le£;�sei�s��rt � �e�zl�a�� , .s;=•t��aiG�rr-i�c,flailcl, i��ii� 1i��.iiij feei c:u e��_li �:cl��.,fth�2c�31e,t;:3i��atnl-;.w��1i��: �'i'�_`1i3ll1IlQ�?t t�l- ��.rlll�_j'It,'�I�'C��:137�.'�PU3I12.gi;kYi�]1C��i�,ir:tl�3 l�:l ''�; .I�`a`��. j4.i,_}i2ai_: .11Zll=r�� llt:<(}; 3 --�Y `�•'r ;:. =��,{j�Crt:i�1�1i��}i�l,.Ls_"l1 �r' 3_i .�:�si 1�'._�1 f�EC Ti=��i il:iI11I z��Il :It� >:�:atli,�,r,r li��r ut .:�:��1 Lct li,�. a:i;:�,,�in� �1>;_11 i��li�Pa3ii�i o#"�`ed•�xiiu��ti,.�� ' Zit��_-��.�=5 fi'�t e�l-t ti}I tlt�',ti2:te:';.Tii1v�°�`L��IIi�I��i LCt 113. E��r�:�ki��s- t}irl��fp��t�i� a�-�}:��rta�;�,,l i�=�� ,��it��si#lr: h� �«��z;5e��re�l_�:tr��1.'_�)-fr��t��le ��em�r�t 1. r, _ re�e ? t;l_' Grrsemen�Deerl— To�rn oJ�Tiburon Io :li/:l/l�i�D I 1 �i� .icj�l,�i�,ti�T s._.ci _�i�� 1.�;_u .11s.:l%�e�:r;�d�_n:=r�:�_€=1a^n._;�e.��t��_e�: :�r��t�_�teT,iu��;°?a� :;_itL��erl�'lu�e;,i��:t�l i��t 1{e�. f"��.`ai��s�i:�i ar�z rf i.`'6-..i,�:�r�f�t.n.��re ur��:s. `.,��t'r�e:��-i�li: _fE-fnn[�'4 i�:l�E:i�.ei��e�et?� �'+IIlQ�:��'� �L'UI'si�7.��`TP.'Ll C��Idll��. �isli_ �E,�I;il;i fi�s�t t:11�sil'ji aiC��.�2�1?�'fi�tla?�.i'II1=i'l��Il�'°:�t'�Illl2: F K�iI8Il8I1�<'tt I�1C 1:Ffl'll1�_,afUlti �r;ll:lt.�;�F't}IllC�i: :Il+'_R,e��illl.._}n`�i,�i�1' ;".��t,.,>f5,n4}i�r#tC��i ��+3i11��ll i�iL'`i:�llT�i a `_°;�1i71t'JI ��1.�1�i;i 1�1. i1�<��QiIlt�i;i��r':tlt'�`�1�F''ll,Il�F3t Tk'7'1t31F[i9ki(rEt.13711'� l�j._'..4'f£'CT z�'S`�',�L'�1�:��1�'�'1+:7s1'CIl"I2llli0:•I i.�ri:';"g?I'�5j L�'s[ '_:,�, ` E�er�ritts tl�ea�eft��rn rE•z, �,�=it��,�i l�i ;,,�rt:u��t��ltere�lit_��=c;r�zl:�.: .F,��i_'��-fa?a��t��,�Ir Ease�nent l. ��`7i�;id=�l�zi�>ti�f�ec,1�tn�F�.�l.t:�_� .h?.�l��e�i �l�_�n�ec�r,r�_h�,rt��,e��l a,�_r_;.,;an�ti,�tzn�u€��£e�� :�,ut��Pr1;-lit�e��f;�:��1 Lc,t 1��. ��i3L�i;3.L'i3ll£`;il'1;3IC'Z Of�%'J�'�:t�l.l'S;'{Cct..12�6i C l'�I��95. ?�1�Z�v.I'lIa_;tzil T.Ill>�a�>�:I1�:�L�_;�.il'2�i:#"?:� 1.�_pll ti�:ilstk'�It'�:i`jt1t�F'��11�_''.�€<`!��i �t'�Y't�' i, ��j 4�13:i� th��1_��ri7Q�;€r��1 zua��5:�L�uit�it_1u,2i r�.�r�sc�as�.E��,�k: 1'.=�cft 3�.�;�t F��t-1>r�;t�t� }�l�r'1I7Tt`?S:��j�11L�ts t:=�I'�Lf_:f�eti�Cr�a.l1 �-� �'� Ct�t.�;.'.:tr�S .:li�,f'�+:t':�.`? ��.i��t�i��iiYvs�;a�lie��iit:e:e:_�i� �r;�;,��ei�ii�r�t�a�i%1 t.Er�l,�-u•,�a�;e a�;<,.rt��f�lus:�l�;cri�t�s,ii �ll_•E`�t��CR�3ti+J111'+=t5�'I":='�J�'u'EC��'1'.i't1�:`I"Lll1ElY7IYi:�"t�'iI?tj;Lt�'�f:1'=1�i?'. f,� ,a 'i'' . !`��'�,��3'.3..y�.a,��-9-ir:fw__ .-�' �r�Y1P. � Iz � -��)`�,i Br ul_. �.tsa_L -!=�1' _ - , - Li F1ise E .,uu:: I, _ '[il�; � i. , ., �: � r . F_aseme��t Deccl-- Toirn oJ�776ti��n«l0 11111�I7� 12 EXI-�I�IT D . � � � . . � � . . . . _ - -- .:.u... T:J�.�- ..... .._ ., ,. '_ '_' i._.: � .. - . � _ . - . �..ir.-. � L:�.;-I. .._.�In' �r:t i � � � � F i'i�-.. . � . .. . . ...... �., � . � , � . - .;> i „ �rt� �_ "'- � . .. �� .-� . , - r'tt,, f��,,, � �13 :=; iih :r n i.i;.i i- -: •i ,: ii.-� r - irii �;i ,, .;, �,/ . ,- ��• � �.:I,-.i� ... � ., :�.r, .i�,yf ' _ �� . -. A.`'. ..: .-: , . .,:, ��.:. �,..�...i �'� ' � . . .:' . . . . � . ,: -c . � .. ..� - I��-I i- - 'TG � I �b�.l TII It:�r LII��. � .:�I . { � � "'�� . .. '�:'tti., �y�� -' . . ... _ ._.._ '._. ;. �� _ ... .. .... . . �'�. .� L:1 .. ^..�.I�. .." ��.... � T�::� FTI.�':. � . . .. ..,�.�.. � -� . ....- � —... i . I h �+I k � �r r � .'`-�,�4'+,� , i�.. i 'i�IE I� I . � ,� 3�t-aau��:t i •....�:ti;it iel �u-rc?>y � � ��..�- �i . �. . . : . .. .. ..i�._.�i�'ri�.t�(;t::i t�� t f.::�t?. :; .",;, i. -. ��... „�_: -�;,.' ,. � ` r 3'z7 r� ` ELE E�E T1 �, _ , �� r I h .:C� � p I�. ,i 1 e i ,.;u � - � - f �,�,;,; � � i•:tr�.� li � i,�zi.E�,�n;. .. . - ..- _ -.. '� LT �� {z .- � � �� . +�'"T��a�y� �.:=��..�.>_... a_:��:.�� ., , .� � i t_ ......... .. ...... ..... :I.:ii'�_�.-.`rl 1 'c '_5,..�f ......,1.�1`. ... ... . ..... ....... . . ... ... . .. ......... .. ....... . .. ...... , s } ' _ � �,I_S.,�c;z3 tit'illi'�;'t . �t.:l.�...:f:� L�,��`: � � � � i:�. "F Tl tL - . — .- .. . �: �� a�.� � �� . �# :r.;-L 'o�� * : F�.xl�i}�it 13 ,-r;. }��RTitt ��it5k'iltitlY �`, r•. ' _:c:3'�o[ti�¢r..fL�, ° ��'<:.�t� . n haa-�z�Hn,S t9 v_tt� F•a,�� . .��ale-i : l r �'�;�.�;�. ;7n�uu'Iio::s�n,C��^�if'_v�ars �a;_�= ��e-r�ia� �--� i��s�t�7F Bc€ar ji�grs I il � I ini :-. i ,li�. �r n. , u� I i I .q. i di ii�i�t � � .. 's. �it313�� 3 C{;�iiRt3Ct�'4 I u� `._ ' T n�I r 't.,.. 1 �u ir-:�.. i: :I ,.i:- ' .��. � �. , _ , f� f �, l�: -I i i� - u- Til u i i- i l I u I 'iE — t s.i 4 �� i �� .r � -. 1-�,ni . I ..i I� . � � . � . _;.... t : 1 . I I 11,'. . i .i , '. [� i -,.Y �� 5.»-'V 1 C.�T4 �E.i..r,... . .. _ . i.,.ir ii� i-J �4:.ir _,,_irul_i..:�¢��wLr Par_.3L.�S�_�?, � `-:ha=_tlufl I:asemenl Deed— To�rn oJ�Tihiirorr lo :1�/;l/11�1) 13 Town Council Meetin<� TOWN OF TIBURON .1�ine 17. 2020 �� I505 Tiburon Boulevard Abenda Item: CC-4 �� "1'iburon. CA 9�t920 ' ' A ' To: Mayor and Meinbers of the To�a>>� Council From: Department of Public Worl<s Subject: Ac�opt T�-vo Resolutions Orderii�g and Approvii�g the Annual Engii�eei-�s Rcport, and Declaring ]ntent to Levy and Collect Assessments within the Landscape and Li«htinb District in the Cypress Hollow S�ibdivisioi� and Settinb a �I�ime ai�d Place for Public Heari�� :�' ., Revie��ed By• <��; `�:q/' t� ¢/ „ � �_�;, Gre<�Chanis.Towi� Manager Benjamin Stock,Town Attor��ey SUMMAI2Y Adopt Two Resolutions Orderin� and Approvin�the Annual Engineer's Report, and Declarin� Intent to Levy and Collect Assessme��ts within tl�e Landscape and Lightin� District in the � Cypress Hollow Subdivision and Settinb a Tinle and Place for Public Neari�lg. R�COMM,�ND�D ACTION(S) L Adopt a Resol�ition Oi-dering the annual Enbii�eer's Report. 2. Adopt a Resoli�tion Approvi�lg the Annual Enbineer's Report and Declarinb I��tent to Levy and Gollect Assessmei�ts within the Landscape and I,ighti��g District and Setting a Time ai�d Place for Public 1�Iea�•in<7 13ACKGROUNI) O�� July 3, 1990 the Count�� of Marin establisl�ed a Lanclscaping and Libhtin� District i�� Cypi�ess t-lollow. The Coimty o1� Marin received assessments fi-om the parcels therein for the purpose oi� operating and maintainin�� tl�e follo�-ving areas with the Gypress Hollo�-v Subdivision: (I) la��dscapin« and irrigatio�� of the 2�-foot sewer sanita�y easement on the e�st bo�u�dary, (2) ei�try landscapin<;� and irri��ation of the 30-foot storm drai��age easement in the southwest bounda�y area, ancl (3) o�-vnership and mainten�i�ce of the pai-I< site. ln 1998, the residents oi� Cypress Hollo�� petitioned and received approval fi-om the Local Abency Fori��atioi� Commission for annexation ii�om �u�incorporated Marin County into the Tibw�o�� 7�own Limits. Subsequent to that anneYation, the Tibui•oi� Town Co�n�cil and the Marin County Board of Supervisors passed a joi»t i�esolutioi� trai�sferrinb jurisdiction of the Cypress }3ollow Landscape and Li�htinb District to the To�vn of Tiburo». 1'he resolutio�� also transferred tl�e tinancial reso�u-ces and doc�unentation associateci with operation, maintenance and fundin�� to the Town. To�a�n� or T�auiio� PacL 1 oF 4 I3ased on this resolution, the `I�o�vn ofTiburon has maintena��ce responsibility for: 1. "I�he 25-toot s�nit�ry se��ver easemcnt l�ndscape ai�d irri�atioi� on the east boundaiy; 2. �ntry landsc�lpii�� nd the 30-foot storm d�ain�ge easen�ent o�� the soi�thwesterly bounda�y and irri��ation system; and 3. Ownership and maintenai�ce of the parl< site. � Since 1995, the To�-vn of"l�iburon has continued the operation and maintena��ee activities of the Cypi-ess Hollow Landscaping and Lighting Dist�•ict and assessed the resic{ents the cost thereof. ANALYSIS In ordei- to proceed with the renewal of the assessm�nts, the Town prepare an Enbineer's Report for the upcomii�� fiscal year for which assessments are to be levied and eollected to pay for the costs of the improvements described in the report. The Engineei•'s Report �for Fiscal Year 2020/2021 has been prepared and is included as Exhibit �l. `�I'he Fiscal Yea�� 2020/2021 assessments for the District ��ill remain the same as the Fiscal Year 2019/2020 asscssments which is $i78 per parcel per yeai�. The amoi�nt of the assess�nent has ��ot changed sincE Cypress Hollow ii�corporated and the To�.�m tool< over maintenance fi�om the Co��nty in 1998. Tl�e Foll�win� table s��mmarizes the estimatc of costs Ii��m tl�e Enbi2��,er,s Report for Fiscal Year 2020/2021 includes the follo�ving estim�te of costs i�or the district. Tterii �� Annual��Cost �: Annual Maintenance Services(Contract) $7,000 Services(Labor) - (]) Materials & Supplies $8,000 Watee $1,500 Szahto/��1 Annual Maii�lei�ai�ce 516,.500 Rescrve ConU�ibution ('_') M�jor Tree "I�rimming($6,000/4 years) -- ------ --- --__ -- --- - Major Parl: Rehabilit;�tion ($60,000 in 2029) $132 Suhlo[ul Reserve Contriba�Nion 5132 Annu�il Subtotal �16,532 � To�.vn Contributio�� (Gener�l F��ncl) -- Annual Assessment $16,632 Fund Analysis �� -- - To�� or"l�►�L��zo� P,�c�: 2 or� Estimated Beginning Fund I�alance (7/I/�020) $22,646 Estimated Reven�ies $16.632 Estimated Espenditures ($16,500) Estimated Ending Fund Balance (6/30/2021) $2?,778 (1) To�i�� is not cz.n-rei�ll�% trackin�� ai�c! billin,�= Sic�f��imc .sl�e�� n» n7ainlenuT�ce crcii»i�ies in the District. (2� Major perio�lzc mcrintenance acti��i�ics u1��ici��c��ed arc lr.c�cd helo�r 'The LLA requires the Town Co�u�cil to o�-der the Engineer's Report, approve the annual Fngi��eer's Report, adop� a resolution declarinb its intei�t to levy and collect the lssessments and settin<r the ti��e and place for a public hEarinb, i�otice and hold a public hearing, and 9inally adopt a resolutioi� coni�iri��ing the dia;ram ai�d assessment for the landscape ai�d lightin« district Staff is requestii�� that the Cow�cil talce action at this meeti��« to adopt t�-vo resolutions. The fi�•st resolution (Exhibit 2) formally orders preparation o�f tl�e ani�ual Engineei-'s Report. The seco��d resol�ition (Exhibit 3) approves the Engineer's Report foi� Fiscal Year 2020/2021 and sets the time a��d place for the public hearinb as 5 pm on Wednesday July I. 2020 at the location of the regular meeting of the To��n Council. Following adoptio�� of these resolutio��s. Staft� will notice the public hearing. Oi� July l. 2020, the Council will hold the public hearing ancl consider contirming the dia;ram and assessment for the landscape and lightinb district. If the Coui�cil contirms the assessment, thei� Stai�i�will fnalize the engineer's report and complete the necessaiy paperwo�-I< and subil�it to the County assessor's oftice p�-ior to their deadline of July 9. 2020. FINANCIAL IMPACT l�he Cypress I��ollow l.ai�dscape and Libhting District assessi��ent is necess�u-�� to offset so��e of the costs of maintaini�� and improving tl�e facilities ii� lhc district. Without this source of fundinb, th�se costs �vould be paid for solely fi-o��i the General Fund. � l�he table belo�� shows prior year expendit�u-es ai�d assessmcnt revenues. 2016/17 2017/1� 201�/19 2019/20 2020/21 Descri �tion Actual Actual Actual Estin�ate�t Bi�daet Contractual Services ; Stai�F $14.000 $I�_000 $14.000 $7.00(� $7,000 Landsclpe Grounds & Materials $2,495 $1.�3� $9.793 5��.71� $8,000 Water $606 $951 $1.�}00 $I_77� $1,500 F_xpei�c�itzn°e 7'otal SI%,101 SI6,-!��> 52�,193 S3-l.-1>i� 516,�00 ._. .._--- ---- - - __— — Assc�sstner�t Revenzre S17,101 516.-�89 S16.�-1-f S16.61�� S16,632 Excess/(Shor•1fa11) -- -- (S�S'.<-�9) (SI%,b'�0� S132 As listed in the table above, excess funds ai-e held in the Cypress l�iollo�� Restricte�l F�u�d to be used for special or si��nifica��t rehabilitation or maintcnance ��ork, and shortfall amounts are either funded fr-oi�� the Cypress Hollow Restricted Fund balai�ce or funded ii�om the Ge��eral F��nd. ln additional to routine annual maintei�ance activities. special tree h-immin« is needed To�� or"I'iB��o� , �' �c�:3 or 4 abo�it every four years at a cost of at least $6,000, and the parl< infi�astructure needs rene�-val abo�it � �very 20 ��ears. ln 2009, the Town spent $�0,000 rehabilitatii�� the parl< area. T:NVIRONIVII.NTAL RTVI�W Staff has preliminaril�� cletermined t�hat adoption of this item is st�ltutorily exempt ti-om the � requiremcnts ol�thc Cali�i�ornia Environ�nental Quality Act (CEQA) p�irsuant to Section 15378 of the CEQA G�iidelines in that it does not constitute a project ui�der CEQA, and if it �-vere i�ound to � constitute a project, it �vould be exempt p�il•suant to the general rule set fo��th in CEQA Guidelines Sectio�� I5061 (b)(3). R�COMMENDATION Statf recommends that the T'owi� Council: � 1. Adopt a Resolution Ordei-in;the annual Engineer's Repoi•t. 2. Adopt a Resolution Approvinb the Annual Enbinee�•'s Report and Declaring lntent to Levy and Collect Assessments within tl�e Landscape and Libl�tinb District and Settinb a Time �nd }'lace for Public Hearinb [;shibit(s); L En��ineer`s [Ze�ort for f iscal Year 2020/2021 ?. Resolution Orclering Ann�ial C-;ngineer's Report 3. Resolution f\pproving the Annual Engineer's ReporC and Declaring lntent to Levy anci Collect Assessments witl�in the Landscape and LighCing Distriet and Setting a T'i��ie�i�d Place for Public Hearin�� Prepared E3��: Steven Palmer, Director of PL�blic Worl<s/Town Engii�eer David O. Eshoo,Associate Engineer �I�01��,A OF�1�IBt�RO\ 1'AG1: �d OF�6 EXHIBIT 1 ♦ i � •• \�� . w . . s � �_. _r , 1 � Town of Tiburon IV[arin County, California Landscaping ancl Lighting Assessment District—Cypress Hollo�v Annual F;ngineer's Report Fiscal Year 2020/2021 Intent Meeti►�g: June 17,2020 I'ublic Hea1•ing: July l, 2020 Dr•aft June l2, 2020 ilnnual I��.nginr�r's Report I�isa�l Year 2020/2021 Draft.lune 12.2020 Lanilscaping aiid LighLing Dis[ricL C}press Ilollo��° 1 I..:��cisca}�ir�� 3��ci E�i�i�ti�� :��sesstr�e��t [)i. tri�t —�e�s•ess Hvtlta�� .�.�tt��sal I�;t�;;inee�''S t2�� tFr� I�"i�c;�I �`e.3r2i1"�{)i?U � I it; t:�ti��.E:��:t�:9 I�L:��,� ��t't��it� :17� :n�lc;s�,l eiF�i�rt a.,�13t��;��9 ��y tlte It>��;n C:c>t.it?til «i�t(�e [c7�;,�? C�f' � '1�4ti`i)il. -...�.„� ° y c,( �"g,. ...... ,/��`�.�,...«�5 s d l�g�n 3*.�, �� '�', �?z ��' ta��C�`'� ..��. g4„�.., :� �-� �, � �� , ; _'`� _ . , �... . � -.. , � � � � �� . �� _ _ _ __.__.___._ �- —_ , _ _._.._ _..__.. , � 7 '`+It.t'l'il �� '(ii it(�, ��.'. � *f ,3s, rrf,d } t.`�„� Fsj,.F$e,S .�,��r{ i��tf'. �)13��iLf)[ �7 �'tii 1➢G ��v��i?1�5 �t?�Ltl � tt��',t �ci �•�.� � a' s s � �£ � �4).'�'ti i�¢ �Ihl)� 5f7 ��r�,�I,Ii ��('�111+'ti_ �,..'SC{11:11c`# r� � ,�;." �, �4� . � �,�'�� ;��' �` `��'"E�d�� , s �'`�'�'�`, �'"��..Am . . � xi*.....�....� . 3 � ]a��i?� �crti�� :I�at t��e ��cl�}�c�' I n��ar'; Itr��>tiE•t, tt>`�ether�� t(� dl�e �,sses4i7��;nt a��cl A�s�.ssm�nt I�)�;3 3r�:�1i C�I �-�rz�tc,�tt.��l��i. t�a1 li:ecl �t�tf� rt�� ?r� t(��; � ��c�i',Its��e.20�(J. _— ___. __. _.___.. __....._ _....— — [ c i �t�°f �rl�. �1'z� u C'Fc:r� 1'�;�',��r, s�€'�;�il.,�uro�i. 1�l:u�ir ('cnsrtiv,i�`z:'iI't�rrti�� '��1:'��, Ci'�llie ;�lttt 1�1C' :,17L1(.)�C',it �� .�.:.�^i'�+ �i L7G�"t,tt��,�i:t�1Lt't�:��y E�ic �gSt558T,�llt f�llt� �.SSt"�dTlc;tit I:)� ��3�<�e�; ti�c;i�t« attz�cF�eEi� e�a�;E��r��.,��1 �t�id ��>ri[€r��! [��tl�� ;t'�i Ci�t�rtc;1 a�f�tlie�I�t�l�.�:� <<��7�;l�i�uc��. '��(ar?i� C��,»�t��_�� :it�rr�ia �n tl�� .i��k t�fJ�al��. "'t`��O_ __ -- — _.__ _ __. � �:;.'�te�a.�i. 1��n t��:c;�I� '"C,��t' E�i i i`?i�tc?n. '�.14�rii'- Cuu:t(�. t'_;;; it:>;'rti�t ��:if�tr.i! }�.tti�it cr';i� ��,}r; I �<.cai 1"cur �'t)�2�'��1 I)r<i�,Jt.r,c 12 .'t�_t, I ans_Ix�.nin�z:i:�. I. _n�i^� t>i�.�,,.�.( :e,5 li�.� ;tr,. i l. 1NTRODUCTION � The Town of Tiburon (To��n) annually levies and collects a special assessment in the Cypress Hollow area in oi�dcr tc pr�vide and ��aintain i��provemei�ts �viihin the area. The Landsca�ing and [,ighting District in Cypress Hollow (District) w�s formed in 1990 bv the Coui�tv of Marin to provide and - continue the operation anci maintenance of public improvements installed as part of the development � that bei�e�tit the properties with the District. In 1998, the Cvpress llollo��v subdivision was annexed into the Town, and tl�e Cypress Hollow La��dscape and Li�hting District �-vas transferred to the Town of � Tiburon. The District was formed and assessi��ents have been levied anniially p�n-suanC to the I,f11lL�SCZI�IIIf� �Il� �l�r]ltlll� l��t Of 197� Pai•t � pf TJlyicj�� I j n�f tli� (�Zljfr�,'t118 S1!'e21S a;;C� 1-l�trh�:�� Code(1972 Act�). � This�ngineer's Report has been pi�epared pursuant to Chapter l, �lrticle 4 ofthe 1972 Act(SCreets and 1-Iigl��ays Code Section 22565 et seq). This Report includes a description of the improvements to be maintained and seivices, and an estimate of the costs to maintain ��nd seivice the improvements, a diagram for the District�, and the proposed annu�l assessments for Fiscal Year 2020/2021. The Report apportions the costs to each lot oc parcel in proportion to the estimated special benefits to be i�eceived � fl�om the maintenance of the improvemei�ts. � 2. DESCRlI'T[ON OlF IMP120V�MGNTS "I�he Town levies and collects assessments fl�om the parcels in the Dish�ict to maintain and se��vice the landscapii�g improvements and associated appurtenances located ��ithin the public right of�-vay, public lots, and dedicated easements. Tl�e improvements maintained and servicecl witl�in the District are the following areas within the Cypress I-Iollow developn�ent: 1) Landscape �naintenance within the 25-foot setiver sanitaiy easement on the east bounclary. 2) Entry landscaping and irrigation at the intersection o�fi Cypress Hollow Drive and Bay Vista Drive. � 3) Landscape maintenance within the 30-foot storm cirainage�asement in the so�ithwest boundary � a��ea. 4) Maintenance and service ot�the parl< site located at the intersection of Cypress Hollow Drive � and Rancho Drive. � The improvements installed, maintained and serviced generall�� include but are not limited to: I�ndscapii�g, planting, shrL�bbery, trees, grass other ornamental ve��etation, irrigation systems, hardscapes and fixtures; ornamental structures and iacilities. curbs. gutters_ walls, side�-vall:s or paving, clrainage, electrical facilities, playground equipment, shacle structures. play courts, public restrooms, and paseos/trails. � District fiinds are used for the mai��tenance and servicin�� incluclin��. but not limited to, labor, electrical � energy,water,materials,conti�acting se�vices,aclministratio��. reserve.and other ex}�enses necessary for � the satisfacTo�y maintenanc� and servicing of these improv�ments. Mlinten�ince and seivicing �llso �� inclLides cultivation; irrigation, t��imming, spraying. �fertilizing. �nd treaCing for disease or injury: t�l�e remov�i of tri�nmings; rubbisl�, debris, other solid �vaste; and pest control; the cleaning; sandblast�ing, and pai��ting of walls and other improvements to remove or cover geaFtiti; and the re�lacement of f�icilities. nnnual }:n��inee�'s Report Piscal Ycar 2020/?021 Draft lune 12.2020 Lan�scaping�ind Lighting I�isU�ict.C��press Hollo�� Page 1 of 5 3. I?S"TIMATI: OF COSTS The estimated costs for the operation, ii�stallation,maintena��ce, and seivicing of the facilities for F iscal l'ear 2020/?021 are shown below. ']�he cost estimate incl�icies anticipated �-vater and electricity use, i��aterials, contract services, labor costs, and annual carryover costs. 'Item Annual Cost Annual Maintenance Services (Contract) $7,000 Services(Labor) - (1) Materials& Supplies $8,000 Water $1_500 SiibtotalAt�»ualMai��lencmce 516,�(10 Reserve Contribution (2) Major Tree Trimming ($6,000/4 years) -- Major Park Rel�abilitation ($60,000 in 2029) $1�2 Subtotal Reserve Co��ribi�liof� 5132 Annual Subtotal �16,632 Town Contcibution (General Fund) -- Annual Assessment 5�1(,632 Fund Analysis Estimated Begini�ing F��nd 6alance(7/1/2020) $22,6�16 Lsiimated Revenues $16.632 Esiimated Expe»ditures ($16.500) -----_. —._ Es�imated Encling Fu»d Balance(6/30/202]) $?2,778 (Il Tnri��is»01 czn•rer�tly h•acki�g crnd billi��g Sluff�time.s��e»t o��n�arnle��u��icc uctii�itie.s i» �h�Dish�ict. (2j �I��jor�eriodic�naii�le»al�ce aclivilies cmlicipa�ed arc>listccl belu�r =4. MI:THOD OI' APPORTIONMLNT The l 97?Act requires that t�he net amount to be assessed may be apportioned by anv formula or method �,vhich fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit� received by each lot or pareel. lnnuai I�_m�inecrs Report i iscal Year 2020/2021 Draft June 12.2020 Landscapin��an�l l.i�htin� UistricL C��rc>s Hollo�c Page 2 of 5 'The Method ofApporCionment is based upon the relative special benetit clerivcd li�om the improvements � and conferred upon the real property �-vithin the District over and above the general benefit conferred upon the real property within the District or to the public al large. Landscaping, planting, shrubbery, trees, grass and other ornamei�t�al vegetation. irrigation svstems. hardscapes and fixt�ires, ornamenta) structures ai�d i�acilitics, curbs, gutters. walls. side��vall<s or paving, drainage, electrical facilities, �, playgeoui�d equipment, shade structw�es. play courts. paseos/trails, and appurtenant facilities, if well � maintainEd, confer a particular �nd distinct special benetit upon real property ��ithin the District by � providing bea�itification, shade and positive enhancei��ent o�f the communit�� character, atti•activeness ancl desirability of the s�u�roundin��s. and easil�� accessible outdoor recreation opporCunities. Aciqitionaliy, thes� ameniti�s contribute to a specitic inerease in property desirability to parcels within the District. To apportion t�he estimated costs of the District during any tiscal year, each of the parcels within the District is cleemed to receive equa) special benelit f�rom the improvements. The assessment per parcel � is calculated by dividing the total assessment amount by the total number of parcels within the District to determine The ann�lal assessment amount per parcel. 5. PROI'OSCD ASSGSSMGNT' FOR �ISCAL YGAR 2020/2021 The Fiseal Year 2020/2021 assessmcnts 1'or the District will remain the same as the Fiscal Year 20�19/2020 assessm�ents��-vhich is��$378 per p�t��cel E�er�;-car�. � The ai��ount�of��the�assessment has�i�ot cl�anged since Cypress Hollow anne�ed into Tiburon and the To�vn tool: over maintenance from the County in ]998. Tl�e assessment calculation is shown in the table below. Total Annual Assessment �16.632 Number of Assessed Parcels 44 Annual Assessment per Parcel $3'78 6. ASSGSSMGNT DIAGRAM An assessment diagram for the District is inclucied on the follo�ving pa�e.The parcels within the District� consist of all lots, parcels ancl subdivisions of land ��ithin these boundarie� as described in this Report and sho�-vn on the Marin County Assess��r's E�arcel n��aps. "I�he lines and dimensions sho�vn on the Marin Counry �ssessor's parcel maps 'for the current year are incor��orated herein bv reference and made part of this Report.The follo�ving clia�ram �ho�vs the boundaries of the District for Fiscal Year 2020/202 I. This dia�ram along �-vith the Assessment Roll incorporated in this Report constitutes the District � Assessment Diagram for Fi�cal Year 20�0/2021. Annual Fngineei's Report Fiscal Ycar 2020/2021 Dratt.lunc 12.2020 t_andscaping t�nd Lighting DisU�ict.C��press FIoIIo�� Page 3 of 5 t\ e�� ...'j�11 ('�ll:�. ��t,�.��.'j,��ii��}, �� \ ,e�� '3j�i'1 ,�� _ ;°i '.�; :,l.f'�aJ�I; ,a.�';.a�`i �p `�, � I. � ti � � �_.,,, ,. ��,,��.��a�,.`� __.___—_...._ �_ �� "�m�.;ra \ -�-,r; � � �_ � r_�__'-F-,�n_� __� � f w�s.-) _ „�,�G%. ��M�5'v�(�i ; � � J"• { "`, = j� ^�... < � �,i, ^ �� ✓'� Y �` � �� ~ �M n .� � / � �A��'... � 4 �j�°✓�. �t 7 fi'x �" � J ' = , , � �`.v 4. � — � ��. �4 � �,Q� • � _,.. �. �_e� < .� _ � � � � � � � � � � �� , � . � , 1 o- �..�sM ._,, �-— �� .'�� > � ` ��''j `� � L._..! � � � a ��a-z '` r J xnm.c au,c� � _.� i�5 � ��r , C �.-`" `f^� �' �% ` n0 J (m+..�%i '¢- k �! `�� / i �_y l a 14 l._.ui.�� __ �" !/ �/� � r �/ \ O�'� ! `� !a. �'}, :� _,"� " r � r , � �' tn�_� �� f"`_ 1 � �--,- �� : �-��-� _ ,g��., � �1 �� , j j � w � �( {� ,/� , \} J 1�' e�i. �_` 1 � �._.J. �if,' I '^� #!f J'/f`"�\�. /! . (`� ,.��1 �3 � � µi^ a �qa f $ / � > � •: '�' 1 �� Yr� !'1,�� t'kt�l � \ ''�.�'' �� !aa "�..X}nvuwslt�.ms,.: � � '.�� i I" /� J �,, t' ;'` \ i j �� _ a '+a J 1..._,� � ' � j �r '\ �.,/ ,�� o � � .\; � � � � i r. �, �� ,'� � �'�/�� °��' � �-�� ____�--.._ --� t 1- — �� V J � / ' �---.... - ,._� --,__ ' � ,_ � �� (� � �`�J�% � ��' �. .,, —. —c�'� _-_�, t-- _�� E �. ��_� , � �, � .. _-� , � � � '� � l / � ,��''� -, r-'``� :�' (` � i I � 1 �� ' /�� .�;--s�.:....5,-' � �', j w, �; f `, �a�. .'" , � ~__ � - �' l� '' L _ a TrilS SB�iEE7 REQUIRED �OR LOGAL AGEhaCY �.. � � �,� �� -..J ,' /r�n � �� ' `, � j� �__-�--__ . REt}UIZEp lYV�CR}�AA�SON ON�_Y. � � f � '`\' ;: Y� �„� j � N :� �� % ,,��-= A- �,�,� t�'� � '; j �:r o r.�..i � ,,, t, �a:; �. , �.�-- �; N � � z ��`..� /�,� `,! f � � "� �zff o � � �''�� : ' � ��_,z�-� �AP �F N � -�p� _ �"`�,-/J ,!_ �t ,�� I =� � CYP€�ESS Ht?��1N O �� --f'� �_ J j°� '� � ' � � N � � �nr��, uF s��u-4cv. ».��Sci.e,.�r�sc�.r; D � �- r. � �� '� . , �,� ;� a Gcr:� L pa� t'En:.`tiF C�J .. --� � :�C.C,1ldEd N1 S4-ttt"v3 � l� i� �� •'� 9EIMG A i'OR710ht OF "B1G REE[} Rt�NCN� � /� �� Ih7 F2AtJCHO CC�R`CE N'9liDERFa de€ r �r F'RESit'i1Cs � j'�� a�n:?sw ceu�rs ca.uFo�:r��,a i� ,IiJ�.Y� 1988 SCti,E: i" � 5Q�' / �i'7i.7�--S7TS0�7�@ � :L`3.yi^7C�A��y�PIC. cimeaa.vwn m eas��rt+mr.� �' ra��a�.c r.r��nw.«wv-c�z-w Shr.ci � 7. FISCAL Y�AR 2020/2021 ASSGSSM�NT ROLL The Fiscal Year 202C/202 i a;se�sment roll For tl��e District is si�o�-vn in the foilowing t�able and will be � forwarc(ed to the Countv upon completion of d�e public hearing process. AI'N AD[)I2ES� �@NOlJI�T' A�'i' AI)i3IZESS Ali'It�i1o1'�' 034-012-56 220 Rancho Drive $378.00 034-394-01 10 Monterey Drive $378.00 034-012-57 I 10 Monterey Drive �378.00 034-394-02 20 Monterey Drive $378.00 034-392-02 10 Cypress Hollo�-v $378.00 034-394-03 30 Monterey Drive �378.00 034-392-03 20 Cy�ress 1-lollo�a� �378.00 034-394.04 40 Monterey Drive $378.00 034-392-04 30 Cypress fIollo�v $378.00 034-394-OS 50 Monterey Drive $378.00 034-392-OS 40 Cypress Hollo�� 37�.00 034-39=1-06 60 Monterey Drive $378.00 034-392-06 50 Cypress Hollo�a� $375.00 034-394-07 70 Monterey Drive $378.00 - 034-392-07 60 Cypress Hollo�-v b37b.00 034-394-08 80 Monterey Drive $378.00 03�}-392-08 70 Cy�ress 1�0110�� `�37�.00 034-394-09 90 Monterey Drive $378.00 034-392-09 80 Cypress Hollo�-v �378.00 034-394-10 100 Monterey Drive $378.00 034-392-10 145 Rancho Drive $378.00 034-394-11 60 Baccharis Place $378.00 034-393-0 l 1 I 0 Ranc�ho Drive $378.00 034-39�1-12 50 Bacchai•is Place $378.00 034-393-02 I 20 Rancho Drive �378.00 03�}-394-13 40 Baccharis Pl�ce $378.00 034-393-03 130 Rancho Drive $378.00 034-39�-14 30 Baccharis Place �378.00 034-393-04 140 Rancho Drive �37�.00 034-394-15 20 Baccharis Place $378.00 034-393-OS I 50 Rancho Drive $378.00 034-394-16 I 0 Qaccharis Place $378.00 034-393-0C 160 Rancho Drive �378.00 034-394-18 l85 Rancho Drive $378.00 034-393-07 170 Rancho Drive ��375.00 034-�95-01 35 Monterey Drive $378.00 034-393-08 I SO Rancho Drive �378.00 034-39�-02 45 Monterey Urive �378.00 034-393-09 190 Rancho Drive �378.00 034-39�-03 55 Monterey Drive $378.00 � 034-393-I 0 200 Rancho Drive $378.00 03�}-395-04 65 Monter�}� Drive $378.00 �)_i4-i�i-1 I �In Rai�rl�p flriyH �2"7Q (1(1 (1;�i_;Q�_(l� 7G ��.,r4 �.• e��o nn I - - I - I . I _. _ I vi� �.i � ��v�, I JJ/V.VI/ I nnnual Gn�inccr's R�port I�iscal Year 2020/2021 DraR Junc IZ 2020 L<�ndsca��ing and Lighting District. C��press Hollo�� Page 5 of 5 EXHIBIT2 R�SOLUTION NO. A RESOLIJTION OI�TH� `I'OWN COUNCIL OF TH� TOWN OF TII3URON INI'I'IATING PROCE�llINGS FOR TH� L�VY AND ASSI�,SSIVI�NT FOR TH G LANDSCAPI; AND LIGHTING DISTRICT IN CYPRESS HOLLOW I'OR FISCAL Y�AR 2020/2021 AND � OR�RING PRTPARATION OF TH�ANNUAL LNGIN�ER'S R�P012T W}-IERGAS. on .July 3, 1990 the County of Marin established a Landscape�nd Li��hting District in Cypress Hollo�v; and WFIFIZEAS. the Co��nty of Nlarin received assessments fi�oi�� the p�lrcels thei�ein 1or the purpose of operatin��and maintaining the following areas: (l) landscaping and irri�atioi� of the 2�-foot se�ve��sanitary �c�S211lC;IlT nil 1�1�(`�St��OLIt�(j�l'�i,(�l Pptr� (�p�lcr;ar�ji�b ap�l iiry•jb�ti0!;�f T�78 ��-��CO;S�OI'lll :�l".;It12��u5�111:'ili in the south��vest bounda�y area, and (3) ownership ai�d maintenance of the park site, all as part of the Cvpress Hollow Devclopment; and WI-IERF,AS, in December 1998 the Town of Tiburon annexed the Cypress Hollo�-v �1rea, anci in npril 1999 accepted tl�e Grant Deed from the Co�mty of Marin for the Cypress Hollow Public Parl<; and W}iEREAS. the Town of Tiburon, after completing annexation of the pai�cels in the Cypress I-Iollow� District, stated its intention and contin��ed the operation and maintenance activities of the Cypress f lollow Lanclscape and Libhting Dish�ict; and �� -�� W111_;R�f�nS�;�rhe�T�7wn��Coti�ncil desirPs to�r��ove��forwat�ci�with proceed�ings t� levy the�Fisc�llYear �� 2020/2021 assessments. NOW TI-IFREFORE IT lS RESOLVED, as �follows: Section l. "I�he Town Colmcil hereby initiates proceedings to levy thc F'isc�l Year 2020/2021 assessments for the Landscape and Lighting District in Cypi�ess I-]ollow. Section 2. There are no proposecl new improvements or any s�ibstantial cha��ges in existing i m provements. Section 3. The Town Co�incil directs the Town Engineer to prepare and file with the 'l�o�vn Clerk the ��nnual En«ineer'� Report for Fiscal Year 2020/2021. P/�SSF�D A1�D ADOPTED at a regl�lar meeting of the To�vn Council of the l��o�-vn of"T�ibtu�on, on June 17_2020. by the fiollowing vot�: nYF�S: COUNCiL MEMBERS: NOES: COUNCIL. MLMBERS: �1BSEN"1�: COUNCIL MEMBERS: ALICE FREDRICI�S. MAYOFZ � 'I'OWN OF TIQURON �_�_.�.ES"I�: _. --- -- _. 1_,EA STEI�nNI, TO�'�'N CLERI< l ih�iron 7uu�n(�niutcil 2esu/tNion:A�o. 06-�77��?OZQ l EXH I BIT 3 12�SOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL Ola THE TOWN OF TIBURON , DGCLARING ITS INT�NT TO L�VY ANll COLL�CT' ASSCSSM�NTS WITHIN LANDSCAP� � AND 1.IGHT'1NG DISTRICT IN TH��CYPRI?SS NOLI.,OW SU13D1VISlON AND S�TTING A TIM� AND 1'LAC� FOR PUI3LIC H�ARING � WHEREAS, on July 3, 1990 the Counry of Marii� established � Landscape and Lighting District in Cypress }-lollow; and � WHEREAS, the Co��nty ofi Marin receivecl assessments i�rom the parcels therein for the purpose of � operating and maintaining the following areas: (l) landscaping and irrigation of the 25-foot sewer sanit�iy e�sen,e�,t o„the easr bo,�n�:��y ��t:y la,:dsc� i *:r ? „ • +;�,,,�f t,� :n , I. � � �.-.� ., c.�, 115.�� C :�ibc'��v� ��` ,�v-fvCi SjJl�lii i i i:iiil�t'E�"2 2�t��iil2ili in the southwest bounda�y area, �nd (3) ownership and maintenance aF the parl< sitc. all as part of the Cypress I-lollow Development; and WI-IEREAS, in December 1998 the Town of Tib�iron anne�ecl thc Cypress 1-lollow Area, �u�d in April 1999 accepted the Grant Deed fro�r� the Gounty of Marin for the Cypress }lollow Public Parl<; and WHEREnS, the Town of Tiburoi�, a�tter completing ai�nexation of the parcels in the Cypress 1-lollow� District, stated its intentio�� and continued the operation and mlintenance activities of the Cypress � 1-Iollow Landscape and Lighting Distr�ict; �nd �� W�H�ERE�1S;The�Town Engineer has prepai�ed and��filecl��ith��tlie��I��i�vn��ClerR��ai�d�Town Council �� the ��nnual Engineer's Report for Fiscal Year 2020/2021, to which reference is hereby made for a full and , detaileci description of the e�isting improvements, the boundaries of the assessment district�, and the proposed assessments. WHEREAS, the Town Col�ncil desires to more forw�rcl ��ith proceetlings to levy the Fiscal Year 2020!2021 assessments. � NOW THEREFORE I 1' IS RESOLVED, as follows: SecTio�� 1. The Fiscal Ycar 2020/2021 assessments f��r the DisCrict will remain the same as � the f iscal Year 2019/2020 assessments. Section 2. 7��he 1��own Council approves the annual En��ineer�s Report and declares its intention to levy and collect an assessment for F'isca) Year 2020/20�1. Section 3. Notice is hereby given that on the 1" dav of Julv 2020. at the hour of 5:00 pm. or soon thereafter, in the regular meeting place ofthe To�vn Council is h�rebv �tixed as the time and place for a puhlic hearing when and where all interested ��e�sons shall be heard on the question of the levv and collection of the proposed assessments. Writ�ten protests may be filecl �-vith the To�vn Clerk at an��time � prior to the co��cl�ision o�fthe hearing. A written protest sh�ll state�lll grounds of objection and shall contain � a de�cription sufficient to identi�fy the property owned by the protestin<7 �erson or persons. � PASSF.D AND ADOP7�ED at a regular meeting of�tl�e To��n Co�incil of the"I�o�v�n of Tiburon. on � June 17, 2020, by the following vote: AYES: COUNCII, MEMF3ERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: 7��ihru,�n l ou�n C,au�cil RecoltNion;A�o. 0< 1' 7020 1 AL10E PREDRICI{S. MAYOR TOWN OF TIBURON AT'I�EST: LE� STEFANI. TOWN CLERI< � 7ibin�nn Io�rn(�ot�ncil Xc.sulruion.A�o. 0677 70?Q Z To��i� Co�u�cil Meetii�� TOWN OF TII3URON �� 17, 2020 � �� 1505 Tiburon Boulevard A�enda Item: CC - 5 � Tib�n•on, CA 94920 . �.... ' ' 0 ' To: Mayor and Members ofthe Town Council From: Office of the Town Manager Subject: A�ithorize Mill Valley Refuse Service to Delay Ai�n�ial Rate lncrease Application to First Quarte�-oi�FY 2020-21 � i,r J , Revie�ved 13y�: �� ;�� Greg Cha��is,Town Manager Benjamin Stock,To�un Attorney SUMIVIARY Tl�e Council will consider allo��ing Mi11 Valley Refuse Service to delay tl�eir FY 2020-21 rate increase application to later in FY 2020-21. The Town's tranchise agreement ordinarih only allo��-s one rate applicatioi� per tiscal year, so tl�is reqtiest woulcl preserve MVRS's right to request another rate increase for FY 2021-?? next spring. RECOMMI?ND�D ACTION(S) 1. Authorize Mill Valley Refuse Ser•vice's request to delay their rate increase applic�tion for TY 2020-21 to later this year,white still preserving tl�eir right to submit a rate increase a lication for FY 2021-22 b �do tion of this item on the consent calenclar. BACKGROUNll In 201 1_ the Tc�wn entered ii�to a fi-anchise agree��ent with Mill Valley Rel�use Service (MVRS) to provide trash-hauling services to Tiburo�� l�esidents. The agreement (�shibit l) allo��s MVRS to submit one application foi�a rate inc�-ease per tiscal year. The application ordinarily must be received by �lpril 1 oi�the precedin� fiscal year. The Council typically revie�-vs the r��te ii�crease application ii� June, and the ��ew rates bo into effect oi� J�lly 1. Per the a�rreem�nt. MVRS presented their FY 2020-21 rate increase application to the eities and to��ns they ser��e on April l, 2020. Rate increases are determined by pro,jected costs vs. pro,jected revenucs of M��RS operations for the comin;year. MVRS� April rate increase applicatioi� i'equested an appro�imate 8% ratc incrcase. informed by then-current March 2020 reven��e numbers. Mr. lavarone of Mill Valley Rei�use Service explai»ed the revenue numbers used represented the loss of revenue MVRS was eape�-iencing at the time due to the shelter-in-place orders and ti-om school and business closures. After submitting their April 1 application, and prio�-to the request bein<r heard by Council, MVRS request�d the Cow�cil delay consideration ofa FY2020-21 rate increase application until To��n orT�a��zon� Pt�c�; l or3 � later ii� the year. MVRS intends to submit a revised FY2020-21 rate increase applicatioi� in 1uly. which will ailow MVRS ro better an�lyze thc economic impact ofthe COVID-19 pandemic and sl�elter-in-place orders on their projected costs and revenues tor the coming year. It is their hope that this ��il) bcttei- in�fo�-m a (proratcdl rat� increase a�pli�ation �vith actu�! 1-e��enue i�umbers over the last fe�� months, rather than projections based on March revei�ue. MVRS has indicated that ifcommercial businesses (a��d/or schools) be�in resuminb normal � operations, the ��ate increase application could be as low as 6%, as opposed to the 8% increase request that was included in the April submission. Per the a�reemei�t; MVRS is permittecl oi�e rate i��crease appiication per fiscal year. Given they are now requestinb to c�elay their c�u�rent rate increase proposa) into the first q��art�r of the next tiscal year, MVRS req�iests that in order to avoid actinb on the cu��rent req�iest, its me»�bers sl�ould allow an additional rate inerease applic�tion for FY 2021-22 next spri��b (d��-inb FY 2020- 21). ANAI,1'SIS � Toni�ht, the Council is �isl<ed to approve the requesC by MVRS to del�y their F�Y 2020-21 rate inc�-easeapp(ication (received in A}�ri12020)-to�later-i�ia�th��ca�lenciar��year;�whi�lestill presel�v�in«�� -� - �� _ their right to submit a rate incrcase application for FY2021-22 in Sprinb 2021. If the request is approved, the revised rate increase application would be considel-ed by the Council at a p�iblic hea�•ing in Aubust or September, and approval of the rate ii�crease application would r�esult ii� a p�-oi��te� i»c��e�se for tl�e re�?�ainder of the f�iscal year (October 2020—June 202�1). If the Co�incil does i�ot wish ro approve the request, it should pull this item �t�roin the Consent Calei�dar and direct staff to notice a special meetinb prior to July l, 2020, and hold a Public }-Iearing on the existinb rate increase application (for approx. 8%) s�ib»�itted by MVRS on �pril 1, 2020. FINANCIAL IMPACT Sta'tf ai�ticipates no direct iiscal impact to the Town. �� NVIRONM�NTAL R�VITW Staff has preliminarily determincd that adoption of this item is statutorily exempt fi�om the � requiremei�ts ofthe California Envii-onmental Quality Act (CCQA) pursuant to Section 15378 of the CEQA Guidelines in th�it it docs not constitutc; a pro,ject undei-CEQA. '�t�;C()lYdl`✓I�N�ATI()l0i Staff�reconvnends that the �l,own Council authorize Mill Vallev Re'fuse Service's reai�est tn �lelav their r�te increase application for FY 2020-21 to later this �ear, while still preserving their ribht Co s�ibmit a rate increase application for FY 2021-22 by adoption ofthis item on the eonsent calendar. E.X�LbIT(S�: "I,o�� orTi�il;Ezo�� Nt�ct.2 or• 3 L Franchise Agreement��ith Mill Valley Refuse Service(see Section I6) ?. Communication froi�� .lim lavarone, Niill Valley Refuse Seivice Prepared [3y: Lea Stefani,Town Clerl< ,To�� or T�r�t:rto� Pnc E: 3 or 3 EXHI � I�f 1 SOLID WASTE MANAGEMENT AGREEMENT BFTWEEN THE TOWN OF TIBURON AND MILL VALLEY REI�USE SERVICE, INC. July 1, 2011 TABLE OF CONTENTS SECTION 1. GRANT AND ACCEPTANCE OF EXCLUSIVE RESIDENTIAL AND COMMERCIAL FRANCHISE..................................................2 SECTION 2. DEFINITIONS....................................................................................._5 J�LTi�Ii�I J. 1 t'.K1V1 ............. ................................ .................................................9 SECTION 4. OWNERSHIP OF SOLID WASTE ....................................................9 SECTION 5. DUTIES OF COLLECTOR AND SERVICES PROVIDED BY COLLECTOR....................................................................................... 10 SEC`I'ION 6. DUTIES OF TOWN............................................................................ 18 SECTION 7. COMPLIANCE WIT'H LAWS AND REGULATIONS..................... 19 SECTION 8. TERMINATION FOR NON-PERFORMANCE................................ 19 SECTION 9. INSURANCE AND BOND ................................ .........20 ....................... SECTION 10. RIGHTS OF TOWN TO PERFORM DURING EMERGENCY .....22 SECTION11. PRIVACY..........................................................................................25 SECTION 12. HAZARDOUS SUBSTANCES INDEMNIFICATION ...................26 SECTION 13. FRANCHISE AND OTHER FEES...................................................26 SECTION 14. EXAMINATION OF RECORDS .....................................................30 SECTION 15. RIGHT OF INSPECTION.................................................................32 SECTION 16. IZATE ADJUSTMENT AND REVIEW ...........................................33 SECTION17. BILLING ...........................................................................................42 SECTION18. AB 935...............................................................................................42 SECTION 19. ASSIGNMENT................................._ �z _ --.........................................-�� SECTION 20. FURTHER BENEFITS .....................................................................45 . SECTION 21. COLLECTION EQUIPMENT....................................... ........46 SECTION 22. SERVICE EXCEPTIONS; HAZARDOUS WASTE NOTIFICATIONS.............................................................................46 SECTION 23. PUBLIC ACCESS TO COLLECTOR..............................................47 SECTION 24. INDEMNIFICA"TION .......................................................................48 SECTION Z5. CHANGES IN LAWS.......................................................................50 SECTION 26. EXCUSE FROM PERFORMANCE.................................................50 SECTION 27. GENERAL PROVISIONS. ...............................................................51 SOLID WASTE MANAGEMENT AGREEMENT THIS SOLID WASTE MANAGEMENT AGREEMENT (hereafter referred to as this "Agreement"} is made and effective as of this 15' day of July; 201 1, by and between the Town of Tiburon, a municipal corporation, hereinafter referred to as "Town" or "the T'own," and Mill Valley Refuse Service, Inc., a California corpoi-ation, hereinafter referred to as "Collector." WITNESSETI-�: WHEREAS, the Legislature of the State of California, by enactment of the California lntegrated Waste Management Act of 1989 ("AB 939"), has declared that it is within the public interest to autharize and require local agencies to make adequate : provisions for solid waste handiing within their jurisdictions; and WHEREAS, exclusive franchises may be granted for solid waste handling pursuant to section 40059 of the Public Resources Code of the State of California and the granting of said exclusive right is inte�ided io enable Town to better regulate the collection, removal and transportation for disposal of said soIid waste inasmuch as it is in the public's interest; and WHEREAS, the granting of an exclusive franchise to Collector is in the best interest of Town and its citizens in that such a grant (i) furthers the Town's desire to mitigate the potentially adverse impacts that unrestricted refuse equipment and vehicles might have on Town's infrastructure, and (ii) furthers the pr•evention of actual and potential public health hazards and nuisances, and thereby promotes the public health, safety and well-being, by providing for collection and transportation for disposal of refuse within the Town; and WHEREAS, it is the desire of Town to ensure compliance with provisions of the laws governing the safe collection, transport, recycling and disposal of solid waste, including AB 939 as it now exists or as it or its successor legislation may be modified or enacted in the future, the Resource Conservation and Recovery Act, and the Comprehensive Environmental Response, Cornpensation and Liability Act ("CERCLA"), with the express purpose in mind of ineeting the waste-diversion goals established by the State of California; and WHERF,AS, Collector agrees and acknowledges that, to the extent required by and otherwise in accordazace with the terms of this A�reement; it shall collect; tr�_n_.s_fer, �z�� transport for disposal all solid waste generated within the boundaries of Town and that Town is not instructing Collector how to collect or where to dispose of solid waste; and 1 WHEREAS, Collector has represented and warranted to Town that it has the experience, responsibility and qualifications to arrange with residents and with commercial, industrial, institutional and other entities in.Town for the collection and saf e transport to disposal facilities of solid waste, and Town deternunes and finds that the public interest, health, safety and well-being would be best served if Collector were to make arrangements with such residents and other entities to perform these services; and WHEREAS, Town and Collector or its predecessors had heretofore entered into an agreement dated November 12, 1965 (the "First Agreement"), granting the exclusive right of arranging for tl�e collection, removal and disposal of solid waste fronn within Town to Coilector, and Collector has been satisfactarily serving the residents of the Town as its official garbage collector continuously since 1965; and WHEREAS, on llecember 6, 1995, the parties hereto replaced and superseded the First Agreement by a new written agreement (the "Existing Agreement"), which the parties have amended nulnerous times, and on September 5, 2003, Town gave notice of cancellation to Collector pursuant to Section 2 of the Existing Agreeinent, such that the Existing Agreement is now scheduled to terminate on December 31, 2012; and WHEREAS, Town and Collector now desire to enter into this Agreement as a new agreement to become effective at 12:01 a.m. on July 1, 2011 (the "Effective Date"), and desire that, commencing with the Effective Date, this Agreement shall replace and supersede the Existing Agreement (including all amendments, addenda and modifications thereto); NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained; and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, Town and Collector agree as follows: SECTION 1. GRANT AND ACCEPTANCE OF EXCLUSIVE RESIDENTIAL AND COMMERCIAL FRANCHISE. A. Grant. Town grants to Collector, for the term of and in accordance with this Agreemcnt, an exclusive privilege and duty to make and enter into independent arrangements with residents or owners of Single-Family Units, residents or owners of Multi-Fal��ily Units, and persons or entities owning or in charge of commercial, industrial, institutional and other entities in Town (hereinafter referred to collectively as "customers"), for the collection, transportation and removal to Disposal Facilities, or in the case of Recyclables to a Recycling center, of all Solid Waste generated or accumulated within 'I'own as its boundaries are now constituted or may hereafter be amended (the "Franchise Area") (except Recyclables and Green Waste to the extent expressly excluded from the exclusive franchise pursuant to Section 1.0 below). 2 B. Cornpliance. Collector and Town each acree to be bound by and comply with all the requirements of this Agreement. C. Exclusive Franchise; Exceptions. Notwithstanding anything to the contrary stated herein, the franchise granted herein shall be exclusive except as to the following categories of Solid Waste listed in this Section I.C, which Collector may but shall not be obligated to collect, transfer, transport or dispe�se oi. The granting of this franchise shall not preclude the categories of Solid Waste listed below from being delivered to and collected and transported by others; provided th�t nothin� in thi� A�reett,ept ;� ;r-,r�,��P�t to or shall be construed to excuse any person or entity from obtaining any authorization from Town that is othez-wise required by law: (1) Recyclables separated from Solid Waste by the Waste Generator and for which the Waste Generator donates, sells or is otherwise compensated by a collectar in a manner resulting in a net payment to the Waste Generator; (2) Containers delivered for recycling under the California Beverage Container Recycling Litter Reduction Act §§ 14500, et seq. of the California Public Resoui-ces i.ode� (3) Green Waste removed from property by a gardening, landscaping or tree trimming company as an incidental part �f a total seivice offered by su�h company rather than as a hauling service; (4) Construction debris and demolition debris removed frozn a property by a licensed demolition or construction company using its own employees and equipment as an incidental part of a total service offered by such company rather than as a hauling service; (5) Animal carcasses, waste, and remains; (6) By-products of sewage treatment, including sludge, sludge ash, grit and screenings; (7) Hazardous Waste; (8) Solid Waste generated by public schools; and (9) Materials placed in debris boxes provided by Grange Debris Box & Wrecking Co., Incorporated ("Grange") or its successor in interest. With the exception of debris box services under Section I.C(9), Collector acknowledges and agrees that Town may permit other persons oi-entities besides 3 Collector to collect any or all types of the Solid Waste excluded from the scope of this Agreement (as set forth above) without seeking or obtaining approval of Collector under this Agreement; provided, however, that before permitting other persons oi- entities to collect any Solid Waste excluded from the scope of this Agreeinent, Town shall provide Collector with reasonable advance notice thereof and an opportunity to present a competitive bid. Debris box services under Section 1.C(9) shall be exclusive to Collector with the � exception of Grange. With respect to Grange, Town shall (i) notify Grange within thirty (30) days of the date that the rates are established in accordance with Section 16 that these shall be the same rates to be chaz-ged by Grange for its debris box selvices within the Franchise Area (subject to the following provisions of this paragraph of Section 1.C), and (ii) charge Grange a percentage of debris box services income on all debris boxes provided by Grange within the Franchise Area that is equivalent to the percentage of debris box services income that is payable by the Collector as the Franchise Fee under Section 13.A. In the event that Grange uses different sizes of debris boxes than those specified in the established rates, Town shall request a list of sizes and proposed rates from Grange that are reasonably proportionate to the Collector's debris box rates and shall set forth in a writing to Grange the rates that Grange may charge for debris box services, which rates shall be reasonably proportionate to the rates established by Collector when comparing the sizes of debris boxes of Grange to the sizes of debris boxes of Collector. D. Chan�es in I_,aw. Notwithstanding any other provision of this Agreement, this grant to Collector of an exclusive franchise, right, and privilege to collect, transfer, transport and dispose of Solid Waste shall be interpreted to be consistent �vith state and federal laws, now and during the term of this franchise, and the services provided hereunder and all provisions applicable to such services (including rate and fee establishment and adjustment provisions) shall be limited by current and developing state and federal laws with regard to Solid Waste handling, exclusive franchise, SoIid Waste flow control, fees and rate setting, and related doctrines. In the event that future interpretations of cuT-�-ent state and federal law, enactment or developing legal trends or other judicial decisions or orders with respect to state or federal Iaw limit the ability of Town to lawfully provide for the scope of franchise services or to comply with any of the provisions applicable to such services (including rate and fee establishment and adjustment provisions) as specifically set forth herein, Collector agrees that the scope and extent of the franchise shall be limited to those services that may be lawfully provided for under this Agreement and the provisions applicable to such services (includin� rate and fee establishment and adjustment provisions) shall be limited by applicable state and federal laws in effect at the tilne such services are provided. Collector furthel- agrees that Town shall not be responsible for any lost profits claimed by Collector to arise out of further limitations of the scope or extent of services of the Agreement set forrth herein. In 4 such an event, it shall be the responsibility of Collector to ininimize the financial impact to those remaining services beinb provided as much as possible. Nothing in this Section 1.D is intended to (i) alter, modify; resti-ict or otherwis� aff�ct t1_�e Coi_lector's or Town's rights under any of the provisions of Scction 25, or (ii) require Coilector to perform services hereunder without i-eceiving a fair return in accordance with Section 16.C. SECTION 2. DEFINITIONS. As used throughout this Agreement, thP f�ll�u�;n� rP,-_,,,� �hu�� piuT�JP �� ;�,��u i,ilb� set forth below: � (1) "AB 939" is defined in the Recitals. (2) "Allowable Costs" is defined in Section 16.G(1). (3) "Base Rates" is defined in Section 16.D. � (4) `Base Rate Change Application" is defined in Section 16.E(1). (5) "Bulky Goods" means items of non-organic, dry, non-putrescible debris that do not fit in a customer's �veekly collection container, and does not include Green Waste, Hazardous Waste or Household Hazardous Waste, cement, rocks, dirt, construction debris, ashes, auto parts, oil, batteries of any kind or tires, or any other item expressly excluded from time to time as eligible for curbside clean-up collection on Collector's website. (6) "Business Day" means a day other than a Saturday, Sunday or legal � holiday on which Collector is closed. (7) "Commercial Propei�ty" refers to all properties that are not included in the definition of"Residential Property" or "Mixed-LJse Property," with the exception of Town-owned property. (8) "CPP' means the Consumer Price Index for All Urban Consumers (1982-1984 = 100), San Francisco, Oakland, San Jose, California, All Items, published by the United States Department of Labor, Bureau of Labor Statistics. Unless otherwise stated herein, whenever a CPI adjustment is to be applied under any provision of this Agreement, the percentage increase in the index over the relevant period most recently available shall be used (for example, if the adjustment is annual, the increase over the most recently available twelve (12) montn perioci shali be used). Ifthe CPI is discontinued during the term of this Agreement, then "CPI" shall mean such other reliable governmental or other 5 nonpartisan publication evaluating changes in the cost of living as is 1-easonably agreed upon by the parties hereto. (9) "Disposal Facility" means any facility (including a transfer station) licensed by the State of California; and the local jurisdiction in which it is located, to receive Solid Waste. (10) "Dispose" or "dispose of' means to dispose of or to transport and deliver to another for disposal. (11) "Piscal Year" means January 1 st through December 31 s`. (12) "Franchise Area" is defined in Section 1.A. (13) "Franchise Fee" means the fee or assesslnent imposed by Town on Collector soleIy because of Collector's status as a party to this Agreement and which, inter alia, is intended to compensate Town for costs associated witll: 1) the oversight, operations, and maintenance of this franchise and this Agi-eeznent; and 2) maintenance of its residential streets and roadways associated with weal-, tear, and deterioration arising out of the operation of Collector's vehicles on residential streets and roadways while performing services under this Agreement. (14) "Franchise Transfer Fee" is defined in Section 19.H. (15) "Garbage" means and includes any and all garbage, debris, refuse, putrescible and non-putrescible debris, grass or weed cuttings, tree and brush trimmings, roofing, construction and demolition wastes, and all other- waste materials such as metal, glass, crockery, sweepings, paper, wood, clothing, packaging materials, ashes, wrappings, containers, cartons and similar articles, but does not mean and excludes the following: Recyclables placed in al� approved recycling container, Hazardous Waste and Hazardous Materials, Household Hazardous Waste, Green Waste and sewage. (16) "Green Can" means any receptacle pi-ovided by Collector for the periodic collection of Green Waste. (17) "Green Waste" rrzeans and includes any and all plant matter that is compostable, and includes grass, shrub, bush and weed clippings, tree trimmings and cuttings (not exceeding three (3} inches in diameter); and food waste, in each case to the extent compostable; but does not mean and excludes dirt, rocks, any other material that is not plant, tree or food waste, any plant waste greater than three (3) inches in diameter, and any other item expressly excluded from time to time as collectible Green Waste on Collector's website. 6 (18) "Gross Receipts" means any and all revenue received by Collector for performing the collection services within the Town described in Section 5 of this Agreeznent; provided, however, that revenue.received by Collector as a result � of Collector's collection, sale or disposal of Recyclables collected within the Town shall not be included in the definition of"Gross Receipts." In addition, for purposes of clarification, any amounts received by Collector for rentai of portable ioilets and Storage �;ontainers (in each case whcther or not within the Franchise Area, as defined below} are not included in the definition of"Gross Receipts." In r}�P_, P_.VPYIt t}t;,tt �r��rtnr rl�c,rP� tn ��luue 4,�C,i, �iii� u�,iAixiiivii vi vi�SS i�cC�lj�i5 any other source of revenue ar compensation ot`herwise falling within the definition of Gross Receipts, Collector must first obtain Town's written approval to do so, which approvai may be withheld for any or no reason. By including the immediately preceding sentence in this Section 2(18), Town is in no way implying that any revenue or compensation derived by or paid to Collector for the activities described in this Section 2(18) may or will be excluded from the definition of "Gross Receipts," except as specifically excluded herein. , (19) "Hazardous Waste"or_``Hazardous Materials" ineans aily waste materials or mixture of wastes defined as such pursuant to the Resource Conservation and Recovery Act, 42 U.S.C. �� 6901, et seq., the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §§ 9501 et szq., a�1� t�e �aliiornia Heaith & Saiety i.ode §§ 25110.02, 25115 or 25117, and all future ainendments to any of the same or regulations promulgated under any of the same, or as def ned by the Environmental 1'rotection Agency, the California Environmental Protection Agency, and the California Integrated Waste Management Board, or any of them. Where there is a conflict in the definitions employed by two (2) or more agencies having jurisdiction over Hazardous Waste or Solid Waste, the term "Hazardous Waste or Materials" shall be construed to have the broader, more encompassing definition. "Hazardous Waste" or "Hazardous Materials" does not mean or include Household Hazardous Waste. (20) "Household Hazardous Waste" means certain types of hazardous waste listed on Collector's w�bsite from time to time as eligible for curbside pick- up, such as consumer electronic waste, including computers, monitors, printers and cell phones, latex paint, used motor oil, oil filters, common household batteries (but not car batteries), fluorescent light bulbs under four (4) feet in length, and non-empty aerosol cans. /71\ <<R6:_.�.1 TT__ Tl____ _ �i ��,J ��,�xcU-v�c r��iy means properties tnat contain both living units and commercial or non-living units. 7 (22) "Multi-Family Units" means dwellincs that (i) include four (4) or � mc�re individual living units and (ii) reeeive and pay Collector's invoices as a single, collective bill. (23) "Non-Allowable Costs" are all costs designated as such in Section 16.G(1). (24) "Operating Margin Method" is defined by Section 16.G. (25) "Pass-Through Costs" means costs to which no element of overhead, administrative expense, profit or ather cost is added, nor with z�espect to which any other amount is credited, such that the specific amount of such cost is included without modification in the calculations (e.g., in the calculation o1- settiz�g of rates) or reports to which such costs pertain. (26) "Rate Year" means the twelve (12) month period beginning on July 1 in one (1) year and ending on June 30 of the immediately following year. (27) "Recyclables" means materials that are reused or processed or in the future will be reused or processed inta a form suitable for reuse through re- processing or remanufacture, consistent with the requirements of AB 939, as may be amended from time to time, and specifically means paper, newsprint, printed matter, pasteboard, paper containers, cardboard, glass, aluininurn, plastics, beverage containers, compostable materials, materials designated as recyclables by the California lntegrated Waste Management Board or other agency with jurisdiction, and other recyclable materials, in each case to the extent listed as acceptable for recycling on Collector's website from time to time. (28) "Recycling" means the collection and processing of any Recyclables outside of the premises from which such materials have derived. (29) "Residential Property" means all Single-Fam�ly Units and Multi- Family Units. (30) "Single-Faznily Unit" means a dwelling that is not a Multi-Family Unit as defined above (i.e., a dwelling that includes three (3) or fewer individual units or an individual unit in a multiple residential unit property which property does not receive and pay Collector's invoices as a single, collective bill). (31) "Solid Waste" means all Garbage, Recyclables and Green Waste and as otherv✓ise defined in Public Resources Code § 40191 and "garbage" as defined in Health & Safety Code § 6406 (except that in no event shall Solid Waste include Hazardous Waste, Hazardous Materials or Household Hazardous Waste). 8 (32) "Stoi�age Container" ineans a portable enclosed storage unit for� temporary on-site storage. (33) "Waste Generator" means any person or entity as defined by the Public Resources Code whose act or process produces Solid Waste or whose act first caused Solid Waste to become subject to regulation. SECTION 3. TERM. A. The terrn of this Agreement shall comm�nce on the Effective Date and shall last ten (10) years, unless extended as set forth in Section 3.B or sooner terminated as set forth by this Agreement. B. The initial ten (10) year term shall be automatically extended for two (2) additional five (5) year periods unless the Town gives written notice to Collector in accordance with the next sentence that the 'I'own has determined not to extend this Agreement. In the event that the Town elects not to extend this Agreemerit for both of the five (5) year renewal periods, the Town shall give written notice in the manner set forth by �ection 27.D of iis exercise oi non-extension rights under this Section 3.B by no Iater than June 30, 2016; in the event the Town elects not to extend the Agreement for the second five (5) year renewai period only, the Town shall give written notice in the manner set forth by Section 27.D of its exercise of nc�n-extension rights under this Section 3.B no later than June 30, 2021. If the Town does not timely deliver a notice of non-extension by tl�e deadlines listed in the foregoing sentence, then the term of this Agreerrzent shall automatically extend for an additional fve (5) year period, as applicable, without any action of either party, and the terms, conditions and provisions of this Agreement shall continue to apply through the end of such extended term. Any agreement to extend the tel-m of this Agreement except as specifically set forth in this Section 3.B rnust be in writing and signed by both parties hereto. SECTION 4. OWNERSHIP OF SOL1D WASTE. A. Once Solid Waste is placed in authorized containers and properly presented for collection, ownership and the right to possession of said Solid Waste shall ti-ansfer directly from the Waste Generator to Collector by operation of this Agreement. Collector- is hereby granted the right to retain, possess, dispose of and otherwise use such Solid Waste, or any part thereof, in any lawful fashion or for any lawful purpose desired by Collector. Subject to the provisions of t}�is Agreement, Collector s�jall have �he right to retain any benef t resulting from its right to retain, possess, dispose of or use the Solid �rUaste that it collects. Any cast �avinos res,�lt;pg f,-�r, �tP�_�a�P� �y�r�neal �; uaA�;A„�u r.,.,u. disposal costs shall offset Collector's operating expenses. 9 B. Throughout the ter�n of this Agreement it shall be Collector's sole responsibility and duty to dispose of the Solid Waste collected by virtue of this Agreement and to do so in a safe manner and in compli�nce with all federal, state and local laws and regulations. In this connection, Collector agrees that it shall dispose of all Solid Waste collected in the Franchise Area at a Disposal Facility that is fully licensed and appropriately permitted and is not in material violation of any health, safety or hazardous materials laws, rules, regulations or orders. Any site where Collector disposes of Solid Waste collected from the Franchise Area must have approved closure and post- closure maintenance plans requircd by 14 California Code of Regulations §§ 18260, et seq. and must have subinitted evidence to the appropriate governing authorities of adequate provisions to finance the closure and post-closure maintenance of the site as required by said Code of Regulations. Furthermore, said closure and post-closure arrangements must have been approved by the state and local permit enforcement agencies having jurisdiction. Collector shall conduct the investigation and due diligence necessary to assure that this Section 4.B is complied with. Evidence of compliance with state reguIations regarding closure and post-closure funding and financial assurances shall be provided to Town by Collector upon request. C. Town may direct Collector to perform additional services or modify the manner in which it perfor�ns existing services, subject to the provisions of this Section 4.C. Collector shall respond to such a direction from Town in writing within thirty (30) days. Pilot programs and innovative services that may entail new collection methods, different kinds of services, or new requirements for Waste Generators are included among the kinds of changes that Town may direct. Collector shall be entitled to reasonable compensation for providing any additional services, and, if necessary, may request a rate adjustment in accordance with Section 16.E(4). Collector shall commence the new or changed service prosnptly after the appropriate rate adjustment is determined by Town Council. Collector acknowledges and agrees that if Collector and Town cannot agree on terms and conditions of such services within sixty(60) days from the date when Town first requests a proposal from Collector to perform such services, Town may permit persons or entities other thari Collector to perform the additional services that Town had proposed that Collector perfonn. Collector and Town fizrther agree that if Collector's proposed rates to perform such services are objected to by Town pursuant to Section 16.N and not established as a result of such objection, CoIlector shaIl not be required to perform such services. SECTION 5. DUTIES OF COLLECrI'OR AND SERVICES PROVIDED BY COLLECTOR. A. General Duties of Collector. Subject to Sections 1, 4 and 7 herein, Collector shall, during the term of this Agreement, have the sole and exclusive right and 10 obligation to perfoi-�n the following duties within the Franchise Area, all in compliance with Section 7 of this Agreement: (1) Collect Garbage and transport far disposal; (2) Collect Green Waste and transport foz- disposal; (3) CoIlect RecycIables and transport for disposal; (4) Collect and dispose of Solid Was�e placed in debris boxes owned or rented by Collector; and (5) Those services set forth in Section S.B(5). B. Services Provided by Collector. The nature of the services Collector offers and provides to customers residing ar doing business in the Franchise Area shall be as described below; provided, however, that Collector shall not be required to provide any services in a mannei•that would violate any applicable law. (1) Onee-a-Week Service. Collector shall provide the following services on a weekly basis: �a) Fcesideniial t�roperty. Lollector shall collect and reinove all Garbage from each occupied Residential Property. For Single-Family Units, said colIection shall be from twenty (20), thirty-two (32) or forty- five (45) gallon containers (or such other sizes as may be designated from time to time by Collector) reasonably approved by Town and purchased by customers, which containers shall be placed at the curb, at a visible location, or at an accessible side or backyard location or other storage site mutually agreed upon between Collector and the customer, by the customer by 6:00 a.m. on customer's regular collection day. For Multi-Family Units, said collection shall be from thirty-two (32) or forty-five (45) gallon containers purchased by customers or from one (1) or two (2) yard containers rented from Collector by customer (or such other sizes as inay be designated frozn time to time by Collector and reasonably approved by Town), which containers shall be placed at a storage and collection site mutually agreed upon between Collectar and the customer ai�d sl�all be weighted and loaded in a manner such that the co�t�iners can be la�n�fully loaded onto Collector's trucks. For Single-Family Units and Multi-Family Units, additional bagged Garbage not fitting in a customer's re�ular collection container may be removed by Collector at the time of regular collection for an additional eharge per bag, provided that customer has requested such removal by calling Collector prior to 1:Q0 p.m. on the 11 Business Day prior to such regular collection. The additional charge per bag shall be communicated by Collector to customer and shall be agreed upon by customer during the call that the customer makes such request and Coliector shall, during such call, inform the customei- of the option of using any remaining free-curbside service applicable to such custoiner under Section S.B(2) of this Agreement. Collector shall be entitled to charge a reasonable rental fee for any containers that Collector provides to Multi- Family Units (b) Commercial Units. Collec�or shall collect and reinove all Garbage from each occupied Commercial Property. Said collection shall be from thirty-two (32) or forty-five (45) gallon containers purchased by customer or from one (1) or two (2) yard containers rented from Collector by customer (or such other sizes as may be designated from time to time by Collector and reasonably approved by the Town), which contai7iers shall be weighted and loaded in a manner such that the containers can be lawfully loaded onto Collector's trucks. In addition; sueh containers shall be placed at the curb or at a storage site mutually agreed upon between Collector and the customer. Collector shall be entitled to charge a reasonable rental fee for containers that Collector provides to Commercial Properties . (c) Recvclables. Colleetor shali collect and remove Recyelables from each occupied Residential Property and Commercial Property (except for Recyclables that are exempt from this Agreement under Section 1.0 above). Said collection shall be from thirty-two (32) or forty-five (45) gallon containers (or such other sizes as may be designated from time to time by Collector) approved by the Town and supplied by Coilector, which containers (i) in the case of residential customers, shall be placed at the curb. unless another storage site is nlutually agreed upon between Collector and the customer, by the customer- by 6:00 a.m. on customer's regular collection day, and (ii) in the case of commercial customers, shall be placed at the curb or a storage site mutually agreed upon by Collector and the customer. (d) Green Waste Service. Collector shall collect and remove sepai-ated Gr-een Waste from each occupied Residential Property and each Cammercial Property. For Single-Family Units, said collection shall be from a thirty-two (32) or sixty-four (b4) gallon (or such other sizes as may be designated from time ro time by Collector and reasonably approved by Town) Green Can provided by Collector and placed at the curb, unless another storage site is mutually agreed upon between Collector and the customer, by the customer prior to 6:00 a.m. on the customer's regular 12 pick-up day. For Multi-Family Unit and commercial customei-s, such collection shall be from thirty-two (32), sixty-four (64) or ninety (90) gallon Green Cans (or such other sizes as z�ay b� d�signater_1 from time t� time by Coilector and reasonably approved by Town) provided by Collector and placed at a mutually agreed-upon storage site. For Single-Family Units and Multi-Family Units, additional bags or tied bundles of Green Waste not fitting in a residential customer's regular collection container may be removed by Collector at the time of regular collection of Green Waste for uT'i ui�t�iiiivilai �iiai�c �,ci va� Gi ui13iu1G, �iOVIC1�C1 L'tldi SUCiI CUSt0121eI' I1aS requested such removal by calling Collector prior to 1:00 p.m. on the Business Day prior to such regular collection, and further provided that such additional Green Waste is placed next to the customer's Green Can in a tied bundle not exceeding two (2) feet by five (5) feet. The additional charge per bag or bundle shall be communicated by Collector to customer and shall be agreed upon by custamer-during the call that the customer makes such request. . (2} Twice-Per-Year On-Ca11 Single-Family Residerltial Gurbsicie Collection Service. Up to twice per year, upon advance request of the customer no later than 1:00 p.m. on the prior Business Day and on those regularly scheduled days that Garbage is otherwise collected from each Single-Fan�ily Unit Residential Property, Coilector sha11 coilect and remove from each Single-FamiIy Unit Residential Property up to three (3) cubic yards of Bulky Goods originating from said property, provided such Bulky Goods are bagged, boxed in disposable containers, or tied in bundles that do not exceed five (5) feet in Iength, and provided further that such bags, boxes and bundles shall not exceed sixty (60} pounds in weight and shall be placed at the curb by the customer prior to 6:00 a.m. on the customer's regularly scheduled collection day. In order to avoid the customer charge applicable to pick-up of additional Garbage under Section S.B(l)(a) of this Agreement, the customer must infolm Collector at the time of request that the customer is requesting his or her twice-per-year free curbside collection. Collector sha11 inform customers of the twice-per-year free curbside collection option through its newsletter and its website. (3) Christmas Tree Pick-U�. At any tiine comi�encing the week aftei� New Year's Day each year, Collector shall collect Christmas trees placed next to residential customers' Green Cans; on the regular Green Can collection day for each residential customer; provided, however, that Christmas trees will only be collected if(i) they are either no longer than �ve (5) feet in length or, if longer tnan five (5) feet, are cut into two (2) or rnore substantially equally sized sections no longer than five (5) feet in length each, and (ii) all ornaments, tinse] and metal stands have been removed. 13 (4) Mixed-Use Properties. Mixed-Use Properties may be treated for purposes of collection and billing as two (2) distinct properties: a Residential Property and a Commercia] Property, with each component treated as residential or colnrnercial in accordance with the terms of this Agreement. (5) Town Functions and Operations. (a) General Collection of Solid Waste. Collector shal] collect, remove and dispose of all Solid Waste from appropriate containers located at or originating from the buildings, properties, official functions and operations of Town, whether or not such buildings, properties, official functions or operations are owned, held or performed by the Town on the date of this Agreement or are subsequently acquired or corninenced, including Solid Waste generated by the maintenance of existing or future Town buildings. Collector shall provide said services and approved Recyclables containers and authorized Solid Waste containers at the said Town facilities at no charge to Town. Said services shall be at a frequency and from sites delineated by Town's Director of Public Works and i-easonably acceptable to Collector, with the exception of collection fronl Town Solid Waste containers located along shoreline park in the downtown, which shall be emptied each Saturday and Sunday throughout the year. All Collector's costs for services provided under this Section S.B(5)(a} shall be considered Non-Allowable Costs under the terms of this Agreement. (b) Storm-Drain Cleanin� Services. Collector shall provide storm-drain cleaning services for all Town storm drains as directed by the Director of Public Works of Town or his/her designee. Collector's costs of the salary payable by ColIector to its personnel for the first fifteen (15) hours of providing the services described by this Section S.B(5)(b) for each calendar year shall be considered Non-Allowable Costs under the tenns of this Agreement; all costs of Collector after such fifteen (15) hour litnit per calendar year shall be Allowable Costs. (c) Debris Boxes. Collector shall annually provide and service; at no cost to "I�own, all debris boxes at the Tiburon Corporation Yard; in whatever sizes are requested by the Town, provided that such sizes a1-e reasonabiy approved by Collector and such containers are weighted and loaded in a manner such that the containers can be lawfully loaded onto Collector's trucks. Collector agrees to provide �'own an unlimited nunnber of debris boxes for Town's operations and activities, as Town inay request. Collector's costs of providing the services described by this Section 14 SB(5)(c) shall be considered Pass-Through Costs under the terms of this Agreement. (d) Street Sweeping. 5ubject to adequate parking regulations and enforcement by the Town to facilitate such services, Collector shall perfonn street-sweeping services within certain designated areas of Town as set forth on Ex�iibit E. Street-sweeping services shall be performed monthly, as set forth on Exhibit E, except that the downtown area specified in �x'�.6�:t � ��a1I be sw��,t �w;cc j�zr wcck. ;iii ui iiie saiary payanie by CoIlector to the operator of the street-sweeping vehicie (or, if such person performs other functions, the portion of such person's salary attributable to street sweeping) shall be considered Non-Allowable Costs under the terms of this Agreement; all other costs of providing the services described by this Section S.B(5)(d) shall be considered Pass-Through Costs under the terms of this flgreement. (e) Portable Toilets. Collector shall provide portable toilets at Town locations and functions from time to time as ciesignated by Town. The Collector's costs of providing services under this Section S.B(5)(e) shall be considered Non-Allowable Costs under this Agreement except as follows: In the event that the annual cost of providing the services described ny this Section S.B(S)(e) exceeds `�I 0,000 (hereinafter referred to in this Section S.B(5}(e) as "base amount") during the calendar year commencing with January 1, 2011, or the annual cost in any subsequent calendar year exceeds the base amoUnt as adjusted by the applicable CPI (hereinafter referred to in this Section S.B�(5)(e) as the "adjusted base amount"), that portion of such cost exceeding the base amount or adjusted base ainount (whichever is applicable) shall be considered Pass-Through Costs under the terms of this Agreement. (� Every-Other-Year Plant Waste Removal. Once every two (2) calendar years, Collector shall remove and dispose of vegetation and plant materials that have been taken by the l�own or its contractors frorrz the area designated by the Town as "Railroad Marsh" (which is located on the east side of Town Hall) and placed into debris boxes provided by Collector. The cost of Collector in providing services under this Section S.B(5)(fj shall be considered Pass-Through Costs under the terins of this Agreement. (6) Pick-Up of IIlegally Dumped Items. Collector agrees to provide, at T. , -- ��wn s requesi, picx-up oi iiiegaiiy dumped (Jarbage within the Franchise Area. Collector shall provide this service within two (2) calendar days of Town's request. Collector's costs for providing services under this Section S.B(6) shall be ]5 considered Non-Allowable Costs except as follows: If the an.nual cost of providing the services described by this Section S.B(6) exceed $5,000 in any calendar year, that portion of such cost exceeding $5,000 during the applicable calendar year shall be considered Allowable Costs under the tenns of this Agreement. (7) Household Hazardous Waste Pick-Up. Upon advance request received no later than 1:00 p.m. the Business Day prior, Collector shall collect Household Hazardous Waste from Residential Properties. No more than three (3) gallons of latex paint or motor oil rnay be colle�ted in a single pick-up of Household Hazardous Waste. Paint must be sealed in containers with original labels. Batteries, fluorescent light bulbs, and cell phones should be packaged separately in closed paper or plastic bags. Collector may cease pick-up of Household I-�azardous Waste if Collector is unable to retain or renew its permit for such collection or if any change in applicable law or regulations makes such collection unlawful. Collector's cost of performing the services pravided under this Section S.B(7) shall be considered Allowable Costs under the terms of this Agreement. C. Hours and Conduct. (1} Hours of Collection. Collector agrees that, in order to protect the peace and quiet of residents, its arrangements for the collection of Solid Waste will provide that collections for residential and commercial areas shall not start before 6 a.m. nor continue after 5 p.m. Monday through Friday each week, and shall not start before 7 a.rn. or continue after 5 p.m. Saturday each week. Staging activities for residential and commercial collections rnay be performed by Collector no more than thirty (30) minutes in advance of 6 a.m. Monday through Friday, and no more than thirty (30) minutes in advance of 7 a.m. on Saturdays, but only at Blackie's Pasture or another location an equivalent distance from residences. On Sundays, Collector shall be permitted to provide collections for commercial areas, provided that: (i) Collector shall not start before 7 a.m. nor continue after 5 p.m.; and (ii) unless approved by Town in writing (which approval may be withdrawn by Town at its sole discretion at any time thereafter), CoIlector shall not drive upon any roadway within, or adjacent to, a residentially zoned district of Town before Collector has commenced its collections, or after Collector has completed its collections, for that day, Subject to the approval of Town's Director of Public Works, the collection of debris box refuse from Commercial Properties shall not be subject to the days and hours of operation delineated in this Section S.C(1). 16 . (2) Conduct of Business. Collector shall conduct its Solid Waste collection business in Town in compliance with Section 7 of this AgreeTnent and in accordance with good business practices and methods c�zstorna.ry in si.�ch line of business, and shall receive, collect, l-emove and dispose of all Solid Waste offered to it for disposal from within the Franchise Area, when tendered in Town- approved containers or receptacles used for such purpose. The standard container size shall be a thirty-two (32) or forty-five (45) gallon can with a tight-fitting lid and not to exceed sixty (60) pounds loaded weight; a mini-can shall be a twenty � �?�j gc'lii^v i C2iii vJiiii a ii�it�-liiiiil� ilu �ii1C� i10i GXLCCCIItl� S1Xly �bl�l� pOU11QS 101C1eC1 weight. Collector shall provide pi-ompt, efficient, continuous and professional service to its customers. To the maximum extent feasible, all debris boxes and other special containers provided to Collector's commercial or residential customers shall be located such that they are shielded from view from other public and private properties. D. Charges and Rates. , (1) The schedule �f rates to be charged to customers within Town for the services described in this Section 5 of this Agreement, as established as of the date of this Agreement pursuant to its terms, is shown in Exhibit A. The schedule of rates is subject to modification in accordance with the provisions of Section 16 �f this Agr�ement. (2) Collector shall be obligated to collect, rernove and dispose of Solid Waste from any Residential Property even if the owner or occupant of said property is in arrears in the payment of Solid Waste removal charges, except that . Collector may discontinue service by adhering to the following procedures: Customers who have not remitted required payments within thirty (30) days after � the date of billing shall be notified in writing by Collector. Said notice shall contain a statement that services may be discontinued fifteen (15) days after the date of notice if payment is not made before that time. If no payment is received � within such fifteen (15) day period, Collector may discontinue service to the Residential Property to which such non-payinent pertains, unless and until all amounts due have been fully paid. Upon payment of all delinquent fees, Collector shall resume collection at such Residential Property o�i the next regularly scheduled collection day. (3) Collector may discontinue service to anv Commercial Property that � is in arrears in the payment for services fifteen (I S) days following written notice 4� 4�c� ..1 ,.t,,...,.� `.C_ _1_ w u�� Cviiuii�iCiai Cii�tviii�i vi �ul;il i1Ut1-IJity171eI1i, W111C11 110i1Ce S11111 C011t11ri 1 statement that services may be discontinued fifteen (1�) days after the date of , notice if payment is not made before that time, provided Collector has also 17 notified Town at least seven (7) caiendar days in advance of the date of discontinuance. Upon payment of all delinquent fees, Collector shall resw7le collection at such Commercial Property on the next regularly scheduled collection day. (4) In the event that Collector pursues a custamer for non-pa}nnent of any lawful debt owed to Collector for services rendered to such customer pursuant to this Agreement, Collector shall be entitled to recover from sucli custoaner not only the amount of the unpaid debt, but all costs ineurred by Collector in recovering said sum, including Collector's attoriieys' fees (if same may be lawfully recovered under applicable law). E. Service Areas. Town shall be divided into service areas as shown on the map attached hereto as Exhibit B. SECTION 6. DUTIES OF TOWN. A. Chapter 26 of Town's Municipal Code requires the property owners, occupants, or tenants of Town to provide for Garbage collection service from the official Garbage collector of the Town at least once each week. Town shall retain a provision in its Municipal Code, consistent with this Agreement, requiring not less than weekly Garbage collection froin each residence and business within the Town, except that Town may amend its Municipal Code to permit an occupant, renter, or owner of property to regularly dispose of their Garbage either personally or through the uncompensated services of another, in either case at a County-operated Disposal Facility. The Town shall not make any other exception to the requirement in its Municipal Code that its residents and businesses provide for Garbage collection service from Collector at least once each week, other than that stated within this Section 6.A. B. Section 26-4 of Town's Municipal Code requires property owners. occupants, or tenants of Town to pay the charges and rates levied by the official Garbage collector as authorized by resolution. Town shall retain a provision in its Municipal Code, consistent with this Agreement, requiring property owners, occupants, or tenants to pay the charges and rates levied by the official Garbage collector as authorized by this Agreement or resolution. Upon the delinquency of any residential or commercial account, Collector may notify the delinquent party and any owner, occupant, or tenant of tlle Property of its discontinuance of service in accordance with Section S.D, along with notification of any remedies that the Town may have under the Municipal Code to enforce a violation of the requirement that the customer continue to receive collection service from Collector. Collector shall provide Towil a copy of all notices provided by Collector under this Section 6.8. 18 SECTION 7. COMPLIANCE WITH LAWS AND REGULATIONS. A. Collector warrants that it will comply with all appli�able fe�er�l, state ar�d local laws, statutes, ordinances, codes, rules and regulations, and the orders and decrees of all courts or administrative bodies or tribunals in any manner in effect during the term of this Agreement and affecting the perforinance of this Agreement, as they may from time to time be amended, including without limitation CERCLA, 42 U.S.C. §§ 9601, et seq,, the RCRA, 42 U.S.C. §§ 6901, et seq., the California lntegrated Waste Management f�,C? f)f �QQU� u11C� ull ^vi}l�,i u��iiCnviC iaW� vi ii12 JiaiC U1 l�.d'111vI'ilid dIIU �Ile I�OUIlt�/ OI Marin, and all ordinances of 1'own to the extent such ordinances are not inconsistent with this Agreement, in which case Collector shall comply with the terms of this Agreement and shall not be liable for any non-compliance with Town's ordinances, Town's SRRE and HHWE, the County of Marin's Countywide Integrated Waste Management Plan, the requirements of local enforcement agencies, and other agencies with jurisdiction relating to the services provided by Collector under this Agreement, the Occupation Safety and Health Act of 1979, all applicable safety regulations, and all laws requiring licensing and non-discrimination in employment because of race, creed, color, sex, age, marital status, - - -- physical or mental-disability, natior�al origin or�ther prohibitPd b�ses. Except as specifically stated by this Section 7.A, all services performed by Collector must be in accordance with all applicable laws, statutes, ordinances, codes, rules and regulations. B. If a death, serious personal injury, or substantial property c�amage occurs in coru7ection with the performance of this Agreement ("Accident"), Collector shall immediately notify the Tiburon Fire Protection District, Southern Marin Fire Protection District and Tiburon Police Department by telephone as soon as practicable but no Iater than within two (2) days after each Accident. Collector shall proinptly submit to Town a written report, in such form as may be required by Town. This report must include the following information: (i) name and address of the injured or deceased person(s}; (ii) name and address of Collector's subcontractor, if any; (iii) name and address of Collector's liability insurance carrier, and (iv) a detailed description of the Accident and whether any of Town equipment, tools, or material were involved. SECTION 8. TERMINATION ��OR NON-PERFORMANCE. If Collectar fails, refuses or neglects to comply with any of the terms hereof, or any laws, ordinances (except to the extent Town ordinances are inconsistent with this Agreement, in which case Collectoi- shall comply with this Agreement) or regulations referred to herein, or defaults under any provision of this �lgreement, in each case (with the exception of non-collection under Section 10 of this Agreement) for a period of forty-five (45) days after having been notified in writing thereof, which writing identifies the failure or default and provides a summary ot factual cireumstances of such failure or default, by the Town Council of Tiburon, then, after a hearing upon at least ten (]0) days' prioz�written notice to Collector, which notice may only be delivered following the foregoing forty-five (45) day 19 cure period, Town shall be entitled to ter�ninate this Agreement, which termination shall be effective no earlier than ninety (90) days after written notice to Collector of the Town Councii's decision to terminate for non-perforinance. Such remedy shall not be deemed an election and shall be in addition to any and all rights and remedies against Collector that Town may have by law or hereunder. Any waiver of a breach of the terms or provisions of this Agreement shall not be deemed to be a waiver of any subsequent breach of any of the same terms or provisions or to be construed as approval of a course of conduct. SECTION 9. INSURANCE AND BOND. ` A. Without limiting Collector's indemnification provided herein, Collector shall take out and maintain at all times during the life of this Agreement, the following � policies of insurance with insurers with a Best rating of no less than A:X11 l: (1) Workers' Cornpensation insurance to cover its emplo�ees, and Collector shall require all subconsultants sirnilarly to provide Workers' Compensation insurance, as required by the Labor Code of the State of California, for all of the subconsultant's employees. Each such employee and subconsultant Workers' Compensation policy shall be endorsed with the provision that such policy will not be canceled without first giving thirty (30) days prior notice to Town. (a) In the event any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation Statutes, Collector shall provide, and shall cause all subconsultants to provide, adequate and suitable insurance for the protection of its employees not otherwise protected. Such policy must be acceptable to Town and shall provide that it will not be canceled without first giving thirty (30) days' notice to Town. (b) Collector's Workers' Compensation insurance shall include the following language: "All rights of subrogation are hereby waived against Town, its officers and employees when acting within the scope of their appointment or employment." (2) Commercial general liability insurance including personal injury and property damage insurance for all activities of Collector and its subconsultants arising out of or in connection with this Agreement, written on a commercial general liability form including Broad Form Property Damage, blanket contractual, completed operations, cross-liability, X, C. U hazards, subcontractors named as additional insureds (inapplicable if no subcontractoi-s or subconsultants), vehicle coverage, products liability and employers non-ownership Iiability 20 coverage in an amount no less than $5 million combined, single-liinit personal injury and property damage for each occurrence. The completed operations and product liability insurance shall continue for noz l�ss rhan three hundre� s;xty-fi�e (365) days following the termination of this Agreement. Each such policy shall be endorsed with the following language: (a) Town of Tiburon is named as an additional insured for aIl liability arising out of the operations by or on behalf of the named insured, ;�nr� thic �nl,��rr�te�� Y;� ��l�a'4'l.l,ui i.�ui�u uT`iu IiS vi�i��iS, a��iiiS aiiii ui�iv i employees against liability for personal �nd bodily injuries, deaths, or property damage or destruction, arising in any respect, directly or indirectly, in the perforn�ance of the Agreement. (b) The inclusion of more than one (1) insured shall not operate to impair the rights of one insured against another insured, and the coverage affoi-ded shall apply as though separate policies had been issued to each insured. (c) The insurance provided herein is primai-y and no insurance held or owned by fI,own of Tiburon shall be called upon to contribute to a loss. (d) The coverage provided by this policy shall not be canceled without thirty (30) days' prior written notice given to Town of Tiburon. (3) Collector shall provide to Town evidence of insurance showing comprehensive autoinobile liability insurance coverage in at least the following amounts and naming Town an additional insured (and containing the endorsements described in Seetions 9.A(2)(a) through (d) above): $10 7niliion combined single-limit bodily injury and property damage. (4) Collector shall obtain, maintain and provide evidence of an employee-dishonesty bond with a minimum limit of$1 million and name Town as loss-payee under the bond. The amount of the bond shall be adjusted annually on July 1 by the annual percentage Deceinber-to-December change in the CPI. (5} Limits of coverage shall be reviewed periodically and adjusted to reflect limits that Town reasonably deems appropriate for providing protectioi� for both Town and Collector. B. Upon the execution of this Agreement, and annually thereafter, Collectar shall submit to Town documentation evidencing its required insurance signed by the insurance agent and companies on the form attached as Exhibit C. Any deductible or 21 self-insured retentions must be declared to and approved by Town. At the option of Town, the insurer shall reduce or eliminate such deductible or self-insured retention as respects Town, its officers and employees, or Collector shall procure a bond guaranteeing payment of losses and reiated investigation, claims, administration and defense expenses. C. Contemporaneously with the execution of this Agreement, Collector shall post a bond in the amount of$100,000 to serve as security for the faithful performance by Collector of all the provisions and obligations of this Agreement. The amount of the bond shall be adjusted annualiy on July 1 by the most recent annual December-to- December percentage change in the CPI. ' SECTION 10. RIGHTS OF TOWN TO PERFORM DURING EMERGENCY. A. In the event that Collector; for any reason whatsoever, fails, refuses or is unable to Collect, transfer, transport or dispose of any or all Solid Waste that it is required to by this Agreement, at the tiine and in the inanner provided in this Agreement, for a period of more than four (4) consecutive working days (or, in the case of one or more of the events excused under Section 26.A, more than seven (7) consecutive working days) and if, as a result thereof, Solid Waste should accumulate in the Franchise Area to such an extent, in such a manner, or for such a time that Town should reasonably find that such accumulation endangers or menaces the public health, safety or welfare, then Town shall have the right, but not the obligation, upon one (1) working day's prior written notice to Collector of such emergency as reasonably determined by Town and Town's intention to exercise the rights under this Section 10, (i) to perform, or under agreements with third parties cause to be performed, such services itself with its own or other personrzel without liability to Collector; or (ii) to take possession of the equipment � and other property used by Collector under this Agreement in the collection, transfer, transport and disposal of Solid Waste, which equipment and other property is specifically listed on Exhibit D or replaces, on an item-by-item basis, the equipment or other property listed on Exhibit D (the "Subject Equipnient"), and to use such Subject Equipment to collect, transfer, transport and dispose of any Solid Waste generated within the Franchise Area that Collector would otherwise be obligated to collect, transfer, transport and dispose of pursuant to this Agreement. Collector shail submit to Town with each Base Rate Change Application made by Collector under Section 16 of this Agreement an updated list of Subject Equipment that is currently being utilized for the collection, transfer, transport and disposal purposes listed above and shall indicate for each item of Subject Equipment that is listed the degree to which such item is currently being utilized in providing the services under this Agreement, which list shall replace Exhibit D under this Section l O.A. In addition, Collector shall submit to Town a current version of this list within thirty (30) days following To��n's written request. In furtherance of the right to use the Subject Equipment, Town shall be entitled to enter onto 22 Collector's land and into Collector's buildings, offices, garages, oi- othec-premises to the extent necessary to access and use the Subject Equipment. F3. Notice of Collector's failure, refusal or neglect to collect, transfer, transport and dispose o�Solid Waste may be given orally by telephone to Collector at its principal office and shall be effective iznmediately. Written confirmation of such oral notification shall be sent to Collector within one (1) working day of the oral notification. Oral notification without written confirmation as required by this Section 10.B shall not be �ifi,�iiv'i, iv tii��i i vwi1�J li�iiiS ui1U�i i��1S JCGl10II 1 V. C. Collector further agrees that in such event: (1) It will take direction from Town to effect the tl-ansfer- of possession of the Subject Equipment to Town for Town's use and take direction on utilizing another Disposal Facility, if necessary in accordance with this Agreement. (2) It will, if Town so requests, keep in good repair and operational condition all of the Subject Equipment. (3) Collector shall lend to Town any or all personnel necessary or useful for the collection, transfer, transport and disposal of Solid Waste upon Town's request, which use shall be limited ±� the Pxtent of personnel specifically utilized in providing se�-ices under this Agreement within twelve (12) inonths of the date that collection was discontinued under Section 10.A. Collector further agrees, if Town so requests, to furnish Town (i) the services (but not the exclusive services) of any or all management or office personnel employed by Collector whose services are necessary or useful for Solid Waste the billing and collection of fees for these services and (ii) the information, such as customer information, reasonably necessary to the Town's exercise of its rights under this Section 10. D. Collector warrants that the Subject Equipment placed in the Town's possession will be in operable and lawful condition and fit for its intended purpose. Collector assuines complete responsibiIity for the condition, operability, legal compliance, and funetioning of�the Subject Equipment and facilities at the time that are placed in the Town's possession. Subject to Collector's duties under this Section 10.D, Town agrees that it assumes complete responsibility for the proper, normal and lawful use of the Subject Equipment while in its possession. Accordin�ly, Town shall protect, defend witl� counseI reasonably acceptable to Collector, indelnnif'y and hold harmless Collector, its officers; shareholders, employees and agents from and against any and all �ncc�c l�al-�il,+ioo 4;,-. .,1�; ,.i.. ,7,. _�_ i i• ��.�� .��+v,.,uw� iiiii,$, fi�iiuiui.�� .taitilj� Ua1110.�GJ� Vl �UU�'lI1CI1lJ� lil(;1UC11I1l� 'cl[TOI11�:yS� fees, arising out of or resulting in any way from Town's use of the Subject Ec�uipment or other actions or inactions of Town while Town is exercising its rights pursuant to this Section 10, except as may be limited by Section 10.F below. 23 E. If the interruption or-discontinuance in service is caused by any of the reasons listed in Section 26.A (i.e., Collector's failure to perform is excused), Town shall pay to ColIector the reasonable rental value of the equipment and facilities, possession of which is taken by Town, for the period of Town's possession, if any, which extends beyond the period of time for which Collector has rendered bills in advance of service, for the class of service involved. F. Except as otherwise expressly provided in this Section 10, Town's exercise of its rights under this Section 10 (i) does not constitute a taking of private property for which compensation must be paid, and (ii) will not create any liability on the part of Town to Collectoz-; and does not exempt Collector from the indemnity provisions of Section 24, which are meant to extend to circumstances arising under this Section 10; provided, however, to the extent that Collector has fulfilled its obligations under Section 10.D above, Collector is not required to indemnify Town against claims and damages arising from the actions of'I'own officers, employees and agents in the operation of collection vehicles during the time Town has taken possession of such vel�icles or is in possession of or has use of any other Subject Equipment. Town shall receive the full benefit of any agreements Collector has in place with respect to the transfer, transport and disposal of Solid Waste generated in the Franchise Area, and Collector shall take such actions as may be required to provide Town the benefits under any such agreements. G. During such time as Town is providing Solid Waste services pursuant to this Section 10, Collector shall bill and collect payment from all users of the above- mentioned services. Collector further agrees that, in such event, it shall reimburse Town for any and all costs and expenses incurred by Town in taking over possession of the above-mentioned property and providing the Solid Waste service in such a inanner and to an extent as would otherwise be required of Collector under the terms of this Agreement. Such reimbursement shall be Inade from tiine to time after submission by Town to Collector of each statement listing such costs and expenses, but in no event later than five (5) working days from and after each such submission. Except for the reimbursement provided for in this Section 10.G, Collector shall retain all amounts collected during such time as Town is providing the Solid Waste services pursuant to this Section 10. H. It is further mutually agreed that Town may, upon reasonably detei-mining that Collector can resume its services; relinquish possession of any or all of the Subject Equipment to Collector and thereupon demand that Collector resume the Solid Waste services as provided in this Agreeinent, whereupon Collector shall be bound to resume the same. Town's rights pursuant to this Section 10 to retain temporary possession of the Subject Equipznent, and to i-ender collection services, shall tenninate as soon as Town is able to reasonably detennine tllat such services can be resumed by Collector, or when Town no longer reasonably i-equires such facilities or equipment. In any case, Town has no obligation to maintain possession of Collector's property or continue its use foi- any 24 period of time and may at any time, in its sole discretion, relinquish possession to Collector. Town shall, in good faith, return the Subject Equipmerit to Collector as soon as it can reasonably determine that Collector is able to rPsume services. Tow�ri shall keep Collector informed of the 1-esults of such monitoring and shall provide Collector advance notice of its intent to return equipment as soon as such determination is made and, in any event, at least two (2) Business Days prior to the return of the Subject Equipment. Collector shall resuYne the Solid Waste services upon such return of the Subject Equipment. I. If Town exercises its rights under this Section 10 to take and operate the Subject Equipment and continues to exercise such rights either in violation of its obligations under Section 10.H or for a period of more than sixty (60) days (whichever comes first), Collector shall be entitled to terminate this Agreement upon ninety (90) days' advance notice. J. In addition, or as an alternative, to the remedy described in this Section 10, the Town may terminate this Agreement upon ten (10) calendar days' advance written r�otice being given of a public hearing before the Town Council at wllich time it will be considered if the Town should terminate the Agreement pursuant to this Section 10.J. If at the conclusion of the public hearing the Council determines that the Agreement shalt be terminated, the date that the termination shall take effect shall be five (5) calendar �ays afte�- ihe date such de�ermination is made. The Town may not exercise the tei7nination rights under this Section 10.J if Collector's failure to collect for the time period described in this Section 10 is as a result of one of the events described in Section 26.A. SECTION 11. PRIVACY. A. ColIector shall use all commercially reasonable efforts to observe and protect the rights of privacy of its customers. Information identifying individual customers or the composition or contents of a customer's Garbabe shall not be revealed to any person, private agency or company, unless upon the request of federal or state law enforcement personnel, the authority of a court of law, by statute, upon valid authorization of the customer, or as part of Collector's overdue-payment collection efforts. This provision shall not be construed to preclude Collector from preparing, participating in or assisting in the preparation of waste-characterization studies or waste- stream analyses that may be required by AB 939, or any other reports requested by Town under this .Agreement or required or requested by any governmental agency. Nothing in this Sectioll 11 is intended to or shall be construed to create a cause of action against Cuiiccior 'vy ar�y customer oi�oiiecior. B. Collectar shall not market or distribute, outside the normal course of its business, mailing lists with the nalnes and addresses of its customers. 25 SECTION 12. HAZAFZDOUS SUBSTANCES INDEMNIFICATION. Collector shali indeinnify, defend with counsel selected by Town, protect and hold harmless Town, its officers, agents and employees (collectively, "ITidemnitees") from and against all claims, damages (including special, consequential, natural resources and punitive damages), injuries, costs (including any and all response, remediation and removal costs), losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings; interest, fines, charges, penalties and expenses (including attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indernnity) (collectively, "Damages"), of any kind whatsoever paid, incurred or suffered by, or asserted against, Indemnitees, arising from, or attributable to the acts or omissions of Collector or its officers, directors, employees or agents, whether or not negiigent or otherwise culpable, in connection with, related to, or attributable to: (i) any operations, repair, clean-up or detoxification, or preparation and implementation of any removal, remedial, response, closure, post-closure or other plan (regardless of whether undertaken due to governmental action) concerning any Hazardous Waste at any place where Collector transports, processes, store� or disposes of Garbage, Green Waste or Recyclables collected under this Agreement or (ii) Hazardous Waste relating in any way to Collector's perfonnance of this Agreement. This indemnity afforded Indeinnitees shall only be limited to exclude coverage for intentional w1-ongful acts and active negligence of Indemnitees. The foregoing indemnity is intended to operate as an agreement pursuant to section 107(e) of CERCLA, 42 U.S.C. § 9607(e), and California Health & Safety Code § 25364, to defend, protect, hold hannless and indemnify Town from liability. SECTION 13. FRANCHISE AND OTHER FEES. A. Coilector agrees to pay to Town an amount equal to fifteen and one-half percent (15 '/2 %) of all Gross Receipts as the Franchise Fee. The Franchise Fee shall be paid for each and every calendar year during the term of this Agreement, or any extension hereof, which amounts shall be paid quarterly within thirty (30) days following January 1, April I, July 1, and October 1 of each year, accounting for the Gross Receipts for the immediately preceding three (3) month period. If payment is not received within said thirty (30} day period, Collector shall pay Town a late payment penalty in an amount equal to two percent (2%) of the amount owed to Town. It is further agreed that the Franchise Fee may be modified at any time at the sole discretion of Town by adoption of a formal resolution, subject to the following conditions: (1) Except in unusual circumstances, Town shall increase or decrease the Franchise Fee effecti�-e only on July 1 of a year, and shall give notice of its intent to do so to Collector by March 1 of such year, so that the adjusted Franchise Fee can be included in tl�e Collector's Base Rate Change Application, if submitted, for the Rate Year commencing on such July 1. 26 (2) If Town increases or decreases the Franchise Fee effective at any other time of year than July 1, Town shall provide Collector written notice at least thi_rty (30) d?;s �rior±o the firs± (1 S` ; day of the culendar c�uarter in whi;.h such percentage increase or decrease in the Franchise Fee will take effect. Collector : shall increase or decrease, whichever is applicable, the Base Rates then in effect by a percentage that provides Collector with the salne percenta�e return as was received by Collector prior to the increase or decrease in the Franchise Fee (as established by the last preceding adjustment to Base Rates), which increase or 9 uecrease in r�ase t'�aies snaii continue untii the next adjustment to I3ase Rates pursuant to this Agreement Upon the change in the Franchise Fee taking effect, � the Base Rates modified in accordance with this Section 13.A(2) shaIl also become effective. (3) Each quarterly remittance of the Franchise Fee to Town shall be aceompanied by a statement showing Gross Receipts for the period covered. Collector shall maintain copies of all billing and collection records #�or three (3) years following the date of billing, for inspection verification by Town at any reasonable time u��n request B. Collector shall pay Town a fee not to exceed $15,000 to reimburse Town for expenses associated with negotiating, drafting, and granting this Agreelnent, including but not limited to staff salaries, benefits, and other compensation at the applicable hourly rates established by the Town, for services, materials and other out-of- pocket expenses incurred by the Town and/or its consuitants, contractors, the Town Attorney, and attorneys on special contract to the Town at the rates charged by them to the Town. One half(1/2) of this fee shall be payable by Collector within thirty (30) days following the Effective Date and the other half shall be payable by Collector within one hundred twenty{120) days following the Effective Date; this fee shall be considered a Non-Allowable Cost. C. Town rr�ay become a member of a Joint Powers Authority that provides programs, recommends the provision of Solid Waste collection, disposal and Recycling services, drafts necessary plans and documents rec�uired by law, and takes other actions or provides other services for the members of the Joint Powers Authority. Town may be required to pay certain fees or other sums of monev to the Joint Powers Authority to participate in and take advantage of the Joint Powers �uthority's programs. Any of said costs may be imposed as a fee payable by Collector to Town. Such fee shall be set annually by Town resolution and provided to Collector by Town. Collector shall collect � such fees from customers on the regular billings and remit collected amounts quart�xly to "l�own in the same fashion and subject to the same terms and conditions as the Franchise Fee or as otherwise instructed by Town. For rate-setting purposes, fifty percent (50%) of the fee paid by Collector and Colleetor's actual costs in collecting all fees required to be 27 paid by Collector under this Section 13.0 shall be considered Allowable Costs, and fifty percent (50%) of the fee paid by Collector shall be considered Pass-Through Costs. Collector may be required to separately identify the Joint Powers Authority fee and other- � specific costs in bills as determined and directed by Town in a written notice to Collector. D. Town has incurred expenses for prepar�ing and adopting the Source Reduction and Recycling and Household Hazardous Wastes Elements ("SRRE" and "HHWE," respectively) required by AB 939, and costs associated with preparing this Agreement. Other elements and plans may be required to be developed by Town under AB 939 or other applicable state laws. Town has and �ill continue to incur expenses for implementing the programs in the SRRE and the HHWE and administei-ing this Agreement. These expenses shall be determined in a fee designed to reimburse Town. Such fees shall be set annually by Town resolution and provided to Collector by Town. Collector will collect these fees from customers on the regular billings and remit collected amounts quaT-terly to Town in the same fashion and subject to the same terms and conditions as the Franchise Fee. For rate-setting purposes, fifty percent (50%) of the fee paid by Collector and Collector's actual costs in collecting all fees required to be paid by Collector under this Section 13.D shall be considered Allowable Costs, and fifty percent (50%) of the fee paid by Collector shall be considered Pass-Through Costs. Collector may be required to separately identify the SRRE and HHWE fees and other specific costs on bills, as determined and directed by Town in a written notice to Collector. E. Town shall reserve the right to set additional fees, as it reasonably deems necessary to compensate Town for new costs similar to those described in Sections 13.0 and 13.D above, or other costs incurred by Town in connection with this Agreeinent or requirements relating to Solid Waste. Any such additional fees shall be treated as Pass- Through Costs and shall become effective on July 1 of a given year only if Collector has received written notice of such additional fees by March 1 of such year, so that such additional fees may be taken into account in any Base Rate Change Application for the Rate Year commencing on such July 1. F. On the first (1 S�) of each month, Collector shall reinit to Town $500 per month to offset the costs related to the Town's administration of this Agreement, which shall be considered Non-Allowable Costs except as otherwise provided by Section 13.G or 13.H. The Town Manager is authorized to decrease or increase said fee effective on JuIy 1 of a given year and on written notice to Collector by March 1 of such year, so that any decrease or increase may be taken into account in any Base Rate Change Application for the Rate Year commencing on such July 1. Additionally, the Town Manager may decrease or increase said fee which decrease or increase takes effect on any date other than July 1 of a gi�en year per Section 13.H. 28 G. In the event that the fee in Section 13.F exceeds $6,000 �n any Rate Year, however, that portion of the fee exceeding $6,Q00 shall be considered Pass-Through Costs. If the fee becomes eff�ctivP on J>>ly 1 and noticP of such feP-taking effect was provided by March 1 in accordance with the second sentence in Section 13.F, then that portion of such fee in excess of$6,000 shall be considered in the Collector's determination of Pass-Z'hrough Costs under Section 16 of this Agreement for the Rate Year commencing July 1, u rr ;� cA,.+;,.,, i� z..� ;,, ..� �:,.,,�.,,. ._.�.�_ .,-- '�,----- . . . . ��. i�'..o .��,�,�ivii i�.i i i� aj��i��,au�c w�iGtl lllC 1 t)wll �iV�S IlOLICe OI 111 1riCl'eaSe in fees or setting of new fees under Section 13.C, 13.D�, 13.E or 13.F, to take effect during the same Rate Year as notice is given to Collector by the Town, it being understood that Town may not set new fees or increase fees for the following Rate Year without providing notice to Collector by the March 1 that precedes such following Rate Year. If Town sets additional fees under Section 13.E, or increases the fees payable under Sections 13.0 or 13.D, or increases the portion of the fee payable under Section 13.F in a manner that increases the Pass-Through Costs of Collector under Section �3.G, and such additional fees or increase takes effect on any date other than July I of the next Rate Year with notice having been given to Collector on or hef�r� the im�nedi�tely precedir.g March 1, then the following shall apply: (i) Collector shall be entitled to treat the additional fee or increased fee or amount as Pass-Through Costs from the date that the increase or fee takes effect through the remainder of the current Rate Year, and the Base Rates shall be automaticaiiy increased by a percentage that provides Collector with the same percentage return as was received by Collector prior to the additional or increased fee taking effect (as established by the last preceding adjustment to Base Rates), which increase in Base Rates shall continue until the next adjustment to Base Rates pursuant to this Agreement, and (ii) except as set forth in the folIowing sentence, the additional fee or increased fee shall take effect no earlier than the first day of the calendar quarter that begins at least fifteen (15) days following notice to Collector from the Town of such additional fee or increased fee. In the event Town desires to have any such additional fee or increased fee take effect at an earlier time than provided in the foregoing sentence, then Town shall notify Collector of the effective date of such additional fee or inereased fee, which shall be in at least fifteen (15) days following such notice from the Town, which notice shall also state that Town has directed Collector to send a supplemental billing to its customers to collect the amount of the adjustment to Base Rates conteznplated in this Section 13.H, and, in such event, the adjustment to Base Rates shall include, as a Pass-Through Cost, the amount necessary to cover Collector's actual out-of-pocket costs for preparing and sending the supple�aental billing to its customers. In such event, Collector shall provide the Town Manager documentation (i.e., receipts, invoices, or other evidence of payment) of the out-of-pocket c.osts added as a Pass Through Cost to the adiu�ted Base Rates hy n� later than fifteen (15) days after Collectar sends the supplemental billing. z� (1) Example 1: As an example of this Section 13.H, the following would apply: If Town gives notice on December 15`" to Collector that it will be establishing a new fee under Section 13.E in the amount of$1,000 effective February 1 S` of the following calendar year, then the Base Rates shall be autornatically increased by the percentage necessary for the Collector to be fully reimbursed for the amount of the fee as a Pass-Through Cost (and no more) as of February 1 S` and continuing until the next adjustment to Base Rates pursuant to this Agreement. (2) Example 2: As another example: if Town were to give notice on January lst to Collector that it will be increasing the fee in Section 13.G by the amount of five percent (5%) effective as soon as possible but does not direct the Collector to send its custonr�ers a supplemental billing for each customer's share of the increased billing, then such five percent (5%) increase shall take effect on April 1 s� of that same year and the Base Rates shall be automatically increased by the percentage necessary for the Collector to be fully reimbursed for the increased aznount of the fee as a Pass-Through Cost (and no more) as of April 1 S` and continuing until the next adjustment to Base Rates pursuant to thxs Agreement. (3) Example 3: As a third example: if Town were to give notice on January 1s` to Collector that it will be increasing the fee in Section 13.G the amount of 5% and which notice directs that Collector send a supplemental billing to its customers for the fee increase amount by no later than February 1 S`, then such increase shall take effect February 16`" and the Base Rates shall be automatically increased by the percentage necessary for the Collector to be fully reimbursed for both (i) the increased amount of the fee as a Pass-Through Cost (and no more) as of February 16"' and continuing until the next adjust�nent to Base Rates pursuant to this Agreement and (ii) the actual out-of-pocket cost of Collector for preparing and sending the supplemental billing to its customers as a Pass- Through Cost. SEC"I ION 14. EXAMINATION OF RECORDS. A. Collector shall maintain a proper set of books and records in accordance v��ith generally accepted accounting principles, accurately reflecting the business done by it under this Agreement. B. Collector shall maintain all records relating to the services provided herew�der, including customer lists, billing records, maps, AB 939 records, and written custorller complaints, for the full term of this Agreement, and foi-an additional period of not less than three (3) years, or any for longer period required by law. Town or its agent(s) shall have the right, upon ten (10) Business Days' advance notice, �o inspect all �naps. AB 939 records, Collector's books and records, written customer complaints, and 30 other like materials of Collector that reasonably relate to Collector's compliance with the provisions of this Agreement. Such records shall be made available to Town at Collector's regular pla�� of business, but in r.o event �utsidP tre Count,� of Ma:i�. Collector shall further maintain and make available to Town 1•ecords as to number of customers, total and by type, route maps, service records and other materials and operating statistics in such inanner and in such detail as Town may rec�uire. C. Should any examination or audit of Collector's records reveal an unde�ay��.er�t cf a�,y fee reyui�2d u;Ader ii;s r�greeiiietii, iiie ari�c�urii o�`sucn underpaymcnt shall become due and payable to Town not later than thirty (30) days after written notice of such underpayment is sent to Collector by Town. D. Should any examination or audit of Collector's records reveal an underpayment to Town of more than three percent (3%) of the correct ainount owed, Collector shall, in addition to paying the amount of the tinderpayment as provided above, also reimburse Town for the entire cost of Town's audit or examination wizhin thirty (30} days of demand therefor, and said cost shall not be z�ecoverable through rate setting. Should any examination or auciit-of Collector's records reveal an overpayment of any fee required under this Agreelnent, the amount of such overpayment shall become credited against the next quarterly installment of the Franchise Fee, or, if this Agreement has terminated, shall be promptly refunded to Coliector. E. The information required by this Section 14 shall pertain to Collector's operations covered and regulated by this Agreement, and nothing contained herein shall require Collector to provide Town with information pertaining to Collector's operations that are not regulated by 'Town, except in conformance with this Section 14. F. Town or its agents may examine Collector's books; records and financial statements pertaining to operations not regulated by Tvwn for the sole purpose of gathering information necessary to allow Town to ascertain whether income, expenses, assets and 2iabilities are reasonable or reasonably and consistently allocated among operations regulated by Town and those not regulated by Town. Collector shall obtain Town's written approval prior to any substantial change of its method of segregating its financial records between Town-regulated and non-Town-regulated operations. G. Without liinitinb Section 14.K, information gained from examination of records pertaining to operations not regulated by Town shall be treated by Town and its agents as confidential infonnation, and Collectol- rnay require Town and its agents to execute a conf dentiality agreement as a condition for receipt of such infor�nation. H. For review of books and other financial records necessary to verify Collector's income, expense, assets and liabilities, "agent" means an independent Certified Public Accountant, public accountancy firm or designated Town employee. For 31 all other infonllation or records, including tlie results of financial verification, "agency" means any consultant designated by Town or Town employees. I. Nothing in this Section 14 shall prevent Town from allowing public access to Town records as required by the California Government Code, and in the event any dispute arises as to legally required public access to information provided by Collector under the terms of this Agreement, Town shall in its discretion provide public access to said information according to law, or tender the defense of any claims made against Town eoncerning said information to Collector. Prior to releasin� any information pursuant to this Section 14.I, Town shall make a good-faith effort to notify Collector of the intended release. J. Upon reasonable notice or as otherwise agreed herein, and at those times designated by Town, Collector shall supply to Town lists of the names of all customers of Collector who are provided any service by Collector within the Franchise Area. At the same or other time, Town may request and Collector shall provide information specifying � each customer's address, type of service provided to each customer, the number and type of authorized Solid Waste containers used by or provided to each customer, whether and which customers are believed to be violating this Agreement, any mandatory subscription ordinance, or any other provision of the law that Town, in its sound discretion, reasonably requires to inonitor implementation of this Agreement or discharge Town's responsibilities under the law. K. Town shall treat all information concerning Collector or Collector's operations or custoiners to which it has access under this Section 14 or Section 15 of this Agreement, or which it receives as part of the ratemaking process ("Collector Information") in accordance with the California Public Records Act (Government Code §§ 6250 et seq.) (for the purposes of this Section 14.K, the "Act"). To the extent permitted by law, including any available exemptions under the Act that have been determined by the Town within its reasonable discretion, Town shall keep all Collector Information strictly confidential and shall not disclose any Collector Information to any person requesting the information. SECTION 15. �RIGHT OF INSPECTION. Collector hereby agrees that it will, whenever requested to do so, permit any inspector appointed for such purpose by Town to accompany Collector in the course of collection, removal, or transportation for disposal of Solid Waste in Town, and to inspect the manner in which collection, removal and transportation for disposal is made, and the size of any receptacles from which such Solid Waste may be or has been collected, and the amounf of Solid Waste collected therefrom. 32 : SECTION 16. RATE ADJUSTIVIENT AND REVIEW. A. All rates charged by Collector far th� services clPscribed ir� Se�tiorl 5 an�l rendered by Collector within the Franchise Area are subject to the review of the Town Council, except as provided by Sections 16.E(2) and (3) of thzs Agreement. No charges shall be levied by Collector for said services over the Town Council's objection. B. To ensure maximum public involvement, the Town shall act in accordance Wlr}l 11CJt1C'.�,' a1�SS T�tl}l�l� r��a.:.n(T Y'�nl.:ii�'�n�n4c , �a +n 1.,... 7� AR.....' i !'� ,.1� i_;. t b = y w �i7u�i ��ut�. iCtw �i t11G lv1U111�1�10.1 L.l7UG 1N11G11 rate increases are proposed and considered, as such notice and public hearing requirements may be applicable to rate increases proposed and considered throughout the terzn of this Agreement. It is the intention of the parties that , no notice or public hearing will be required for any autoinatic Base Rate adjustments pursuant to the terms of this Agreeinent (such as, without limitation, a permitted CPI-based adjustment pursuant to Section 16.E(2) or an adjustment pursuant to Section 16.E{3)). It is the further intention of the parties that the "I�own Council's approval of this Agreement satisfy any applicable legal requirement existing on the Effective Date for fonnal consideration and/or approval of any automatic Base Rate adjustrnent made in accordance with Section 16.E(2) �r Section 16.E(3). � C. Rates shall be established at a 1eve1 that provides a fair return to Collector. The parties hereto agree that whethei or no� the Coilector is provided a fair return shall be determined by application of the formula set forth within Section 16.G. With respect to any Rate Year for which a Base Rate Change Application is not made by Collector (and an automatic or CPI-based adjustment in the rates is not requested by Collector or is not provided for by the terms of this Agreement), those rates then in effect shall be � considered a fair return to Collector for such Rate Year. D. Town agrees that the rates set forth in Exhibit A (the "Base Rates") may be charged by Collector as of the Effective Date of this Agreement. Collector and Town each acknowledges and agrees that the Base Rates are reasonable and provide Collector with a fair return in accordance with Section 16.C. E. In thc event that Collector desires to adjust the Base Rates, Collector shall take those steps set forth in this Section 16.E. (1) During any year that Collector wishes to increase the Base Rates because Collector believes that the current rates (excluding any adjustments inade under this Agreement to the Franchise Fee or other fees as may be pennitted under �Prtinnc 1; A(71 n,- T 2 I-T ,-+., +L,� „ ,.i:,.,.i.t., r�T _ :J_ � r_ _,_ � •„ ^��.�.-� ,-�.� ��<-/ �� .-�..i� vi �v �iii, aYNit�,aVlc L.i"1 ZtJ jJ1UV1UCU UC1UW� Wlll 110T provide a fair return to Collector, it may make an application to Town (a "Base Rate Charige Application") in accordance with the provisions of this Section 16. If Collector chooses not to make a Base Rate Change Application under this 33 Section 16.E(1) for any Rate Year and none of the exceptions stated by this Section 16.E(1) apply, then Collector forever waives any rights to an increase in rates far that same Rate Year or to be provided a fair return for that same Rate Year as provided by this Section 16. A Base Rate Change Application must be submitted no later than April 1 ilnmediately preceding the Rate Year for which such an adjustment is sought. Except as may otherwise be provided by this Agreement, no more than one Base Rate Change Application may be submitted by Collector during any Fisca] Year. (2) With respect to each of the two (2) Rate Years iinmediately following any Rate Year for which Collector has made a Base Rate Change Application, Collector shall be entitled to request an increase or decrease in the Base Rates that is the same as the increase or decrease in the CPI for the applicable year, up to a maximum increase or decrease of three percent (3%). If Collector requests an increase or decrease in the Base Rates based on the CPI pursuant to this Section 16.E(2), Collector need not make a Base Rate Change Application and the Base Rates shall be adjusted as requested without any action of the Town Council being required. Collector shall submit any request for an increase ar decrease in the Base Rates based on CPI pursuant to this Section 16 by the April 1 immediately prior to the commencement of the subject Rate Year. CoIlector may not request an increase in the Base Rates based on CPI for more than two (2) consecutive Rate Years. Base Rates that are adjusted in accordance with the CPI under the provisions of this Section 16.E(2) shall be considered both reasonable and a fair return to Collector under Section 16.G. Example: As an example of this Section 16.E(2), the following would apply: If the applicable CPI for Base Rates during Year 1 is iwo percent (2%), the Collectoi-rrzay request an increase in the Base Rates in the amount of two percent (2%) under this Section 16.E(2) and no Council action would be required for the increase to take effect on July l. If the applicable CPI for Base Rates during Year 2 is three peT-cent (3%), the Collector may request an increase in the Base Rates in the amount of three percent (3%) and no Council action would be required for the increase to take effect on July 1. However, during Year 3 Collector may not request an increase in the Base Rates under this Section 16.E(2) because Collector will not have made a Base Rate Change Application during either of the two (2) prior years (i.e., Years 1 and 2). Assuming Collector makes a Base Rate Change Application in Year 3, then if the applicable CPI for Base Rates during Year 4 is five percent (5%), the Collector may request an increase in the � Base Rates under this Section 16.E(2) in the amount of three percent (3%) and no higher. AlteTnatively, during any of Years 1, 2, or 4, Collector may 34 opt not to request an increase under this Section 16.E(2) and choose instead � to make a Base Rate Change App�ication under Section 16.F...(1). (3) The Base Rates may be automatically adjusted upwards or downwards, without any action of Town Council being required, based upon a change in the Franchise Fee or other fees as pennitted under- the provisions of Sections 13.A(2) or 13.H of this Agreement. Base Rates established in compliance with the provisions of Sections 13.A(2) or 13.H of thas Agreement sliall �e consi�iered 'ooin reasonabie and a tair return to Loilector under 5ection 16.G. It is the intention of the parties that the Town Council's approval of tl�is Agr-eement satisfy any applicable legal requirement existing on the Effective Date for forFnal consideration and/or approval of any automatic Base Rate adjustment made in accordance with Section 16.E(2) or this Section 16.E(3). (4) The Base Rates may be adjusted at any time when the provisions of Section 4.0 have been applied. Collector shall make a Base Rate Change Application under Section 16.E(1) within the time period required under Section 4.C,and such adjustment shall become eff�etiv� at the same time as tr�e commencenlent of any additional or modified services under Section 4.C. F. Any Base Rate Change Application shall contain the following infonnation o�1Traterials: � (1) Audited financial statements and supporting documents showing, in detail, the revenues, costs and allocations upon which Collector seeks an adjustinent in rates and that demonstrate compliance with the principles specified in Section 16.H below; (2) Audited financial statements showing, in detail, the revenues, costs and allocations of Collector's Fiscal Year iznmediately prior to the Rate Year for whicl� a rate adjustment is sought and statements showing projected revenues, costs and allocations far the subsequent Fiscal Year of Collector ilnmediately following said Fiscal Year; (3) If not included in the materials described in Section 16.F(1) or (2) � above, balance sheets for the Fiscal Years described in said sectioris showing (a} accounts in sufficient detail to permit analysis of asset, liability, equity, retained earnings and other accounts, and (b) utilization of the principles described in Section 16.H, below. The balance sheet shall be prepared in accordance with ger,��al;y acce�teu accuuiiiiii� �i°i�icipies and snaii incivae staiisiics and ciata distinguishing between residential and commercial operations of Collector; 35 (4) If not included in the materials described in Section 16.F(1) or (2) above, profit and loss statements for each of the Fiscal Years described in said sections in sufficient detail to permit comparison and analysis of revenue and costs relatinb to the operation of Collectoi- for each of said Fiscal Years. Said information shall be provided in a way that distinguishes between residential and commercial operations of Collector; (5) If any charges of any company, party or entity owned or controlled by Collector are included in the Base Rate Change Application, then information shall be provided to Town regarding such other company, party or entity and such charges sufficient such that including such charges in the rate adjustment sought by Collectoi-are fully justified; (6) If not included in the rnaterials described in Sections 16.F(1) or (2}, above, detailed descriptions of the aIlocations Collectar utilizes in spreading the costs and revenues of its operations between the various agencies it seives; and (7) Such other information as may be reasonably necessary, in Town's opinion, to explain ar to justify the requested rate adjustment. G. In regulating rates, Town shall be entitled to fully exercise its discretion in reviewing the rates charged by Collector, consistent with applicable law and the requirelnent that the rates provide a fair return to Collector. The parties hereto agree, however, that rates that provide Collector with an operating margin of ten percent (10%) profit on all Allowable Costs for the relevant period plus Pass-Through Costs for the relevant period (collectively the "Operating Marbin Method"), or that are established through CPI adjust�nents pursuant to Section ]6.E(2) 01•fee-based adjustments pursuant to Section 16.E(3) during Fiscal Years for which no Base Rate Change Application is made, shall be deemed reasonable and as providing Collector a fair return in accordance with the terms of this Agreement. Notwithstanding any of the above, the parties acknowledbe, however; that the Operating Margin Method is not the only basis upon which Town may review or analyze rates in the future, and that other reasonable methods of regulating rates that provide a fair retun� to Collector may be utilized by Town, even if such methods should permit rates less than those that the Operating Margin Method might otherwise allow or indicate and r-esult in lo�ver than a ten percent (10%) margin of profit; provided, however, that Collector shall be provided a margin of profit that is no less than a fair return. (1) For purposes of this Agreement, "Allowable Costs" shall include all of Collector's operating costs incurred directly ar proportionately (as used in this Section 16.G(1) "proportionately" shall inean any allocable portion of Collector's � indirect costs that may be fairly atn�ibuted to the perfor�nance of this Agreement, as opposed to any other agreement or contract under which the Collector provides 36 Solid Waste collection services) in connection with providing the services governed by this Agreement or otherwise perfonning its obligations under this Agree:�ler.t, excludinb Pass-Tl:r�ugh �o�ts and c�sts designated us Nan-nllawable Costs herein. Notwithstanding anything to the contrary stated herein, the following shall be considered "Non-Allowable Costs" for i•atemaking purposes. I�'urthei-more, the following list is not an exclusive listing of"Non-Allowable Costs" and the parties hereto acknowledge that in connection with future i-ate- setting proceedings, Town may determine that other costs not listed immediately beiow snali not be aiioweci for rate-making purposes;pj-ovidecl, l�owever, that any additional costs so determined by Town to not be allowed for rate-making purposes, when the impact of such determination is factored into the deter�nination of a fair return under this Section 16.G, does not eause Collector to receive less than a fair return in accordance with the terms of this Agreement: � (a) Any amount paid to the officers; owners, shareholders oi- directors of Collector (excluding any amounts paid to a pension, prof�it- � sharing or similar plan) that exceeds, in the ag�regate, $539,472 in the Fiscal Ye�r �n�ing on L)erember 31�201 O, or such amount that is the result of a CPI adjustment to such limit in each subsequent Fiscal Year. (b) Promotional expenses (such as expenses associated with advertising, generation of new business, or other efforts to increase Collector's customer base and other related activities), entertairlment expenses, and travel expenses, in each case unless authorized in advance by Town. (c) Payments to repair danlage to pi-operty of third pal�ties or Town for which Collector is legally liable. (d) Fines or penalties of any nature (except for any fines or penalties as a result of an overloaded debris box collected by Collector as part of its services under Section S.B(5)(c), which shall be an Allowable Cost), provided however that Collector notifies Town in writing within thirty (30) days of the Effective Date of this Agreement as to what constitutes an "overloaded debris box" subject to fines or�enalties and provides wz-itten notice to Town of any changes in this definition prior to the date that Collector collects any debris box that is subject to such fines or penalties. , . �e� rederai or state ineoine taxes, except that portion of payroll tax that is considered a Pass-Through Cost under Section 16.G(2). (� Charitable or political donations. 37 (g) Attorneys' fees incurred by Collector in connection with this Agreement or ratemaking applications subinitted pursuant to this Agreement. (h) Attorneys' fees and other expenses incurred by Collector in any court or adversarial proceeding in which Town and Collector are adverse parties, unless Collector is the prevailing party in such proceeding and Collector fails to recover such fees as a result of that litigation. (i) Attorneys' fees and other expenses incurred by Collector in any court or adversarial proceeding not between Town and Collector in which Collector's own negligence, violation of law or regulation, or wrongdoing are alleged, in whole or in part, unless Collector is successful in obtaining judgment in the lawsuit and, in such event, only to the extent that Collector does not recover attorneys' fees and costs and only to the extent that the proceeding is solely in connection with this A�reement (or if pi-imat•ily but not solely in connection with this Agreement any allocable portion of Collector's fees and costs that may be fairly attributed to the claims arising out of the performance of this Agreement, as opposed to any other agreement or contract under which the Collector provides SoIid Waste collection services that are also included in the subject matter of the proceeding); and attorneys' fees and expenses incurred by Collector in a court or adversarial proceeding in which the legal theory or statute providing a basis of liability against Collector also provides for separate potential liability for Town derived from the action of its citizens or rate payers (such as in a CERCLA lawsuit} if Collector is found liable in such ciaims. (j) Payments to related parties for products or services, to the extent in excess of the cost to the related party for those products or services, and the amount of rental charges paid to related parties for vehicles leased for 6 znonths or longer that are greater than the costs of acquisition plus interest costs of the vehicles depreciated over a ten (10) year period (k) Interest expense that exceeds the market rate of interest for similar debt at the tiine that the loan or debt was incurred. (1) Any additional transportation costs related to Collector's voluntary decision to utilize a transfer station or Disposal Facility other than those it is using on the date of this Agreelnent; unless (i) such additional transportation costs are offset by reduced disposal costs as a result of the change in transfer station or Disposal Facility or (ii) such 38 decision to change a transfel- station or Disposal Facility is approved in advance by the Town, such approval not to be unreasonably withheld. (m) Amounts paid to or in behalf of Collector's officers,' directors,' owners' or shareholder-s' accounts in the union pension and retirement plan that are in excess of Collector's percentage contribution to employees' accounts in the union pension and retirement plan (i.e., those contributions to officers, directors, owners, or shareholders made in excess oi tne requirements of the company's "sate harbor" portion of its retirement plan) shall be considered Non-Allowable Costs. (n) The first $5,000 in costs, in ar�y calendar year, incurred by Collector in colleeting illegally dumped garbage as described in Section S.B(6) (with any amounts over such amount in a calendar-year period to be an Allowable Cost). (o) The costs incurred by Collector tl�at are designated Non- Allowable Costs within Section S.B(5), including each of its suhsecti�ns, and Section S.B(6). (2) The following shall be considel-ed Pass-Through Costs: (a) Charges assessed by the Disposal Facility and paid by Collector in excess of$43.23 per ton for the Fiscal Year ended December , 31, 2010, which per-ton figure shall be adjusted in accordance with the CPI for each subsequent Fiscal Year; (b) Any amounts paid by Collector to or on behalf of Town pursuant to Section 24, with the exception of the following: (i) any amounts 1-elated to, connected with, 01- arising out of, Collector's sole or active negligence, willful misconduct or failure to comply with any other section or provi�ion of this Agree�nent; or (ii) any amounts that are reimbursed to the Collector or paid directly by thc Collector's insurer (includin� any amounts paid as attorneys' fees, and expert witness fees, court costs of defense, in � settlement of claims, or as a judgment or award); (c) Fifty percent (50%) of the amount paid by Collector as and for Town's fee obligation owed to the Marin County Solid Waste Joint 39 Powers Autllority pursuant to Section 13.0 (with the other fifty percent (50%) of such an amount to be an Allowable Cost); (d) Fifty percent (50%) of the amount paid by Collector as and to Town pursuant to Section 13.D (with the other fifty percent (50%) of such an amount to be an Allowable Cost); (e) The Franchise Fee paid by Collector to "I�own pursuant to Section 13.A; (� Any fees designated as Pass-Through Costs by Section 13.E, Section 13.G, or Section 13.H and paid by Collector; (g) Payroll tax for officers', directors', and shareholders' compensation to the extent that said compensation does not exceed the maximum allowable under Section 16.G(1)(a) of this Section 16.G; and (h) Any other amounts designated as Pass-Through Costs in this Agreement. H. Collector's records, accounting practices and record keeping, as well as the Base Rate Change Applications that Collector may submit to Town undei-this Agreement, shall be governed by the following principles: (1} Rate calculations shall be based upon all revenues received fi-om, and expenses incurred by, Collector's performance of Solid Waste sei-vices under this Agreement. Said revenues and expenses shall be reflected in the income statement of the independently audited financial statements for Collector. (2) Collector shall allocate (i) the rate-reimbursed Town services to ensure that the rate payers in each jurisdiction for which Collector provides Solid Waste collection services, including Town's rate payers, pay only for the services provided within the rate payers' own jurisdiction, and (ii) repair and maintenance labor expenses (based on truck hours) among all the jurisdictions served by Collectar. I. The costs and fees Town incurs in analyzing and reviewing any Base Rate Change Application submitted by Collector shall be reimbursed to "l�own by Collector within thirty (30) days after Collector receives an invoice therefor. Said reimbursement amount paid by Collector shall be an Allowable Cost for rate-setting purposes. J. Prior to April 1 of each year, Collector shall submit to Town a statement showing all unanticipated revenues earned (by source and alnounts) and all unanticipated 40 cost savings garnered (by source aiid amounts) during the immediately preceding Fiscal Year, irrespective of whether Collector applies for a rate adjustment. Town may require, ip th� �xPrr�SP Of 1tS :eas�nab?e;udgment, 0��1�1' lIlfGiillati022 f2'OIT'i �OileCt03' Iii OI'CiEi t0 allow Town to determine whether and to what extent Collector's rates are fair and reasonable in relation to Collector's costs and revenues, ir�•espective of whether Colleetor applies for a rate adjustment. K. The failure of Collector to seek a rate increase in accordance with one of � �� zt�vus desciTi�cu oy �eciiorl i o.E zor any given t'�ate Y ear torever waives Collector's rights to seek or obtain a rate increase for-such Rate Year, or otherwise to seek to recoup amounts attributable to such Rate Year. L. At any time, Town may make a written z�equest that requires Collector to establish that the rates it is cliarging are fair and reasonable and otherwise conform with the terms and conditions of this Abreement. Upon reasonable written notice from Town, Collector shall supply to Town those statements and documents that Town; in its reasonable judgment, requires in order to determine Collector's cotnpliance with this Section 16.L. Town shall be entitleci to retain those experts it c�eerrzs necessary and Collector, within thirty (30) days after receiving an invoice therefor from Town, shall pay for said experts' services to Town. The amounts paid to Town by Collector pursuant to this Section 16.L shall be an Allowable Cost for rate-making purposes. In the event, after its analysis of Collector9s records, statements, documents and operations, Town determines that an adjustment (either upwards or downwards) in Collector's Base Rates (either upwards or downwards) is advisable in order to result in a fair return to Collector as determined in accordance with Section 16.G, Town shall set at least one public hearing, with at least ten (10) days' advance written notice to Collector, for Town Council to consider any proposal submitted by Town Manager to adjust Collector's Base Rates pursuant to this Section 16.L. M. After Collector submits its application for a rate adjustment in any year, Town shall be entitled to review and analyze the request, and the basis therefor. Town shall be entitled to retain those experts t}lat it deems necessary and Collector, within thirty (30) days,after receiving an invoice therefor from Town, shall pay for said experts' services to Town. The amounts paid to Town by Collector pursuant to this Section 16.M shall be an Allowab�le Cost far rate-making purposes. In order to propez•ly examine Collector's Base Rate Change Application, Towii shall be permitted to review all books and records of Collector relevant to the Base Rate Chan�e Application, �s cietermined by Town exercising its reasonable judgment. N. Afte1- receipt of a t�lnely Base Rate Change Application from Collector for any given year, and after Town has adequately analyzed the request, Town shall notice at least one public hearing in order for Town Council to obiect and hear any objections that 41 may be made to the requested rate adjustment. ln its regulatory c�pacity, the Town Council may take action to object to any rate adjustment application and direct Collector to submit another Base Rate Change Application, at which time the public hearing will be continued to permit Collector to request a rate adjustment that will not be objected to by the Town Council. In the event of action taken by the Town Councii to object to a rate- adjustment application, the rate adjustinent sought by Collector may not be established. All hearings on i•ate adjustinents shall be concluded by the effective date of the rate adjustment (July 1), unless the Town Couneil shall extend such time. In any case in which rates are established at a public hearing that has t�een continued to a date following July 1 of such Rate Year the rates shall be adjusted to take the timing of action (and the related timing of comsnencement of billing under the new rates) into account, so that Collector will receive a fair return in accordance with the terms of this Agreelnent at all times. SECTION 17. BILLING. A. Collector shall, at predetennined intervals, mail or deliver to each Single-Family Unit residential customer in Town a statement of account for services, as provided by this Agreement, and shall, once a month, mail or deliver to each Multi-Family Unit or commercial establishment a stateinent of account for seivices. The statement of account shall be based on the schedule of rates and services established in accordance with the terms of this Agreement and shown on Exhibit A, as updated from time to time in accordance herewith. B. The uncompacted rate per cubic yard set by Town shail be used as the basis to calculate compacted rates. C. Persons who are sixty-two (62) years of age or older and who receive Supplemental Social Security (SSI) or Medi-Cal benefits shall be entitled to t}ie lifeline raTe shown in Exhibit A. SECTION 18. AB 939. A. Collector acknowledges that it is familiar with the requirements imposed by AB 939, and Collector agrees to cooperate fully with Town in meeting said requirements. Colleetor shall commit its best efforts toward complying with the same. Collector shall provide Town with monthly information regarding all Garbage, Recyclables and Green Waste tolmage collected and either disposed of or diverted, and shall provide educational information to residents through periodic brochures or newsletters or through Collector's website. Collector shall subinit to Town infonnation and reports required by I'own to meet its reporting obligations imposed by AB 939 and applicable regulations. in a manner approved by Town. 42 B. The r-efusal, failure or neglect of Collector to file any of the reports rec�uired or to provide required infoi-mation to Town (in each case as required by Section 18.A immed�atel_y above), or the inter.tiona! inclusion ir. any sizcr rep�rts cr irformaticn of any � materially false or misleading statement or representation made knowingly by Collector; shall be deemed a material breach of this Agreement, and shall subject Collector to all remedies, legal or equitable, that are available to Town under this Agreement. SECTION 19. ASSIGNMEN'I". A. The franchise granted by this Agreement`shall not be transferred, sold, hypothecated, sublet or assigned, nor shall any of the rights or privileges herein be hypothecated, leased, assigned, sold or transferl-ed, either in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any person or entity; except Collector, either by act of Collector or by operation of law, without the prior written consent of Town expressed by resolution. Town shall not unreasonably withhold its consent to a transfer of the franchise granted by this Agreement. Notwithstanding anything stated by this Section 19 or elsewhere herein, Collector inay, witliout the consent of T�wl�and without�aving a Franchise Tran�f�r Fee, transfer or assign the rights to this Agreement to a successor-in-interest or subsidiary of Collector, provided that: (i) fifty percent (50%) or more of the ownership of the transferee or assignee is held by the same persons who hold fifty percent (50%) or more of the ownership of Coliector; (ii) Town is provided duly executed Articles of Incorporation and corporate resolution of the assignee or transferee (or similar documentation appropriate to the type of entity that is the assignee or transferee) attesting to those persons or entities who are the owners, officers, directors or shareholders of the assignee or transferee; (iii) Town is provided a written assumption executed by assignee or transferee ensuring performance of all duties and obligations that Collector is required to perform under this Agreement; and (iv) Town is provided any other evidence reasonably required by Town to verify that the assignee or transferee will be able to perform all of the duties required by this Agreement. B. Town's consent ta an assignment or change of control may be withheld if; inter aCia, the following conditions are not satisfied: (1) Collector shall give Town at least ninety (90) days' advance written notice of Collector's intent to sell, transfer or assign this Agreement As part of such notice, Collector shall provide to Town the following written information: � (a) The name, address and telephone number of the proposed dJJ1�IICC� �J (b) The character of the le�al entity owning or controlling the assignee, and the names, addresses and telephone numbcrs of all principals, partners or slaareholders thereof, as the case may be; and (c) A copy of any and all purchase and assignment agreements containing, at a rninimuln, the terms and conditions (but excluding the financial terms) of the sale, transfer or assignment of this Agreement and of Collector's Solid Waste collection business. (2) The proposed transferee must be shown, by credible and suf�cient evidence, to be qualified, by financial condition, background and expei•ience to be able to fully assume and satisfactorily perform all of Collector's obligations hereunder, and, particularly, to be able to perform under this Agreement in a fashion that will assure Town of complying with AB 939. (3) Collector carmot be in default under any of the material terms and conditions hereof. (4) The transferee must be willing to, in writing, assume all of the obligations hereunder. (5) Collector or its proposed transferee must pay the Franchise Transfer Fee specified herein below. C. The tenn "assigninent" shall include any dissolution, merger, consolidation or other reorganization of Collector which results in change of control of Collector, or the sale or other transfer by probate proceeding or otherwise of a controlling percentage of Collector's capital stock to a person or entity �1ot a shareholder on the date of the execution of this Agreennent. D. "Change in control" means any sale, transfer or acquisition of Collector. If Collector is a corporation, any sale, transfer or acquisition of more than fifty percent (50%) of Collector's voting stock shall be deemed a change in control; provided, however, that the following transfers shall rlot be considered a change in control: (i) any transfer of shares by a shareholder to a trust for the benefit of the shareholder or the shareholder's spouse; (ii) any transfer of shares by a shareholder to a member of his or her immediate family; (iii) any transfer of shares to persons who are shareholders of the corporation or to members of the immediate family of such persons; and (iv) any transfer of shares to an elnployee of the corporation. E. Except as provided in Section 19.A of this Agreement, any change in control of Collector occurring without prior Town approval sliall constitute a material breach of this Agreement. 44 F. Except as pr-ovided in Section 19.A of this Agreement, in the event Collector attempts to assign this Agreement under this Agreement without first obtaining th� v��ritten ccr�sent of"I'own, �vhicl�� conseilt sl�ail iiat �� unreasor�ably withheld, conditioned or delayed, T�own shall have the right to elect to terminate this Agreement forth��itll, without suit or other proceeding. G. No interest of Collector in this Agreement shall be assignable by operation of law. Each or any of the following acts shall be considered an involuntary assignment, providing i own with the right to elect to terminate this Agreeinent forthwith, without suit or other proceeding: � (1) If Collector is or becomes insolvent, or makes an assignment for the benefit of creditors; (2) If writ of attachment or execution is levied on this Agreement or other propei�ty of Collector such as would affect Collector's ability to perform its duties and obligations under this Agreement; and (3) If in any proceeding to which Collector is a party, a receiver is appointed with authority to take possession of Collector's property such that would affect Collector's ability to perform its duties and obligations under this Ag�-eement. H. Any application for a franchise transfer shall be made in a manner prescribed by Town Manager. Collector shall, on request, pay Town its reasonably anticipated direct and indirect administrative expenses, including the fees of consultants and attorneys, necessary to adequately analyze the application (the "Franchise Transfer Fee"). The Franchise Transfer Fee shall be over and above any Franchise Fee specified in this Agreement and shall not be a recoverable cost for rate-setting puiposes. SECTION 20. FURTI-lEK BENEFITS. If on or after the Effective Date of this Agreement and prior to its termination, Collector enters into an agreement (including a revised and/ar restated agreement), amended or modified agreement, or amendment or addendum to an eYisting agreement (hereafter referred to collectively in this Section 20 as "agreelnent") for collection of Garbage, Recyclables, or other fonns of Solid Waste as defined by this Agreemerit witl� any other municipality or unincorporated area of any county (hereafter "other public entity"), the parties agree that the following provisions sllall apply: /1\ TFat..,, ,. _..l ' _ t � ii �� u uic abI�c�iilciii Ciii�iCU liliu Oy 1.U11eCi0I-W1L'Il tlle OTIleI�pUb11C entity provides any ser�ice to such other public entity that is not provided to Town undei- Section S.B(5) or S.B(6) of this Agreement, then Town may elect to receive the same service; pi-ovided however, that the costs of providing said service shall 45 be categorized the same (i.e., Allowable Cost, Non-Allowable Cost or Pass- Through Cost) as such costs are categorized by the Collector's agreement with such other public entity for the purposes of detennining a fair return under Section 16.G of this Agreement; and (2) Any election �nade under this Section 20 shall take effect on July 1 of the Rate Year immediately following the Rate Year dur-ing which the Town has pT•ovided Collector notice of its election under this Section 20, provided Collector has received such notice from the Town by March 1 of such prior Rate Year; Collector shall submit a Base Rate Change Application under Section 16.E(1) for any necessary upward or downward adjustment in rates due to this election. SECTION 21. COLLECTION EQUIPMENT. A. Collector warrants that it shall provide an adequate number of vehicles and equipment for the collection and transportation services for which it is res�onsible under this Agreement. All vehicles used by Collector under this Agreement shall be registered with the Department of Motor Vehicles of the State of California, shall be kept clean and in good repair, and shall be uniformly painted. Garbage collection vehicles shall be washed sueh that they are maintained in a clean and sanitary condition. Collector's name, telephone number and vehicle number shall be visibly displayed on its vehicles. Loads shall be kept completely covered at all times except when material is being loaded or unloaded or when vehicles are en route in the process of collection. Collection vehicles shall be designed and operated while en route in such a manner as to prevent Garbage, including leachate and Garbage juice, froln leaking, escaping or spilling. Collector shall immediately clean up any spillage of materials. The noise level generated by compaction vehicles using compaction mechanisms during the stationary compaction process shall not exceed the limits imposed by applicable law. B. Notwithstanding the generality of the foregoing, Collector's equipment shall at all times be in confoT-mance with Town's Municipal Code provisions applicable thereto. SECTION 22. SERVICE EXCEPTIONS� HAZARDOUS WASTE NOTIFICATIONS. A. The �arties hereto T-ecognize that federal, state and local agencies with responsibility for defining Hazardous Waste and for regulating the collection, hauling or disposing of such substances, are continually provi�ing new definitions, tests and regulations concerning these substances. Under this Agreement, it is Collector's responsibility to keep current with the regulations and tests on such substances and to identify such substances and to comply with all federal, state and local regulations concerning sueh substances. Collector shall make every reasonable effort to prohibit the 46 � collection and disposal of Hazardous Waste in any manner inconsistent with applicable law. B. When Garbage is not coliected from any custozner, Collector shall, if requested, notify its customer why the coltection was not made. C. ColIector has represented to Town that Collector will carry out its duties to notify all agencies with jurisdiction, including the California Department of Toxic �uvS�aliCi,S �vliiiGi aii� ivCai ciiiZi�,ciiCy ic��70i1SG j1I-UV1(lE;IS, dI1C1, ll��l(�pT'U]7T'ldie, I11e National Response Center, of reportable quantities of I�azardous Waste found or observed by Collector in Garbage anywhere within Town, including on, in, under or about Town property, including streets, easements, rights of way and Town waste containers. In addition to other required notifications, if Collector obseives any substances that it or its employees reasonably believe or suspect to contain Hazardous W�stes unlawfully disposed of or released on Town property, including streets, storm drains or public rights of way, Collector also shall iinrnediately notify To�n Manager, or Town Manager's designee. D. Collector shall conduct visual surface inspections, in accordance with its current operating practices, of all Garbage that it collects, transports or disposes ol pursuant to this Agreement, for the purpose of discovering, identifying and i-efusing to collect, "transport and dispose of Hazardous Wastes or Nlaterials. SECTION 23. PUBLIC ACCESS TO COLLECTOR. A. Office Hours. Collector's office hours shall be, at a minimum, from 7:00 a.m. to 3:00 p.m., or an ec�uivalent eight (8) hour period between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday, excluding holidays. Collector shall maintain a toll-free area code phone number. A representative of Collector shall be available during office hours for communieation with the public at Collector's principal office, whieh shall be located at 112 Front Street, S�n Rafael, California, or at such other place as is chosen by Collector-from time to time within Marin County. Collector shall also maintain an after-hours telephone number for use during other than normal business hours. Collector shall have a representative or answering service or recorded message at said after-hours telephone number during all hours other than normal office hours. B. Service Complaints. � (1) All customer complaints shall initially be directed to Collector. �'nllc�r�tn�- .�h�ll .-r7 ..il .-;+�o ..i„ ,,�,. /:....t...�:_.,_ a._� .� �---- -c �.va.�,�,iv■ �aauii i��.viu uii `v'v'ii1,l.�,it 1.Vt11�J10.111LJ `lill,lUU111� UdIG� 11QI11C� QUl1lC.JS Ul complainant and nature of complaint}. Collector agrees to use all commercially reasonable efforts to resolve all compiaints (whether written or oral) by close of business of the second business (waste eollection) day following the date on which 47 such complaint is received. Service complaints inay be investigated by Town Manager or 'I'own Manager's designee. Unless a settlement satisfactory to the complainant, Collector and Town Manager's designee is reached, the complainant may refer the matter to Town Manager for review. (2) Collector shall maintain records of all written customer complaints, which records shall include: the date of the complaint, the name of the customer, the nature of the con�plaint or request, and when and what action was taken by Collector to resolve the complaint. All such records shall be maintained for a period of twenty-four (24) months and shall be available for inspection by Town. C. Government Liaison Person. Collector shall designate a "governinent liaison pe1-son" who shaIl be responsible for working with Town Manager or Town Manager's designated representative to resolve consumer complaints. Unless a settlement satisfactory to complainant, Collector and Town Manager's designee is reached, the complainant i71ay refer the matter to Town Manager for review. D. Regular Meetings with Town. Upon request by Town, Collector shall meet with Town at Town Hall to discuss matters of mutual concern, including problenas in Collector's service, compliance with AB 939, and future planning. The person attending these meetings on behalf of Collector shall be vested with sufficient authority to make decisions binding on Collector. SECTION 24. 1NDEMNIFICATION. A. Indemnification of Town (1) Collector shall defend, with counsel reasonably acceptable to Town, and indeinnify Town from and against, any and all liabilities, costs, claims and damages that are caused by Collector's failure to comply with the laws described in Section 7 or in any other section of this Agreement. (2) Collector shall protect, defend with eounsel reasonably acceptable to Town, indemnify and hold harmless Town and its officers, employees and agents from and against; any and all losses; liabilities, fines, penalties, claims, damages, or judgments, including attorney's fees (collectively "losses"), arising out of or resulting in any way from (i) Collector's exercise of the franchise, or (ii) Town's grant of the franchise to Collector, provided Town's representations and warranties in Section 27.J are accurate, or (iii) any services provided by Collector pursuant to t��e terms of this Agreement. The obligations of Collector in the foregoing sentence shall not apply to losses that are due to the sole negligence or willful �nisconduct of Town or its officers, employees, agents or contractors, oi• to Collector taking or not taking action at the direction of Towzi, over the written 48 objection oF Coliector. For purposes of this Section 24.A(2), Collector shall not be cansider•ed a "contr-actor" of Town. (3) In addition, provided Town's representations and warranties in Section 27.J are accurate, Collector shall release and defend, with counsel reasonably acceptable to Town, indemnify and hold Town harmless from and against, any and all litigation and claims, daznages and liabilities arisizig therefrom, brought to enforce or to challenge this Agreement and/or Collector's exclusive i�igriis granteu hereunder, inciuding any aliegeci vioiation by Town anci%or Collector of any federal, state or municipal law,�statute oi• constitutional provision, ar other cause. Notwithstanding the faregoing, Collector's obligations under tl�is Section 24.A(3) extend only to actions brought against or by persons or entities not parties to this Agreement. B. f1B 939 Indemnification (1) Without limiting Section 24.A and in addition thereto, Collector shall defend,with counsel reasonably acce�table to Town; indemnify ancl hold Town harmless from and against, any and all fines, penalties and assessments levied against or threatened to be levied against Town for Town's failure to meet the requirements of AB 939, its amendments or any successor legislation or all rules and regulations promulgated thereuncier if said f'ailure is caused by Collector, or its failure to comply with this Agreement or Collector's failure to comply with applicable laws, rules or regulations, including failing to timely supply to Town the reports and information required by Tawn in order to comply with AB 939. (2) Upon the request of Town and passage by 7'own Council of a resoiution providing for an increase in Collector's rates as a Pass-Through Cost to fully compensate Collector therefor, Collector shall collect from its customers any fines, assessments and penalties resulting from Town's failure to comply with AB 939 or its ainendments and successor legislation, or all regulations and i-ules promulgated thereunder to the extent that said failure is a consequence of Town's residents' failure to participate in the Solid Waste programs or services made available to them by Town or Collector. Collector shall collect such ainounts from customers on the regular billings and remit coIlected amounts quartcrly to Town in the same fashion and subject to the same terms and conditions as the Franehise Fee. Collector's costs in collecting such fee and related administrative costs and overhead shall be considered an Allowable Cost for rate-setting purposes. �3 j ivotwiinstanding anything stated to the contrary by this Section 24.B, the obligations of Collector to indemnify Town under this Section 24.B shall be subject to the provisions of Public Resources Code section 40059.1, as it may be amended or modified. It is the intent of the parties that this Section 24.B be 49 construed to not be inconsistent with state law and be construed in a manner that this indeinnification obligation be applied to the fullest extent pennitted by law. SECTION 25. CHANGES IN LAWS. In the event and to the extent that any of the following require or are amended to require that either party hereto take certain action or desist from taking certain action that affects the promises, covenants or perfonnance of the parties hereunder, then this Agreement shall be amended to provide provisions that have as their purpose the satisfaction of such requirements. Furthermore, should such ainendments to this Agreement result in Collector having to incur additional expenses in performing its obligations hereunder, Collector may seek rate adjustments therefor in accordance with Section l6 above. (1} Town's Municipal Code, the California Public Resources Code, AB 939, other applicable state and federal laws, rules and regulations promulgated thereunder; (2) The SRRE and the HHWE; (3) The Marin County Integrated Waste Management Plan; and (4) Any and all amendments to said laws, plans and regulations. SECTION 26. EXCUSE FROM PERFORMANCE. A. The parties hereto shall be excused from performing their respective obligations hereunder in the event they are prevented from so performing by reason of floods, earthquakes, other "acts of God," war, civil insurrection, riots, terrorist attacks, acts of any government (including judicial action, but excluding acts of Town taken consistent with this Agreement) and other similar catastrophic events, that are beyond the control of and not the fault of the party claiming excuse from performance hereunder. B. Labor unrest, including strike, work stoppage or slowdown, sick-out, picketing, or other concer-ted job action conducted by Collector's employees or directed at Collector or its selected facilities shall not be an excuse for non-performance, and Collector shall be obligated to continue to provide service within a reasonable time under the circumstances, notwithstanding the occurrence of any or all of such events. Notwithstanding the foregoing, in the event of a strike or similar event that consists of at least fifty (50%) of the Collector's employees directly involved in collectioll services under this Agreement engaging in a work stoppage, Collector may require all customers to bring all Solid Waste to the curb for collection for no more than thirty (30) consecutive days, with no reduction in r-ates. After said thirty (30) day period, Collector shall resuzne collecting Solid Waste in accordance with Section S.B(1)(a) for the duration of such strike or similar event. 50 C. The party hereto claiming excuse for non-performance shall, within two (2) working days after such party has notice of such cause, give the othei•party notice of the facts cor.stitu±ing such cause and asserting it� right to excuse ur�der this �ectian 2v. D. The interruption or discontinuance of Collector's services caused by one or more of the events excused under Section 26.A shall not constitute a default by Collector under this Agreement. Notwithstanding the foregoing, however, if Collector is excused from performing its obligations hereunder for any of the causes listed in Section 26.A for a periou oi s�ven (i j or more consecutive working ciays, i�own may nevertheiess exercise its rights under Section 10, in which case the provisions of Section 10 (exclusive of Section 10.J) shall be applied. SECTION 27. GENERAL PROVISIONS. A. Independent Contractor. Collector is an independent contractor and not an officer, agent, servant or employee of Town. Collector is solely responsible for the acts and omissions of its officers, agents, employees and subcontractors, if any. B. Law to Govern; Venue. The laws of the State of California shaIl govern tllis Agreement. In the event of litigation between the parties hereto, venue in state trial courts shall lie exclusively in the County of Marin. In the event of litigation in a U.S. Listrict C�urt, exclusive venue shali iie iil ilie No�herri �istrici oi�alifornia. C. Prior Agreements and Amendment (1) No amendment of this Agreement shall be valid unless in writing duly executed by the parties hereto. This Agreement contains the entire agreement between the parties, and no promises, representations, warranties or covenants not included in this Agreement have been or are relied upon by either party. This Agreement is intended to supersede and replace the Existing Agreement, and all extensions thereto, as of and following the Effective Date. (2) The parties to this Agreelnent agree that during the term of this Agreement (which may extend for as many as twenty (20) years) it is likely that there will be changes in technological, economic, and social conditions that require modifications of the terms of this Agreement to meet future legal obligations and the expectations of each of the parties. The parties, therefore, express their intention to meet and discuss the need for modifications to specific provisions of this Agreement that may be made necessary through such l�P��P��rvmt>nic c �nr�_�t�nc�fic> �n„l:r... i:...,.� 1'1"-�---` r.�.�.�.�.� C"i.� ��.iv vru.��. xiuuiiti�� i1Vvv ii,C}%Cit�A� �JiVb1Q111J� Vl 111VIG G1111.,1C111 Solid Waste collection technologies, upon notice being provided by either party in the manner required by Section 27.D at least thirty (30) days in advance of a date � proposed by the notice for a meeting to discuss modifications to the terms of this 51 Agreement. The parties agree to meet and discuss in good faith on a mutually agreeable date(s) any such modifications requested by either party. Disagreements or disputes resulting from such meeting(s) regarding the need for modifications to terms of this Agreement shall be subject to any available legal relnedies. Any changes, alterations, or modifications made to the legal rights and duties of the parties by mutual consent can only take effect upon a properly and fully executed amendment to this Agreement. D. Notices. Except as may be otherwise prQvided, all notices required or pennitted to be given under this Agreement shall be in writing and shall be personaIly delivered or sent by United States certified mail, postage prepaid, return receipt requested or overnight delivery service with delivery receipt to establish date and time of delivery, addressed as follows: To Town: Town Manager Town of Tiburon � 1505 Tiburon Boulevard Tiburon, CA 94920 Fax Number: (415) 435-2438 Email: pcurran ci�ci.tiburon.ca.us Copy to: Director of Administrative Seivices Assistant to Town Manager Town of Tiburon 1505 Tiburon Boulevaz-d Tiburon, CA 94920 Fax Number: (415) 435-2438 Email: hbiaal] ��ci.tiburon.ca.us And to: Town Attorney Town of Tiburon 1505 Tiburon Boulevai-d Tiburon. CA 94920 Fax Nutnber: (415) 435-2438 Email: adanforth�ci.tiburon.ca.us To Collector: Mr. James Iavarone Mill Valley Refuse Service, Inc. 112 Front Street San Rafael, CA 94901 Fax Number: (415) 457-3003 E�nail: jiavarone(ci:millvalleyi-efuse.coll� 52 Copy to: Mr. David Della Zoppa Nlill Valley RPfi:se Servi�P l 12 Front Street San Rafael, CA 94901 Fax Number: (415) 457-3003 � Email: davedz cuinillvalleyrefuse.com �r t� suc� oth�r a��rEsS as �,ther��arty i„ay 11V1'11 11111G lV Lllll� UCJ1�11a1G �y All7L1CC lU LI1C other given in accordance with this Section 27.D. Notice shall be deemed effective on the date personally setved, or, on the date delivered by overnight delivery and personally accepted as established by signature of the person accepting the delivery, or three (3) Business Days from the date such notice is deposited in the United States mail, if neither party personally accepted delivery as established by a signature of that party. E. Separability. If any section, sentence, subsection, clause or phrase of this Agreement is for any reason held to be invalid or unconstitutiona] by a decision of a court - of competent juriscliction,-such decision shall-n�t affect the valiciity of the remaining - - portions of this Agreement. F. Exlaibits Incoi�porated. Exhibits A through E are attached to and i��coi�oi-a�ed iii iilis Agreeinej7i by reference. G. Joint Draftin�. This Agreeinent was drafted jointly by the parties hereto. H. Recitals Part of Agreeinent. The recitals contained on pages 1 and 2 of this . Agreement are hereby incoiporated by this reference and shall constitute part of the terms and conditions agreed to herein. I. Survival. The following sections shall survive the tennination ar expiration of this Agreement for such periods as are indicated by the relevant statute(s) of limitations: Sections 7,12, 14. 24 and 27. J. Representation on Authority of Parties. Each person signing this Agreement represents and wanants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Without limiting the generality of the foregoing, Town represents and warrants that it has the authority to grant the franchise provided for hei�ein aild otl�erwise perfot°rrl in accordance wiih the terms oi this Agreement, and that all necessary Inunicipal actions have been taken to approve the exeriitinn anr� nPrfnrrnanrP nf tliic A 6YPPtTiPYii Cimilarl" �n11P��tn,- r�,lracPn4c a,,.a _.._.......... .... 1,.,...,.........,., .,. ....., . .�..,.,.�..,.... .,....,..,,,�� .,.,�..�.��.,, ,.,t.,.,.,....�� .�,�. warrants that it has the corporate power to perform its obligations hereunder, and that all necessary cor��orate actions have been taken to approve the execution and performance of this Agreement. 53 K. Headin�s. Section and subsection titles and captions contained in this Agreement are inserted as a matter of convenience and for reference and in no way define, limit, extend or describe the scope of this Agreement or the intent of any of its provisions. L. No Third-Part_y �3eneficiaries. This Agreement has been made and is made soiely for the benefit of the parties hereto and their respective successors and permitted assigns. Nothing in this Agreement is intended to confer any rights or remedies under or by reason of this Agreement on any persons or entities other than the parties to it and their respective successors and permitted assigns. Nothing in this Agreement is intended to relieve or discharge the obligation or liability of any third person to any party to this Agreement. M. Terminolo�v. Unless the context of this Agreement otherwise clearly requires, references to the plural include the singular and the singular the plural, and "or" has the incIusive meaning represented by the phrase "and/or." The use herein of the word "including," when following any general statement, term or matter, shall not be construed to linnit such statement, term or matter to the specific items or matters set forth immediately following such word or to similar items or matters, whether or not nonlimiting language (such as "without limitation," or "but not limited to," or words of similar import) is used with reference thereto, but rather shall be deemed to refer to all other items or matters that couid reasonably fal] within the broadest possible scope of such general statement, term or matter. The words "hereof," "herein," "hereunder" and similar terms in this Agreennent refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise stated, any reference contained in this Agreement to a "Section," "subsection" or "clause" refers to the provisions of this Agreement. Wherever the context may require, any pronouns used in this Agree�nent shall include the corresponding masculine, feminine, or neuter forms. N. Counterparts. This Agreement inay be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The parties l�ez-eto may execute this Agi-eement, individually or in a representative capacity, and forward an executed counterpart signature to one or more other parties by facsimile, PDF image, overnight express or other means, and the party or parties receiving such executed counterpart signature shall be authorized to attach it hereto as the legal and valid signature of such executing party. The party or parties receiving such executed counterpart signature, together with their attorneys and counsel, shall be able to rely on tlle validity of such executed counterpart signature as fully as if the original of such signature was affixed hereon. This Agreement shall not be effective until the execution and delivery between each of the parties of at least one set of counterparts. The parties authorize each othez� to detacl� and combine 54 � original signature pages and consolidate theln into a single identical original. Any one of such completely executed counterparts shall be sufficient proof of this Agreement. (intentionally� left binnk; signature page follows] 55 IN WITNESS WHEREOF, the parties hereto have executed this Solid Waste Management Agreement as of the day and year first written above, to become effective on the Effective Date. TOWN OF TIBURON, MILL VALLEY REFUSE SERVICE, INC., a municipal corporation a California corporation � 1 � / - � by by ��.�- Jeff 1 itz, o David Bi gio, P ident � �� by ��-��_� ��.�z�-�°�_�_t__�_ _ — hy Margaret� , Curran, Town Manager J es Iavarone, Secretary (Seal) (Seal) � APPROVED AS TO FORM: APPROVED AS TO FORM: � � G � �� Ann Danforth, Town Attorney Attorne�fo Mill alley Refuse Service, Inc. Signature Page Eahibit n Schedule of Rates Exhibit 1� TIBURON !!h�(��'��I �N�#�4GI1i��1��11�111��?!��:�,.�-�I.��:R,:��'�li� - �I� N��1�1�i1�ill��lli��'�!�l��ii�!f��i�� ... ,.;., , .: (..,,f.i ;,;;, ,��i .,.. 0 - i Q;� .., .. � ' � �."i I��il tl i ..- pl..l:.h ..I; III� ,`FIaf,A'r,ea �,,� �I�,.n, Base Recycling Month(y Quarter{y Rate Rate Rate Rate #of Cans 11 Pick Up $ 26.73 $ 4.36 $ 31.09 $ 93.27 1-2� Gallon -------- --- - --_ - _ $ 30.71 $ 4.36 $ 35.07 $ 105.21 1-32 Gallon __ _ $ 59.48 $ 4.36 $ _ 63.84 $ 191.52 2-32 Gallon __ ----------- ---- $ 87.78 $ 4.36 $ 92.14 $ 27G.42 3-32 Gallon - - _-_____,_____ �- $ 116.03 $ 4.36 $ __ 120.39 $ 361.17 4-32 Gallan $ � 45.14 $ 4.36 $ 49,5Q $ 'I48.50 1-45 Gallon � ,�. i i �i ��; i�/� � �:� � ��,I°iL � I�,�(.i�� H��ifiCea �6�IIIjir . . _ Base Recycling Monthfy Quarterty . Rate Rate Rate Rate #af Cans!1 Pick Up $ 32.�5 $ 4.36 $ 36.81 $ 110.43 1-20 Gallon -- - ------- - _-_..__ $ 37.39 $ 4.36 $ 41.75 $ 125.25 1-32 Gallon - - ----__ _.____----- ----- - -.... -- $ 59.48 $ 4.36 _$______ 63.84 $ 191.52 2-32 Gallon $ 87.78 $ 4.36 $ 92.14 $ 276.42 3-32 Gallon _ -_ _ --- - _ _ --- - --__ $ 116.03 $ 4.36 $ 120.39 $ 361.17 4-32 Gailon ---- -- _ _ --- ---__-- $ 1q4.34 $ 4.36 $ 148.70 $ 446.10 5-32 GaAon ___ $ 55.09 $ 4.36 $ 59.45 $ 178.35 1-45 Gelfon #of Cansl2 Pick Ups $ 73.18 $ 4.36 $ 77,54 � 232.62 1-32 Gallon ________ � -------- ----_--- ----- -- $ 117.40 $ 4.36 $ 121.36 $ 364.Q8 2-32 Galfon _ _ _ --- ------ --- ---- - $ 173,66 $ 4.36 $ 178.02 $ 534.06 3-32 Gallon --- -- -_ - ____-- --__._ ..._-- $ 230.29 $ 4.36 $ 234.65 $ 703.95 4-32 Gallon �� '� ' �," "�' 4°„��I��,�l1�1�. . .�I�iI�II�hY��i�'�{��'a _ �'�� i '�',� , '�' � '�,:�,,!Hilarita A a"rtments� �� i.; � i:.�.��ii6 ;',;�� P. 8ase Recycling Monthly Quarterly Rate' Rate Rate Rate #of Cans/1 Pick Up $ 27.17 $ . 4.36 $ 31.53 _n/a __ 1-32 Ga(lon - Flat Area $ 33.72 $ 4.36 $ 38.08 n/a 9-32 Galfon - Hill Area ' ' i' All Other,Apartmenfs� Base Recycling Monthly Quarferiy Rate" Rate Rate Rafe #of Cans N Pick Up $ 28.81 $ 4.36 $ 33.17 n/a 1-32 Gallon - Flat Area ----- - __ --------- ----- --------- ____ _ $ 35.45 $ 4.36 $ 39.81 n/a 1-32 Gallon - Hil(Area TiiBi.�RON �; --r „ - - i�� , f, � � � ��{. � ;,.,� � ��;,: � ' �� .u� ��( Yard�Confain`er�� ;� � , , , i�,�ii, �.i.��n. i!.�.�i� .I ,�i.,i i� r:,�� . � Base Recycling Monthiy Container Rate Rate Rate Ftental Jt of Pick Ups $ 127.22 $ 16.95 $ 14�4.17 $ 22.66 1 Pick Up $ 254,5�( $ 33_94 $ 288,45 � 22.66 2 Pick U,ns ' - ----- ------ --- ----- - - --_.- $ 381.81 $ 50.87 $ 432.68 $ . 22.66 3 Pick Ups - -- . _- $ 509.06 $ 67.86 $ 576.92 $ 22.66_ 4 Pick Ups _ _________-_-- -- _-- -- --_ �.__- $ 636.31 $ 84.84 $ 721.15 $ 22.66 5 Pick Ups $ 763.60 $ 101.82 $ 865.42 $ 22.66 6 Pick Ups $32.47 per yard extra trash charge ::� ,�.�ii� i�:�'.� .�.�U II ':� I ii�-I:n� r�� ...;�� .: �:� .. � , � � t � ��: 2�aPf� �'i0i'i'�iP9�P � ; i�:ii.,�„I � ' i ...i�':; -i':II III II�i:�l; �.. 4..,,,1 . . ._ ..�:�. I I .,.:�� .t �, . � ,-.. Base Recycfing Monthly Container Rate _ Rate Rate Fiental #of Pick Ups $ 254.51 $ 33,94 $ 288,45 $ 39.10 1 Pick Up _------ ----- - -____------ $ 509.03 $ 67.88 $ 576.91 $ 39.10 2 Pick Ups $ 763.60 $ � 101.82 � 865.42 $ 39.14 --3 Pick Ups --- - ----^-- � 1,018.01 $ 135.78 $ 1,153.79 $ 39.10 4 Pick Ups $ _ 1,272.65 $ 169.72 $ '1,442.37 $ 39.10 5 Pick Ups $ 1,527.9 6 $ 203.67 $ 1,730.83 $ 39.10 6 Pick Ups $32,47 per yard e�ra trash charge �.: r, n�� i , i-ui i i , , �i6� ;� � ��,I�� 6 Com;m,ercial�Trash�'Cans��'� � ` ,u i� .� ;,. , h,i,+ri.�u� �� ,. ,..�� ,.. . ; i,: Base Recycling Monthly Conkainer Rate Rate Rate Renta[ #of Cans11 Pick Up $ 43.62 $ 4.36 $ 47,98 n/a 1-32 Gallon $ 57.15 $ 4.36 $ 61.51 n/a 1-45 Gallon _: :��,, � ��:; ,�,��,n�Compactor;Rate'�Pe'r yard}; , ,. ` , , . � . �;. � ,� a�a �..,:,.. ,,... Base Recyclfng M�nth[y Gontainer Rate (per yd/month) Rate Rental #of Pick Ups $ 92.33 $ 16.95 n/a n/a 1 Pick Up Maximum Weight: 8 tons. Overweight charge: Si00 per ton. � - ��.'t'��'i�w�iwO�i'P�ii��.u� -r ..'P.!�C°�i. �J'" :Ilcz� . � .. , , . .. . �I ,�.., ..Vr,J['iVfq1.VV1'llll�l�141QIi'.�a�ui�uctyi��v�t;C� � �� . . Saturday Recycling Monthly Container Base Rate Rate Rate Rental ��of Cans/1 Pick Up $ 190.84 $ _ 25,44 n/a n/a 1 Yard Container- Saturday $ 38�.77 $ 50.92 n/a n/a 2 Yard Container- Saturday . '.w; ~ 1�.� �� . . ��@D�� 5��9Be� b � ;:;� :a -� -,,,.�...,,... �,�,�, ,, , Debris Box Rates effective dates 7/1/2008 7/1/2008 7/1/?_011 7/1/2008 7l1/2011 7/1l2008 1/1/2008 10/1/2009 10/1/2009 Alto/TV Milf Valley Beivedere Corte Madera Strawberry Tiburon Homestead Almonte County 1-3 MV County Permit Permit Permit � Bldg Permit Permit 4Y $ 136.OQ $ 136.00 $ 141.00 $ 129.00 $ 157.00 $ 129.00 $ 133.00 $ 144.00 $ 152.00 10YD $ 322.00 $ 302.00 $ 339.00 $ 309.00 $ 336.00 $ 271.00 $ 280.00 $ 303.OQ $ 360.00 ------ -- _-- -- - �__ _ � ___. 20YD - --- - --_------- $ 519.00 $ 488.00 $ 540.00 $ 493.00 $ 541.00 $ 438.00 $ 452.00 $ 489.00 $ 580.00 40YD $ 1 ,036.00 $ 975.00 $ 1,081.00 $ 987.00 $ 1,079.00 $ 876.00 $ 905.00 $ 979.00 $ 1,158.00 5YD Dirt $ 314.00 $ 321.00 $ 347.00 $ 317.00 $ 354.00 $ 287.00 $ 296.00 $ 321.00 $ 350.00 10YD Dirt $ 465.00 $ 472.00 $ 505.00 $ 461.00 $ 530.00 $ 430.00 $ 444.00 $ 481.00 $ 520.00 Recycled Debris Box Rates* A(tolTV Mill Valley Belvedere Corte Madera Strawberry Tiburon Homestead Almonte County 1-3 MV County Permit Permit Permit Bidg Permit Permit 4Y❑ $ 165.00 $ 165.00 $ 17Q.00 $ 158.00 $ 186.00 $ 158.00 $ 162.00 $ 173.00 $ 18�.00 10YD $ 380.00 $ 360.00 $ 397.00 $ 367.00 $ 394.00 $ 329.00 $ 338.00 $ 361.00 $ 418.00 _ 20YD $ 635.00 $ 604.00 $ 656.00 $ 609.00 $ 657.00 $ 554.00 $ 568.00 $ 605.00 $ 696.00 40YD $ 1,268.00 $ 1,207.00 $ 1,313.00 $ 1,219.00 $ 1,311.00 $ 1,108.00 $ 1,137.00 $ 1,211.00 $ 1,390.00 Dimensions 1 Weight Limits 4 YARD 10 YARD 20 YARD 40 YARQ . 5 YARD 10 YARD Debris Debris Debris Debris Dirt or Rock Dirt or Rock Compactor Length 54 Inches 12 Feet 16 Feet 22 Feet 12 Feet 14 Feet �+' `y'� `'` Width 74.5 Inches 5 Feet 8 Feet 8 Feet 5 Feet 8 Feet a 4 `1 � � � �;�i Height 51 Inches 5 Feet 54 Inches 82 Inches 3 Feet 3 Feet '' � �.' ----__ ----- �-=_._..�; _ --____ __ ------ ---------- -- ___-_---- ---- ----- e�ght Limit: 2,000 �BS 4,000 LBS 8,000 LBS 16,000 LBS n/a n(a 16,000 LBS Overweight Charge: $100/TON ` Debris Box Rec,ycling r=ees are ch<arged in addiiion to ihe r�gular Debris Box Rates due to the additional durr�p fecs charged E�y the landfiil Miscellaneous Terms and Conditions f'or Residential Rates Base Rate Base Rate inciudes trash and compost can sei•vice.MYf�provides one(1) compost can and one(1) recycling can per customer. Extra compost and recycling cans available nt$6.00 per can per month. Apartment/Malti-Unit Residential Rates Apartmentlmulti-unit residential complexes are defined as multi-unit residential housing with four or more L1I11tS. Apartment/multi-unit residential complexes that use the available yard/food��aste composting service will be charged a rate reflecting the actual amount of garbage collection requested,measured in 32-gallon equivalents and applied on a per-trip basis at the applicable 32-ballon, once-per-week rate as shown on the current,approved rate sheet. Apartments/multi-unit residential complexes that do not use the avai]able yard/food ti�aste composting service will be charged a minimum of one 32-gallon can per unit/per trip at the applicable once-per- week rate as shown on the current, approved rate sheet If the following equivalency formulas need to be used,and they result in a higher number of 32-ga]]on cans than the minimum of one per unit,�then the applicable once-per-week rate shall be applied to such higher number of 32-�allon cans. If thc result is a lower nutnber of 32 gallon cans,then the minimum one can-per-unit char�e shall be applied only to those acc�turts not using tne yarciifood wasie composting service. Equivulencyformula: In cases where 45-gallon cans or 1-yard and 2-yard containers arc uscd instead of, or in addition to,32-gallon cans,the following equivalency formulas��ill be applied to deternline the total amount of 32-gallon cans deemed collected at tl�at]ocation (without regard to whether the.containers are filled): • Each 45-gallon can will be considered to hold one-and-one-half 32-gallon cans. • Each 1-yard container will be considered to hold seven 32-�allon cans,and each 2-yard container will be considered to hold fourteen 32-eallon cans*. Multiple lrips in a week to a single location will be char�ed a multiple of the applicable once-per-week rate. In all cases, a 10%discount off the base rate will be applied if all units are paid for by thc property owners. *If 1 yard or 2 yard con[ainers supplied by!�f[�RS are u,recl, standard eommercial cor�tnrner renta!rates will be charged in addition to the applicable apartment rate. Miscellaneous and Estra C'harges 32-gallon extra trash can/bag: $ 8.00. 32-eallon extra yard ��aste can,�bag: $6.00 45-gallon exn�a trash can/bag: $10.00. Customers should call ul advance for free quotes on other loose trash and bull.y iten�s. Delinquent Accounts If an account is�ut on"stop service"clue to a past due balance, a$20.00 processing fec will be charged in addition to the past due amount to reactivate service. V acation Holds on Service Accounts may be put on Vacation Hold for a minimum of three months only.Ivo administration fee upon reactivation of service. '_Vlultiple Cans/Pickups Multiple cans/pickups of quantities listed on the Residential Rate sheet are charged a n,ultiple of the single can, one-time-per-week pick up rate. � 2011 Version MiscelIaneous Terms and Conditions for Commercial Rates Base Rate � Base Rate includes trash and compost can service. MVRSprovides conzpost and recycle cans upon request. Multiple Cans/Pickups Multiple cans/pickups of quantities listed on the Corrunercial Rate sheet are charged a multiple of the single can, one-time-per-week pick up r�te. Container Rental Fee Rental fee covers all repairs due to nonnal wear and tear and steam cleaning of thc container once per year. Additional steam cleanings during the year are $100 per containcr per cleaning. Saturdav Service ' There is no special cl�arge for Saturday service if the customer already has five (5) times a week service during the regular workweek (Mon-Fri). "The special Saturday rate is available to customers with a minimum of three (3) times a week service during the regular workweek. Sunday Service Sunday service may be available depending on demand. Rates are subject to negotiation. Delinquent Accounts If an account is put on "stop service" because of failure to pay the bill, a$20.00 processing fee will be charged in addition to the past due amount to reactivate sei-vice. 2011 Vc;rsion Exhibit B Map of Service Areas . E;�hibit B � �.x 1�� ; �t--- �$ �, - _ -:�� . ��---�- ; _ , �� ; . , � . - � � ? "'�. �( :�`� ,� .. _ . �; � �;. .. - _ � . . ,�� , ,--; ,.t, .\ -� r , .;..., . .., ��I . ' , . -. . i � . , /.! - _ � ,� ,f oq _..-- �'7 , . � i�. . , 1 V.T d t ;• _ . . . ._. f , .� L .t_. . �. �y' .i�{� �J�� ' __ .\ _� .�- � �. �L� �':✓. �. ... '' , �M ��' � �L `,t. • + ..�,1 '.�a. .. , ' '�� :;:.� '�f� ' �' � � ( . � �' \. .. `� i '-ib1 .. r e �- 1 i�.� y �4Y� . , i �� 1 . {� �`� � l � ,� \ 4�',_ . .�� \ \X . { I.( 1` � r 1.I . 1 \��; f bl;bY'? \r � � 1 Y` . � �� I � n� �. �-�' � � : p� i x- � (t p..X 'q AGq / \, �. � . . . . � . .. U} `'. }.. . . � \ .. i � . r�f ' >, ♦'�a�. �� i. .��[ I`�'r. .�'.' ,.,''` .l n�t.�i...�.1 : . . : �'- ., . I . _ -n,� ' , `� . kc:. Y rv . . f . . . . ��.:.. - �� '. j , ' : ,�Y . . .tT. }� p�^ ��u � ... . <�e � . ' y.. fE . ,. . �1-; fM'�,,' � , , � , � �� , ,. , , , , l �. .,: ' ' , .�.�:..___ _ ---- � .-.' - 9 .: ,�. I � -_� � � - ` ' - - - , ,,,,. 4 �`, � - - , , , �, �: � -.•�,, _ -(i xz ,., . _: _. .-. \, ir...,r. , , . ,,. , � , .. ��i � .... . � _ � '. � y . • �. , ., � - � ... ;. � - I ^ - � '`, � , . � � ,� � '1__ '._.._; � ' ' r. . .- . + >( ,. ,� ,.... . � ! . �� . � � � ��_ � ,, :� �, - - - -- j �_ -� �� - �� 1 �,\1� . .... '. ' \ ,, � . ..,_., � I��chibit C Form of Required Insurance Documentation E�hibit C �r.—� MILLV-2 OP Ip: NSVV `L"�R�' CERTIFICATE �F LIABILITY INSURANCE DA7E(MMlbD/YYYY)� 06115l11 PRODUCER 707-796-7190 TH(S CERTIFICATE iS ISSUED AS A MA7TER OF INFORMATION Vista Internatlonal Ins. ONLY AND CONFERS NO RtGHTS UPON THE CERTiFICATE Brokers/Lic.#OF64200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR �318 Redwood Way,Sulte 250 ALTER THE COVERAGE AF�ORDED BY THE POLICIES BELOW. Petaluma,CA 94954 Jeff Rosentreter CIC INSURERS AFFORDING COVERAGE NAIC# -- — -- —�- — — -- INSUREO Mill Vailey Refuse Service, —iNsuReR a Transportation Insurance Co. I n c. ----- __ P.O. Box 3557 �insuaer�a:Valley Forge Insurance Company — - ----- -------- --- -- San Rafael,CA 94912 iNsuReR c:National Union Fire ins.Co_ ___ wsuRER o:Travelers Cas/Sur Co of Amer , INSUREft E: COVERAGES i THE POLICIES OF INSURANCE LISTED BELOW HAVF BEEN ISSUED TO THE INSURED NAM�D ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANOING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICA7E MAY BE ISSUED OR MAY PERTAIN,7HE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUE3.lECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED 8Y PAID CLAIMS. -- - — --- INSR AO� ` �pOLICY NUMBER WOLICY EfFECTIVE lPOLICY EXPIRATION LIMITS RANCE I __. IOATE(MMfDONYYYIIDATE MMl�D ��OOO,OOO � DENER.4L LIABILITY ! EACH OCCURRENCE 5 _ __ A � x COMMERCIALGENERALLIABILITY 4022447447 01101/11 011D1I92 pREMI5E5 Eaoccurence S �OO�OOU CLAIMS MADE �OCCUR MED EXP(My one person) $ 6�OGO � PERSONAL 8 ADV INJUf2Y � 'I�OOO,QOO � GENERALAGGfteGATE $ 2,000,000 GEN'LAGGREGATELIMI7APPLIESPER: PRODUCTS-COMP/OPAGG $ 2�000,0�0 POLICY PRO- LOC �_�,_ . AUTOMOBILE LIA9ILITY COMBINED SINGLE LIMIT � 'I�O�O�OOO 8 � x ANYAUTO 4015773450 01101111 01I01/12 (Eaeaident) ALL OWNED AUTOS BODILY INJURY (Perperson) a SCHEDULEDAUTOS ___... ._ � HIRED AUTOS ��'BODIIY INJURY (Peraccident) $ NON•OWNEdAUTOS __ _ ____„__ PROPERTYDAMAGE �� '� (per eccldent) � GARAOEIIABILIN AUTOONI.Y-EAACCIDEhT S i ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG S EXCESS 1 UMBRELLA UABILITY � � EACH OCCURRENCE S �O�OOO,OO C X OCCUR �CLAIMSMA�E �E19715111 01/01/91 � �'��'��2 qGGRFGATE . . S 16,0OO,OCO S �EDUCTIBLE — -_— s -- � _._ j RETENTION 5 _ _ _ I S ...........___. IWORKERS COMPENSATION j WC STATU- OTH- AND EMPLOYERS'LIABILITY _t TORY LIMIT FR _______ �ANY PROPRIEfOR/?ARTNER/EXECUTIVE Y❑ ; �E.l.EACH ACCI�FNT S �OFFlCER/MEMBER EXCLUDE07 I � � � i(6lendetory In NH) E L DISEASE-EA EMPLOYE S �IIlyes,desWbeunder �-��...- ..-�—��-.._. —. �'� SPECIAL PROVISIONS below � ,_ EL DISEASE-POLICY lIMi7 5 I OTHER � I p �Empioyee Theft 105591466 03/37/11 , 03/31/12 Per Loss 1,000,000 � DESCWPTION OF OPERATIONS/LOCA710NS/VEHICLES!EXCLUSIONS ADDED BY ENOORSEMENT I SPECIAL PROVISIONS Addl Insured-Town of Tiburon,its o�cers,agents,and employees are named I as an additional insured for all liability arising out of the operetions by or on behald of the named insured. Insurance provided herein is primary. I Loss Payee appllas for Employee Dishonesty. GERTIFICA7E HOLDER CANCELLATION - SHOULpANY OF THE ABOVE DESCRIBED POUqES BE CANCELLED BEFORE THEEXPIRATION DATE THEREOF,7HE ISSUING INSURER WILI��SC�X�XMAIL 3O OAYS WRITTEN NOTICE TO THE CERTIFlCATE HOLDER NAMEO TO THE LEFT,�(�(�(�(�� Town ofTfburon 1505 Tiburon Bivd. Tiburon,CA 94920 AUTHORQED REPRESENTATIVE ,,^�� (u[rQ� I ACORD 25(2009l01) , O 1988-2009 ACQRD CORPORATION. All rights reserved. The ACOf2D name and logo are registered marks of ACORD CERTf-iOE.DER COPY NC ♦ P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 � CERTIFICATE O� WORKERS' COMPENSATION INSURANCE ISSUE DATE: 06-15-2011 GROUP: 000930 POLICY NUMBER: 0000035-2010 CERTIPICATE iD: 40 CERTIFICATE EXPIRES: 10-01-209t 10-Oi-2010/f0-01-2011 TOW�V OF TIBURON NC 1505 TIBURON BLV� ` TIBURON CA 94920-2530 This is to certify that we have issued a valid Workers' Gompensation insurance policy in a form approved by the California lnsuranr.e Commissioner to the employer named below tor the pelicy period indicated. This policy is not subject to canceilation Uy the Fund except upon 30 days advance written notice to che employer. We wil{ also give you 30 days advance ne;ice.shouia this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by ihe policy listed herein. Notwithstandinc any requirement, term or condition of any contract or other docunient wrth respect to which this certiticate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is su6ject to all the terms, exClusions, and conditions, of such poficy. I'`lfYlta. c�,,,�,_ Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEfENSE CDSTS: $1,000,000 PER OCCIJRRENCE. ENDORSEMENT N1600 - DAVE BIGGIO P - EXCLUDED. ENDORSEMENT I{1600 - RAYMOND DAMI COB - EXCLUDED. ENDORSEMENT /#1600 - bAVID DELLA-20PPA VP - EXCLUDED. ENDDRSEMEN7 N1600 - JAMES IAVARQNE S,T - EXCLUD£D. ENDORSEMENT H2O65 ENTITLED CERTIFiCATE HOI,DERS' NbTICE EFFECTIVE 10-01-2004 IS ATTACt�lED TO AND FORMS A PAR7 OF 7HIS POLICY, ENDORSEMENT H2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 201'1-06-15 I5 ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: TOWN QF TIBURON A11 rights of subrogation are hereb� waived against Town, its officers and employees when acting within the scope of their appointment or employment. cMPLOYER MILL VALLEY REFUSE SERVICE, INC NC PO BQX 3657 SAN RAFAEL CA 94912 (81A,NCJ PRINTED : 06-i5-2011 � (REV.6-2C101 ��_a g � � �,�� `�-�� /�,��c� ��_��:� �� 177P0 FI'iCl1/IKV'INL, CA 927i<< �ond :"la: � 868012P _.___� ,�� [� �` . - - �C G=��. �ten,ium� _szlo._��,_ _ �� rR,1Iv'CNISE OONC �N01a ALL AfGN B1' THESFi F[tESEN'SS, th�t ��e �_�TIL VALL��REI'I15E 5�3RVICE INC;_ i� Priilcipal, nnd __�_ llEVELOYi:RS SURLTY FND X`1DEM'.dITY COMPAIYY_f_ � Corpo[aCion organised ui�der ChE lows o: the 5cata of Callfotnia, and duly auChorieed co ransacl' biisiness under CI;A laeas oE �he State of Califocr.le, as Surety, ara held e�nd :it�nlp bound uncc tl�e �TOFN.OF_TIBUR0J1_.. ._. .v . � ;CnCe o.f Ca.11�oxnis, as Obli�er_, in che )us[ and .u.Ll 5un`. cI TEN TROUSAND_AND N�9 /104-�)_. ---------O01.1 n r s (F 10.000.00 Cor the'paymant Wheceof taeJ.l anti t;ruly-to`be me e, ar.d Prineipnl iand Surety bind [heiusel.e•e�, thalt heire, axecuCor's, edm,nlstrntors, succecaore anu assi.gn9, joinCly enJ sevecalJy, Cirmly by these presei�es. 'PIIL COIvDXTIOt� o[ the foregoing ob1�•B�r�O11 =� ��cli, '}'°� Whereas, [he above bounden Pri.ncipel hns entered into a FtnncViiee Cuncract dated NOVFMBtiR 12TN, 1965 uxeti [k�e ssid Obligee [or tlie eo�].ec[ion, �L-�naporcetion and diapoon�of rREuse feom the area paJ�e11�Zdg ist saLd ?'�'a�ch�se ConCt-sct foz t`as wi11 moreefuJ.Jy ap'�ar16ronOoai F'rnnchi.se Contract ��n llECEMBBR 31, 2002 refeYence Co whlcli i� hereby m,ade. NpIJ� T};P,RETORe, i. tFe sbove licunJen Principal, ��is o� ies.I�e:irs.IIn�rNellrond7tlrulyslcecp�rs, trucce6sars oc a�sinhn aha1.L 1n [�11 CI��J.��g+� '`C°11aemonesJln�Cnc sai.d 1'i�Anclifnn ConCrnch on his snd perform the convanan[e, rondi�lo��a and eB part, Co be kept and perfuru�ed at the time nnd in t�•,ean?n�ha1l,,AndemniP>'ce��esa�a,l�arm]ess reepecte according eo el�eir r.rue 1iiCent nnd meantng, blRcomeid''D�ing�eVQ�d9 otherwlseelt sgallFL'egxnd renp�?.�`inUftilldForcenend�vi�rl'ue�ation shnll q�h�� a�d �s execueed sub�ecr. Co i:�� F�17oi,�ing e�:presr. condition, the fulfilltnen[ o[ �.�hich being precedenl' Co any rlght oE cecovery hereunder, No, 1 Th=B bond st,a11 be censldered as one of su.e[yehip only and tlie rigl�t o[ ac[>on :Ic given to no one other than �he ebllgee riamed I�erein, No. 2 IrreapacCive ot the Cerms o[ the agreemen�A(ndrCheRObligee)1GhneCh'ls�bond will�6e psrtlas Co chie hond (tl,e Princip�l, the Suret}•, eFEecCive 3Dd i.a ce[�ewehJ.e by conCinustion ' .rur�E 16, zooz �ro D�cr.�Lx 31, zooz - . cerG�fica�ee far additionnl periode of one veac, Fucl, ��ntlniiation certificaCcn to be iea��ed nc �he optir,n of Cho SureCy. P,u`eCy c(�rces cc' give [h:.rty(30) dttyR noClee in c�clClnP Lo thC 0611gee of eiClior cencellar.lon or its 1nte�;C ro[ Co retle�o� as plovided Por in clie bon<1• No, 3 ?�obice of sny clai.m here�ma�� g��on as �oeaibla and inrany evenl�w�Clt�n�Eifteen�(IS)��N, 'R\�INL, CA 92714 day�t afCer anythir.g ehail i}ave ceme co tl,e notice of the Obl.igee or a�ip of ies oE ccre iiiulcetln� `.he rossibli�;' Co rluim hereunder, No. 4 Auy nctior. to recover ioss hereu;�der shallib� V��C}nP`�`b��Ppss;.ble�ciaim,as p�ovlded o£ eompeCon[ j�lriediet?on u!th.n or.e yenr efter g r,ccion if he cnn a'1c�i in Condltion No. 3 ar�d Che P:incipel. ah�:i b¢ made e paity to eueh reasonable diligenco be se_ved �,'irl: p:eces^ [herein. ' sexls Cltie __25TH day of IN 14I1'tvESS {JIIERCOr, ��e have nereun�.o see out hands a ,:t _-_- JUNE 2002. ---- - - MILl VALLEY IZEF�JSE SERVICE, INC. DEVELOPCRS SURETY AND INDEtRv'ITY �OMPAI�Y ----- -- ---__-- ------- �u r e t y ?t'incipal ,,,,; ��.� _ � �-_---- �' _-_�_ —___-,�_.._ CORINNE SiTLLIV�-�r�iey-ln-}'act '- BOND R1D�R �7E�.VELO-PER�5i�RETY AND i�f�?EiJI�11TY CONiPAivY 97780 FITCH SUITE 200, IRVINE CA 92614 DATE OF NOTICE BOND NUMBER TYPE OF BOND LICENSE� 6117(2Q1'1 868092P ONST CLAS B-AL 07HR Nothing herein contained shall be held to vary,waive, aiter, or extend any of the terms, conditions agreements, �r warranties of the abave mentioned band, other�than stated befow. OBLIGEE: Town Of Tiburon 1155 Tiburon Bfvd Tiburon CA 94920 Gentlemen: This Rider is to be attached to and form a part of the above captioned bond effective 12/31/2010 This Rider is on behalf of Mill Valley Refuse!nc understood and a�ree�, �ffe�tive ir�m above d��e, tn�t increase bond amount from $10,000.00 to$100,000.00 Provided, however, that the liability of the company under the attached bond as changed by fhis order shall not be cumulative. 5igned this 17 day of June, 2011 By � O (l� t� `�,'�,1�`-��'`{�-_.. a PR�DUCER: S�ePhe'n G�R�adie, Attorney-In-Fact Addison York Ens BrKs dba dba Vsta Intl Ins Brks 1318 Redwood Way Ste 25Q Pefaluma CA 94954 E�ibit D Solid Waste Collection Equzpment ��ibit D EXHIBIT D Day: Service: Garbage RecyclP Cr�Q►� C�r_ Monday #3/single man #R2/sin�le man* r`10/single man* #22/single man #R8/single man* ;%R1/single man � #29/single man` �11/singIe man* Tuesday #3/sin�le man* #R2/single man* #10/sin�le man* #18/single man* Wednesday #3/single man* #R7/single man #R12/single man #18/single man* #29/single man* Thursday #3/single man* #R8/single man #Rl/singlc man #1/single man #R2/single inan* #10/singl�man* #29/single man* #R7/single man* �R12/single man* #18/single man #22/single man Friday #3/single man* #R8/single man #R1/single man #1/single man #R7%single man ��Z12!single man #29/single man* #18/single man #22/single man Saturday #3/single man* Additional Service: Street Sweeping Truck/single man Mon-Fri (each service area covered one time per month) NOTES: Notations unc�er type of Service are the truck number/ntunber of inen working on truck. Truck numbers 3 and 10 are 25-yard trucks. Truck numbers 18, R8 and R7 are 20-yard ti�ucks. Truck numbers 22, R1, R12 and R2 are 18-yard trucks. �I�ruck numbers 28, 11 and 29 are small shuttle packers designed to operate on very i�arrow streets or long driveways. *Designates that this man or men vvork only part time in Tiburon on that dav before moving on to other service areas. E�ibit E Street Sweeping Services Exhibit F ,L :p...., "�.,�� A ,`�.,,,.�. ^,b,�,g s �7C�i � t`�` � � i" �; � � ,,' t. , . . , t t, >. `:r f . l"iburon ' -�1,,,p.,�•nN��wn ire.v i.��.wepi every Mond;aV�nil Fr:�1,iy� . ?st T�:asd:+y 1st Wradnes;lny :st 7hursday, ;f !•r,lay � ,�,.I,,..,,. 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' !:�.� I,fl . � : , .. r. *'l .,.t. ...'x)�. . i..Vf`ni11;1?.''.u.11i .. .. � .� .. � , .. ... .'.il .:��1�, ..i'��i.,��1 ' .. .-.�I:.�� ...��.. .. ..:'{!N I(- ' . '�rl 1� ��' .,.i'f ��. "1 :F"I.1�.�.�. �......�: l i �.�'li.l�1��.1;!� , . 1�_�,iili�l�., r.,�t:li;'i:"� .. �.�":)':�1\I\;�-i _ ,�ftl.� F1.�[:G('..!•; .��-I�;��:��:._. �,:-.-��c,`,,..., .. tf:.i�n--:r,(�;�:.l�- . .�._.,i. ��. �:��+ . .. �_ . . r�,<n�il6u„�. ; _ . . . . . �:.i.;�,j.,r _ , �.r;�.�.� P.A<,;��,-��v'-�iP t{ri ..a�:� . . .. � i'.-i.�.... .�.,, . . �i�.'�41!r• . ,.�.n.ru ,,��.I��;t?i . .. . . . .,. :`t .�:,r-.�R;: , ,. i, . '�p:�„dy I.� .'��:n�' . .. , . . . ... .. \� .,�.. .. . . .�!. , .. ! ,k��.. ,\,-'.,:-r. � . . . . ,a ,,:� r,;�� , ,,, -! ... . ,..�.n�,_.,,,., i,,. .. ,�:. o :� . . �: � .. , . �,,._ �,i-, ,� _,. _ �-. , .��:_ � , � . ,., . , ,. _.� �_ �r, ri�_ .,, . . , .. -. , — � , ,. �:: .. ., . ,,:_.,:,.: �;:�::, !��i� �., , r.� ,,. ,, . ,..,n�� _. ..,� ,r�,,.. � ,, ,,,-,�r, _. �. ( .r .,:, l' ,.,��• ,� i � i te; ...!i -.>f'"_ R•. , i'��f;.. .,. �i• .. .. . . �rn.�. . . ..i , . _�;t(,. . ..... . �.c ,`I I'�':� ...... ��. -.�r. . � ., .. .� i ��.Il�.r;� 1 �1,: ....i� I � .v..�ll'.; .� f'�lii::l:; . .i .,.:r:,�...�..-. . .. ..i.� .. . . � . . . . . . ��7 1 ` '�' � .. . ��i . .Ii�.��i _�!.I�..i. �I11 � ii�llf�!Il �II':l�l� �t\�..'�7.�111'. i� ,� ". ' EXH I BIT 2 From: Lea Stefani To: Lea Stefani Subject: FW: Proposal to Postpone Rate Application Hearings Date: Wednesday,June 10, 2020 12:16:35 PM From:Jim lavarone<�i ��r��nr �� ii� ii ,__ �<<_.cr�;�?��> Sent: Friday, May 22, 2020 11:05 AM To: GM <�„�/I._(�slr��ti„E�_� �yr��c �� ;,>; Greg Chanis« ��_�� >>v�< ��_�; �� n �rn>; Bill Hansel �s., _u�_,.T_. � m) <al�� i� � �� _� �r� >, ;.� ��ii��o� �� ita%ofbclv�C�re or�. �Itosanitar ��n��. I .._ _.__ t_ .�.. � �... _ _---- _.._.._._...- --., CItVIY1�3fld�el"i�CItVO'Elli��i '�II�C'V/ C� ;_; �E'Vlfle, SC2Ve<< t %If1P(C).�i1�31"Ifi�:OLJII'f��'.C/�I`�>; BOflfl2l`BCUrl�el" � ((Y1df�l�Pl"C�1 f10111P t-i�lV/l��r�_�SC�, �,� < I ln"?, -�'� �rlOil� 'l �(iV"�i�'�'�/�.OI£>� Sfl01l11 �OUg�IE'ft�/ � (man.a�eri��ln�or �t��ci c�,�,,) <,>> �;;� r��,�aL�:,� +t�_.,. � ,..�;>; Todd Cusimano<tcu.�i.r�.�no_�x tc_mr��aiL��rg> Subject: Proposal to Postpone Rate �pplication Hearings _ _.._._ �.._ .... _. __- __.. _..._.. __.. . �_.__.._ ._ _._ ._. _..._ � . _�._.__, �F �;" 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 Ali, I-1old the presses! In regards to upcoming hearings on our-2020-?_1 Rate Application; we would like to make a proposal to postpone our request for a rate adjustrnent for the first quarter of this rate year, and come in with an amended Rate Application in September instead. The reason for this sudden change of plan (besides the bad timing of asi<ing for a rate hil<e when so many people are struggling financially from the COVID-19 shutdown) is that we now have some actual revenue numbers since the shutdown began to compare to the projections we were mal<ing in March when we needed to meet the April 1 deadline for our Rate Applic�tion. What we are now learning is that an increase in residential revenues has partly offset the reduction in commercial revenues, and commercial revenues are not down as much as we feared and projected they would be at this point due to the shutdown. Based on this latest information, we feel the best course of action now is to: 1. I-lold the existing rates through the first quarter of this rate year (July-September). 2. Resubmit an amended 2_020-21 Rate Application in mid-luly (to give us time to include June revenue numbers in the calculations). 3. Hold hearings in September on the �n�ended Rate Application so that, if approved, the new rates can be applied for our 2nd Quarter billing on October 1. (Please schedule meetings no later than the 3rd weel< in September so that we have a weel<to enter any new rates into our syster�� in tir7�e for the October billing.) T(l !"1P (�IP�1" YIIP af7lPflllPr� 'lrlr��i�-':al�inri �nini i�ri coo� tH�c� n �cc�r�i iv lrl r-i}�� -,�;,,�tw,(,r+ h(, -, .,I�.,.J .� ...� �.��. , ..... .,..,.�..,..�... ...r,r,�,.,.,��.,�, ,,.�...��.. ��.�.�. ��` ��.��.��U�y ....,..a....., iui� uu�u�uiiui� �✓c aj�Nncu over a nine-month period rather than the usual 12-month period. If the above proposai is acceptable, I assume we would need to hold meeting dates in June so that your councils and boards can vote to approve delaying Rate Application hearings until September, if that is correct, I wili be available to attend any such meetings as necessary, either virtually or in person. Th a n I<s, Jaines Iavarone Mill Valley Refusc Sel-vice (415) 457-9760 xl2 Town Cou��cil Meetin<� �,OWN OF 7'1I3U120N June 17, 2020 °�� 1505 Tibin�on Boulevard Agenda ]tem: A1 - 1 b Tibw-on. CA 94920 . �_.... , . � � . To: Mayor and Members of the To��i� Coui�cil From: Oftice of the 'I�own Manager Subject: Coi�sider approval of'`Slow Street'� P�-oposal, including the closure of Main Street�din-in�� eel<e��ds this s�immer � � 'y ,, a Reviewecl By: �� ,�r ,,q,'��7��, .�r,=�t. � �� Gre��Chanis,To�vn i�1ana<�er Bei�,jamin Stock,"I'own Attorney SUMM�RY On Jtme 3,2020, t�he To�vn Council adopt�ecl Resolutio�l No. ]8-2020 en�blii�g certain businesses i�� Tibucon to reopen pursuant to Stat�and Coimty public health guiclelines,ancl facilitates the operation of bl�siness outside by allo�ving businesses to submit an application to enter into a temporary encroachment agreeir�ent with the Town. Tonight, the Council will consider allowing the closure of Main Street during summer weelcends to furtl�er allow downtown restaur�nts and business to operate in compliance with social distancing requirei��ents. RECOMM�ND�D ACTION(S) 1. Consicier approval of the Slow Street concept closure of Main Street on the weelcends between early July and L�bor Day of tl�is year and adopt tl�e �ttached resolution (E�hibit 1) Qivinv tlle To��n ManaQer tlie authority to close the roacl. BACKGROUND ln M�y 2020. the Governor oi�Calii�ornia and the Cali9�urnia Department of Public Health (CDPH) initiated a staged reopenin�� ot�non-essential businesses thi-oubhout the st�ate, provided those businesses reope�� subject to County guidelii�es a��d social distancin� requirements. On June 3, 2020, the Council adopted Resolutioi� No. i�-2020 authorizing certain businesses to operate outside. The Resolution requi��es all businesses opel-ati��b outside to remain i�� full co»�plia��ce wilh all State a��d County orde��s, including social distancing requirements. The Resolution also facilitates the reopeninb of businesses ii� � manner that is consistei�t with social distancing requii�ements by allowing busi��esses to submit an application to enter into a temporar}� ei�croachi��ent agreem�nt �-vith the Towi�. The encroachmcnt agreeme��t ens�u-es that the use of outdoor spaces do not impede traffiic flow, create tire hazards or interfere with public access. � Also, on June 3, UeAnn Biss ofthe Tib�u�on Peninsula Chamber of Commerce updated the Council on the recenC a�tivities ofthe COVID-19 Small [3usi��ess ReliefTasl< Force. One ofthe �-ecomi��endat'ions of the Tasl< Force was 1�or the Counci 1 to consider the "Slow Street" proposal to TOWN O1�T113URON Pr1Gr 1 OF 2 � temporarily close Main Street to vehicular traftic o�� sui��mer weel<ends to f�ii�thcr enable Main Street businesses to open and operate ii� complia��ce with social distancin� requirements on the � �veel<ends. ANALYSIS Tonight, the Council is asl;ed to Consider approval ofthe "Slow Street'' proposal to close Main � Street� to vehicular traffic oi� weel<ends this summer. Additional det�ils ofthe }�roposal are listed belo�-v. • The clos�n-e would be temporaiy for this s�>>nmer: early J�ily tlu�o��gh Labor Day 2020. • "I�he closure would be for weelcends on1y: Friday afternoon through 8 p.m. on Sunday • There will be speci�l sib��abe to direct vehicle traftic to the Main Street Parl:in�� Lot on 'T�iburon Boulev�rd, Be�ch Road, and lower Main Street. • "I"here will be special sibna;e to direct pedestrian tra�ffic o�� Main Street t�o Arl< Ro�v/Upper Main Street. • This proposal is intended to provide a passive space to give businesses and rest��ui-ants the opportunity to �xpand outdoor dining and retail to showcase their goods ii� coi��pliance with soci�l distancin; requirements— it will not operate lil<e Friday Nights on M�lin with 6i� bai��s or�i-owds of people. • Arl< Row merchai�ts will have the opport�mity to set up tables on the closed portion of Mai�� Street. If the Co�incil wishes to appi-ove the pr-oposal, it should adopt the attached resolution (Txhibit 1). This resolution is an amendeci version of Resol�ition No. 18-2020 ancl provides the Toti�n Manager the authority to close the street on the weel<ends �intil Septembei� 8, 2020 (see Section 7). P'INANCIAL IMPACT St�ff anticipates no direct fiscal impact to the 7"own. �NVIRONM�NTAL RTVI�W Stafi�has preliminarily detet-i��ined that aciopt�ion ofthis item is stat�itorily eaempt from the r-equirements ofthe California Lnvironmental Quality Act (CFQA) pursuant to Section 15;78 o�t� the CLQA Guidelines in that it does not constit��te a project �mder CEQA. and if it ��er� found to constitute a project, it would be exempt p�u-s�iant to the �eneral r�ile set forth in CEQA Guidelines Section 15061 (b)(3). R�COMMCNDATION Sta'rT 1-ecommends tnat ti�e "i�own l:oui�cii consicler approval o�f ti�e Slow Street concept clos�u-e of Main StreeC on the weel<ends between early July and Labor Day ofthis year and adopt the at'tached resolutio�� (Eahibit 1) givin; the Town Manaber the authority to close the road. Exhibit(s): 1. Dr�lft Resolution Preparetl F3y: Lea Stef�ani,Town Clerk 'To��n� o��"i,t►3�rz�� P:�c��: ? vr 2 EXHIBIT 1 I2ESOLUTION NO. A K�SOLUTION OF THr TOWN COLINCIL OI' TNr, TOWN OF TIBURON REGARDIN(� OUTDOOR ACTIVITI�S ANll ENCROACHMCNTS BY BUSIN�SS�S OPERATING IN COMPLIANC� WITH SOCIAL �l)IS7CANCING I�EQ�IIZ�iVI�I�1T'S WHEREAS, Califiori�ia Government Code Section 8630 empowers the Towi� Council to proclaim the existence or tl�reatened existence of a Local Cmergency �vhen the Town is affected or lil<ely to be affected by a public calamity; and, WIIEREAS, on March 16, 2020, the Director of� Emei-��ency Services declared the existence of a Local Emergei�cy, �vhich Local Emergency has bee�� ratitied by tl�e To�vn Cou��cil; and. WHEREAS, the Town Council does he�•eby find that conciitions of extremc peril and a crippling disaster, which severely impairs the safety of persons or property_ have arisen within the Town caused by the vir�is COVID-19 and its rapid U�ai�smission as reported by v11-ious local, state anci national healt{�oi�ganizations; and; WI-IERCAS, the aforesaid conditions of extreme peril wal-rantecl and necessitated the proclan�ation of the existei�ce of� Local Emerbency; a��d WHEREAS, on Mar-ch 17, 2020, the Marin Cow�ty f-lealth Offiicial issueci a shelte�• in place order to all non-esse��tial activities, limiting in�lividuals ability to leave their I�ome: and Wl-IEREAS, on March 19, 2020, the Governor o�f� the State of Calilori�ia (`G��vernor•") issued ExecuCive Order N-33-20, which provides that individuals living in the State of Cali�foi-nia are required to stay at home except as needed to maintain continuity of operations of Che critical infi�asU-ucture sectors; and WHL,REAS, under authority contained in Sections 8610 and b634 of the Go��ernment Code and Tiburon Municipal Code Sectiion 21-5(a)(6)(a). the Town Council and the Town Mana�er are ci��powered to mal<e and iss�ie rules and re<�ulatioi�s on matters reasonably relatcd to the protection of life and property as afFected by the emergency: and W}-IERCAS, in mid-May 2020, the Goveri�or of the State oi�Calii�ornia and the Califori�ia Dep�u�tment ol� Public 1-lealth published guidance regarding the opei�ing of certain businesses subjeet to sta�es established by the State; and WHEREAS, the Town has an important� governmei�tal interest in maintaining a thi-iving business community and ��rotectin�� the health. safetv. �nd economic �-velfare of its citi�en� and businesses: and WI-IEREAS, in order to protect t'he health and safety of the �i�o�-vi�_ while fost�rinb ecoi�omic wellbeing of the Town`s citizens �nd businesses. the "Town ��-ishes to as�ist both � P�ge 1 of 9 �i�o��n Council Resol��tion No. 06/l7/2020 essential and non-esscntial businesses in rei��aining open, or re-opening when la��l�ully peri��itted to do so_ and WHCREAS, �vhen non-essei�tial businesses are permitted to re-open p�n�suant to State and County orders, laws, and/or b�iidance, the Town will suspend certaii� permit and licei�se requirements i�� order to facilitate b��siness operatio��s in a i��ai�nei- that is consiste��t with social dista��cin<� requi�-emei�ts, a��ci pi-otects the health and safety of the citizens of Tiburon: ai�d WHCREAS. in 1he interest of public l�ealth ai�d safety; as atfected by th� emer�ency caused by the spread of COVID-]9, it is ��ecessaiy to issue a��d impleme��t this Resolution to protect lifie. pl-opei�ty and civil order. NOW. THEREFORE_ THE TOWN COUNCIL OF THE TOWN OF T►BURON DOES HEREBY ORDER AS FOLLOWS: SCCTION 1. Outdoor Activities Permitted. To facilitate the reope��in� of businesses in a manner that is consistei�t with State and local social distanci��g requi�-emei�ts, Town of Tibu��oi� laws, regulations and/or policies that would otihei�wise prohibit businesscs fi-oi�� en��agii�g in their business activities outside are hereby suspended. SECTION 2. l�li��ible Busi��esses. Only those businesses that require outdoor space in order to etfectively i-un their business wl�ile complying with State a��d local social dista��ci��g req�iirements are eligible to operate pursuant to tl�is Resolutioi�. Nothii�b in this I�esolutioi� shall authorize a pai-ticulai• business to operate outside unless and until that business is authorized to operate purs��ant to State and County Orders. All businesses must be in f�ill compliance with all State and County Orders regardinb reopening and operation in order to compiy �-vith this Rcsolution. SECTION 3. Temporarv COVID-]9 O�itdoor Activities and Encroach��ent A��reement. To be eligible to engage i�� outdoor activities pursuant to this Resolution, businesses shall be required to enter into a Temporaiy COVID-19 Outdoor Activities and Encroach��ent A��reemei�t (hereinafiter the ``Outdoor Activities Ag�•ee�nent") attached hereto and incoi-porated hereii� by reference. "l�he Director of Cmergency Services (hereainafter the "Director"j or his designee shall be authorized to e��Cer ii�to ai� Outdoor Activities Aareement with the applicant and shall be entitleci Co seel. the revie�-v of a��y To�.��n staff re;ardi��g any and all site-specific considerations related to the proposed outdoor activities. The Director may choos� to e��ter into an Outdoor �lctivities A��reement on any terms he deen�s necessary, inciudinb but not limited to moditications to the proposed location of outdoor activities, to ens�u�e onboi��b protection of t�he public health and safcty of the "Town. The `]�o��m shall only e��ter into an Outdoor Activities A�reement that authoriies activities which are co��sistent ��ith State and County orders re«ardin� the operation of businesses durin�� thc thc COV1D-19 stat� ofemer�re��cy. ` Pa�.?e 2 of 9 To�vn Council Resolution No. 06/17/2020 � SECTION 4. E��croachment Into Public Ri��ht-of-Wav. To streamline the issuai�ce of � temporary rights of encroachment into the public ri<Sht-ot=�-vay. the To�-vn hereby amends its � encroachment permit requirements as foilc�ws: 1. The follo�vii�� req��irements set torth in Tiburon Municipal Code Cl�apter 19 rebarding encroachment permits shall ��ot �pply to businesses seel<ii�g to encroach ii�to the public ribht-of-way for purposes of conducting busi��ess in compliance with State and local socill distancing requirements: TMC �� 19-2, 19-3, 19-4, 19-5, 19-7. 19-8, and 19-9. Z. 1 he requireme��ts set fortl� in "I�iburo�� Municipal Code Chapter 19A � regardinb use of public right-of-way shall not� apply to businesses seel<inb to encroach into the � public ribht-of-way for p�irposes of co��d�icting business in compliance ��ith State and local soeial distancing requirements. � 3. Businesses seel<ing to encroach into the public ribht-of-way for purposes � of conducting business in compliance with St�te and loc�l social distai�cii�� require��ents, shall � e�ec�rte a�� O��tdoor/lctivities Abreement in lieu of obtainin�� ei�croachment permits and right-of- ��ay agreements i-equired by TMC Chapters 19 anci 19�. SECTI�N 5 1�� Ii�tcrfere��ce ��ith !'rivate Pro ertv. Nothii�g ii� tl�is (:;-der relieves a business fi-om any obligations or laws requiring consei�t oi�adjacent properry owners for use of private properry. Businesses seel<inb to operate outdoors shall obtain consent of ai�y private pi-operty owners whose property will be used for outcioor operations. SECTION 6. BuildinQ Yermit and Revie�v of Coi�struction Documents Required. Nothing i�� this Resol�ition relieves a business ti-om the requirement to obtain a buildinb permit for outdoor activities if a building permiC would oCher�vise be required, nor does this Resolution relieve a b��siness from complying with all provisions of the Buildin� Code, including but not limited to, maximum occupancy requirements. SECTION 7. Clos��re of Town Streets. "The To�vn Mai�ager is authorized, without further Town Council approval, to arant approvals to close ��II or portions oi�Main Street up to three days per wee]< fi-om July l, 2020, �n�til Septembel- 8. 2020, upon a fiindii�� as required by Califol-nia Vehicle Code Section 21 101(e) that the closin�r is necessary� for the safety and protection of persons who are to use that portio�� of the street durin�� the temporary closinb. SECTION 8. County Permits. Nothin�; in this Resolution relieves a business from the req�iireme��t to obtiai�� any and ail Cou��ty permits regardin�� the provision of food and dining SC CVICeS. SECTION 9. Violations of Resolution. �ny violation of this Resolution or any other loc�l. State; or Federal law shall constitute an imminent threat to the public health a��d is hereby declared to be a public n�iisance and shall b� subj�ct tc� ent��rceme��t as surh; violations of this Resolution may result in the imn�ediate termination of��n O�itdoor Activitie� Agreement and the cessation of any activities a�ithorized by said Agreement ai�d this Resolution. SECTION 10. Effective Date of Resolution. This Resolution shall become effective on the date si�ned by the Mayor for the 'I�own o�f 7�iburon and shall expire when repealed or upon a � Page 3 of 9 "l�own Council Resolution No. 06/l7/2020 declared termination o9� the state of emergency regardinb COV1D-19 by [he 7�ib�n�oi� Tow�� Co�u�cil. This Resolution shall only apply to the extent businesses are authorized to operate pursuant to State ai�d County orders rebardinb COVID-19. SCCTION I l. The Town Clei•I< shall certify the adoption of this Resolutioi� and shall causc a ce�-titied Resolution to be filed in the Of�ce ofthe Town Clerlc. � PASSEll and ADOPTED this l7`�' day of June 2020. ALICE PRCDERICKS_ MAYOR TOWN OF TIBURON A"I,�I,EST: LCA STCI�ANI_ TOWN CLCRK Approved as to Foi-m: � Be��jamii� Stocl<, T�o��m Attorney � Pa��e -t of 9 "I,own Council Resolution No. 06/17/2020 � T�MPORARl' COVID-l9 OUTDOOR AC"T`IVITI�S ANll �NCROACHMENT � AGRI:�MENT 1. Business Identification Busi��ess Na��e (Permittee): Mailii�g Address: Business Address: B�isiness Yhone: iii�iiicss cir]dii: 2. Type of Business [Checl< one] Restaurant ❑ � Retail ❑ Other ❑ Please Describe 3. Yroposed Eneroachment [Checl< one or more if Busincss Proposes to Use Public Right-ot= W�y foi-Outdoor Activities] Outdoor Dininb ❑ Outdoor Food Sales ❑ Outdoor Retail Display ❑ Outdoor Retail Sales ❑ Othe►- ❑ Please Describe 4. Will proposed o��tdoo►• activity require the use of private property not owned or Icased by Permitee? ❑ Yes ❑ No If response to above question is yes, has Pe��mitee obtained all required �uthorizations (includinb but not limited to writtei� agreements. licenses. and/or leases) to use said private property? ❑ Yes ❑ No 5. Proposed Aetivities. Please provide the followin�� info��mation on separate attachment: (l) a descriptio�� of the Business, (2) proposed ouCdoor activities, (3) a description of all improvements, structures �nd/or materials to be us�d to f��eilitate ol�tdoor activities, (4) clescription of� �1-ea in whicl� proposed outdoor activities �vill tal:e place alonb with a dr�wii�b; map or other visual depication sho�-vin�� s�id area. improvement�, structures and/or i��aterials to be placed in said area. 6. Requested Start Date of Outdoor Activities: 7. Pt•oposed Duration c�f Outdoor A,ctivities: 8. Amendments to Proposal by To��vn and/or Additional "Terms of Agreement [To be Compieted by Town]: 9. Terms of Agreement: � P1ge 5 of 9 To��m Council Resolution No. 06/17/2020 A. Permittee agrees to accept all responsibility 1-or loss or damage to a��y person or ei�tity and to indemnify; hold harmless_ and defend ai�d release the To��i� of Tib�u-on, its abents, and e��ployees fi-om and agai��st any and all liability actions. claims, dai��abes, costs, or expenses which may be asserted by any pe�-son or e��tity, includin� Permitt�ee, ar�ising out of or in co��»ection ��ith the v��illful act or ��e«lii7e��ce of Permittee enbaging i�� the activities associated with this Agi-eement, ��hether or ��ot there is concurrent negli�e��ce on the part of the To�m_ but excludin�� liability due ro the sole active negligence or sole willful misconduct of the "To�vi�. B. The Town reserves the rigl�t to order the removal or relocation of the improvements listed in paragraphs 3-6. above, at Peri�iitee�s cost in the event same is required by the 7�own and/or a Utility. Wl�ether or not saici re��oval or relocation is cequired shall be left to the ui�fettered discretion of the To��m and/or a Utility. Pecmitee hereby brants to the Towi� the right to remove or relocate said improvement�s and to come upo�1 Permitee's land to effect said rei��oval or i�elocation it� deemed ��ecessary by the Towi� a��d/o�- a Utility. Permitee waives any claii�i or ri�ht he/she/it may have �l�or inverse condenu�ation, dama�es, or loss of income or business resulting i�rom said removal. However, the Town will be respoi�sible for repairing any physical damage caused to Permitee's structure(s) or property by the To��n's but not a Utility�s removal or relocatio�� of said improvements. Upon removal or relocation of said improvements, all rights of Pe►•mitee u��der this agreement and the permit itself shall terminate. C. Pei•mitee shall comply with all applicable local. State, and Federal laws and regulatio»s at all times during the effective period of this a��reement, including but not limited to laws regardi��g tl�e obstruction of vehicular traftic, the Americans with Disabilities Act and County healt�h laws re;ai-dinb provisioi� of food servic�s. D. If Permit�c's proposed activiti�s encroacl� ii�to public i�i<�ht-ofi=way and/or a public easement; Permitee shall procure and maintain for the duration of tl�is Agreement, and furnish proof of alonb with this Abreeme��t, insw-ai�ce a��ai��st claims for injuries to persons or damabes to property wl�ich i��ay arise ti-om or in connection with tl�is �lgreei��ent. as set forth in this section. The cost of such ins�n-ai�ce shall be bori�e by Permitee. Permitee's whose activities do not encroach ii�to public right-ot=way and/or a E�ublic easement, shall not be req�iired to obtain said insur�znce. Mii�i»�um Scope of Insurance. Peri��ittee shall obtain and all times d�n-ing dw�at�io�� ofthis Outdoor Activities Agree��ei�t maint'ain coverage at least as broad as: (a) Insurance Services Oftice Commercial Genei�al Liability coverabe (occurrei�ce fori�� CG OOOI). (b) Worlcers` Compensation i��s�u-ance as required by the State of Califor��ia and Employei•'s Liability insw-ance (for Peri��itees �a�ith employees). (c) Property insurahce a�ai��st all risl:s ot� loss to a��v te��ant improvements or better-me��ts. � Pa��e 6 oi'9 Town Co�u�cil Resolutioi�No. 06/17/2020 Permitee shall mai��tain limits no less than: (a) General Liability: �1,000,000 per occurrence for bodily ii�ju�y, personal inj�ny and property dama�e. lf Coi��n�ercial General Liability Insurance or other form � Wlt�l a �ellel'a� a�7�T1"e«�1Te �IIYIIC IS USeC�, elt�lel' t�le �T�nel'1� a��l'e�rc�te �11171t S�la�� 1 � 5 5b a a ba a �p y � sepa��ately to this project/location or� the ��eneral a�gre;ate lii��it shal) be twice �the required occurrence limit. (b) Employer's Liabilit�y: �1,000,000 per accident foi- bodily injury or disease. (c) Property ]nsurance: Full replacement cost with no coins�u�ance penalty provision. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions m�ist be declared to and approved by the �1'own. nt the option of the "I,o�vn. either: the ii�surer sh�ll �•educe or eliminate such deductibles or self-insured retci�tions as respects the Town, its officers, ofk:acials,_employees _anci vc�luntcecs; or the Permitee shall p�•o�ide a financial guarai�tee satisfactory to the Town ��iaranteeing payment of losses and related investigations, claim ad�ni��istration and defei�se expei�ses. Other Ins�ira��ce P�-ovisio»s, The beneral liability policy is to contain, or be endorsed to contain, the followinb provisions: (�) "T�he Town, its officers, of(icials, employees and vol�ii�teers are to be covered as ins�n-�ds �vith respect to li��bility arising out of ownership, n�aintenance or use of th� premises/property ow��ed by or leased to the Permitee. (b) The Peri��itee's insw�ance coverabe shall be p�•imary insurance as respects tl�e Town. its otticers, of'ticials. emplc�yees and volu��tee►•s. Any insurance or seli= insurance maintained by the To�vn, it� officers, ofticials, employees or volunteers shall be excess o1�t�he Permitee's insurance and shall not contribute with it. (c) �ach insurance policy required by this clause sl�all be endorsed to state that coverage shall not be canceled, eYcept after thil•ty (30) days' prior written noCice by certified mail. ret�u�n receipt �-eq�iested, has been given to the Town. flcceptability o�f li�surcrs. lnsurance is to be placed �-vith insurer� �-vith a c�n-rent A.M. Best's ratinb of no less t�h�n A:VII u��less prior a}�proval is received fi-om the Town Attorne_y. E. If Permitee proposes to sell oi- serve alcohol as a part ol� its o��tdoor activities, Permitee shall furnish. alon�� with this Agrcemei�t, proof of a liquor liability coverabe endorseinent or policy. � Page 7 of 9 Town Council Resolution No. 06/17/2020 F. Violation of A<�reei�iei�t. An�� violatio�� of this As?reement or any other local, State, or Tedei-al law shall constitute an imminei�t t�hreat to tl�e public health and is hereby declared to be a public nuisance and shall be subject to ei�forcement as such; violations of this Abl-eement and/or Resolution No. ma� result in the immediate termi��atio�� of this Agree��ei�t a��d the cessation of any act'ivities authorized by this Abreement a��d Emerge��cy Order No. _ G. No Vcsted or O��<�oin� Ri��hts Coi�fierred. Permittee understands and agrees that this A;reement and Resolution No. confer i�o vested ri<rhts to any onboinb or continued activities, and ai�y and all activities authorized by this Agreeme��t and Resolutioi� are ten�porary in natui-e and gra��ted solely to enable b��sinesses to operate in compliance with State and local orders re��ardii�g social distancii�b and COVID-l9. All improvements, structures and instaliments approved pursuai�t to this Agreement shall be removed in th�ir entirety upon expiration of this ngreemcnt. The Agreemei�t shall expire on the date proposed by permitee ii� section 7 of this Agreement. or i�f the City Ma»ager has amei�ded the d�tc in section 7, the �lgree»�e��t shall expire on the amei�ded date. ]-l. Non-Transferable. This Agreement is non-transfierable. Only the permittee with wl�om this A;reci��ent was entered shall be peri��itted to en�abe ii� tl�e activities authorizcd herein. I. Ei�tire Agreement This instrwnent contains the entire agreement betweei� tl�e parties relating to the rights herein grantetl ai�d the obligatioi�s herein ass�n��ed. Any oral eepresentatio��s of modifications coi�cerning this instrui�ient shall be of i�o force and effect excepting a subsequent moditication in writing, signed by the party to be charged and duly reco�'ded. THC UNDERSIGNED AGREES THAT "1�1-1E PROPOSED AC"�I,1VI"l��IES DESCRIBEI) �BOVE SH�LL BE IN ACCORDANCE WIT1�� AND SUB.IEC't� "1O TI-11S AGRE�MCNT'S TERMS AND CONDITIONS, TOWN OF 'l,1BURON RESOLUTIO'� NO. , AND ALL OTI-IER APPLIC�IBLE LOGAL. STATE AND FEDERAL LAWS_ 1NCLUDING BUT NOT LIMITED `i'O STATE AND COUNTY EMERGLNCY ORDERS RCGARDING T�IE COVID- l9 PANDEMIC. Perm itee Date Greb Chanis Date Town Manaber Dircetor of Emergency Services Town of Tib�u-oi� � Pa�e 8 of 9 Town Cou��cil Resolution No. 06/17/2020 CONS�NT TO USI: PRIVAT� PROP�RTY FOR Tl�'.NIPOI2ARY OUTllOOR ACTIVITIES [This form must be completed if proposed outdoor activity requires the use of private property �a��hich is neither o�-vi�ed noi- leased by Permitee] 1> __ , declare that: , , � � • �, �-.� , �.� a�� tre i�eco�c� iii�e. o�vi�ei-o� uie �roperiy �oc�ted ai: , Tibui-on, California, (Physical Address) 2. 1 am �ware that the Permitee (Business name) is ii� the process oi�entering into a 'i'emporaly COV1D-19 OutdoorActivities and Encroachment Abreement with the Town of Tiburon to use i��y property, described in paragraph l, for certain outdoor activities described in the Agreernei�t. 3. 1 co��se��t and agree to use of my property for the outdoo�•activities described in the Agreement, Sibned this day o�f , 20 (Landowner Sign�ture) � Pa��e 9 of 9 Town Council Resolution No. 06/17i?020 From: Christa Fancher To: Lea Stefani Subject: Re: Main Street Date: Wednesday,June 17, 2020 1:32:20 PM .... --.— -.-- ___ _ .______..� �.._� _�__._._ _.� � �� : 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. � Tl�anl<you! l also love the idea of extendin« the side�vall<on �rl: row and elin�inating the pai-I<in� spots. I thii�lc that would e��co�n-age more foll<s to patronize those businesses as well. We love our town and we want it to t�hr-ive! ;-) Christa Fancher Mana;inb Director SRS � Acquiom 415.828.5034 Mobile 415.373.4024 Oftice On Jun 17, 2020, at 1:13 PM, Lea Stefani <Istefani(��townoi�tibw-o��.o�-g> w�•ote: Thanks Christa. i have forwarded this on to the Council. Lea Stefani Town Clerk � Town of Tiburon (415)435-7377 Istefani�townoftiburon.or� From: Christa Fancher<cfancher@shareholderrep.cor�i> Sent: Wednesday, June 17, 2020 12_:31 PM To: Lea Stefani <Istefani@townoftiburon.org> Subject: Main Street ,_ _... _......_. ___ _..._ __ _. __. . ;Ca��!��I:;?�;:This email originated from outside of the organization. Do not_�lick linl<s or open ;attachments unless you recognize the sender and I<now the content is sa e. �..__.. _. .. _.... __ _._..... _. _.. Greetings! We're residents of Corinthian Island (4 Bellevue Ave. and we're VERY supportive of the idea to close Main Street for outdoor dining, music, shopping, etc. I believe we need to do evening in our power to encourage folks �o patronize our local business. Thank you for your work on this! All the best, Christa Christa Fancher �-415.373.4024 '.415.828.5034 cfancher(c�srsacquiom.com <imabe001.pn�> � <ima�e002.pn;> From: Ken Sim son To: Lea Stefani Subject: Convert Main St to a walking plaza Date: Wednesday,June 17,2020 1:39:5H PM ,_. . _...._. __ . .._.__.......----___._ .___ �..._.___ _..----- — ------- ------ ------- -__._.. . ......._._..__ ._...._.._. '�� This email originated from outside ofthe organization. Do not click links or open attachments unless you � recognize the sender and know the content is safe. I ��ould love to see this. Most abree. I-3ei•e is a poll: https://ne�tdoor.com/news_feed/?post=151967�55 "l�hanl<you. �{ell Sllll�S011 From: Lauren Druvan To: Lea Stefani Subject: In Support of a Pedestrian Only Main Street Date: Wednesday,June 17, 2020 2:12:35 PM _ —. __. W W _�__. _____ — ___� _. -- -- --- __.._.. --.__.._ _.__. __ ..____.._.; This email originated from outside of the organization. Do not click Imks or open attachments unless you ; recognize the sender and know the content is safe. 1'd like to voice m}� support� in favor of shutti��g down Main Street as a pedestria�� oi�ly zone on weel:ei�ds. Perhaps usin� some of the fiands for�whatever proposed visitor cei�ter �vas ei�visioi�ed to instead support live i��usic, police overtime. ete. li� this day and a«e it seen�s a bit ai�achronistic to have a standalone visitor centei•to hand o�it pamphlets and local information when this could be accoi��plished by a website and availability oi�tl�ese materials instead already existinb local businesses. in addition to openii�� up Mai�� Street I believe the town needs to look at the �vays it's o�vn bureaucracy is hindering bl�siness growtl�. We should be malcinb it as easy as possible for businesses to i�eno��ate and open rather than hinderinb them with various stop �-vork orders and an e�cessive permitting process. Mal<e Tiburo�� an attractive place to do business instead of a ��host to��n! Thanl: you ai�d good lucl<! Law�en Druyan 301 San Rafael Ave Belvedere From: Micholyn Brown To: Lea Stefani Subject: Closure of Main Street on weekends Date: Wednesday,June 17,2020 2:00:30 PM CAt)"fION:"l�his email originated tl-om outside oi�the oreanization. Do not clicl: linl<s or o��en attachn�cnts ui�lcss ��ou rcco�niu the s�nder and kno�>%the contei�t is safe. 1 li��e at�I�ibin-��n��oint... I sce and tccl the difference tivhen Maii� Street is closed.. Mure pcople. more shoppine,more eating in restaln-ants.. I lo��e the idea I�lope it eoes through SCIIi �I'OIl1 IllA� 1��10118 From: Paul Mourani To: Lea Stefani Subject: Main Street traffic closure trial Date: Wednesday,June 17, 2020 3:58:30 PM CAU"1-ION:"l�his ei�iail orieii�ated fi•om outside oi�the or��nization. Do not clid: linl:s or open attachmei�ts unless ��ou recoenire the sei�der and I:no��the content is sale. I undcrstand thcre is a town council vote tonieht on this topic and ��ant to send my support for a yes vote on the project. I am surc if this�1�as n�entioned in a To��n of TibLn•on ne��slettcr.it ��ould ha��c almost universal support as it is receiving on Nextcioor tod'a��. �I-hanl:s. Paul V'low•ani From: Eric Artman To: Lea Stefani Subject: Comments on closing Main Street Date: Wednesday,June 17, 2020 12:35:44 PM _ - --- — - _ _ _ __ _..� __ ____ _._ _, __�___ _ �: This email originated from outside of the organization. Uo not click links or open attachments unless you � recognize the sender and know the content is safe __ _ �.— __ ___ __.._. _. _...._. �. ..... .... ___. _. �.... _�__—. � Closinb tl�e first blocl< oniy of Main Street fior limited periods of time during the pantlemic mal<es se��se. Closi��b Arl< Row is out of the question because of Corinthian lsland and parl<ing lot considerations. Closinb any part of Main Street permanently is insane. Visitors doi�'t bet o�it of their cars u��til they see so��ething they wa��t to visit. We already 1<no�� that Friday Nights on Main don't worl< eveiy Friday night during summertii��e eve�� ii� non-pandemic times, much less 24/7/365. A��erica has scores, probably hui�dreds, oi�cities & to��ns that have destroyed their downtowns by closing streets for "pedestrian i��alls" that dreamers adorcd but drivers hated, choosing instead to bo to places they could see and parl<. Do��'t il�al<e th� ccnter of Tibw�o��'s business area lool< empty & desolate. Eric Artman 25 year Tib�iron reside��t From: Jennifer Miller To: Lea Stefani Subject: Corinthian island resident says Close off Main Streetl Date: Wednesday,June 17, 2020 12:36:04 PM _ _ ____ WW__ __ �: This email originated from outside of the organization. Do not dick links or open attacnments uniess you ;recognize the sender and know the content is safe I've been saying this for yearsl Do it!!!! Make it cute like Marin Mart! Potted trees and plants, beautiful big tables, fire pit7 Kid area. It would make Main Street much more of a destination for locals and tourists. Closing off Main is the best idea hands down. My house looks over Main Street-I am right there and I am in favor. Jen Eastview Avenue Interior Desig�� 75 Eastview Avenue Tib�u�on, CA 94920 415-C86-2575 From: Christa Fancher To: Lea Stefani Subject: Main Street Date: Wednesday,]une 17, 20Z0 12:31:32 PM Attachments: SRS Acauiom Elevate Your Gain.pnq linkedin-twitter.pnq ; �_-----.._ _. _----- .-----_ . _ _..-- _...,._._ �_...._.__ __...___._._._..�_ _..____-,----_�.__.__—�— __.__.� , ,_'� This email originated from outside of the organization. Do not dick links or open attachments unless you � recognize the sender and know the content is s�fe ( .... . . . .... _.. ._... _...... ___. Greetings! We'�-e residents o{�Corinthian Islantl (4 Bellevue Ave.) and we'1•e VERY supportive ofthe idea to close Main Street fior outdoor dini��b, music, shoppii�g, etc. I believe we need to do evenin� in our power to encoura��e folks to patroi�ize our local business. Thanl< you fot•your worl< on this! All the best, Christa Christa Fancher (�� :�.� ? .�:o . � �V��c�rr: � _ sn�1-- ,,. O 415.373.4024 IVl 415.828.5034 cfancherCcr�srsacquiom.com f, .�Y . _ �. ... � . . . .... c��- �" �dCGl7i01i;.('0!"" From: Crvstal To: Lea Stefani Subjeet: Town council meeting regarding slow street From Luna Blu Date: Wednesday,June 17, 2020 7:20:20 AM CAUTION:This email originated l�rom outside ofthe org�aniration. Do not clicl: linl<s or ope��attachments linless vou recoenize the sender ancl I<no��the content is saic. Dear Tib�n�on to�vn council. We reopened I,una Blu to outside dii�in�.lui�c 3rd�ind ha��c notic�d a 20%drop in the number ol�guests. We currei�tly have 20%less tables a�-ailablc duc tu the social distancing and bcing unable to seat guests inside olu• restaurant. After not beine open ��roperl��and losii��>o��cr)0'%,of our re�cnue ii�om March to Ma��a�c have had to resort to a large SQi1 EIDL loan to co��cr uur r�penses�and dcbts. �l�his debt��e expec[ to carry for mam�vears. ln order to maintain�ucst Icvcis and busincss revenuc��ith reduced tables��°e rcquest on ow��a�ebsite and on online reseivation confirn�ations that our diners st<n at tables fi�r no lon�er than l.�hrs f��r tahles up to�}people ancl 2hrs for tables of 5 to 6 pcople. Unfortunatcl�� it hasn't bcen ��orl:ing out. "l�hc fuur tables�ve are missing on a bus��day can inean up to ]00 diners less. I��Tiburon restaurant husii�esses really need to"mal<e haY��vhile the sunshi��es". In the��inter�ve generate a loss, it is onl�� durin�th�summcr moi�ths that��e mal:c an��i��oney and mal<e it possible to �ct through the��ii�ter. If��ve can ex��and ow•restaurants out into thc strect��c ha��e�chance to mal<e-up for the losses��e are experiencing due to the social distaneing rules currei�tl�� in placc. Wc ht��c bcen 1�>rtunate and not Ict an}�of our team go with the help of the PPP loan. 11��ve I�ave the opportunit��to ha��c a Stron��swromer ol�sales��'ith the additional street tables. Then�-ve have a better chance of survival throu�_>h the��inter. It is very hard as business o��ners to s�a�� optimistic and positive��ith our�uests and otn�tcam,��he»we do��'t ki�o��v how��e can stay al7oat and�a-orry ho��°e can pa��ow�business ex�ei�ses and have am�thing lefl to pay oursclves. 1 can ui�derstand why so many businesses are cl��sin� do��n durii�g these times of uncertainty. but hope that our local community�n�ill i�eel more con�icicnt to comc uut il��e arc ablc to pro�ide a comlortable et�vironment��vhere the;, can relax and teel safe. I3est�-vishes. Crystal &Renzo Azzarello L�ina 131u o�-vner operators. From: Michele Pfeifer To: Lea Stefani Date: Tuesday,June 16,2020 9:11:34 PM — - ---__�_ _W _.___. � ___ _ _ _. . . ._._.___r .__ ._.._____—_._____ , C : This email onginated from outside of the orKanization. Do not dick linl<s or open attachments unless you recognize the sender and know the content is safe }-1 i L,ea I a»� writi»g to the Tiburon Towi� Council in support of the Tiburon Task Force Slow Street proposal. Closinb lower Main Street to vchicular traffic and creating a safe space for residents on the weel<ends will positively impact ou�- business. "I�he ability to eapand my restaurant and offer outdooi-dinin� is critical to o�n� bottom line as we provide seatin� according to social distancinb Marin Coui�ty b��idelii�es. We ��ant to contii�ue to help ��iburon bet bacic to some type of tlormalcy and loolc forward to 1<eepin�� eveiyone safe. Tl�anl< you for supportinb local Tiburon busin�sses. Michele � f�lichele Pfeifer General Manaaer 27 Main St, Tiburon, CA 94920 P 415.435.452? michelensamscafe.com Sa111SCaj�.00711 From: paulino monterroso To: Lea Stefani Subject: Town of Tiburon Date: Tuesday,June 16,20Z0 6:OO:Z2 PM � .��._i�: This emaii originated from outside of the organization. Do not dick links or open attachments unless you � � 'recognize the sender and know the content is safe. � To whom it may concern, I am writing to the Tiburon Town Council in support of the "Tiburon �l�asl< Force Slo�v Street proposal. Closinb lower Main Street to vehic�ilar traitic and creating a sa�fe space tor residents oi� the weekends will positively impact i��y business here at Salt & Pepper Restaln-ant. The ability to expa��d n1y �•estaurant and offer outdoo�-dining is critical to o�n� bottom line as we provide seating accordinb to social distancinb Marin County guidelines. Tha��l<yo�i for s��pporti��g local Tiburon b��sinesses. I�est. Pa��lino Monteri•oso < �.�__._� ca�, r y� � � TOWN OF TIBURON To�a>» Council Meetiila ��-� �� + .]i�ne 17, 2020 c., �` ';�,� 1505 Tibw-on T�oule��ard � �,�� .� � i Tiburon, CA 94920 A1 � 2 � �',�, � ,,� .=�benda lten�: c:''� <. ,�; `�� . � , . To: Mayor and Members of the To�-�� Coui�cil I'�-om: Office of the Town Manager Subject: Consider Kecommended Chan�es to the Pi-eliminaiy Fiscal 2020-21 Municipal Budbet, and Direct Stafl�to Schcdule Consideration of Budget Adoption on July 1, 2020 � Reviewed By: � ��r Greg Chanis,Town Mana�.?er SUMMARY At the rebulai•meeting of Jw1e 3, 2020, the Towi� Cou�lcil received a pl-esentation and held a Public Nearing on the� Prelimina►y Municipal Bud�et (Proposed E3ud�et) for Fiscal Year 2020- 2l. At the conclusion of the meeting, Coui�cil directed stafi�to worl< with the Budget/Fi��ance Committee on possible revisio��s. Tonigl�t, Council will consider recommended cllanges to the Proposed Budget. It�COMMEND�D ACTION(S) 1. App1•ove i•ecommendetl ch�nges to the Fiscal Year 2020-21 Preliminary Municipal Budget as detailed in Option 3; and 2. Direct staff to retin•n to Council on July 1,2020 to consider adoption of tl�e revised Fiscal Year 2020-21 Munici al Bud et and associatecl Resolutions incor oratina those chan es. BACKGROUND At the re�ular meetii�g of June 3, 2020. the To��m Cow�cil received a present�atio�� and held a Public 1�learing on the Pr-eliminaiy Municipal Bud��et (Proposed I3udget) fo�� Fiscal Year 2020-21. The Proposed Budbet includes an operatin�� deficit of$227,�48, �vhich �vould require thc use of Genera) Fui�d Operatinb Reserves in that amount to be bal�li�ced. At the concl�ision of the Public I-learin�, staffwas directed t�o �-vorl< ��ith tl�e 6udget/Fii�ai�ce Committee (Mayor Fredcricl<s and Vice M�yor Thier) in asscssing options for reducin� the proposed opelati�� deticit amount, and return to Council ot� June 17 with a i�ecommei�dation 1-or any su�gested modifications to tl�e P��oposed Budget prior to co��sidei�ation ofi budget adoption. Subsequent to the J��ne 3 meeti��b, staf�f�developed and presei�ted to the Bud<7et/F�ina��ce Committee three optioi�s for modifyii�« the Proposed Budget in order to elimi»ate the operating deficiC. Implementation of the proposed changes in any of the optioi�s presented ��ould result in a small projected operating surplus as opposed t�o the projected $227.548 operatii�g deticit in the Proposed Budbet. The three options cai� bc s�immarized as follows: – -- — _------------- � TOWN OF TIBUROPV PAGE 1 OF 4 • Ot�tion 1- Lliminate the proposed deficit by implementing expense cuts only. For this option. the E3udget/I=in�nce Committec was p�-esented witl� a list ofexpense reductions in � a number of areas includin<�: l.,itigation expei�ses, employee merit ii�creases, vegetation � mana��ement cmployec professional developme��t, part time labor, PW Parl<s Division � supplies and reductions in va�-iolis contin�ency �ccoui�ts. lmple�nentation of the proposed changes ii� Option I ��rould have 1-esult�d in a projected operatii�g s�n-plus of$1947.00. s Option 2- Eliminate the proposed deficit throubh a combination af adjustments to revenue ancl expense reductions. With regards to expense red�ictions, this option includeci � reductions ii� a subset ofthe proposed reductions included in Option l. ln addition. this � Option included increasing revenue projectioi�s in several areas includinb: Secured Properry Ta�, Vehiele in Lie�i Property Tax and Education Revenue Au�mentation Fund � (CRAF). lmplementation of the proposed chanbes i�� Optioi� 2 would have resulted in an operating sur��lus o�f$2,632.00. � • Option 3- C:liminate the p��o�osed deficit by implementi��b expense reductions totalin�� $78,500, and recl�ssitying the contribuCion to the Lib�-ary E�pansion Project fi-om an operatinb expense to a Capital ]mprovement, and fundinb that contribution ($150,000) (i�om the ]nf�rastructure and F�cility Reserve Fund as opposed to fundii�; it from General Fund O}�erating Revenue. ln�plementation ofthe changes in Option3 would result in a � pi-ojected operlting s�n-plus of$952.00. Ai�Cei-meeting with stal�f and ciiscussii�b the matter, the B��dget/Finance Committee is recoi��mending Town Council s�ipport the modifications proposecl in Option 3. ANALYSIS Reeommended-Option 3 � �1s noted above, Option 3 consists oftwo components: Expense reductions and reelassil�ication of � the contributio�� to the Libi-�ry Expansion Project (Library Contrib��tion) fi•om an operatii�g expense to �i Capital lmprovement. which would be funded f�rom the Infrastructure and 1=acilitv Replacement Reserve Fund. � Expense Rerli�ctio�7s: "I,he tot��l amount of proposed expense reductions is $78,500 and consists of6 separate line item reductions s�immarized in the t�ble below. Applying these expense � reductioi�s to the proposed bud�et wo�ild lo�-ver the projected $227,548 operating cleficit to � $149,048. __ __ __ __ _ _ _ _ _ __ _ _ 'Affect on � DeparYment 'item Amount Service Delivery Note 'j iThis contigency is for legal expenses related to potential claims against Remove 50%of ABAG litigation Admin/Legal Conti enc (�',OGOj NO �our Property/Liability g Y Irisurance.This would leave a $25,000 contigency Proposed reduction will result in Reduce Holiday Light expense by Admin/Legis Supp (7,500) NO this item being funded at the $7,500 current year level,or$30,000 Reduce Division Contigency This would leave a$10,000 Admin/Admin (15,000) NO provision by 60% contigency Reduce Division Contigency by This would leave a$4,000 Admin/Legis Supp i:1,0001, NO 20%($1,000) contigency Reduce Contract Outside Plan This is to correct an error identified CD/Building (10,OOQ) NO check by 10K in the Proposed Budget This item had already been reduced by 10K in the Proposed Budget. Additional 20K reduction would Reduce Outside Document result in 30K reduction from current CD/Building (20,000) NO year level. These funds are used for Scanning a multi year project to scan old planning and building files,with the goal of eventually eliminating the need to retain paper project files. Reclassificrdion ofLibrcny Co��tribution: "The second compo��ent of Option 3 is i•elated to the p(anned Fiscal Year 2020-21 $150,000 contribution Co the Libra�y Expansion Project (Libr-ary Coi�tribution). Staff pi-oposes to remove the `6150,000 expense li��e ite»� for the Libraiy Contribution fi-om the operating b�id�et and insteacl, classify it as a Capital lmprovement. Staff fiu-ther proposes to fund the project 1�rom the InfrasU-ucture a��d Tacility Replacement Reserve F�md, as opposed to it being fiu�ded by General Fund Revenues. Finally, staff recommends when adopting the b��dbet, Co�mcil autho�-ize a transfer ii� tl�e amo�mt of$450,000 fi-om the General F�md Operatinb Reserve to the Inl�rasU�uctw-e and Facilitv Replace»�e��t Reserve f=und. This transfer will allow all fut�n-e libraiy coi�tributioi� payments (FY 21,2? ai�d 23) to come fi�oi�� this Fund. 1�� the Proposed Bud�et, the Library Contribution is included as a line item i�� the ]ntergover��ment, Agency & JPA section of the Noi�-Departmental portion of the opei�atin� budget (Paae 72). Tl�is section ol�the operating bud«et includes e�penses related to a variety of Joint Power Authorities the Town includin<�: The Richa��dson Bay Regional �luthority (RBRA); Marii� General Ser-vice�s nuthority ('V1GSA). Mal-in Cmergency Radio Autl�o�-ity (MERA), Ti-ansportat�ion Authority of Marin (I�AM). and others. Expei�ditures in this cate��ory a�•e considered operatinb expendit�u-es, and are 100% funded by General Fund Revenue (GFR). It is lai-bely t�his comparison of operating eapenditw-es vs, GFR that d�termines �vhether t�he pr-oposed opei-atinb bud<,�et is projected to produce an operating surplus or deficit. li� this case, with the projected de9�icit in the Proposed Budget at $227,548, the contribution to the Library Project compi-ises $150,000, or 65.9% oCthat total. ___ _ __ _ _ __ _ _ __ _. � St�1'I�bclieves there is good reason to reval�iate the classitication ofthe Library Contribution as an operatin� expens�. particularly give�� the initial justif7cation for approving the contribution. On May 6. 2019. the "I�o��n received a letter fi-om the Belvcdere/Tiburon Libraiy Agency (B'1�LA) req�iestii�� a �tinancial contribution fi�om the Town towa�-ds the Library Project. The letter included an attachment which provided a detaileci estimate of the cost Co construct exterior � feat�u-es. describcd by the BTLA as `shared p��biic space', and asl<ed the Town to `cnnfirm its inie��t Io joii7 Ihe�1,e»c�� by i��crkif�g a conh•iba�jrot� to lhe cost of�lhe shcrrec�pt:rblic�ucilitres'. For Council's reference. thcse shared public facilities are depicted ii� �xhibit 1, and include the ne�-v public p�rl<i��g lot serving the Library and Town Hall, p�iblic spaces (Civic Pl�lza) bet�veen the two tacilities ancl tl�e reciesib»ec1 Zelinsl<y Parl< area. ]n sui�>>��ary, the req�iest was for a � contrib��t�ion to��ards completii�� si;nificant ii�fr-astructure improve�nents; some ol�which are � located on To��n owned property. These types of improvements would almost certainly be categorized as Capital ]n�prove�nents if the Town were undertal<inb the worl<. � On July l7. 2019, Coui�cil approved a $600,000 contribution to the Librai�y Project, ��hich was to � be paid in 4 instailments of$150,000 per year starting in Fiscal Year 19-20 (curre nt vear). /11ong with approvii�g the t�otal contrib��tioi�, Council also approv�d a FY 20 budget amendment in the amount oi�$150,000 to mal<e the 1'`of the four scheduled payments. That payment �vas made in Julv 2019. ]f Council a;rees the Library Contrib��tion should be considered a Capital lmprovement, staf�f recommends Co�u�cil consider approving a t►-ansfer of$450,000 fi-om the General Fund Operating � Reserve into the Infrasti-ucture and Facility Replacement Reserve to f�ind the remainin� three installments of the contribution (FY 21,22 and 23). P'INANCIAL IMPACT Adoption of the recommended actio» would i•esult in a net decrease in Opei-atinb E:�penditures of $228,500. with $78.500 cominb froi�� expense reductions and the remaining $150,000 ti�om � recl�ssification of the Librar}� Project to a Capital lmprovement. With re��ards to the Proposed � Budget's projected operatinb deficit of$227,5�}8, these chai�bes wo�ild result in a pro,jected operating sur lus of$952, or essentially a balanced operating b�id;et. However, stafFwould note the net decrease in total appropri�tions would be $78,500, or the amount equal to the e�pense reductions proposed ii� Option 3. R�COMMI?NDATION Staff recommends Town Cou��cil: I. Approve recornmended changes to the Fiscal Year 2020-21 Prcliminarv Municip�l Budget as detailed in Option 3, ancl, 2. Direct staff to return to Couneil on July l, 2020 to consider adoption oftl�e revised I�iscal � Year 2020-21 Municipal Bud�et and associate�l R�solutio��s incorporatin�� those chan��es. l�:�hibits � I. 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