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TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 Tiburon Town Council May 19, 2021 Special Meeting – 4:40 P.M. Regular Meeting – 5:00 P.M. TIBURON TOWN COUNCIL AGENDA CORONAVIRUS (COVID-19) ADVISORY NOTICE On May 18, 2020, the Marin County Public Health Officer issued a legal order directing residents to shelter at home until further notice. The order limits activity, travel and business functions to only the most essential needs. Additional information is available at https://coronavirus.marinhhs.org/ Consistent with Executive Orders No. N-25-20 and No. N-29-20 from the Executive Department of the State of California, the Town Council meeting will not be physically open to the public and all Council Members will be teleconferencing into the meeting. To maximize public safety while still maintaining transparency and public access, members of the public can access the meeting by following the meeting live at: Audio/Video Webinar: https://zoom.us/j/98050438137 Webinar ID: 980 5043 8137 Call-in Number: +1 669 900 6833 Access Code: 980 5043 8137 Instructions for providing public comment live during the meeting using Zoom are linked on the Town’s website and to this agenda. Members of the public may provide public comment by sending comments to the Town Clerk by email at comments@townoftiburon.org. Comments received prior to the start of the Council meeting will be distributed electronically to the Town Council and posted on the Town’s website. Comments received after the start time of the Council meeting, but prior to the close of public comment period for an item, will then be read into the record, with a maximum allowance of 3 minutes per individual comment, subject to the Mayor’s discretion. All comments read into the record should be a maximum of 500 words, which corresponds to approximately 3 minutes of speaking time. If a comment is received after the agenda item is heard but before the close of the meeting, the comment will still be included as a part of the record of the meeting but will not be read into the record. Any member of the public who needs accommodations should email or call the Town Clerk who will use their best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety in accordance with the Town’s procedure for resolving reasonable accommodation requests. All reasonable accommodations offered will be listed on the Town’s website at www.townoftiburon.org. SPECIAL MEETING – 4:40 P.M. CALL TO ORDER AND ROLL CALL Councilmember Fredericks, Councilmember Kulik, Councilmember Ryan, Vice Mayor Welner, Mayor Thier INTERVIEWS FOR VACANCIES ON TOWN BOARDS & COMMISSIONS • Stewart Summers (Building Code Appeals Board) • Don Scheiner (Building Code Appeals Board) ADJOURNMENT – to regular meeting REGULAR MEETING – 5:00 P.M. CALL TO ORDER AND ROLL CALL Councilmember Fredericks, Councilmember Kulik, Councilmember Ryan, Vice Mayor Welner, Mayor Thier ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3) minutes. PRESENTATIONS P-1. Conserving Water During Drought – Lucy Croy, Water Quality Manager, Marin Municipal Water District CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion of the Town Council unless a request is made by a member of the Town Council, public or staff to remove an item for separate discussion and consideration. If you wish to speak on a Consent Calendar item, please seek recognition by the Mayor and do so at this time. CC-1. Town Council Minutes – Adopt minutes of May 5, 2021 regular meeting of the Town Council (Department of Administrative Services) CC-2. Easement – Consider approval of Easement Agreement with Marin Municipal Water District across the Old Rail Trail at Lyford Drive and authorize the Town Manager to execute the agreement (Department of Public Works) CC-3. Adopt Flag Policy and Consider Council request to Display Rainbow Pride Flag in June – Consider adoption of a flag policy for the Town and request by councilmembers to fly rainbow flag in month of June (Office of the Town Manager) ACTION ITEMS AI-1. Slow Streets Update- Receive update on the 2020 Slow Streets Program and direct staff with regards to possible program in 2021 (Office of the Town Manager) AI-2. Appointments to Town Boards & Commissions – Consider appointments to the Building Code Appeals Board (Department of Administrative Services) AI-3. Mill Valley Refuse Service Agreement – Receive report from R3 Consulting Group and consider extension of MVRS Franchise agreement from 2016-2031 (Office of the Town Manager) AI-4. Broadband Infrastructure Planning- Receive Presentation from Magellan Advisors and consider directing staff to continue work on developing scope and cost proposal with Magellan Advisors (Office of the Town Manager) PUBLIC HEARINGS PH-1. 683 Hilary – Hold Public Hearing and consider adoption of resolution setting Hawthorne Utility Undergrounding District assessment on 683 Hilary Drive (Department of Public Works) TOWN COUNCIL REPORTS TOWN MANAGER REPORT ADJOURNMENT GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (415) 435- 7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town’s website, www.townoftiburon.org. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. Town of Tiburon 1505 Tiburon Blvd., Tiburon, CA 94920 lstefani@townoftiburon.org 415.435.7377 TOWN OF TIBURON COMMISSION, BOARD & COMMITTEE APPLICATION The Town Council considers appointments to its various Town commissions, boards and committees throughout the year due to term expirations and unforeseen vacancies. In its effort to broaden participation by local residents in Tiburon’s local governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing this form and returning it to Town Hall with a resume. Copies will be forwarded to the Town Council and informal applicant/Council interviews are scheduled periodically during the year. Your application will also remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Lea Stefani Town Clerk Applicant Name Full Name:Date: Areas of Interest Please indicate your areas of interest in numerical order: Planning Commission Parks, Open Space & Trails Comm. Design Review Board Bel-Tib Joint Recreation Board Heritage & Arts Commission Disaster Advisory Council Bel-Tib Library Board Commission on Aging Affordable Housing Building Code Appeals Board Applicant Information Address: Street Address Apartment/Unit # City State ZIP Code Phone:Email: Why did you select your area(s) of interest? What are your applicable qualifications and experiences? Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized in their redacted form as part of Town Council meeting materials. Stewart K. Summers, Architect ___ Stewart K. Summers has over 25 years of experience in the Architectural field. During that time, Stewart has worked on diverse projects that include Custom Residential, Subdivisions, Additions and Alterations, Commercial Office, Restaurant and Religious Assembly. This wide range of experience has allowed him to become well versed in managing projects of all types and obtain technical proficiency required for a variety of project types. Stewart’s skills extend to an extensive understanding of the entitlement process and dealing with local government agencies to secure project approvals. Stewart has received certifications from Built it Green as Certified Green Building Professional and Certified Green Rater and currently serves as a member of the City of San Rafael’s Design Review Board. Professional Experience 2007 – Present: Principal Architect SKS Architects, San Rafael, California Principal Architect and Project Manager on a variety of projects ranging from Commercial to Custom & Spec Residences, Remodels and with the associated coordination of Consultants, Jurisdictional Entitlement Processes, preparation of Construction Documents and Construction Management. 1995 – 2007: Licensed Architect, Project Manager, Cad Manager Urban Dynamics Inc. dba G. Thomas Telfer, Architect, Novato, California Project Architect and or Project Manager on a variety of projects ranging from Commercial to Custom & Spec Residences, Remodels, Additions and Multi-Family along with the associated coordination of Consultants, Jurisdictional Entitlement Processes, preparation of Construction Documents and Construction Management. 1989 – 1995: Project Manager, Cad Manager, Draftsman Urban Dynamics Inc., a California Corporation, dba Telfer– Chiesa–Dunham & Johnson, Architecture & Engineering, Novato, California Project Manager on a various projects ranging from Commercial to Residential. Managing and Training of Staff in the utilization of AutoCAD as the primary design and drafting tool for the firm. Cad Drafting on various projects 1983 – 1989: CAD Draftsman Craiker Associates, Inc., San Rafael, California Autocad Drafting of Design and Construction Documents on various projects, commercial and residential. Education & Certificates 1995-present: Licensed as Architect in State of California #C25816 Acquired required Equitable Practical Years of Experience by College Education credits and work experience to qualify for State of California Architectural Licensing 1985 – 1989: Bachelor of Arts, Architecture University of California, Berkeley CA 2008-present: Certified Green Building Professional Acquired certification as green building consultant through Build It Green (non-profit in Berkeley, CA focusing on healthy and energy/resource efficient homes for California) Professional and Community Affiliations Board Member, City of San Rafael Design Review Board, term 2007-present Build it Green Certified Green Building Professional, 2007 Eagle Scout, Troop 101, San Rafael, CA - 1984 Town of Tiburon 1505 Tiburon Blvd., Tiburon, CA 94920 lstefani@townoftiburon.org 415.435.7377 TOWN OF TIBURON COMMISSION, BOARD & COMMITTEE APPLICATION The Town Council considers appointments to its various Town commissions, boards and committees throughout the year due to term expirations and unforeseen vacancies. In its effort to broaden participation by local residents in Tiburon’s local governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing this form and returning it to Town Hall with a resume. Copies will be forwarded to the Town Council and informal applicant/Council interviews are scheduled periodically during the year. Your application will also remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Lea Stefani Town Clerk Applicant Name Full Name:Date: Areas of Interest Please indicate your areas of interest in numerical order: Planning Commission Parks, Open Space & Trails Comm. Design Review Board Bel-Tib Joint Recreation Board Heritage & Arts Commission Disaster Advisory Council Bel-Tib Library Board Commission on Aging Affordable Housing Building Code Appeals Board Applicant Information Address: Street Address Apartment/Unit # City State ZIP Code Phone:Email: Why did you select your area(s) of interest? What are your applicable qualifications and experiences? Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized in their redacted form as part of Town Council meeting materials. Don Scheiner 415-860-8373 don@sausalitoconstruction.com SUMMARY As a fourth generation Marin County Resident and general contractor that works primarily in the Tiburon, Belvedere, and Mill Valley area, I feel that my input and experience would be of great assistance in guiding and maintaining the understanding of current and future building codes. There are multiple impacts that new building code revisions can bring not only in terms of safety and durability but preserving and maintaining the visual beauty and environmental needs of our community as well. I hope to bring additional insight on how that would impact future construction costs and methods. I have over 40 years of construction experience in the Bay Area. I have worked in the industry since 1981 and received my General Contractors License in 1991. My work is primarily in the southern Marin County area. I have worked with the town of Tiburon, in particular, since 1998 and my current company, Sausalito Construction, is very familiar with the Town of Tiburon’s Planning and Building Department. POSITION RELATED SKILLS • Building material management and cost control • Value engineering review and analysis • Project schedule management and review • Client management and support • Problem identification and solution evaluation/implementation WORK HISTORY Vice-President I Sausalito Construction – San Rafael, CA 2012 - Present Project Manager, I Sausalito Construction – San Rafael, CA 1998-2012 Project Manager I Scheiner Construction – San Rafael, CA 1990-1998 Superintendent I Krystal Construction – Northern CA 1981-1990 SPECIAL INTERESTS Member of Marin County Motor Cycle Association, Marin County, CA Member of Northern California Chapter of Over the Hill Dirt Bike Club, Northern CA Member of Micheal Murnin Golf Association, Marin County CA VOLUNTEER AND COMMUNITY INVOLVEMENT Built and donated judges stand for UC Davis Equestrian Team, UC Davis, Davis, CA Assist in build and maintenance of Marin County Motorcycle Association club grounds, Petaluma, CA Remodel and build of snack-shack Novato Junior Horsemen Club, Novato, CA Donated time to Novato Bike Park, Novato, CA Build of 50’ Bike Ramp, donated by the Neff Family to the youth group North Bay BMX, North Bay, CA Maintenance of Novato Park and Recreation Softball and Baseball fields, Novato, CA Volunteer Assistant Coach Novato Little League, Novato, CA Volunteer Special Events STEM Marin, Marin County, CA San Marin Mountain Bike Team, Marin County, CA ANNUAL DONOR Leukemia Lymphoma Association UC Davis Equestrian Team University California Davis University of Nevada Reno San Marin High School, Novato, CA West Coast Reining Horse Youth Association, Northern California National Rein Horse Youth Association Novato Junior Horsemen, Novato, CA And many more groups and associations Tiburon Town Council May 19, 2021 Oral Communications Late Mail Requests for Copies: Lea Stefani, lstefani@townoftiburon.org From:cameron balfe To:Lea Stefani Subject:Fwd: Hello council thanks for giving me time to speak to you all. Date:Saturday, May 15, 2021 3:54:25 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Sent from my iPhone Begin forwarded message: From: cameron balfe <guruofgong26@gmail.com>Date: May 14, 2021 at 10:57:35 AM PDTTo: Joel <joel.evans-fudem@seiu1021.org>Subject: Fwd: Hello council thanks for giving me time to speak to you all. Sent from my iPhone Begin forwarded message: From: cameron balfe <guruofgong26@gmail.com>Date: May 14, 2021 at 10:41:20 AM PDTTo: cameron balfe <guruofgong26@gmail.com>Subject: Hello council thanks for giving me time to speak to youall. Hello council thanks for giving me time to speak to you all. My name is Cameron Balfe lead parks worker. I’ve been working inthe tiburon parks for the last 20 years. I feel very privilaged to be part of this crew and this town. Everyone in our public works departmentis hardworking and takes pride in they’re job. We are helpful and creative in problem solving in many emergency situations to assistpublic and are positive to each other and attentive to the needs of fellow departments and the community. In the 20 years I’ve beenhere I haven’t seen the parks streets and facilities look as clean well maintained as today. Our department has taken on moreresponsibilites in parks,facilities and roadsides and open space areas. We have all stepped up during the latest shutdown and provided aclean safe and inviting atmosphere for the public to enjoy. I think what the seiu members have asked for in the latest negotiations withcost of living increase is fair and reasonable. The same as our last contract of 3% a year for 3 year contract.I hope that we can somehow meet part way to at least get closer to this number and have a more amicable outcome. Having faircompensation to acknowledge all the extra above and beyond things that the department does for the town on a daily basis to make this thenicest town around. Also I wanted to address not changing the schedule to the weekendshifts. I think it’s a bad idea for the following reasons:First it would spread the department too thin. Many projects and activities wouldn’tbe feasible to do on weekends because of noise restrictions and the volume of citizens that are in parks and roads on the weekends. Itwould become a safety issue trying to use equipment. I think it would lower productivity of the department and make it even harder to getour work done. One last observation is that we have the same amount of workers in public works that we had in the year 2000 and there is alarge increase in the amount of responsibilities we’ve taken on since then and it seems harder to keep up with the level of quality work thistown deserves. Thank for your time. Sent from my iPhone Hi, my name is Pete Velles I am a Senior Maintenance worker for the Town of Tiburon and a Member of SEIU. I want to start off by saying how much I enjoy working in our beautiful town, and for the residents who live here. As we all know this past year 2020 we have been affected by a global pandemic, as our Town quickly pulled together to figure out an efficient way to keep the town going forward it was in the best interest to keep our full Public Works crew operational during this time. To maintain the town with safe protocols and keep the full range/use of the town functional. The service Tiburon Public Works has done on a day to day basis this past year shows just how much. Our Public Works maintenance crew bring a range of skills to our town that we use to go above and beyond that keeps the town safe and enjoyable for all who lives here as well as our visitors. The work we perform is far above what our general maintenance requires, our response times for any issues surpasses what is expected and have no back log of unanswered work requests. Having stated that we have even gone to other Public works in Marin county to show them how they can be more effective. We have taken on multiple jobs as well as maintenance that our predecessors in the past would not or could not do. In the past 7 years I have been here we have taken on more assignments and have increased our inhouse work on special projects that would in the past go out to contractors. This not only saves the Town money, but time as well. In all we keep our work up to excellence that is expected by our management and our residents. Working for the residents in Tiburon is not just a job to every one of us, but part of the pride we have as a crew. Our accomplishments are recognized by many who live and work here. We need the Town Council to value us as much as we value this community. Please stand by us and get us to a fair contract with the 3% wage increases that we need. I would like to say thank you to the Town Council and the residents for taking the time by hearing me. Pete Velles Senior Maintenance Worker From:Phoenix Giffen To:Lea Stefani Subject:Tiburon Town Hall Meeting Comment Date:Wednesday, May 19, 2021 5:03:12 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good evening. My name is Phoenix Giffen, and I work for the Tiburon Public Works Parks Division. I am writing this to voice my thoughts, feelings and concerns about the current contract negotiations. I have worked for Tiburon for the past 3 years. It has been the best job I’ve ever had and one I take great pride in. During that time, I have watched my fellow employees go above and beyond to help make and maintain Tiburon into the beautiful destination it is. We have all quite literally poured blood, sweat and tears into this town. During the last year, we all felt incredibly blessed to have this place to come to, as so many others had unfortunately lost their places of employment. That said, we also took on more responsibilities while simultaneously putting ourselves and our families at risk during a pandemic that has taken the lives of over 584,000 Americans. One of the reasons why I’ve loved this job so much is because I truly felt a great deal of gratitude from the people who live here. We are all constantly being told how much we are appreciated for all of the hard work we do which makes doing the work all that more enjoyable. However if there’s one thing I’ve learned in life, it’s to not put too much weight on words, but actions. Growing up in Kentucky my Dad always told me, you work hard and you’ll be rewarded. During these recent contract negotiations, I’ve come to question that. Maya Angelou said “When people show you who they are, believe them.” I think about this line now during these times as I ask myself, “Is this who Tiburon really is?” Tiburon is one of the wealthiest towns in the nation, but they’re trying to deny us a 3% raise? Is this who Tiburon is? The average home in Tiburon cost $3 million. The average rent in Tiburon cost $4,600. The men in Public Works can’t even afford to live in the town they work and now we’re being told we’re also not worth 3% more? Is this who Tiburon is? As you get into your luxury cars and drive to your million dollar homes, as you pass all the beautiful landscapes and fields, can you honestly say the men that help keep them that way don’t deserve an extra 3%? Is this who Tiburon is? Some women in this town have purses that cost more than what a 3% raise would be for ALL of us. Not each, but ALL. This literally feels like a punch in the gut. I respectfully ask you all to ponder on this as these conversations continue. Who is Tiburon really? And what is it they want to portray? Thank you for your time. In Peace- Phoenix Giffen A Union Member of SEIU 1021 Page 1 of 4 Tiburon Town Council Minutes #07-2021 DRAFT May 5, 2021 TOWN COUNCIL REGULAR MEETING DRAFT MINUTES Consistent with Executive Orders No. N-25-20 and N-29-20 from the Executive Department of the State of California and the County Public Health Department’s May 18, 2020 Shelter-in-Place Order, councilmembers attended this meeting by teleconference. Members of the public were invited to participate in the meeting by live-streaming the meeting on the Town’s website and submitting comments to comments@townoftiburon.org to be included in the public record for the meeting. REGULAR MEETING – 5:00 P.M. Mayor Thier called the regular meeting of the Tiburon Town Council to order at 5:00 p.m. on Wednesday, May 5, 2021. CALL TO ORDER AND ROLL CALL PRESENT: COUNCILMEMBERS: Fredericks, Kulik, Ryan, Thier, Welner ABSENT: COUNCILMEMBERS: None PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock, Director of Public Works/Town Engineer Palmer, Director of Administrative Services Creekmore, Town Clerk Stefani ORAL COMMUNICATIONS Angela McInerney encouraged the Council to consider adding a Social Equity Element to the Town’s General Plan. Bronia Hill questioned the lack of transparency in Council or public review of the independent investigation report that had been completed in response to the August 2020 incident at the Yema store. She recommended the Council complete a review of the General Plan and police manual through a lens of diversity, inclusion, transparency and accountability and to add a Diversity Element to the Town’s General Plan. INTERVIEWS FOR VACANCIES ON TOWN BOARDS & COMMISSIONS •Kindra Lee, Heritage & Arts Commission (1 vacancy) CONSENT CALENDAR CC-1. Town Council Minutes – Adopt minutes of March 31, 2021 special meeting of theTown Council (Department of Administrative Services) DR A F T Page 2 of 4 Tiburon Town Council Minutes #07-2021 DRAFT May 5, 2021 CC-2. Investment Summary – Adopt investment summary for month ending March 31, 2021 (Department of Administrative Services) CC-3. Appeal Procedures – Adopt resolution amending Town Council appeal procedures (Department of Administrative Services) CC-4. Apex Technology Management – Authorize the Town Manager to execute a Professional Services Agreement with Apex Technology Management to provide managed IT services for the Town (Department of Administrative Services) CC-5. Mayor’s Proclamation – Authorize Mayor’s Proclamation declaring May 16 – 22, 2021 Public Works Week (Department of Public Works) Mayor Thier removed Consent Calendar Items No. 4-5 and Councilmember Kulik removed Consent Calendar Item No. 3. MOTION: To adopt Consent Calendar Items No. 1-2, as written. Moved: Fredericks, seconded by Ryan VOTE: AYES: Fredericks, Kulik, Ryan, Thier, Welner CC-3. Appeal Procedures – Adopt resolution amending Town Council appeal procedures (Department of Administrative Services) MOTION: To adopt the resolution, as amended, to include language to indicate that the Mayor may extend the time periods allotted to the applicant and appellant, with consensus of the Town Council. Moved: Welner, seconded by Ryan VOTE: AYES: Ryan, Thier Welner NAYS: Fredericks, Kulik CC-4. Apex Technology Management – Authorize the Town Manager to execute a Professional Services Agreement with Apex Technology Management to provide managed IT services for the Town (Department of Administrative Services) Mayor Thier recused herself due to a potential conflict of interest. MOTION: To authorize the Town Manager to execute the agreement. Moved: Fredericks, seconded by Ryan VOTE: AYES: Fredericks, Kulik, Ryan, Welner RECUSED: Thier CC-5. Mayor’s Proclamation – Authorize Mayor’s Proclamation declaring May 16 – 22, 2021 Public Works Week (Department of Public Works) Mayor Thier read the proclamation. DR A F T Page 3 of 4 Tiburon Town Council Minutes #07-2021 DRAFT May 5, 2021 ACTION ITEMS AI-1. Appointments to Town Boards & Commissions – Consider appointment to Heritage & Arts Commission (Department of Administrative Services) MOTION: To appoint Kindra Lee to the Heritage & Arts Commission. Moved: Fredericks, seconded by Thier VOTE: AYES: Fredericks, Kulik, Ryan, Thier, Welner AI-2. Hawthorne Utility Undergrounding District – Consider adoption of a Resolution of Issuance that would provide the necessary authorizations to proceed with the sale of bonds (Department of Public Works) Councilmember Ryan stated he had a material property interest within the District and would therefore recuse himself from the next two agenda items. Director of Public Works/Town Engineer Palmer called the Council’s attention to a necessary amendment to the resolution of issuance that would amend the capped principal amount as $7,800,000 instead of $9,500,000 and the interest rate at 3.3% instead of 4%. MOTION: To adopt the Resolution of Issuance, as amended. Moved: Fredericks, seconded by Kulik VOTE: AYES: Fredericks, Kulik, Thier, Welner RECUSED: Ryan AI-3. Hawthorne Utility Undergrounding District – Consider adoption of 5 Resolutions of Necessity that would initiate proceedings to acquire easements by eminent domain at 5 properties within the District (Department of Public Works) Director Palmer said the Resolution of Necessity for 40 Del Mar would be considered at a later date. MOTION: To adopt the Resolution of Necessity for 10 Sommers Court. Moved: Fredericks, seconded by Welner VOTE: AYES: Fredericks, Kulik, Thier, Welner RECUSED: Ryan MOTION: To adopt the Resolution of Necessity for 650 Tiburon Boulevard. Moved: Fredericks, seconded by Welner VOTE: AYES: Fredericks, Kulik, Thier, Welner RECUSED: Ryan MOTION: To adopt the Resolution of Necessity for 4 Palmer Court. Moved: Fredericks, seconded by Welner VOTE: AYES: Fredericks, Kulik, Thier, Welner RECUSED: Ryan DR A F T Page 4 of 4 Tiburon Town Council Minutes #07-2021 DRAFT May 5, 2021 Public comment was received by Ben Argov related to the Resolution of Necessity for 2 Palmer Court. Mr. Argov spoke in opposition to the proposed easement on his property. MOTION: To continue adoption of the 2 Palmer Court Resolution of Necessity to the date at which the remainder of the Resolutions of Necessity for the Hawthorne Utility Undergrounding District will be brought before the Town Council for consideration. Moved: Thier, seconded by Fredericks VOTE: AYES: Fredericks, Kulik, Thier, Welner RECUSED: Ryan PRESENTATIONS P-1. Update on American Rescue Plan Funding No action taken. TOWN COUNCIL REPORTS There were none. TOWN MANAGER REPORT There was none. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Thier adjourned the meeting at 6:30 p.m. HOLLI THIER, MAYOR TOWN OF TIBURON ATTEST: LEA STEFANI, TOWN CLERK DR A F T TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Public Works Subject: Consider Approval of Easement Agreement with Marin Municipal Water District Across the Old Rail Trail at Lyford Drive for the Southern Marin Pipeline Replacement Project Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY As needed for the Southern Marin Pipeline Replacement Project, consider approval of an Easement Agreement with Marin Municipal Water District (MMWD) for a new waterline across the Old Rail Trail at Lyford Drive. RECOMMENDED ACTION(S) Staff recommends that the Town Council approve the Easement Agreement and authorize the Town Manager to execute the agreement on the Town’s behalf. BACKGROUND MMWD is construction a project to install new water mains and appurtenances in the Town of Tiburon, the cities of Belvedere and Sausalito to replace an aging water main with new eight-inch and ten-inch welded steel and high-density polyethylene pipe and appurtenances (Southern Marin Pipeline Replacement Project D20022A). As part of this Project, MMWD needs to install a new water main across the Old Rail Trail at Lyford Drive and is requesting a 20-foot-wide strip easement from the Town. This easement is necessary to grant MMWD the right to install, maintain, repair, remove, replace, and operate a pipeline on Town land. The Easement Agreement and plat is attached at Exhibit 1. California Government Code Section 65402(a) requires that no real property shall be disposed of until the location, purpose, and extent of disposition has been submitted to and reported upon by the planning agency as to conformity with the adopted general plan. This item was heard at the May 12, 2021 Planning Commission, and Planning Commission determined that the easement to MMWD is in conformance with the General Plan. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting May 19, 2021 Agenda Item: CC-2 Town Council Meeting May 19, 2021 TOWN OF TIBURON PAGE 2 OF 2 ANALYSIS A vicinity map is included as Exhibit 2, and the engineering drawings for the MMWD Project are included as Exhibit 3. This project will replace 5,050 feet of leak prone piping installed as early as 1924 in coordination with City of Belvedere’s earthquake resilience program, Sanitary District No. 5’s 2020 Cove Road Force Main Replacement Project and planned upcoming paving work to minimize inconvenience to the public. The project comprises approximately 4,040 feet of welded steel pipe and approximately 1,010 feet of 10-inch HPDE pipe in Cove Road, Belvedere, to project against the corrosive effectives of shallow, saline groundwater present in the area. Approximately 1, 130 feet of 8-inch pipe will be replaced in Round Hill Road, Tiburon. The proposed new water line will run thru the intersection of Tiburon Blvd at Lyford Drive across the Old Rail Trail into the City of Belvedere jurisdiction. There is currently no water line thru that section of the trail and an easement is necessary for the district to construct and maintain their facilities. The new waterline will also increase the fire flow demand that is required by the Fire Department for new development. The easement agreement includes the following terms: • The easement is non-exclusive; • The Town retains the ability to improve, repair, and maintain the trail and Town improvements that are within the easement; • If the Town finds that the easement needs to be relocated in the future, MMWD would pay for relocating the water line; • Other underground utilities currently exist within the Old Rail Trail, and they do not impact the ability of the Town's resident to use the trail; • Upon completion of construction of the improvements, MMWD will restore hard scape surfaces on the Property, if any were damaged during construction of the improvements, to reasonably match the hard scape the hard scape surfaces existing on the property at the time of initial installation. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town by approving staff’s recommended action. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA. RECOMMENDATION Staff recommends that the Town Council approve the Easement Agreement attached as Exhibit 1 and authorize the Town Manager to execute the agreement on the Town’s behalf. Exhibit(s): 1. Easement Agreement between the Town of Tiburon and the Marin Municipal Water District 2. Vicinity Map 3. MMWD Engineering Drawings for this Water Line Prepared By: David Eshoo, Associate Engineer Steven Palmer, Director of Public Works/Town Engineer EXHIBIT 1 Recording for the Benefit of MMWD, No Fee, Gov’t. Code 27383. Value less than $100.00 Recording Requested By: Stanley Graham Real Property Agent When recorded return to: Stanley Graham Marin Municipal Water District 220 Nellen Avenue Corte Madera CA 94925-1169 EASEMENT AGREEMENT APN 058-152-01, 060-061-15 THIS EASEMENT AGREEMENT (“Agreement”), is made and entered into as of this _______ day of __________________, 2020, by and between the TOWN OF TIBURON, a municipal corporation (“Grantor”), and the MARIN MUNICIPAL WATER DISTRICT, a municipal corporation (“District”). For valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows: Section 1. Recitals: A. Grantor is the owner of a certain piece of real property described as APN 058-152-01, and 060-061-15, (the “Property”), which is incorporated herein by reference. B. District’s Southern Marin Pipeline Replacement Project D20022A (the “Project”) will install new water mains and appurtenances in the Town of Tiburon, the cities of Belvedere and Sausalito. C. Project will replace an aging water main with new eight-inch and ten-inch welded steel and high density polyethylene pipe and appurtenances on the Property. D. District has asked Grantor to grant the District an easement on the Property. E. Grantor desires to convey a non-exclusive easement over a portion of the Property to the District as described below. Section 2. Grant of Easements: A. As owner of the Property, Grantor hereby grants to the District and its successors and assigns in interest, a non-exclusive easement described in “Exhibit A”, attached hereto and incorporated herein as if fully set forth (“Easement”). B. The Easement described in Section 2(A) shall be held subject to the following terms and conditions: Easement Deed – Town of Tiburon to MMWD 2 i. The Easement granted herein is non-exclusive. The District is granted the right to lay, maintain, repair, remove, replace and operate a pipeline or pipelines of such dimension or dimensions as the District elects to install, together with the right to construct and maintain such meters, valves and below grade appurtances as may be necessary in connection with storage, transmission and delivery of water, including reasonable ingress and egress over paved adjoining lands for the construction, repair and maintenance of such pipeline(s) and facilities (“Improvements”). ii. Grantor reserves the right to use the Easement for any and all purposes that will not unreasonably interfere with District’s use of the Easement and operation of the Improvements. No future structure, fill, or other improvement shall be placed on or over the Easement that unreasonably interferes with or impedes access to the use, repair, replacement, or maintenance of the Improvements in the Easement. Provided there is no interference with the District’s use as described herein, Grantor may use or grant additional easements to other property owners for uses including, but not limited to, ingress and egress. iii. Grantor reserves and shall have the right to revise the grade of the Easement surface, upon providing prior written notification to the District. Upon receipt of such written notice, Grantor and the District agree to confer regarding any proposed changes in order to achieve the greatest possible efficiencies, however the final decision to revise the grade is at the sole discretion of the Grantor. Based upon such discussions, the District will determine, in its sole discretion, if the change in grade will require the raising or lowering of the Improvements. If the District determines that raising or lowering the Improvements is required, the District shall bear the costs of the vertical relocation. iv. If Grantor finds that a change in the location of the Easement is necessary, Grantor shall grant District a suitable new easement acceptable to the District, and the District shall pay the full costs of relocating the District Improvements. v. Upon completion of construction of the Improvements, the District will restore hard scape surfaces on the Property, if any were damaged during construction of the Improvements, to reasonably match the hard scape surfaces existing on the Property at the time of initial installation of the Improvements. The District is under no obligation to install or to maintain any additional paving or other surfacing on the Easement, unless the District, in its sole discretion, desires improved access to repair, replace, maintain, or to use the installations in the Easement. The District shall not be liable for any contribution under the provisions of California Civil Code Section 845. Section 3. Construction of Improvements: Any Improvements constructed by District in the Easement shall be limited to those Improvements described in Section 2(B)(i), herein. The District shall give Grantor at least thirty (30) calendar days written notice prior to the commencement of construction of the Improvements in the Easement. If any portion of the Property is damaged during the duration of the Project, the District shall assume the loss. The District shall return any Property damaged during any District construction of the Improvements, as reasonably as possible, to its original condition prior to District construction. Easement Deed – Town of Tiburon to MMWD 3 Section 4. Damages to the Property: If any portion of the Property is damaged by reason of leakage or other failure of any part of the underlying existing District pipelines or facilities, or by reason of the District, its officers’, agents’, employees’ and/ or contractors’ actions in gaining access to the Easement, District Improvements, or underlying pipelines for purposes of repair, maintenance, connection, or for any other purpose, then the District shall assume the loss and pay for the reasonable repair of such damage taking into consideration issues of depreciation and betterment. If the District undertakes any repair on any portion of the Property, the District’s work shall conform to applicable standards of the construction industry. The District shall replace or repair any portion of the Property, damaged by the District, as reasonably as possible, to the conditions that existed prior to the damage occurring. Section 5. Damages to the Improvements: Any damage to the Improvements by Grantor, directly or indirectly, to (a) the District’s pipelines or other District facilities maintained in the Easement, or (b) to property in the Easement for which the District is held responsible, shall be assumed by Grantor, and Grantor agrees to and will pay the cost of the loss sustained by the District. Section 6. Mutual Indemnification: Each party for themselves, their heirs, executors, administrators, successors, assigns and for any person or company in the Easement by invitation expressed or implied, shall indemnify, hold harmless, release and defend the other party, its officers, directors, volunteers, agents and employees, from any and all liability, actions, claims, damages, costs or expenses, including attorneys’ fees and costs and expenses of suit which may be asserted by any person, including the party , arising out of or in connection with this Agreement, except an action to enforce the terms of this Agreement. Section 7. Representation: This Agreement is executed voluntarily by each of the parties hereto, all of whom have had the opportunity to obtain legal advice by independent counsel of their choice as to the content and effect of this Agreement. Section 8. Authorization: Each signatory to this Agreement warrants that he or she has full authority to execute this Agreement on behalf of and thus bind the individual, or entity represented. Section 9. Entire Agreement: This Agreement contains the entire agreement and understanding between the parties. Section 10. Binding on Successors: Easement Deed – Town of Tiburon to MMWD 4 This Agreement shall bind and inure to the benefit of the respective successors, assigns, legatees, heirs, executors, administrators and estates of each of the parties. Section 11. Paragraph Headings: Paragraph headings are used for reference purposes only and are not intended to describe, interpret, define or limit the scope or extent of this Agreement or any of its provisions. Section 12. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state of California. Section 13. Counterparts: This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which taken together, shall constitute one instrument. Section 14. Facsimile Signatures: The parties agree that this Agreement, documents ancillary to this Agreement and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature shall be treated in all respects as having the same effect as an original signature. Section 15. No Presumption Regarding Drafter: The parties acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between the parties and their attorneys, and this Agreement reflects their mutual agreement regarding the same. Because of the nature of such negotiations and discussions, it would be inappropriate to deem any party to be the drafter of this Agreement, and therefore no presumption for or against validity or as to any interpretation hereto, based upon the identity of the drafter shall be applicable in interpreting or enforcing this Agreement. Section 16. Mediation: Any dispute or claim in law or equity between Grantor and the District arising out of this Agreement, if not resolved by informal negotiation between the parties, shall be mediated by referring it to the nearest office of Judicial Arbitration and Mediation Services, Inc. (JAMS) for mediation. Each party shall provide the others with a list of four mediators. The parties shall confer on the list and select a mutually agreeable mediator. Mediation shall consist of an informal, non-binding conference or conferences between the parties and the judge-mediator jointly, then in separate caucuses wherein the judge will seek to guide the parties to a resolution of the case. If the parties cannot agree to a mutually acceptable member from the JAMS panel of retired judges, a list and resumes of available mediators with substantial experience in mediating claims of the type at issue between the parties, numbering one more than there are parties, will be sent to the parties, each of whom will strike one name leaving the remaining name as the mediator. If more than one name remains, JAMS arbitration administrator will choose a mediator from the remaining names. The mediation process shall continue until the case is Easement Deed – Town of Tiburon to MMWD 5 resolved or until such time as the mediator makes a finding that there is no possibility of resolution. GRANTOR: TOWN OF TIBURON Dated: _______________________ Signed: _________________________________ Greg Chanis Town Manager Witness: _________________________________ Benjamin Stock Town Attorney DISTRICT: MARIN MUNICIPAL WATER DISTRICT Dated: _______________________ By: _________________________________ Bennett Horenstein General Manager Attest: __________________________ Secretary Attachments: Exhibit A – Legal description Exhibit B – Record Map MMWD Seal: Easement Deed – Town of Tiburon to MMWD 6 Certificate of Acceptance THIS IS TO CERTIFY that the interest in the real property conveyed by the Easement Agreement, dated ____________, 20__ from ______________________________________to the MARIN MUNICIPAL WATER DISTRICT, a local public agency, was hereby accepted by order of the BOARD OF DIRECTORS of the MARIN MUNICIPAL WATER DISTRICT on _________________________, subject to the terms and conditions of said Easement Deed, and the MARIN MUNICIPAL WATER DISTRICT consents to the recordation thereof by its duly authorized Officer. DATED: _____________________ BY: _________________________________________ Stanley Graham, Real Property Agent Easement Deed – Town of Tiburon to MMWD 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of Marin On ______________________________________ before me, _____________________________, Notary Public, personally appeared ___________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ______________________________ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Easement Deed – Town of Tiburon to MMWD 8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of Marin On ______________________________________ before me, _____________________________, Notary Public, personally appeared ___________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ______________________________ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Easement Deed – Town of Tiburon to MMWD 9 Easement Deed – Town of Tiburon to MMWD 10 EXHIBIT A Legal Description Marin Municipal Water District Pipeline Easement Lands of the Town of Tiburon, APN 58-152-01, 60-061-15 Town of Tiburon, County of Marin, State of California Being nonexclusive easements for a municipal water pipeline and/or pipelines and access over a portion of the lands of the Town of Tiburon, said lands lying situate in the Town of Tiburon, County of Marin, State of California, said lands of the Town of Tiburon, being described in the Quitclaim Deed from the Northwestern Pacific Railroad Company, a Corporation, to the Town of Tiburon, a Municipal Corporation, recorded on January 12, 1971, and filed under Instrument No. 2429428-1971, Marin County Records, said lands of the Town of Tiburon also being shown as the former Northwestern Pacific Railroad right of way on the State of California (Caltrans) Record Map “R-143.12”, dated May, 1979, said nonexclusive easements for a municipal water pipeline and/or pipelines and access being described as follows: WLE-1 A 20-foot wide strip of land lying 10 feet on each side of the following described centerline: Beginning at the most easterly corner of lot 46, as lot 46 is shown on the map titled, “Lagoon Subdivision No. 7”, recorded on November 11, 1955, and filed in Volume 8 of Maps, at page 104, Marin County Records, said most easterly corner being at the intersection of the course North 53° 34’ 00” East, a distance of 110.88 feet, and the curve having a radius of 1402.7 feet, concave southwesterly, with an arc length of 70.02 feet, as shown on said map titled, “Lagoon Subdivision No. 7”; Thence, from said most easterly corner of said lot 46, and crossing the lands of the Town of Tiburon, North 53° 34’’ 00” East, a distance of 60.00 feet to terminate at the northerly line of said lands of the Town of Tiburon. Said Point of Termination, being a point hereinafter referred to as “Point A”. The sidelines of the above described 20-foot wide easement for a municipal water pipeline and/or pipelines and access, are to be lengthened or shortened to terminate at the southerly and northerly lines of lands of the Town of Tiburon. WLE-2 A 10-foot wide strip of land lying 10.00 feet southwesterly of the following described sideline: Commencing at a point on the northerly line of said lands of the Town of Tiburon, said point being referred to hereinabove as “Point A”: Thence, southeasterly along said northerly line of said lands of the Town of Tiburon, along a curve to the right, concave southwesterly, to which a radial line bears North 53° 53’ 49” East, having a radius of 1462.7 feet as shown on said map “State of California (Caltrans) Record Map “R-143.12”, dated May, 1979, an arc-length of 10.00 feet to the Point of Beginning; Thence, continuing along said curve to the right, concave southwesterly, an arc-length of 90.00 feet to the Point of Termination. Easement Deed – Town of Tiburon to MMWD 11 Bearings recited above are based on said map titled, “Lagoon Subdivision No. 7”. End of Legal Description Attached hereto is a plat (Exhibit B) to accompany Legal Description, and by this reference made a part hereof. This Legal Description was prepared by Lionel Keith Vincent: _____________________ PLS 8248 License Expires: 12/31/21 Easement Deed – Town of Tiburon to MMWD 12 EXHIBIT 2 MarinMap GIS Map Report This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. 720 © Latitude Geographics Group Ltd. 120.0 THIS MAP IS NOT TO BE USED FOR NAVIGATION 1: NAD_1983_HARN_StatePlane_California_III_FIPS_0403_Feet Feet120.0060.00 Notes Legend Condominium Common Area City Community Marin County Legal Boundary Other Bay Area County Ocean and Bay MMWD Easement Address Parcel Secured Stream - Perennial (NHD) Area (NHD) CanalDitch DamWeir Foreshore SeaOcean Spillway StreamRiver TOWN OF TIBURON PAGE 1 OF 3 STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Manager Subject: Adopt Resolution Establishing the Outdoor Flag Display Policy and Resolution Authorizing the Flying of the Rainbow Flag During the Month of June. Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY Council will consider adopting a policy that provides guidance and standards for the outdoor display of flags at Town facilities, including commemorative flags. Council will also consider adopting a Resolution declaring June as Lesbian, Gay, Bisexual, Transgender, Queer+ Pride Month and, pursuant to the Town’s Flag Policy, authorize the Rainbow Pride Flag to be flown on flagpoles located at Town facilities during the month of June. RECOMMENDED ACTION(S) Staff recommends the Town Council; 1. Adopt a Resolution establishing the standards and procedures for the display of flags at Town facilities; and 2. Adopt a Resolution proclaiming June as Lesbian, Gay, Bisexual, Transgender, Queer+ Pride Month and, pursuant to the Town’s Flag Policy, authorize the Rainbow Pride Flag to be flown on flagpoles located at Town facilities during the month of June. BACKGROUND Flag Policy Historically, the Town of Tiburon has displayed the United States and State of California flags at Town Hall and the Police Station. However, the Town does not have a policy regarding the display of these flags, or the display of any commemorative flags. Displaying commemorative flags at Town facilities can raise First Amendment Free Speech issues. This depends on whether the flag is treated as government speech or private speech on public property. Displaying commemorative flags at the request of a third party could invite First Amendment scrutiny for allowing private speech on public property. This could result in a town flagpole being deemed a “limited public forum” under the First Amendment, limiting the Town’s ability to choose what commemorative flags to display, except on a content-neutral basis. However, under the government speech doctrine, the Town may advance its own speech without requiring viewpoint TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting May 19, 2021 Agenda Item: CC-3 Town Council Meeting May 19, 2021 TOWN OF TIBURON PAGE 2 OF 3 neutrality when the government itself is the speaker, so long as the Town does not show religious preference or encourage a certain vote in an election. Staff recommends the Council consider adopting a Town Policy outlining the standards and procedures for the display of flags at Town facilities and has provided a Draft Resolution and Policy as Exhibit 1. The policy is structured in a manner that treats commemorative flags as government speech. The policy prohibits third-party requests for commemorative flag displays, however, it allows for the display of commemorative flags when the request is brought forth by a Town Council member and then authorized by the Town Council as an expression of the Council’s official sentiments. Council Request to Display Rainbow Pride Flag In response to a request from Councilmembers, Council is being asked to consider adopting a Resolution (Exhibit 2) proclaiming June as Lesbian, Gay, Bisexual, Transgender, Queer+ Pride Month and, pursuant to the Town’s Flag Policy, authorize the Rainbow Pride Flag to be flown on flagpoles located at Town facilities during the month of June. ANALYSIS No further analysis is provided. FINANCIAL IMPACT If Council directs staff to display the rainbow Pride Flag in June, there will be a minimal cost to acquire flags, estimated at approximately $100-150. CLIMATE IMPACT Staff has determined this action will have no direct climate impact to Tiburon. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council; 1. Adopt a Resolution establishing the standards and procedures for the display of flags at Town facilities (Exhibit 1); and 2. Adopt a Resolution proclaiming June as Lesbian, Gay, Bisexual, Transgender, Queer+Pride Month and, pursuant to the Town’s Flag Policy, authorize the Rainbow Town Council Meeting May 19, 2021 TOWN OF TIBURON PAGE 3 OF 3 Pride Flag to be flown on flagpoles located at Town facilities during the month of June (Exhibit 2). Exhibit(s): 1. Flag Policy Resolution 2. Pride Month -Rainbow Flag Resolution Prepared By: Greg Chanis, Town Manager EXHIBIT 1 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ESTABLISHING THE TOWN OF TIBURON OUTDOOR FLAG DISPLAY POLICY WHEREAS, the Town of Tiburon displays the United States Flag, the California State Flag and the Town of Tiburon flag at Town facilities; and WHEREAS, the Town of Tiburon does not have a policy regarding the display of such flags or the display of any commemorative flags; and WHEREAS, the Town desires to establish a policy that provides guidance and standards for the outdoor display of flags at Town facilities, including commemorative flags other than United States, California and Town flags. NOW, THEREFORE, BE IS RESOLVED, the Town Council of the Town of Tiburon hereby adopts Outdoor Flag Display Policy attached hereto as Exhibit A. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held this 19TH day of May 2021, by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: HOLLI THIER, MAYOR TOWN OF TIBURON ATTEST: LEA STEFANI, TOWN CLERK Exhibit A Attachment 1A – Exhibit A – Outdoor Flag Display Policy TOWN OF TIBURON OUTDOOR FLAG DISPLAY POLICY Background: The Town currently maintains 2 flagpoles at Town facilities. The first at Tiburon Town Hall, and the second at the Tiburon Police Station. Town Council desires to establish a policy regarding: (1) the outdoor display of the United States Flag, the California State Flag, and the Town of Tiburon Flag at Town facilities; and (2) the outdoor display of commemorative flags at Town facilities. In adopting this policy, the Town Council declares that the Town of Tiburon’s flagpoles are not intended to serve as a forum for free expression of the public, but rather for the display of Federal, State, and Town Flags, and any commemorative flag as may be . authorized by the Town Council as an expression of the Town Council's official sentiments. Purpose: The purpose of this policy is to provide procedural guidance for the outdoor display of flags at Town facilities. Nothing in this policy is intended to control the Town's indoor display of flags, including commemorative flags, within Town facilities. Policy: I. Standards Flags shall be displayed in accordance with Federal and State statutes, including, but not limited to, Title 4, Chapter 1 of the United States Code and Sections 430 through 439 of the California Government Code, and this policy. II. Procedure A. United States Flag, California State Flag, and Town of Tiburon Flag 1. No other flag shall be placed above the United States Flag and no other flag shall be larger than the United States Flag. Other flags may be flown at the same height and in the same size, in accordance with this policy. Where both the United States and the California State Flags are flown, they shall be of the same size. 2. Flags should be hoisted briskly and lowered ceremoniously. The United States Flag should be hoisted first and lowered last. 3. Flags shall be displayed during operating hours and on all days on which the Town of Tiburon is open for business, and on national and state holidays. Flags may be displayed twenty-four (24) hours a day as long as they are illuminated during darkness. 4. Flags shall not be displayed during inclement weather. However, all weather flags may be displayed twenty-four (24) hours a day if they are illuminated during darkness. 5. When flags are displayed on a single pole, the order from top to bottom shall be: The Exhibit A Attachment 1A – Exhibit A – Outdoor Flag Display Policy United States Flag, the California State Flag, and if displayed, the Town of Tiburon flag. 6. When the flags are flown from adjacent flag poles, the United States Flag shall be flown at the highest point of honor, which is the furthest point to the left from the standpoint of the observer (“the flag’s right”). The California State Flag shall be placed in the second position of honor. The Town of Tiburon flag, if displayed, shall be placed in the third position of honor. 7. The United States Flag and the State of California Flag shall be flown at Tiburon Town Hall and at the Tiburon Police Station. The Town of Tiburon Flag may be flown at either location. B. Commemorative Flags 1. The Town’s flagpoles are not intended to serve as a forum for free expression by the public. The Town shall display commemorative flags only if authorized by the Town Council as an expression of the Town’s official sentiments. Any such authorization shall be given at a duly noticed meeting of the Town Council. i. The Town Council shall only consider a request to display a commemorative flag if the request is made by a member of the Tiburon Town Council. 2. Commemorative flags shall be displayed for a period of time that is reasonable or customary for the subject that is to be commemorated, but no longer than thirty-one (31) continuous days. 3. Commemorative flags displayed on any of the Town’s flagpoles shall be displayed in the last position of honor beneath the Town of Tiburon Flag, unless otherwise directed by the Town Council and to the extent such display does not conflict with federal law, state law, or this policy. EXHIBIT 2 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON PROCLAIMING JUNE 2021 AS LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER+ PRIDE MONTH IN THE TOWN OF TIBURON AND AUTHORIZING THE RAINBOW PRIDE FLAG TO BE FLOWN ON TOWN BUILDINGS DURING THE MONTH OF JUNE WHEREAS, the Town of Tiburon has a diverse LGBTQ+ community and is committed to supporting visibility, dignity, and equity for all people in the community; and WHEREAS, in honor of the 1969 Stonewall Uprising in Manhattan, June has become a symbolic month in which the LGBTQ+ community and their supporters come together in various celebrations of pride, with cities and towns across the country recognizing and celebrating June as LGBTQ+ Pride Month; and WHEREAS, LGBTQ+ people make vital contributions to and enhance the social and economic fabric of the Town of Tiburon; and WHEREAS, The Town of Tiburon has adopted a policy regarding the display of commemorative flags on town property which allows individual councilmembers to request that commemorative flags be displayed or flown as a means of reflecting the Town’s viewpoint; and WHEREAS, The Rainbow Flag has been recognized since the 1970s as a symbol of LGBTQ+ pride; and WHEREAS, members of the Town Council of the Town of Tiburon have requested that the Town Council approve the flying of the Rainbow Flag for the month of June to further symbolize the Town’s viewpoint in celebrating the diversity the diversity of and support for the LGBTQ+ community. NOW, THEREFORE, BE IS RESOLVED, that the Town Council of the Town of Tiburon hereby proclaims June 2021 as Lesbian, Gay, Bisexual, Transgender, Queer+ (LGBTQ+) Pride Month in Tiburon to inspire equity, create alliances, celebrate diversity, and establish safe environments in our schools and community. BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon directs Town staff to fly the Rainbow Pride Flag on Town facilities for the entire month of June 2021. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held this 19TH day of May 2021, by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: HOLLI THIER, MAYOR TOWN OF TIBURON ATTEST: LEA STEFANI, TOWN CLERK TOWN OF TIBURON PAGE 1 OF 3 STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Manager Subject: Update on the 2020 Slow Streets Program and Direction to Staff Regarding Continuing the Program in 2021. Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY Council will receive a brief review of Town actions related to business assistance related to COVID restrictions, including the implementation of the 2020 Slow Streets program. Council may direct staff with regards to their interest in authorizing a similar program in 2021. RECOMMENDED ACTION(S) Staff recommends that the Town Council: Receive the Staff Report and any Public Comment, and, 1. If Council wishes to authorize a Slow Street program in 2021, direct staff to return to Council with a Resolution authorizing the program and provide staff direction as to the days and times the program would be implemented. BACKGROUND In Spring /Summer 2020, the Town Council took a number of actions to assist businesses in downtown Tiburon affected by the numerous restrictions associated with the COVID pandemic. These actions included: • At a special meeting of the Town Council on April 15, 2021, Council appointed Councilmembers Kulik and Ryan to participate on the Chamber sponsored COVID-19 Small Business Relief Task Force (Task Force). The purpose of the Task Force is to study and develop short and long-term strategies to improve the business environment in Tiburon as we emerge from the COVID-19 pandemic. • On June 3, 2020, the Council adopted Resolution No. 18-2020 (Exhibit 1) authorizing certain businesses to operate outside. The Resolution required all businesses operating outside to remain in full compliance with all State and County orders, including social TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting May 19, 2021 Agenda Item: AI-1 Town Council Meeting May 19, 2021 TOWN OF TIBURON PAGE 2 OF 3 distancing requirements. The Resolution also facilitated the reopening of businesses in a manner that is consistent with social distancing requirements by allowing businesses to submit an application to enter into a temporary encroachment agreement with the Town. The encroachment agreement ensures that the use of outdoor spaces do not impede traffic flow, create fire hazards or interfere with public access. • On June 17, 2020, Council adopted Resolution 27-2020 (Exhibit 2), amending Resolution No. 18-2020 to authorize the Town Manager to temporarily close Main Street to vehicular traffic on summer weekends through September 8, 2020 to further enable Main Street businesses to open and operate in compliance with social distancing requirements on the weekends. This program is commonly referred to as Slow Streets. • On August 19, 2020, Council adopted Resolution No, 39-2020 (Exhibit 3), amending Resolution No. 27-2020 to authorize the Town Manger to extend the weekend street closure through October 31, 2020. Most other communities in Marin adopted similar programs, which were generally well received. With warmer weather returning, many of these communities have, or are currently discussing renewing the programs in 2021. In March 2021, members of the Task Force discussed the continuation of the Slow Streets program and determined it would make sense to conduct surveys of both businesses and residents to gauge the community’s interest in continuing the program in 2021. In March 2021, the Chamber conducted a survey of businesses. A copy of the survey form is attached as Exhibit 4, and a summary results from the survey are attached as Exhibit 5. Regarding surveying residents, on April 13, 2021, a 3-question survey was published in the Town’s Tiburon Talk newsletter, with the results attached as Exhibit 6. With respect to the business survey results, based on recent written public comment received by the Town, it appears some of the respondents may have changed their minds regarding their initial responses to the survey. All correspondence received by the Town prior to final posting the agenda is attached as Exhibit 7. Any comments received after posting the agenda will be provided to Council as Late Mail. The purpose of the item today is to provide Council an opportunity to discuss the Slow Streets program and provide staff any direction with regards to continuing the program in 2021. ANALYSIS No further analysis is provided. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town. CLIMATE IMPACT Staff has determined this action will have no direct climate impact to Tiburon. ENVIRONMENTAL REVIEW Town Council Meeting May 19, 2021 TOWN OF TIBURON PAGE 3 OF 3 Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council: Receive the Staff Report and any Public Comment, and, If Council wishes to authorize a Slow Street program in 2021, direct staff to return to Council with a Resolution authorizing the program and provide staff direction as to the days and times the program would be implemented. Exhibit(s): 1. Resolution No. 18-2020 2. Resolution No. 27-2020 3. Resolution No. 39-2020 4. Merchant Survey Form 5. Merchant Survey Results Summary 6. Community Survey and Results 7. Correspondence Received Prepared By: Greg Chanis, Town Manager EXHIBIT 1 Page 1 of 9 Town Council Resolution No. 18-2020 06/03/2020 RESOLUTION NO. 18-2020 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REGARDING OUTDOOR ACTIVITIES AND ENCROACHMENTS BY BUSINESSES OPERATING IN COMPLIANCE WITH SOCIAL DISTANCING REQUIREMENTS WHEREAS, California Government Code Section 8630 empowers the Town Council to proclaim the existence or threatened existence of a Local Emergency when the Town is affected or likely to be affected by a public calamity; and, WHEREAS, on March 16, 2020, the Director of Emergency Services declared the existence of a Local Emergency, which Local Emergency has been ratified by the Town Council; and, WHEREAS, the Town Council does hereby find that conditions of extreme peril and a crippling disaster, which severely impairs the safety of persons or property, have arisen within the Town caused by the virus COVID-19 and its rapid transmission as reported by various local, state and national health organizations; and, WHEREAS, the aforesaid conditions of extreme peril warranted and necessitated the proclamation of the existence of a Local Emergency; and WHEREAS, on March 17, 2020, the Marin County Health Official issued a shelter in place order to all non-essential activities, limiting individuals ability to leave their home; and WHEREAS, on March 19, 2020, the Governor of the State of California (“Governor”) issued Executive Order N-33-20, which provides that individuals living in the State of California are required to stay at home except as needed to maintain continuity of operations of the critical infrastructure sectors; and WHEREAS, under authority contained in Sections 8610 and 8634 of the Government Code and Tiburon Municipal Code Section 21-5(a)(6)(a), the Town Council and the Town Manager are empowered to make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by the emergency; and WHEREAS, in mid-May 2020, the Governor of the State of California and the California Department of Public Health published guidance regarding the opening of certain businesses subject to stages established by the State; and WHEREAS, the Town has an important governmental interest in maintaining a thriving business community and protecting the health, safety, and economic welfare of its citizens and businesses; and WHEREAS, in order to protect the health and safety of the Town, while fostering economic wellbeing of the Town’s citizens and businesses, the Town wishes to assist both Page 2 of 9 Town Council Resolution No. 18-2020 06/03/2020 essential and non-essential businesses in remaining open, or re-opening when lawfully permitted to do so; and WHEREAS, when non-essential businesses are permitted to re-open pursuant to State and County orders, laws, and/or guidance, the Town will suspend certain permit and license requirements in order to facilitate business operations in a manner that is consistent with social distancing requirements, and protects the health and safety of the citizens of Tiburon; and WHEREAS, in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, it is necessary to issue and implement this Resolution to protect life, property and civil order. NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF TIBURON DOES HEREBY ORDER AS FOLLOWS: SECTION 1. Outdoor Activities Permitted. To facilitate the reopening of businesses in a manner that is consistent with State and local social distancing requirements, Town of Tiburon laws, regulations and/or policies that would otherwise prohibit businesses from engaging in their business activities outside are hereby suspended. SECTION 2. Eligible Businesses. Only those businesses that require outdoor space in order to effectively run their business while complying with State and local social distancing requirements are eligible to operate pursuant to this Resolution. Nothing in this Resolution shall authorize a particular business to operate outside unless and until that business is authorized to operate pursuant to State and County Orders. All businesses must be in full compliance with all State and County Orders regarding reopening and operation in order to comply with this Resolution. SECTION 3. Temporary COVID-19 Outdoor Activities and Encroachment Agreement. To be eligible to engage in outdoor activities pursuant to this Resolution, businesses shall be required to enter into a Temporary COVID-19 Outdoor Activities and Encroachment Agreement (hereinafter the “Outdoor Activities Agreement”) attached hereto and incorporated herein by reference. The Director of Emergency Services (hereainafter the “Director”) or his designee shall be authorized to enter into an Outdoor Activities Agreement with the applicant and shall be entitled to seek the review of any Town staff regarding any and all site-specific considerations related to the proposed outdoor activities. The Director may choose to enter into an Outdoor Activities Agreement on any terms he deems necessary, including but not limited to modifications to the proposed location of outdoor activities, to ensure ongoing protection of the public health and safety of the Town. The Town shall only enter into an Outdoor Activities Agreement that authorizes activities which are consistent with State and County orders regarding the operation of businesses during the the COVID-19 state of emergency. Page 3 of 9 Town Council Resolution No. 18-2020 06/03/2020 SECTION 4. Encroachment Into Public Right-of-Way. To streamline the issuance of temporary rights of encroachment into the public right-of-way, the Town hereby amends its encroachment permit requirements as follows: 1. The following requirements set forth in Tiburon Municipal Code Chapter 19 regarding encroachment permits shall not apply to businesses seeking to encroach into the public right-of-way for purposes of conducting business in compliance with State and local social distancing requirements: TMC §§ 19-2, 19-3, 19-4, 19-5, 19-7, 19-8, and 19-9. 2. The requirements set forth in Tiburon Municipal Code Chapter 19A regarding use of public right-of-way shall not apply to businesses seeking to encroach into the public right-of-way for purposes of conducting business in compliance with State and local social distancing requirements. 3. Businesses seeking to encroach into the public right-of-way for purposes of conducting business in compliance with State and local social distancing requirements, shall execute an Outdoor Activities Agreement in lieu of obtaining encroachment permits and right-of-way agreements required by TMC Chapters 19 and 19A. SECTION 5. No Interference with Private Property. Nothing in this Order relieves a business from any obligations or laws requiring consent of adjacent property owners for use of private property. Businesses seeking to operate outdoors shall obtain consent of any private property owners whose property will be used for outdoor operations. SECTION 6. Building Permit and Review of Construction Documents Required. Nothing in this Resolution relieves a business from the requirement to obtain a building permit for outdoor activities if a building permit would otherwise be required, nor does this Resolution relieve a business from complying with all provisions of the Building Code, including but not limited to, maximum occupancy requirements. SECTION 7. County Permits. Nothing in this Resolution relieves a business from the requirement to obtain any and all County permits regarding the provision of food and dining services. SECTION 8. Violations of Resolution. Any violation of this Resolution or any other local, State, or Federal law shall constitute an imminent threat to the public health and is hereby declared to be a public nuisance and shall be subject to enforcement as such; violations of this Resolution may result in the immediate termination of an Outdoor Activities Agreement and the cessation of any activities authorized by said Agreement and this Resolution. SECTION 9. Effective Date of Resolution. This Resolution shall become effective on the date signed by the Mayor for the Town of Tiburon and shall expire when repealed or upon a declared termination of the state of emergency regarding COVID-19 by the Tiburon Town Council. This Resolution shall only apply to the extent businesses are authorized to operate pursuant to State and County orders regarding COVID-19. SECTION 10. The Town Clerk shall certify the adoption of this Resolution and shall cause a certified Resolution to be filed in the Office of the Town Clerk. Page 4 of 9 Town Council Resolution No. 18-2020 06/03/2020 PASSED and ADOPTED this 3rd day of June 2020. ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: LEA STEFANI, TOWN CLERK Approved as to Form: Benjamin Stock, Town Attorney Page 5 of 9 Town Council Resolution No. 18-2020 06/03/2020 TEMPORARY COVID-19 OUTDOOR ACTIVITIES AND ENCROACHMENT AGREEMENT 1. Business Identification Business Name (Permittee): Mailing Address: Business Address: Business Phone: Business Email: 2. Type of Business [Check one] Restaurant Retail Other Please Describe 3. Proposed Encroachment [Check one or more if Business Proposes to Use Public Right-of-Way for Outdoor Activities] Outdoor Dining Outdoor Food Sales Outdoor Retail Display Outdoor Retail Sales Other Please Describe 4. Will proposed outdoor activity require the use of private property not owned or leased by Permitee? Yes No If response to above question is yes, has Permitee obtained all required authorizations (including but not limited to written agreements, licenses, and/or leases) to use said private property? Yes No 5. Proposed Activities. Please provide the following information on separate attachment: (1) a description of the Business, (2) proposed outdoor activities, (3) a description of all improvements, structures and/or materials to be used to facilitate outdoor activities, (4) description of area in which proposed outdoor activities will take place along with a drawing, map or other visual depication showing said area, improvements, structures and/or materials to be placed in said area. 6. Requested Start Date of Outdoor Activities: 7. Proposed Duration of Outdoor Activities: 8. Amendments to Proposal by Town and/or Additional Terms of Agreement [To be Completed by Town]: 9. Terms of Agreement: Page 6 of 9 Town Council Resolution No. 18-2020 06/03/2020 A. Permittee agrees to accept all responsibility for loss or damage to any person or entity and to indemnify, hold harmless, and defend and release the Town of Tiburon, its agents, and employees from and against any and all liability actions, claims, damages, costs, or expenses which may be asserted by any person or entity, including Permittee, arising out of or in connection with the willful act or negligence of Permittee engaging in the activities associated with this Agreement, whether or not there is concurrent negligence on the part of the Town, but excluding liability due to the sole active negligence or sole willful misconduct of the Town. B. The Town reserves the right to order the removal or relocation of the improvements listed in paragraphs 3-6, above, at Permitee’s cost in the event same is required by the Town and/or a Utility. Whether or not said removal or relocation is required shall be left to the unfettered discretion of the Town and/or a Utility. Permitee hereby grants to the Town the right to remove or relocate said improvements and to come upon Permitee’s land to effect said removal or relocation if deemed necessary by the Town and/or a Utility. Permitee waives any claim or right he/she/it may have for inverse condemnation, damages, or loss of income or business resulting from said removal. However, the Town will be responsible for repairing any physical damage caused to Permitee’s structure(s) or property by the Town’s but not a Utility’s removal or relocation of said improvements. Upon removal or relocation of said improvements, all rights of Permitee under this agreement and the permit itself shall terminate. C. Permitee shall comply with all applicable local, State, and Federal laws and regulations at all times during the effective period of this agreement, including but not limited to laws regarding the obstruction of vehicular traffic, the Americans with Disabilities Act and County health laws regarding provision of food services. D. If Permitee’s proposed activities encroach into public right-of-way and/or a public easement, Permitee shall procure and maintain for the duration of this Agreement, and furnish proof of along with this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with this Agreement, as set forth in this section. The cost of such insurance shall be borne by Permitee. Permitee’s whose activities do not encroach into public right-of-way and/or a public easement, shall not be required to obtain said insurance. Minimum Scope of Insurance. Permittee shall obtain and all times during duration of this Outdoor Activities Agreement maintain coverage at least as broad as: (a) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (b) Workers’ Compensation insurance as required by the State of California and Employer’s Liability insurance (for Permitees with employees). (c) Property insurance against all risks of loss to any tenant improvements or betterments. Page 7 of 9 Town Council Resolution No. 18-2020 06/03/2020 Permitee shall maintain limits no less than: (a) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (b) Employer’s Liability: $1,000,000 per accident for bodily injury or disease. (c) Property Insurance: Full replacement cost with no coinsurance penalty provision. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Town. At the option of the Town, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Town, its officers, officials, employees and volunteers; or the Permitee shall provide a financial guarantee satisfactory to the Town guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability policy is to contain, or be endorsed to contain, the following provisions: (a) The Town, its officers, officials, employees and volunteers are to be covered as insureds with respect to liability arising out of ownership, maintenance or use of the premises/property owned by or leased to the Permitee. (b) The Permitee’s insurance coverage shall be primary insurance as respects the Town, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the Town, its officers, officials, employees or volunteers shall be excess of the Permitee’s insurance and shall not contribute with it. (c) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the Town. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII unless prior approval is received from the Town Attorney. E. If Permitee proposes to sell or serve alcohol as a part of its outdoor activities, Permitee shall furnish, along with this Agreement, proof of a liquor liability coverage endorsement or policy. Page 8 of 9 Town Council Resolution No. 18-2020 06/03/2020 F. Violation of Agreement. Any violation of this Agreement or any other local, State, or Federal law shall constitute an imminent threat to the public health and is hereby declared to be a public nuisance and shall be subject to enforcement as such; violations of this Agreement and/or Resolution No. _____may result in the immediate termination of this Agreement and the cessation of any activities authorized by this Agreement and Emergency Order No.____. G. No Vested or Ongoing Rights Conferred. Permittee understands and agrees that this Agreement and Resolution No. _____ confer no vested rights to any ongoing or continued activities, and any and all activities authorized by this Agreement and Resolution are temporary in nature and granted solely to enable businesses to operate in compliance with State and local orders regarding social distancing and COVID-19. All improvements, structures and installments approved pursuant to this Agreement shall be removed in their entirety upon expiration of this Agreement. The Agreement shall expire on the date proposed by permitee in section 7 of this Agreement, or if the City Manager has amended the date in section 7, the Agreement shall expire on the amended date. H. Non-Transferable. This Agreement is non-transferable. Only the permittee with whom this Agreement was entered shall be permitted to engage in the activities authorized herein. I. Entire Agreement. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations of modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged and duly recorded. THE UNDERSIGNED AGREES THAT THE PROPOSED ACTIVITIES DESCRIBED ABOVE SHALL BE IN ACCORDANCE WITH AND SUBJECT TO THIS AGREEMENT'S TERMS AND CONDITIONS, TOWN OF TIBURON RESOLUTION NO. , AND ALL OTHER APPLICABLE LOCAL, STATE AND FEDERAL LAWS, INCLUDING BUT NOT LIMITED TO STATE AND COUNTY EMERGENCY ORDERS REGARDING THE COVID-19 PANDEMIC. Permitee Date Greg Chanis Date Town Manager Director of Emergency Services Town of Tiburon Page 9 of 9 Town Council Resolution No. 18-2020 06/03/2020 CONSENT TO USE PRIVATE PROPERTY FOR TEMPORARY OUTDOOR ACTIVITIES [This form must be completed if proposed outdoor activity requires the use of private property which is neither owned nor leased by Permitee] I, , declare that: 1.I am the record title owner of the property located at: , Tiburon, California, (Physical Address) 2. I am aware that the Permitee (Business name) is in the process of entering into a Temporary COVID-19 Outdoor Activities and Encroachment Agreement with the Town of Tiburon to use my property, described in paragraph 1, for certain outdoor activities described in the Agreement. 3. I consent and agree to use of my property for the outdoor activities described in the Agreement. Signed this day of , 20 (Landowner Signature) EXHIBIT 2 EXHIBIT 3 Page 1 of 3 Town Council Resolution No. 39-2020 08/19/2020 RESOLUTION NO. 39-2020 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REGARDING OUTDOOR ACTIVITIES AND ENCROACHMENTS BY BUSINESSES OPERATING IN COMPLIANCE WITH SOCIAL DISTANCING REQUIREMENTS WHEREAS, California Government Code Section 8630 empowers the Town Council to proclaim the existence or threatened existence of a Local Emergency when the Town is affected or likely to be affected by a public calamity; and, WHEREAS, on March 16, 2020, the Director of Emergency Services declared the existence of a Local Emergency, which Local Emergency has been ratified by the Town Council; and, WHEREAS, the Town Council does hereby find that conditions of extreme peril and a crippling disaster, which severely impairs the safety of persons or property, have arisen within the Town caused by the virus COVID-19 and its rapid transmission as reported by various local, state and national health organizations; and, WHEREAS, the aforesaid conditions of extreme peril warranted and necessitated the proclamation of the existence of a Local Emergency; and WHEREAS, on March 17, 2020, the Marin County Health Official issued a shelter in place order to all non-essential activities, limiting individuals ability to leave their home; and WHEREAS, on March 19, 2020, the Governor of the State of California (“Governor”) issued Executive Order N-33-20, which provides that individuals living in the State of California are required to stay at home except as needed to maintain continuity of operations of the critical infrastructure sectors; and WHEREAS, under authority contained in Sections 8610 and 8634 of the Government Code and Tiburon Municipal Code Section 21-5(a)(6)(a), the Town Council and the Town Manager are empowered to make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by the emergency; and WHEREAS, in mid-May 2020, the Governor of the State of California and the California Department of Public Health published guidance regarding the opening of certain businesses subject to stages established by the State; and WHEREAS, the Town has an important governmental interest in maintaining a thriving business community and protecting the health, safety, and economic welfare of its citizens and businesses; and WHEREAS, in order to protect the health and safety of the Town, while fostering economic wellbeing of the Town’s citizens and businesses, the Town wishes to assist both essential and non-essential businesses in remaining open, or re-opening when lawfully permitted to do so; and Page 2 of 3 Town Council Resolution No. 39-2020 08/19/2020 WHEREAS, when non-essential businesses are permitted to re-open pursuant to State and County orders, laws, and/or guidance, the Town will suspend certain permit and license requirements in order to facilitate business operations in a manner that is consistent with social distancing requirements, and protects the health and safety of the citizens of Tiburon; and WHEREAS, in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, on June 17, 2020 the Town enacted Resolution No. 27-2020, finding that it was necessary to issue and implement the Resolution No. 27-2020 to protect life, property and civil order; and WHEREAS, Section 7 of Resolution No. 27-2020provided authority to the Town Manger for street closures on Main Street, in furtherance of the goals of Resolution No. 27-2020, with such authority ending on September 8, 2020; and WHEREAS, the Town Council desires to extend the authority for the Town Manager to continue permitting street closures on Main Street until October 31, 2020. NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF TIBURON DOES HEREBY ORDER AS FOLLOWS: 1) Section 7 of Resolution No. 27-2020 is hereby extended to authorize the Town Manager, without further Town Council approval, to grant approvals to close all or portions of Main Street up to three days per week from September 9, 2020, until October 31, 2020, upon a finding as required by California Vehicle Code Section 21101(e) that the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing. Inside the street closure area, members of the public shall wear a face covering unless they are dining, in which case they will comply with the County’s face covering order. 2) Except as to extending the date for street closures in Section 7, all the previous provisions of Resolution 27-2020 shall remain in full force and effect. 3) This Resolution shall become effective on the date signed by the Mayor for the Town of Tiburon and shall expire when repealed or upon a declared termination of the state of emergency regarding COVID-19 by the Tiburon Town Council. 4) The Town Clerk shall certify the adoption of this Resolution and shall cause a certified Resolution to be filed in the Office of the Town Clerk. PASSED and ADOPTED this 19th day of August 2020. /s/ ALICE FREDERICKS, MAYOR TOWN OF TIBURON Page 3 of 3 Town Council Resolution No. 39-2020 08/19/2020 ATTEST: /s/ LEA STEFANI, TOWN CLERK Approved as to Form: /s/ Benjamin Stock, Town Attorney EXHIBIT 4 5/14/21, 8:24 AMLower Main Street 2021 Closure - Merchant Survey Page 1 of 4https://docs.google.com/forms/d/13UNyNyr9pMvaryVZx-L9-5TKQcar0DpPCvaeX0y64VE/printform 1.Email * 2. Lower Main Street 2021 Closure - Merchant Survey The Town of Tiburon Slow Street Program was implemented in the summer of 2020 to create an outdoor public space for physical distanced activities for all residents and visitors. The "Slow Street" involved closing lower Main Street from the intersection of Main Street and Tiburon Boulevard to the roundabout before Corinthian Yacht Club. The Town placed soft closure barriers at either end of lower Main Street to stop vehicular traCc from Friday afternoon through early Monday morning every weekend from June through October of 2020. On the Slow Street weekends, lower Main Street was open ONLY to pedestrians for walking, dining and shopping. Slow Street closures were implemented throughout the Bay Area by cities and towns in support of local business during the pandemic. The Town is evaluating a similar Slow Street closure in 2021. As a merchant directly impacted by the Slow Street, we kindly ask you to complete this short survey. Your input matters! Thank you for taking the time to take the survey. * Required Business Name, Name of Person Completing the Questionnaire and Business Address * 5/14/21, 8:24 AMLower Main Street 2021 Closure - Merchant Survey Page 2 of 4https://docs.google.com/forms/d/13UNyNyr9pMvaryVZx-L9-5TKQcar0DpPCvaeX0y64VE/printform 3. Mark only one oval. less than 12 months 1 - 5 years 5+ years 4. Mark only one oval. Decrease in Business No Business Impact Increase in Business 5. Mark only one oval. YES NO No Opinion How long have you had a business downtown? How was your business impacted by the slow street closure in the summer of 2020? Would you suppo! a lower Main Street closure in 2021? Street closure would begin weekly Friday a"ernoon through 6 am on Monday morning during the months of May - October. 5/14/21, 8:24 AMLower Main Street 2021 Closure - Merchant Survey Page 3 of 4https://docs.google.com/forms/d/13UNyNyr9pMvaryVZx-L9-5TKQcar0DpPCvaeX0y64VE/printform 6. Mark only one oval. YES. Limited to ONLY 5 weekends Friday afternoon through Monday at 6 am. Last weekend of the month during June - October. YES. Every weekend STARTING SATURDAY through Monday morning at 6am during the months of June - October. No 7. This content is neither created nor endorsed by Google. If you answered NO to the above question, would you suppo! a limited weekend closure of lower Main Street in 2021? Please provide any additional information you would like to share. Forms 5/14/21, 8:24 AMLower Main Street 2021 Closure - Merchant Survey Page 4 of 4https://docs.google.com/forms/d/13UNyNyr9pMvaryVZx-L9-5TKQcar0DpPCvaeX0y64VE/printform EXHIBIT 5 EXHIBIT 6 EXHIBIT 7 From:Thomas Bauch To:Alice Fredericks; kulik1@me.com; David Kulik; Jon Welner; Holli Thier; Jack Ryan; Lea Stefani; Town Cc:Tom Bauch; Office at Zelinsky Properties Subject:Street closure Date:Wednesday, May 12, 2021 11:37:47 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. I have maintained an office at 112 Main Street in Tiburon for over years and have lived on Corinthian Island in the same house with my family for over 40 years. In that time I have watched the slow and steady decline in the retailinfrastructure in Tiburon from a relatively vibrant and diverse set of stores, retail shops, gas stations, a familydrugstore, 5& Dime, bookstore,and restaurants to a tourist trinket main street and only CVS as a source for basicthings. The proposed closure is one more example of killing the community. 22 WEEKENDS in the prime touristand local walking season. What are you thinking? The Zelinsky Properties suggestion of 6 weekends is sensible. Tom Bauch415 272 5336 From:Greg Chanis To:Lea Stefani Subject:FW: Potential Closure of Lower Main Street for 22 weeks Date:Friday, May 14, 2021 12:34:47 PM Greg Chanis, Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 / (415) 435-7383 From: Karen Beale <karen@trinityhousepaintings.com> Sent: Thursday, May 13, 2021 10:36 AM To: Alice Fredericks <alice@alicefredericks.net>; kulik1@me.com; David Kulik <kulik.tiburon@gmail.com>; Jon Welner <jwelner@townoftiburon.org>; Holli Thier <hollithiertiburontowncouncil@gmail.com>; Jack Ryan <jryan@townoftiburon.org>; Lea Stefani <lstefani@townoftiburon.org>; Town <town@townoftiburon.org>; Alice Fredericks <afredericks@townoftiburon.org> Subject: Potential Closure of Lower Main Street for 22 weeks CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Town Council members As someone who runs Trinity House Paintings Fine Art business on Ark Row I cannot support the idea of having 22 weeks of Street closures on Lower Main Street as it impacts most of the small businesses on Ark Row and mine specificallyin the following ways: 1) Reduction in foot traffic - closing lower main street & erecting barriers defers foot traffic on Ark Row which harms many us small businesses - some of the businesses see a direct loss of revenue and we experience a loss in visitors who invariably results in loss of future potential clients. 2) Survey - I personally did not see a survey asking about closing the road for 22 weeks - can someone show me where all of the businesses on Ark Row and Main Street have been consulted about their opinion on that exact question? I did see a general survey a few weeks ago which seemed to pertain to helping restaurants who were unable to operate at capacity and as that is no longer an issue I am unsure why that survey is interpreted as supporting closing off half the downtown for half a year. 3) Additional traffic & safety issues - There are many safety issues with narrow Ark Row handling all of downtown traffic - there are additional lines backing up the street adding to the disruption of potential shoppers. Some potential clients tell us that they cannot come downtown to Ark Row when the other road is closed as the traffic situation is so difficult. My business depends on events and exhibitions - I am only now able to hold these and this typically brings 50-100 more people into town. I have planned an event for June 12th / mid July & mid August. When there is only 1 way into the Main Street Lot - the congestion and inconvenience is off putting to potential Guests and shoppers & my Guests are less inclined to attend when so inconvenienced. 4) Anti inclusivity - The whole plan seems to exclude helping businesses - barriers at end of Lower Main act as deterrents for people to visit Ark Row - Not all downtown businesses will be treated equally if access to many of them is blocked for almost half a year!!!! 5) The Waters Edge Hotel trade is disrupted - Guests are unable to offload luggage & noise levels increase. This is one of two hotels downtown and we need them to thrive to help bring in tourism and repeat customers & I often have my clients attending events stay at Waters Edge - these are typically high profile people who do not want to have to walk across town with their luggage when checking in on a Friday afternoon. 6) Impact to the 2 restaurants on Ark Row - who rely on walk through trade - Why would the town allow their businesses to be inconvenienced whilst giving extra help to restaurants on the next road? Other Marin County Towns support all of their small businesses and we would ask that the council consider an alternative approach? I would support a proposal to have 6 weekends closures of lower Main Street (following the Friday Nights on Main schedule)- June 18-20, June 25-27, July 30-August 1, August 27-29, September 24- 26, October 29-31. I believe this gives all of the downtown retailers a chance to make the most out the passing trade this summer but not 22 weeks. Kind Regards Karen Beale (82 Main Street) Karen Beale San Francisco | +1 415 250 2597 | www.trinityhousepaintings.com Trinity House Paintings Head Office San Francisco London New York 20 High Street 82 Main Street 50 Maddox Street 24 East 64th St Broadway Tiburon Belvedere London New York NY WR12 7DT CA 94920 W1S 1AY 10065 From:Greg Chanis To:Lea Stefani Subject:FW: Slow Streets on Main Date:Friday, May 14, 2021 12:51:29 PM And another Greg Chanis, Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 / (415) 435-7383 From: Erinne Mickle <emickle@acventures.com> Sent: Wednesday, May 5, 2021 12:37 PM To: Town <town@townoftiburon.org> Subject: Slow Streets on Main CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello – I’m inquiring on when we will have Slow Streets on Main starting up again? All our tenants on Main (as well as Tiburon Blvd) are super excited to kick this off and enjoy shopping and eating at the wonderful restaurants and shops along Main Street. Please let me know. I will pass it on to the A&C Ventures Team as well. Thank you, Erinne Erinne Mickle |Asset Manager 465 First Street West 2nd Floor, Sonoma CA 95476 Cell 415.497.6977 emickle@acventures.com | www.acventures.com From:Greg Chanis To:Lea Stefani Subject:FW: Slow Streets Date:Friday, May 14, 2021 12:50:48 PM Another one! Greg Chanis, Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 / (415) 435-7383 -----Original Message----- From: Lisa Lori <lisalori@theperfectprovenance.com> Sent: Thursday, May 6, 2021 11:16 AM To: Town <town@townoftiburon.org> Subject: Slow Streets CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello: just wanted to write and give my support got slow streets for a couple fo reasons — as a business owner on Main Street I think it is a very nice draw for the merchants and restaurants and gives a festive and family atmosphere to our town — we run into people in our community, there is laughter and kids. It connects us all in a nice way on the weekends. Every city and town in America is already doing this or considering because it is a very happy and joyful experience to be outside and enjoy the open air. 2) the traffic gets very congested and lots of people walking in the streets I think it is dangerous to have people and cars in a small space people race down that street cars block off the way etc Finally, it expands the ability of restaurants to seat more people and people to linger around the shops and it draws them in. We really support this and hope that we can follow other communities in this powerful return to community celebration. In Italy or France or England the town square in the heart of a village and I believe Main street can be that for us. Thank you! Lisa Lori Sent from my iPhone From:Greg Chanis To:Lea Stefani Subject:FW: Updated information for Slow Streets Date:Friday, May 14, 2021 12:33:29 PM Greg Chanis, Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 / (415) 435-7383 From: Petra Bergstein <petra@thecaviarco.com> Sent: Thursday, May 13, 2021 5:29 PM To: Town <town@townoftiburon.org> Subject: Updated information for Slow Streets CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Council Members, I hope my note finds you well. I am the owner of the new caviar & champagne bar on Main Street. I am inquiring on the status of Slow Streets and when we might know if it will/will notpass. At the moment, there are extra long shipping delays for items such as outdoor furniture and supplies. If the item gets passed, we'll need as much notice as possiblein order to prepare so that we can be ready for the change. We have also had an exceptional number of positive feedback and requests to the idea of closing the street for additional seating during the weekends. Thank you very much for your time and I look forward to hearing from you. Best wishes, Petra -- Petra Bergstein President & Co-Founder The Caviar Co. C: (806) 777-5864 | O: (415) 580-7986 petra@thecaviarco.com | thecaviarco.com Dear Town Council members As someone who runs the _______________________________business on Ark Row I cannot support the idea of having 22 weeks of Street closures on Lower Main Street as it impacts the foot traffic for most of the small businesses on Ark Row in the following ways: 1) Reduction in foot traffic - closing lower main street & erecting barriers defers foot traffic on Ark Row which harms small businesses - some of these businesses see a direct loss of revenue and others see a loss in visitors who could result in being future clients. 2) Survey - I personally was unaware that there was a survey about closing the road for 22 weeks - can someone show me where all of the businesses on Ark Row and Main Street have been consulted about their opinion on that exact question? 3) Additional traffic & safety issues - There are many safety issues with narrow Ark Row handling all of downtown traffic - there are additional lines backing up the street adding to the disruption of potential shoppers. Some potential clients tell us that they cannot come downtown to Ark Row when the other road is closed as the traffic situation is so difficult. It will make it harder for us and any Ark Row businesses to have events to bring more people into town when there is only 1 way into the Main Street Lot - the congestion and inconvenience is off putting to potential Guests and shoppers. 4) Anti inclusivity - The whole plan is excluding businesses - barriers at end of Lower Main act as deterrents for people to visit Ark Row - Not all downtown businesses will be treated equally if access to many of them is blocked for almost half a year!!!! 5) The Main Street Hotel trade is disrupted - Guests are unable to offload luggage & noise levels increase. This is one of two hotels downtown and we need them to thrive to help bring in tourism and repeat customers. 6) Impact to the 2 restaurants on Ark Row - who rely on walk through trade - Why would the town allow their businesses to be inconvenienced whilst giving extra help to restaurants on the next road? Other Marin County Towns support all of their small businesses and we would ask that the council consider an alternative approach? I would support a proposal to have 6 weekends closures of lower Main Street (following the Friday Nights on Main schedule)- June 18-20, June 25-27, July 30-August 1, August 27-29, September 24-26, October 29-31. I believe this gives all of the downtown retailers a chance to make the most out the passing trade this summer but not 22 weeks. Kind Regards Tiburon Vintners From:office zelinskyproperties.com To:renee@reneerivera.com Subject:Sent on Behalf of Renee Rivera; Please Include in Meeting Packet Date:Wednesday, May 12, 2021 6:11:25 PM Attachments:Renee Rivera Opposition to Slow Streets.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Town Council, Please find attached a letter of opposition for the Slow Street proposal. This was sent on behalf of Renee Rivera from 76 Main Street. Please include in the meeting packet. Thank you, Caitlin From:Penny Harwood To:kulik1@me.com; Jon Welner; David Kulik; Holli Thier; Jack Ryan; Lea Stefani; Town Subject:Support for Ark Row Small Businesses in Tiburon Date:Thursday, May 13, 2021 10:49:13 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Town Council members As someone who has shopped on Ark Row and attended events at some of the stores there, I am writing to say that I do not support the idea of having 22 weeks of street closures on LowerMain Street which invariably impacts the small businesses on Ark Row adversely. Specific concerns include: 1) Reduction in business and atmosphere on Ark Row - closing lower main street & erecting barriers deters foot traffic on Ark Row which harms the small businesses who have only justbeen able to fully reopen. It is such a pleasure to walk along there and surely the town should be encouraging people to shop in all areas of Tiburon not discouraging them or making it more difficult after all theseretailers have had to endure. 2) Traffic & safety issues - There are many safety issues with narrow Ark Row handling all of downtown traffic - there are additional lines backing up the street & the traffic situation isalready difficult around there - channeling everyone’s access to the car park down just one road seems counterproductive. The congestion and inconvenience would put me off shopping in Ark Row at a time when I amvaccinated and ready to shop. It would become easier to drive to towns like Mill Valley & park there. 3) Showing support for all local small businesses - This plan seems to put businesses in oneend of town and creating added disruption for others. Ark Row has been undergoing a significant amount of construction work and disruption at the beginning of year - having thekey summer months disruption free gives the retailers a chance to earn back lost revenue. Other Marin County Towns support all of their small businesses and we would ask that the council consider an alternative approach? I strongly suggest a compromise with one weekend a month closed such as 'Friday nights onMain' which everyone lived with pre-pandemic. Sincerely P Harwood 1 office zelinskyproperties.com From:Justin Flake <jflake@marinhotels.com> Sent:Thursday, May 13, 2021 3:39 PM To:office zelinskyproperties.com Cc:Laleh S. Zelinsky Subject:Letter for Council Members - to be forwarded Dear Council Members and Ms. Mayor, This letter, on behalf of the owners and management of Waters Edge Hotel, it to express our strong opposition to closing Main Street to vehicle traffic, for several months. Closure of the street, to vehicles, prohibits our guests from being able to pull up in front of the hotel to drop off their baggage, upon arrival, as well as load their vehicles, upon departure. It also prevents them from waiting, comfortably, to be picked up by transportation services, such as Uber and private cars. Further, it makes getting to the hotel more confusing for our guests, while also trying to either shlep their bags through a crowded parking lot and street, or walk to the hotel without them, then make second trip back to the lot, for their bags, with a hotel employee, while weaving their way through restaurant tables and chairs. This would leave a bad taste in the mouths of our guests and discourage them from returning. Not only that, Waters Edge would to have to hire extra staff to assist the guests who are arriving in the Main St. parking lot, which is not only a financial hardship at a time when we are trying to recover from the pandemic, but an operational one, as it is very hard to fill vacant shifts right now. Further, this could have ADA implications that would need to be explored as the path of travel to our hotel would not necessarily accommodate a disabled person. We know, from Friday nights on Main St., that our guests will experience issues from this: additional noise, the public leaving garbage in our planter beds and using our handicap ramp as a hangout space. We cannot have this every day. It would be very detrimental to our business. When we entered into a 40 year lease, it was with the assumption that there was a vehicular road in front of the hotel and now that is under threat of being taken away. It changes everything. We understand the town’s need and desire to attract locals and tourists downtown. It’s difficult for us, but we support intermittent closures, like Friday Nights on Main, for the good of the town, though it is to our detriment. We implore you not to close the street for any extended period of time; especially as we are trying to recover from the pandemic. Sincerely, Justin Flake On behalf of: Domenico Petrone Paolo Petrone Patience Moore Ramon Zambrano Justin Flake General Manager Marin Hotels Acqua * Waters Edge * Mill Valley Inn www.marinhotels.com (415) 388-9285 Tiburon Town Council May 19, 2021 AI-1: Slow Streets Late Mail Requests for Copies: Lea Stefani, lstefani@townoftiburon.org From:Dolores Maguire To:Alice Fredericks Cc:David Kulik; Town; Holli Thier; Jack Ryan; Lea Stefani; Jon Welner Subject:Proposed Closure Date:Sunday, May 16, 2021 9:47:38 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please reconsider the idea of closing Ark Row for 22 weekends. This seems unreasonable knowing that the businesses there have alreadyundergone great hardship because of the pandemic.It is essential that small businesses can thrive. This makes for alively atmosphere and encourages tourists to visit which willcertainly impact favorably the life of the town. Sincerely,Sr. Dolores Maguire Sent from my iPhone 1 office zelinskyproperties.com From:Dinovitz, Paul <PDinovitz@Hearstfdn.org> Sent:Sunday, May 16, 2021 2:15 PM To:office zelinskyproperties.com Subject:Fwd: Closing Main Street Paul “Dino” Dinovitz Executive Director The Hearst Foundations Begin forwarded message: From: "Dinovitz, Paul" <PDinovitz@hearstfdn.org> Date: May 16, 2021 at 2:13:07 PM PDT To: office@zelinskyproperties Cc: garyklucas@aol.com Subject: Closing Main Street I’ve been made aware of the Chamber wanting to close Main Street for 60 + days a year. I think is this a ridiculous idea and very insensitive to the merchants who are trying to make it. Closing for Fri nites on main is one thing, doing it with that frequency is not productive. I’d focus my attention to more liberal parking to attract those visiting from other areas and not penalize them with 2 hour parking limits. Sincerely, Dino Paul “Dino” Dinovitz Executive Director The Hearst Foundations 1 office zelinskyproperties.com From:Crystal <crystallunablu@gmail.com> Sent:Sunday, May 16, 2021 11:52 AM To:office zelinskyproperties.com Subject:Closure on Main St Dear Town Council, There have been so many changes regarding government financial support and local law Covid restrictions since the start of the pandemic. Recently our business Luna Blu has been operating very well. We have been seating guests inside and outside. To begin with guests were not comfortable to sit inside but now with the opportunity of vaccinations they are not so concerned and we have got busy inside too. We have been able to offset any losses with the PPP loans and IRS Employee retention credits. Now finally it is possible to apply for losses with the Restaurant Act of 2021. The Restaurant Act allows restaurants to claim back losses comparing income from 2019 to 2020 as a forgivable grant. We originally wanted to have the street closure to secure our employees jobs, but our business has increased to normal levels without the street closure already! We are saddened that the businesses on Ark Row have suffered as a result of previous closures during the pandemic. We know first hand how hard it can be to operate a business on Ark Row. We support a compromise of reducing the closures to once a month. We hope that there is a way for all the businesses to recover and thrive in Tiburon. We know that many of the smaller businesses have not had the luxury of all the extra government help that our restaurant and other larger businesses qualify for. Yours faithfully, Crystal and Renzo Azzarello To Tiburon Town Council, May 16, 2021 This letter is regarding the closing of Lower Main Street for 22 months. The dates I have been told are June 1st thru October. The closure being Friday, all day Saturday, plus all day Sunday. Why is Tiburon Town Council closing Main Street when: • Construction in town for 2 years has affected traffic control, hazards, and business operations. • Four restaurants – 1 open for breakfast, 3 open for lunch, 4 open nighttime service • Retail has rarely been open after 6 pm in all the years I have lived here. My opinion has been that the Main Street closure has been successful for one Friday night a month or 9 hours in one month. I have heard it is 5 months or 66 days or over 1500 hours (approximately) Main Street will be closed. What I have seen is confusion when this road is closed. Longtime resident of Tiburon, Tammy Campbell To Tiburon Town Council, May 16, 2021 This letter is regarding the closing of Lower Main Street. 22 months or 66 days is way over the top for the Tiburon Town Council to close Main Street. That many days of closure disrupts all business in the downtown area because of lack of access, traffic confusion plus parking. I have lived here over 60+ years and have talked to a lot of locals in the last week. They have stated that they will not visit Main Street during this time with the issues created. Final comment, Tiburon’s downtown has been under major building and road construction for 2 years. Servinos Restaurant has moved to a different location and this site will be under construction for the summer months. Why would I choose to sit on Main Street to view a construction site? Why would I sit on Main Street when I can go to a restaurant or grass area to see the view? Gary K Lucas 1 office zelinskyproperties.com From:Tony Guzzardo <tguzrdo@aol.com> Sent:Saturday, May 15, 2021 1:39 PM To:office zelinskyproperties.com Subject:MAIN STREET CLOSURE To Whom It Concern My name is Anthony Guzzardo and my wife Patricia Guzzardo have lived in Tiburon at our same home since 1962. During this time of over 59 years, we have witnessed many changes, both good and bad. I believe that any major changes to the downtown commercial area should be unanimously made by the property owners, merchants, and all parties that are impacted by land planning decisions. In my opinion, too many changes to the town’s character have been implemented by town councils and outside consultants, and not always with positive results. With best regards, Anthony Guzzardo tguzrdo@aol.com Sent from my iPad From:Daniel Goldberg To:Town; Lea Stefani Subject:Slow Streets - Letter of Support Date:Monday, May 17, 2021 1:20:40 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. To whom it may concern: I am writing in support of expanding downtown Tiburon's slow streets program into the Spring/Summer of 2021. I am very supportive of this fantastic idea since it was so successfuland enjoyable as a resident last year. I am also a person that would like to see the town go one step further and look into a permanent closure of lower Main Street as pedestrian only to helprejuvenate our downtown in the years to come. So many wonderful small towns in America have done this on small sections of main thoroughfares with differing levels of success and Istrongly would encourage the Town of Tiburon to consider it. Thanks for your consideration and I hope that Slow Streets will continue in 2021. Thanks, Daniel Goldberg 143 Esperanza Street From:DeAnn Biss To:Joseph Headley; Lea Stefani Subject:Fwd: Main Street Closure Date:Monday, May 17, 2021 12:53:21 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Joey, would you resend your letter and cc Lea (copied on this email)? Thank you! ---------- Forwarded message ---------From: Joseph Headley <waypointpizza@gmail.com> Date: Fri, May 7, 2021 at 11:56 AMSubject: Fwd: Main Street Closure To: DeAnn Biss <deannbiss.tiburonchamber@gmail.com> FYI I sent this to everyone on town council. Joseph Headley General Manager Waypoint Pizza 15 Main StreetTiburon, CA 94920415-435-0352 waypointpizza@gmail.com Begin forwarded message: From: Joseph Headley <waypointpizza@gmail.com> Subject: Main Street Closure Date: May 7, 2021 at 11:51:17 AM PDTTo: hollithiertiburontowncouncil@gmail.com Mayor Thier, I understand that the Town is considering not renewing the Slow Street programthis summer. Having spoken with most of the Main Street business owners and managers, there’s a large majority of support for the program. And I’m told thatthe support by residents is over 90%. Those who oppose it’s renewal, including Mrs. Zelinsky, are a small minority and should not be allowed to determine thefate of the program. Please make this issue a priority so that businesses that have suffered for several years from declining foot traffic can finally benefit from a strategy that nearlyevery town in the country has embraced. Thank you. Joseph Headley General Manager Waypoint Pizza 15 Main StreetTiburon, CA 94920415-435-0352 waypointpizza@gmail.com -- DeAnn Biss Executive DirectorTiburon Peninsula Chamber of Commerce The Tiburon Depot Welcome Center46 B Main Street Tiburon, CA 94920deannbiss.tiburonchamber@gmail.com From:tomlitle@gmail.com To:Town; Lea Stefani Subject:2021 Slow Street Support Date:Monday, May 17, 2021 2:21:06 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Tiburon Town Council, My name is Tom Litle. I live at 130 San Rafael Ave. in Belvedere. I am writing to express my strong support for Slow Street 2021 June through October. Kim and I Have really enjoyed the opportunity to walk to town and enjoy the local businesses without traffic. Please, Please, Please support it for 2021! Thank you, Tom Litle 617-650-1111 From:Greg Chanis To:Lea Stefani Subject:FW: Slow Streets Date:Monday, May 17, 2021 5:42:10 PM Greg Chanis, Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 / (415) 435-7383 From: joe mccormack <jmccormack23@gmail.com> Sent: Monday, May 17, 2021 5:36 PM To: Town <town@townoftiburon.org> Subject: Slow Streets CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Tiburon Town Council: My wife and I were very upset to hear that Slow Streets might be discontinued this summer. We have all spent the year isolated and desperately need to reawaken our sense of community. We can't imagine the reasoning behind this decision. We ask the town to please reconsider. Feel free to contact us regarding this matter. Sincerely, Joe and Anne McCormack 23 Via Capistrano Tiburon From:Maria B To:Alice Fredericks; kulik1@me.com; David Kulik; Jon Welner; Holli Thier; Jack Ryan; Lea Stefani Subject:Concern regarding the closure of Ark Row given negative impact to business Date:Monday, May 17, 2021 10:59:36 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Town Council members As someone who works in Ark Row, has shopped on Ark Row, attended events at some of the stores there, and has visited Tiburon for over 25 years, I am writing to say that I don't supportthe idea of having 22 weeks of Street closures on Lower Main Street which adversely impacts the small businesses on Ark Row. Specific concerns include: 1) Reduction in business and atmosphere on Ark Row - erecting barriers deters foot traffic onArk Row which harms the small businesses who have only just been able to fully reopen. It is such a pleasure to walk along there and surely the town should be encouraging people to shop in all areas of Tiburon not discouraging them or making it more difficult after all theseretailers have had to endure. The congestion and inconvenience would put me off shopping in Ark Row at a time when I am vaccinated and ready to shop. It would become easier to drive to towns like Mill Valley &park there. 2) Traffic & safety issues - There are many safety issues with narrow Ark Row handling all of the downtown traffic - there are additional lines backing up the street & the traffic situation isalready difficult around there - channeling everyone’s access to the car park down just one road seems counterproductive. 3) Showing support for all local small businesses - This plan seems to put businesses in oneend of town and creating added disruption for others. Ark Row has been undergoing a significant amount of construction work and disruption at beginning of the year - having thekey summer months disruption-free gives the retailers a chance to earn back lost revenue. Other Marin County Towns support all of their small businesses and we would ask that the council consider an alternative approach? Why can’t there be a compromise with one weekend a month closed like Friday nights onMain which everyone lived with pre-pandemic. Hoping you consider my opinion on this matter, and provide an update on to the various businesses, Maria Ragone Brandt 1 office zelinskyproperties.com From:Stu Reilly <Bulabula22@outlook.com> Sent:Monday, May 17, 2021 6:36 PM To:office zelinskyproperties.com Subject:Fwd: Tiburon street closure Sent from Subject: Tiburon street closure Hello City Council people, As long time residents of Tiburon, we are not in favor of the proposed Main Street closure this summer. The select Friday nights is a fabulous idea. We feel several local business's will be hurt and have very negative impacts for all. Keep the flow on Main Street as we all adapt to the health and vaccinations of our locals and visitors. Stu Reilly Sent from my iPhone From:Greg Chanis To:Lea Stefani Subject:FW: Keep Slow Street for Main Street Tiburon Date:Tuesday, May 18, 2021 9:49:25 AM Greg Chanis, Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 / (415) 435-7383 From: Carol Korenbrot <carol.korenbrot@gmail.com> Sent: Tuesday, May 18, 2021 8:53 AM To: Town <town@townoftiburon.org> Subject: Keep Slow Street for Main Street Tiburon CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Town Council Agenda Item May 19, 2021 AI-1.Slow Streets Update I was pleased to see in the Merchant Survey results that most Merchants favor extending the Slow Street weekend closures of lower Main Street through 2021. Certainly the Community Survey respondents were almost universally in favor. As a community resident of Tiburon for 25 years - I too favor the 2021 extension of Slow Street weekends. It lends a relaxed and friendly atmosphere to shopping, eating and walking downtown. It makes downtown a destination for passing leisure time. I hope The Council decides to extend the practice. Thank you, Carol Korenbrot 142 Stewart Dr From:Dana Steele To:Town; Lea Stefani Subject:Support of Slow Street 2021 Date:Tuesday, May 18, 2021 10:00:28 AM Attachments:image001.png CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. As a long-time resident of Tiburon, I would like to offer my enthusiastic support for the Town of Tiburon Slow Street Program to continue through 2021 (and beyond). In all great towns around the globe, there are designated places for families and communities to come together without any car traffic to eat, socialize, shop and enjoy the magic of their surroundings. Tiburon’s Slow Street Program has been hugely successful – drawing neighbors of all ages – to enjoy our beautiful Main Street without the distraction (and fear) of car traffic. It is a treat to see young families, teenagers, empty nesters, and our many seniors, sharing this space together, while supporting our local businesses. I beg you to continue the Town of Tiburon Slow Street Program. Thank you. Dana Linker Steele (on/off/on Tiburon resident since 1975) Dana Linker Steele Director and Senior Corporate Counsel, Global License Compliance MOBILE +1 415 342 2432 Autodesk, Inc. 111 McInnis ParkwaySan Rafael, CA 94903www.autodesk.com From:Laura SmithBlair To:Town; Lea Stefani Cc:Matt Blair Subject:I support Date:Tuesday, May 18, 2021 10:23:26 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi! My husband and I support the slow streets of Tiburon remaining closed in 2021.Thank you! Laura Smith BlairMatthew Blair www.laurasmithblair.com Plant a little milkweed for From:Michelle Arthur To:own@townoftiburon.org; Lea Stefani Subject:Yes for Slow Street Program Date:Tuesday, May 18, 2021 10:33:33 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. As a long-time resident of Tiburon, I would like to offer my enthusiastic support for the Town of Tiburon Slow Street Program to continue through 2021 (and beyond). In all great towns around the globe, there are designated places for families and communities to come together without any car traffic to eat, socialize, shop and enjoy the magic of their surroundings. Tiburon’s Slow Street Program has been hugely successful – drawing neighbors of all ages – to enjoy our beautiful Main Street without the distraction (and fear) of car traffic. It is a treat to see young families, teenagers, empty nesters, and our many seniors, sharing this space together, while supporting our local businesses. I beg you to continue the Town of Tiburon Slow Street Program. Thank you. Michelle and Gem Arthur From:courtney finnegan To:Town; Lea Stefani Subject:Support to Continue the Slow Street Program Date:Tuesday, May 18, 2021 10:35:58 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. As a long-time resident of Tiburon, I would like to show my support for the Town of Tiburon Slow Street Program to continue through 2021 (and beyond). In all great towns around the globe, there are designated places for families and communities to come together without any car traffic to eat, socialize, shop and enjoy the magic of their surroundings. Tiburon’s Slow Street Program has been hugely successful – drawing neighbors of all ages – to enjoy our beautiful Main Street without the distraction (and fear) of car traffic. It is a treat to see young families, teenagers,empty nesters, and our many seniors, sharing this space together, while supporting our local businesses. I beg you to continue the Town of Tiburon Slow Street Program. Thank you, Courtney Finnegan (resident since 1998) Courtney Tozzi Finnegan | 415.302.6811 From:Kris McIntosh To:Town Cc:Lea Stefani Subject:Slow street support Date:Tuesday, May 18, 2021 10:52:53 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. To Whom it May Concern, As a long-time resident of Tiburon, I would like to offer my enthusiastic support for the Town of Tiburon Slow Street Program to continue through 2021 (and beyond). In all great towns around the globe, there are designated places for families and communities to come together without any car traffic to eat, socialize, shop and enjoy the magic of their surroundings. Tiburon’s Slow Street Program has been hugely successful – drawing neighbors of all ages – to enjoy our beautiful Main Street without the distraction (and fear) of car traffic. It is a treat to see young families, teenagers, empty nesters, and our many seniors, sharing this space together, while supporting our local businesses. I beg you to continue the Town of Tiburon Slow Street Program. Thank you. Kris McIntosh Sent from my iPhone From:Joseph Headley To:Holli Thier Cc:Alice Fredericks; Jack Ryan; Jon Welner; David Kulik; Lea Stefani; Greg Chanis Subject:Slow Street Date:Tuesday, May 18, 2021 12:02:41 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Mayor Thier, I understand that the Town is considering not renewing the Slow Street program this summer. Having spoken with most of the Main Street business owners and managers, it clearly has the majority of their support. And I’m told that support by residents is over 90%, whichanecdotally sounds about right from the conversations I’ve had with friends and acquaintances. Those who oppose it’s renewal, including Mrs. Zelinsky, are a small minorityand therefor should not be allowed to determine the fate of the program. Please make this issue a priority so that businesses that have suffered for several years from declining foot traffic can finally benefit from a strategy that nearly every town in the countryhas embraced. Thank you. Joseph HeadleyGeneral Manager Waypoint Pizza 15 Main Street Tiburon, CA 94920415-435-0352waypointpizza@gmail.com From:Greg Chanis To:Lea Stefani Subject:FW: Paulino Monterroso Date:Tuesday, May 18, 2021 12:46:25 PM Greg Chanis, Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 / (415) 435-7383 From: paulino monterroso <kkmonterroso@yahoo.com> Sent: Tuesday, May 18, 2021 12:06 PM To: Greg Chanis <gchanis@townoftiburon.org>; Town <town@townoftiburon.org> Subject: Paulino Monterroso CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. To it may concern we sincerely appreciate all that you have done to keep our community safe and well informed. You have made some very difficult decisions that balance our community’s safety, while being understanding of the needs of our many business. we would like to find a way to continue slowing the street this year. We ask you to please consider any additional steps that would take to find way to dining on street. Your attention is of great importance. we here at Salt and Pepper are in full support of it Paulino Monterrososalt & pepper415-572-7962http://www.saltandpeppertiburon.com From:Greg Chanis To:Lea Stefani Subject:FW: In Favor of Slow Streets Date:Tuesday, May 18, 2021 12:46:40 PM Greg Chanis, Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 / (415) 435-7383 From: David King <dking68@gmail.com> Sent: Tuesday, May 18, 2021 10:45 AM To: Town <town@townoftiburon.org> Subject: In Favor of Slow Streets CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Tiburon Town Council, I wanted to send a short note expressing my strong support for continuing the Slow Streets program. I feel like it will be good for both the community and businesses, and could help to revitalize downtown. If it doesn't end up working, at least the town will have tried something! Thanks, David King 735 Hawthorne Drive Tiburon From:Max Perry To:Town; Lea Stefani; Holli Thier; Jon Welner; Alice Fredericks; David Kulik; Jack Ryan Subject:Continue to Allow Tiburon Slow Streets!! Date:Tuesday, May 18, 2021 1:30:33 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good Afternoon, Safety in our communities is paramount and also crucial to revitalization of the downtown Tiburon area and which fosters economic improvement. The closing of Main Street allows formuch needed and overwhelmingly supported foot traffic for all the local businesses in the area. There is no need for the street to be open for cars when there is a minor detourjust around the corner. Please continue this safe and helpful benefit to the community! Sincerely, Max Perry (415) 497-0628 From:Chase Lyman To:Town; Lea Stefani; Holli Thier; Jon Welner; David Kulik; Jack Ryan Subject:I support SLOW STREET Date:Tuesday, May 18, 2021 1:34:51 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good afternoon, I wanted to “voice” my support for making Slow Street permanent. Although I’m not a resident, I have spent a lot of time in Tiburon and have multiple friends in the community. Iwas able to see it last year and I really enjoyed the experience. Not only is it much better for the retail, it provides a safe environment also. My wife was almost clipped by a car when wevisited Sam’s approx. 6 weeks ago! Thanks for the consideration. Chase ______________________________________________________ Chase Lyman Vice President, Leasing & AcquisitionsThe Sobrato Organization • 599 Castro Street, Suite 400 • Mountain View, CA 94041(650) 400-5700 cell From:Scott To:Town; Lea Stefani; Holli Thier; Jon Welner; Alice Fredericks; David Kulik; Jack Ryan Subject:Slow Street on Main Street Date:Tuesday, May 18, 2021 2:51:53 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi There, I’d like to email in to formally show my support for permanent closure of Main Street Tiburon. I personally feel making Main Street walking traffic only significantly improves the appeal/ environment of down town Tiburon. It allows friends and neighbors to have more of a social scene and drives more foot traffic into the stores boosting the economy. I believe it makes shopping on Main Street safer as well without having cars come through on the narrow street. Thank you Scott Murphy From:David King To:Lea Stefani Subject:Fwd: In Favor of Slow Streets Date:Tuesday, May 18, 2021 3:09:00 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. I'm re-forwarding this to the "comments" email address. Thanks! David ---------- Forwarded message --------- From: David King <dking68@gmail.com>Date: Tue, May 18, 2021 at 10:45 AM Subject: In Favor of Slow StreetsTo: <town@townoftiburon.org> Dear Tiburon Town Council, I wanted to send a short note expressing my strong support for continuing the Slow Streetsprogram. I feel like it will be good for both the community and businesses, and could help to revitalize downtown. If it doesn't end up working, at least the town will have tried something! Thanks,David King 735 Hawthorne DriveTiburon From:Linda Sapolsky To:Jack Ryan; Alice Fredericks; David Kulik; Holli Thier; Jon Welner; Lea Stefani; Town Subject:In support of Slow Streets Date:Tuesday, May 18, 2021 3:38:33 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi! I live in Belveron with my husband and three children and just wanted to share my support of the Slow Streets Program to support our local small businesses. My family has reallyenjoyed it and it seems to be even more appropriate as covid is a consideration. Thank you for your time and work for our beautiful town! Best,Linda Sapolsky From:Eric Tiret To:Lea Stefani Subject:Possible closure of main street on weekends Date:Tuesday, May 18, 2021 3:47:00 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. YES, YES, YES! Please close main street to vehicle traffic on the weekends. It makes downtown such a more pleasurable, lively atmosphere and causes very little in the way of traffic hassle. On the matter of traffic and parking, it may be a good idea to put up signs directing people on how to get to the parking the lot via the back way on Ark Row. Thank you, Eric Tiret, resident CONFIDENTIALITY NOTICE-PRIVILEGED AND CONFIDENTIAL: This communication and any accompanying documents are confidential and privileged. They are intended for the sole use of theaddressee. If you receive this transmission in error, you are advised that any disclosure, copying,distribution, or the taking of any action in reliance upon this communication is strictly prohibited.Moreover, any such disclosure shall not compromise or waive the attorney-client, accountant-client, orother privileges as to this communication or otherwise. If you have received this communication in error,please contact our office at the above telephone number or email address. Thank you. COVID-19: This communication is intended to provide general information on legislative COVID-19 reliefmeasures as of the date of this communication and may reference information from reputable sources. Although our firm has made every reasonable effort to ensure that the information provided is accurate,we make no warranties, expressed or implied, on the information provided. As legislative efforts are stillongoing, we expect that there may be additional guidance and clarification from regulators that maymodify some of the provisions in this communication. Some of those modifications may be significant. As such, be aware that this is not a comprehensive analysis of the subject matter covered and is notintended to provide specific recommendations to you or your business with respect to the mattersaddressed. This email has been scanned for email related threats and delivered safely by Mimecast.For more information please visit http://www.mimecast.com From:Park Allen To:Lea Stefani; Christina Goebel Subject:Huge supporters of Slow Streets! Date:Tuesday, May 18, 2021 3:56:28 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Greetings all, I was excited to hear that about 98% of those who took the Slow Streets poll were in support of continuing slow streets in Tiburon this summer. I was concerned that the town was secondguessing that, and seriously considering NOT holding the Slow Streets events. In a year where we are FINALLY coming out of our COVID haze, the time to build community and friendships again is NOW. Slow Streets is a relatively safe way to do that. We can gather, talk, see neighbors, and rebuild what we lost for well over a year. We will buy food and beverage and many other items in the shops downtown. The restaurants deserve it,as do the retail shops. And while we're at it - bring back live music! It's time! Please support Slow Streets. Sincerely, Park Allen 699 Hilary Drive, TiburonPOST Commissioner From:Greg Chanis To:Lea Stefani Subject:FW: Slow streets Date:Tuesday, May 18, 2021 4:24:54 PM Greg Chanis, Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 / (415) 435-7383 -----Original Message----- From: tessa white <tessawhite@me.com> Sent: Tuesday, May 18, 2021 4:15 PM To: Town <town@townoftiburon.org> Subject: Slow streets CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. To whom it may concern, As a resident of Tiburon living in the Bel Aire Neighborhood I would love to express my support for slow street nights as I feel it would be something worth is residents who live a little further our cycling in for.. the atmosphere would be lifted and an opportunity to create community Regards Tessa White x Sent from my iPhone From:Greg Chanis To:Lea Stefani Subject:FW: Slow Streets Program Date:Tuesday, May 18, 2021 4:25:03 PM Greg Chanis, Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 / (415) 435-7383 From: John Stockwell <jstockwell@malibu-farm.com> Sent: Tuesday, May 18, 2021 4:16 PM To: Town <town@townoftiburon.org>; Holli Thier <hollithiertiburontowncouncil@gmail.com>; Jon Welner <jwelner@townoftiburon.org>; Alice Fredericks <afredericks@townoftiburon.org>; David Kulik <dkulik@townoftiburon.org>; Jack Ryan <jryan@townoftiburon.org> Cc: John Hoffman <jhoffman@acventures.com> Subject: Slow Streets Program CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Commissioners, My name is John Stockwell and I am the owner of Malibu Farm Restaurant group along with my wife and Chef Helene Henderson. First of all, I want to say how excited we are about our new location in Tiburon. It is an extraordinary town and we can't wait to be open there. We are writing in ardent support of the Slow Streets program in it's fully expanded form. . We are a family friendly restaurant and we got to visit during the summer of 2020 and it reminded us of why families loved dining on the Malibu Pier - because they knew that their children could run up and down the Pier without any fear of them getting hit by a car. One of the consequences of a lot of the parklets and streetside dining all over the country is that traffic slowed or moved to other streets resulting in a lot more pedestrian friendly thoroughfares and people getting to see their friends and neighbors strolling after or before dinner. There is an overall trend of people leaving their cars at home, and using ride shares or bikes or even boats and ferries to move around and we think the Slow Streets program merges perfectly with that trend. It also means people are much more likely to stroll the streets and pop into a retail shop they wouldn't otherwise think of visiting if they were headed directly to their car. From:Greg Tusher To:Town; Lea Stefani; Holli Thier; Jon Welner; Alice Fredericks; David Kulik; Jack Ryan Subject:Tiburon Slow Streets Date:Tuesday, May 18, 2021 4:31:19 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. All: I have been a Belvedere resident for 17 years. I would strongly encourage Tiburon to adopt SlowStreets on the weekend permanently with no cars. Thank you for your consideration GMT Gregory M. Tusher Greenstone Partners & Co.60 E. Sir Francis Drake Blvd.Larkspur, CA 94939415-634-6721 From:Ken Rowles To:Lea Stefani Subject:Comment on: Main Street closures. Date:Tuesday, May 18, 2021 4:37:43 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Town of Tiburon, Thank you for all of the work all of you at the town have done and are doing to battle covid. As things get back to normal, we are excited to use the pedestrian only Main Street on weekends. The Main Street vehicular closures have breathed life into downtown Tiburon as well as anything I can remember. I've driven, biked, walked and run to downtown Tiburon during the closures and found it was easy to navigate and there were no traffic jams. I encourage you to keep the weekend Main Street vehicular closures. Thank you, Ken Rowles From:Ariel Shultz Isaacson To:Town; Lea Stefani; Holli Thier; Jon Welner; Alice Fredericks; David Kulik; Jack Ryan Subject:Slow Streets Program 2021 Date:Tuesday, May 18, 2021 4:38:51 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good afternoon, I'm writing to express my enthusiastic support for the Slow Streets Program in 2021. My husband, son and I live in Tiburon and we absolutely loved having Main Street closed topedestrians on weekends. It's wonderful from a safety perspective, but also an important opportunity to support our local businesses. Thank you for your consideration and for all that you do for our beautiful community! Ariel -- Ariel Shultz Isaacson ariel.shultz@gmail.com From:John Harty To:Lea Stefani; Holli Thier; Jon Welner; Alice Fredericks; David Kulik; Jack Ryan Subject:Please support the Tiburon Slow Streets Program Date:Tuesday, May 18, 2021 4:54:42 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Town Council Members, I am sending this email in support of PERMANENTLY implementing the Slow Streets Program during the weekends on Main Street in Tiburon. This seems like a very obvious decision that shouldn’t face much debate. However, I understand there is one real estate management company that is prioritizing their own interests over the interest of the business community and your constituents, the members of the community whom you represent. I believe strategic planning decisions in any community should encompass the following: 1. be fact-based & objective 2. weigh the economic costs/benefits 3. evaluate advantages/disadvantages 4. consider public safety 5. measure the environmental impact Any impartial person who has done a minimal amount of research in “car-free street programs” would understand and conclude that Tiburon’s Slow Streets Program will create a more vibrant downtown that would help stimulate the local businesses while bringing our community closer together. Data on retail sales should be used to help address the concerns of any real estate management companies about potential impacts. I think it is important to replace anecdotal objections with comprehensive data. Small towns like Boulder, CO, to mid- sized cities like Copenhagen to even large metropolitan areas like New York have all implemented similar car-free street programs and the data could not be more clear. They have all produced economic benefits, have safely brought communities closer together and have had positive environmental impact. I am confident the Council Members will also employ a facts-based approach and PERMANENTLY implement the slow streets program. I appreciate your consideration. Warm Regards, John John Harty, AIF® Wealth Advisor Direct 415.226.7469 Main 415-461-6248 Fax 415-461-3748 Carson Wealth I San Francisco 2370 Kerner Boulevard Suite 350 San Rafael, CA 94901 Linkedin | Facebook | Twitter -- See us in Barron’s | Forbes | Inc. 5000 Investment advisory services offered through CWM, LLC, an SEC Registered Investment Advisor. Carson Partners, a division of CWM, LLC, is a nationwide partnership of advisors. California Insurance Producer License Number: 0J21486 This email transmission and its attachments, if any, are confidential and intended only for the use of particular persons and entities. They may also be work product and/or protected by the attorney-client privilege or other privileges. Delivery to someone other than the intended recipient(s) shall not be deemed to waive any privilege. Review, distribution, storage, transmittal or other use of the email and any attachment by an unintended recipient is expressly prohibited. If you are not the named addressee (or its agent) or this email has been addressed to you in error, please immediately notify the sender by reply email and permanently delete the email and its attachments. From:Greg Chanis To:Lea Stefani Subject:FW: Main Street continued wkend closure Date:Tuesday, May 18, 2021 4:57:49 PM Greg Chanis, Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 / (415) 435-7383 -----Original Message----- From: Rosalyn Brandt <rosalynbrandt@gmail.com> Sent: Tuesday, May 18, 2021 4:46 PM To: Town <town@townoftiburon.org> Subject: Main Street continued wkend closure CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. I think it is VERY critical and beneficial for our community of Tiburon to continue the weekend closure of Main Street! It is important for our children, our seniors and all of us residents. Please do all you can to continue this conscientious policy. Thank you. Rosalyn Brandt (Tiburon homeowner) Sent from Rosalyn Brandt's iPhone From:Bob Kulperger To:Town; Lea Stefani; Holli Thier; Jon Welner; Alice Fredericks; David Kulik; Jack Ryan Subject:Please Keep Main Street Closed Date:Tuesday, May 18, 2021 5:36:40 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Town Council, I am writing in support of permanently closing Main Street in Tiburon. The trial project last year during the pandemic showed us how wonderful this jewel can be. Firstly, all of the businesses in this area will prosper as a result. Shoppers are much more likely to stroll and linger on a pedestrian mall than a dangerous cut-through for cars speeding through downtown. Restaurants will of course do better with tables out front, especially with the climate that we are lucky enough to have here in Tiburon. And finally, it will avoid the type of terrible accident that will make awful headlines in the region. Both of my daughters have almost been struck by cars on Main Street as out-of- towners sped down the small street looking at buildings instead of the poorly-marked crosswalk. I candidly can’t understand arguments against closing the street. All of the parking is on Tiburon Boulevard or the Ark Row parking lot, each of which can be accessed even if Main Street is closed. With prominent signage, everyone can be directed to these parking areas without zooming down Main Street. When we celebrate as a town, what do we do? We close Main Street for Friday Nights on Main. Why would we not draw crowds like this to our little town all the time? It’s good for business and good for safety. And the positive publicity associated with the decision will draw people to try the town as it opens up and the ferries run again in combination with some new great restaurants. I urge you to be bold. Best regards, Bob Kulperger From:matt schmidt To:Lea Stefani Subject:Fw: Downtown Tiburon - Main St. Survey Date:Tuesday, May 18, 2021 6:00:47 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, In regards to the discussion matter of closing Main Street on the weekends during the Summer to vehicle traffic, I 100% support this proposal. Friday Nights on Main always drove more people to the restaurants shops on the street and created a fun community atmosphere overall. Anything we can do to support our local businesses during this time and going forward should be considered strongly in my opinion. This is a great idea and has my support. Thank you, Matt Schmidt ----- Forwarded Message ----- From: Jack <mercjfr@hotmail.com> To: Daryl Smith <darylsmith@gmail.com>; Jessica Frangione <jessfrangione@gmail.com>; Julia Cashin <julia.cashin@gmail.com>; Justin Oberbauer <oberbauer@gmail.com>; Bahram Namakian <bahram@altolit.com>; Bahram Seyedin-Noor <bseyedin@gmail.com>; Maysa Namakian <mnamakian@gmail.com>; Sonia McKenna <sonia415353@gmail.com>; katiel@gmail.com <katiel@gmail.com>; Isaac Nikfar <isaac@nikfar.com>; Jessica Nikfar <jessica24@gmail.com>; katrina.sent@gmail.com <katrina.sent@gmail.com>; hreidgraves@gmail.com <hreidgraves@gmail.com>; Paras Fancy <pfancy@gmail.com>; Audrey Fancy <audrey.fancy@gmail.com>; franahmad@yahoo.com <franahmad@yahoo.com>; Justin Penziner McCarthy <jpm109@gmail.com>; Matt Schmidt <matthew_j_schmidt@yahoo.com>; Caren Schmidt <carensschmidt@gmail.com>; Elena Stephens <elenastephens522@gmail.com>; Casey Mancl <mrsmancl@gmail.com>; Andre Mancl <andrevman@gmail.com>; Steve Brunk <stevenbrunk@comcast.net>; Rebecca Brunk <reblandy@comcast.net>; Kristen <kristenhole@yahoo.com>; Brian Hole <bhole@willislease.com>; Tina Davis <tina_e_davis@yahoo.com>; Tim Davis <tim_b_davis@yahoo.com>; Ory Shirazi <orydesigns@yahoo.com>; Kamran Shirazi <kamran_shirazi@hotmail.com>; Caely Cusick <caely.cusick@gmail.com>; Eric Tiret <eric@tiret.com>; Eric Richards <richards_eric@hotmail.com>; Allison Richards <allisons.richards@gmail.com>; dking68@gmail.com <dking68@gmail.com>; laurieabrown@hotmail.com <laurieabrown@hotmail.com>; kbrendan23@yahoo.com <kbrendan23@yahoo.com>; Linda Lake <lindalake13@gmail.com>; cpnorrisca@hotmail.com <cpnorrisca@hotmail.com>; cav_guns@hotmail.com <cav_guns@hotmail.com>; Park Allen <parkallen@gmail.com>; Rob Twilley <rob.twilley@gmail.com>; Michelle Dravland-Tobin <mdravland@yahoo.com>; Tom Tobin <thomas.j.tobin@gmail.com>; Jane Colwell <jkcolwell@msn.com>; ccolwell1@msn.com <ccolwell1@msn.com>; Victoria Tucker <victoria.tucker@gmail.com>; shanghaituckers@me.com <shanghaituckers@me.com>; Cristen Fazal <c.razzari.fazal@gmail.com>; cindy.bayon@gmail.com <cindy.bayon@gmail.com>; universitydaddy@gmail.com <universitydaddy@gmail.com>; Sujoya Dey Raghupathy <sujoya108@gmail.com>; Arun Raghupathy <araghu108@gmail.com>; DeAnn Biss <dbiss@me.com>; Matt Biss <mbiss@tishmanspeyer.com>; Danny McNamara <danny@salesrx.biz>; sivancovich@yahoo.com <sivancovich@yahoo.com>; Connie & Greg Maddox <connieandgregmaddox@gmail.com>; Ken Rowles <kenrowles@msn.com>; Nichole Rowles <nrowles@mac.com>; Hrund Smith <g.hrund@gmail.com>; Prashant Ravishankar <prashrs@gmail.com>; cutting@alum.mit.edu <cutting@alum.mit.edu>; sfscott@hotmail.com <sfscott@hotmail.com>; Alyene Schneidewind <aschneidewind@salesforce.com>; ctgathright@gmail.com <ctgathright@gmail.com>; alison.gathright@gmail.com <alison.gathright@gmail.com>; lillianpuhalla5@gmail.com <lillianpuhalla5@gmail.com>; Jon Lake <jondlake@gmail.com>; Melissa <melissa@waypointrentals.com>; Emir Keye <emirkeye@gmail.com>;Karen Ripenburg <kripenburg@gmail.com>; 'Amanda Hyslop' <amandahyslop@gmail.com>; DanielGoldman <dgoldman505@gmail.com>; Evan Nadel <esnadel@gmail.com>; Michael Fisch<michael.fisch@gmail.com>Cc: Sara Klein <sklein1234@gmail.com>; Jack Ryan <mercjfr@gmail.com>Sent: Tuesday, May 18, 2021, 03:03:01 PM PDTSubject: Re: Downtown Tiburon - Main St. Survey Hi Peeps, Yes, one more town-related email. Tomorrow (i.e. Wednesday, May 18), the Town Council is discussing the matter of closing Main St. to vehicle traffic on weekends this summer. Whether you completed the survey or not, if you have an opinion on this possibility, please email or call into the meeting to express it, so the whole Council hears your voice. The direct email is: comments@townoftiburon.org The discussion is listed as Action Item 1 on the agenda for the meeting which you can see here: https://townoftiburon.granicus.com/GeneratedAgendaViewer.php? view_id=5&event_id=712 Thank you for participating, and please spread the word to all your friends! Jack From: Jack <mercjfr@hotmail.com> Sent: Monday, April 19, 2021 2:55 PM Subject: Downtown Tiburon - Main St. Survey Hi again, Friends, In case you missed the latest version of the Town's newsletter, TibTalk, it includes links to two key surveys. The first is a simple referendum on reintroducing the "Slow Streets" initiative, wherein the Town closes Main St. to vehicle traffic on weekends. The more-detailed survey solicits your opinions on safety, parks, and open space. Access the Slow Streets survey here. Let us know if you want Main St. to be pedestrian-only during weekends. And the safety, parks, and open space survey is here. Thank you for letting us know what you think! Regards, Jack From:Steele, Richard To:Town; Lea Stefani Subject:Slow Streets/Main Street Date:Wednesday, May 19, 2021 8:18:19 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. I’m writing to express my strong support for the Town’s Slow Street Program to continue this year. In fact, I urge the town council to think more boldly and simply close the less than 400’ section of Main Street between Tiburon Blvd and the roundabout at the Goldman Law Firm building permanently to motorized traffic (other than emergency vehicles and business deliveries during designated hours). There is no justification for keeping Main Street open to motorists that would outweigh the massive social, safety and economic benefits that would flow from banning motor vehicles from this tiny strip of road. Cars can still access the loading zone and drop off area on Tiburon Blvd, as well as access the parking lot via Ark Row. Tiburon residents routinely travel the world and return with tales of how wonderful it is in places like Barcelona, Munich, Dubrovnik, Quito, etc. because you can walk everywhere without the fear and annoyance of cars. Yet those same people return home to our tiny town and wonder why we have no business district that is pedestrian/bicycle friendly, and then wonder why we can’t support restaurants, shops and other businesses. If the great cities of the world can take bold steps (see, Paris, London, etc.) to eliminate unnecessary motor vehicles from their downtown cores, it would be a huge missed opportunity if Tiburon couldn’t do this for a measly one block section of Main Street. At a minimum, we should continue the slow streets program and close Main Street to cars on summer weekends and potentially at other select weekends throughout the year. Thank you, Rich Steele ................................................. Richard Steele Managing Director General Counsel, Moody's Analytics +1 415.874.6113 rich.steele@moodys.com Moody’s Corporation 405 Howard Street, Suite 300 San Francisco, CA 94105 www.moodys.com ................................................. -----------------------------------------Moody's monitors email communications through its networks for regulatory compliancepurposes and to protect its customers, employees and business and where allowed to do so byapplicable law. The information contained in this e-mail message, and any attachment thereto,is confidential and may not be disclosed without our express permission. If you are not the intended recipient or an employee or agent responsible for delivering this message to theintended recipient, you are hereby notified that you have received this message in error and that any review, dissemination, distribution or copying of this message, or any attachmentthereto, in whole or in part, is strictly prohibited. If you have received this message in error, please immediately notify us by telephone, fax or e-mail and delete the message and all of itsattachments. Every effort is made to keep our network free from viruses. You should, however, review this e-mail message, as well as any attachment thereto, for viruses. We takeno responsibility and have no liability for any computer virus which may be transferred via this e-mail message. ----------------------------------------- From:William Breck To:Alice Fredericks; David Kulik; Holli Thier; Jack Ryan; Jon Welner; Lea Stefani; Town Subject:Tiburon Slow Streets Support Date:Wednesday, May 19, 2021 8:19:36 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. All, I hope this email finds you well. I wanted to express my strong support of the permanent implementation of the closure of Main Street on the weekends. As someone who grew up in Tiburon and attended many Friday Nights on Main, I know howgreat of an environment and atmosphere that setting creates. I think that opening up that same setting into the weekend will not only allow for Tiburon residents (and tourists) to enjoy thebeauty and buzz of Main Street outside of just Friday night, but will also allow the restaurants and business in the area to benefit greatly. This opportunity really seems like a great idea for the Town to make a decision thatundoubtedly benefits Tiburon residents, businesses, and general community. Lastly, downtown Tiburon, and specifically Main Street, is one of the most beautiful settings in theBay Area. Why not give people the opportunity to truly appreciate and enjoy the Town in a new and improved way? I truly hope that the Town will decide to support this idea, and I look forward to spendingpleasant Saturday’s and Sunday’s on Main Street, enjoying and appreciating what a great town Tiburon is. Best, Will Breck From:christian.c.mcintosh@gmail.com To:Town; Lea Stefani Subject:Support of Slow Street 2021 Date:Wednesday, May 19, 2021 8:53:49 AM Attachments:image001.png Importance:High CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, I strongly support the slow street program in 2021! We’ve raised our kids in Tiburon/Belvedere since 2006 and love the community feel and family atmosphere of a car-free downtown provided by the Slow Street Program. It’s brought us to Main St. more often and spurred us to spend more money in support of our local businesses. PLEASE continue this great program! Kindest regards, Christian & Kristen McIntosh Christian McIntosh 415.515.5437 From: Dana Steele Sent: Tuesday, May 18, 2021 10:00 AM To: town@townoftiburon.org; lstefani@townoftiburon.org Subject: Support of Slow Street 2021 As a long-time resident of Tiburon, I would like to offer my enthusiastic support for the Town of Tiburon Slow Street Program to continue through 2021 (and beyond). In all great towns around the globe, there are designated places for families and communities to come together without any car traffic to eat, socialize, shop and enjoy the magic of their surroundings. Tiburon’s Slow Street Program has been hugely successful – drawing neighbors of all ages – to enjoy our beautiful Main Street without the distraction (and fear) of car traffic. It is a treat to see young families, teenagers, empty nesters, and our many seniors, sharing this space together, while supporting our local businesses. I beg you to continue the Town of Tiburon Slow Street Program. Thank you. Dana Linker Steele (on/off/on Tiburon resident since 1975) Dana Linker Steele Director and Senior Corporate Counsel, Global License Compliance MOBILE +1 415 342 2432 Autodesk, Inc.111 McInnis ParkwaySan Rafael, CA 94903www.autodesk.com From:Bronia Hill To:Town Cc:Lea Stefani Subject:Late mail addition to Agenda Packet Date:Wednesday, May 19, 2021 9:33:36 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Councilmembers, I hope you are all doing well on this glorious morning! In relation to agenda item AI-1 (Slow Streets in 2021) for this evening's meeting, I offerwholehearted support for this initiative and would love to see the program continued in 2021. The Slow Streets program supports local businesses and helps to foster a sense of communityamong the town, business owners, employees and guests. I think this initiative is especially important as we emerge from the pandemic/shelter in place and after last year's police confrontation at Yema store. The slow streets initiative wouldencourage healthy relationship building across the town. Thank you, Bronia Hill -- Bronia Hill (she/her) 415-601-0157 From:Heather Graves To:Lea Stefani Subject:closing of Main Street Date:Wednesday, May 19, 2021 9:53:45 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Thanks so much for all of your work! Please consider closing Main Street on the weekends. It seems to benefit both business owners and patrons alike. From:Danielle Snyder To:Town; Lea Stefani; Holli Thier; Jon Welner; Alice Fredericks; David Kulik; Jack Ryan Cc:Brandon Shorenstein Subject:For slow streets permanently Date:Wednesday, May 19, 2021 10:07:21 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. To whom it may concern, I recently moved to corinthian island and spend a lot of time in the town of tiburon with my baby. My husband and I are very much in support of Slow Streets on the weekend PERMANENTLY. It's a huge opportunity to improve the Town and provide a safe space for kids, young families and elderly on the weekends. Best, Danielle Snyder Shorenstein and Brandon Shorenstein DANIELLE SNYDER Creative Director | Co-Founder **NEW ADDRESS** 89 Franklin St | O: 212.971.7070 | DANNIJO.com http://instagram.com/dannijo http://instagram.com/danielleasnyder Sent via Superhuman iOS From:Brandon Shorenstein To:Danielle Snyder Cc:Town; Lea Stefani; Holli Thier; Jon Welner; Alice Fredericks; David Kulik; Jack Ryan Subject:Re: EXTERNAL - For slow streets permanently Date:Wednesday, May 19, 2021 10:20:11 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. 100% agree!!! On May 19, 2021, at 12:07, Danielle Snyder <danni@dannijo.com> wrote: To whom it may concern, I recently moved to corinthian island and spend a lot of time in the town of tiburon with my baby. My husband and I are very much in support of Slow Streets on the weekend PERMANENTLY. It's a huge opportunity to improve the Town and provide a safe space for kids, young families and elderly on the weekends. Best, Danielle Snyder Shorenstein and Brandon Shorenstein DANIELLE SNYDER Creative Director | Co-Founder**NEW ADDRESS** 89 Franklin St | O: 212.971.7070 | DANNIJO.com http://instagram.com/dannijohttp://instagram.com/danielleasnyder Sent via Superhuman iOS This message and its attachments are intended only for the designated recipient(s). It may contain confidential or proprietary information and may be subject to legal or other confidentiality protections. If you are not a designated recipient, you may not review, copy or distribute this message. If you receive this in error please notify the sender by reply email and delete this message. Our privacy policy has changed. To review the policy, please click here. From:DeAnn Biss To:Lea Stefani Subject:Fwd: Street closure Date:Wednesday, May 19, 2021 10:53:35 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. ---------- Forwarded message ---------From: carol levalley <carollevalley@yahoo.com>Date: Wed, May 19, 2021 at 9:47 AMSubject: Street closureTo: hollithiertiburontowncouncil@gmail.com <hollithiertiburontowncouncil@gmail.com>,jwelner@townoftiburon.org <jwelner@townoftiburon.org>, afredericks@townoftiburon.org<afredericks@townoftiburon.org>, dkulik@townoftiburon.org <dkulik@townoftiburon.org>,jryan@townoftiburon.org <jryan@townoftiburon.org>Cc: DeAnn Biss <deannbiss.tiburonchamber@gmail.com>, Ari Maslow<ari@rusticbakery.com>, Beth-Anne Jacobson <beth@rusticbakery.com> Hi- We at Rustic Bakery are in support of the Main Street closure and think it is a great idea! All over Europe city streets have been pedestrianized to promote tourismand people love it! Main Street is not conducive to automobile traffic and if the signage is clear, visitors will know where to park. It would be so lovely to be able to walk the street and browse the shops while waiting for a table to becomeavailable at one of the restaurants on Main Street w/o having to dodge cars. There could be tables, benches and planters and so many things could be done if cars were not allowed on the street. We do not think it will have any effect on our business at the boardwalkbut we wanted to let you know our opinion on the plan as a Tiburon business and member of the chamber of commerce. Warm regards, Rustic Bakery Tiburon Carol LeValley Chief Executive OfficerRUSTIC BAKERY INC. 3902 Cypress Drive Petaluma, Ca 94954 tel 707-789-7400 ext 101 fax 707-789-7401 cell - 415.827.4124 http://www.rusticbakery.com -- DeAnn BissExecutive DirectorTiburon Peninsula Chamber of CommerceThe Tiburon Depot Welcome Center46 B Main StreetTiburon, CA 94920deannbiss.tiburonchamber@gmail.com From:Greg Chanis To:Lea Stefani Subject:FW: YES, YES, YES to Slow Street!!! Date:Wednesday, May 19, 2021 11:08:27 AM Greg Chanis, Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 / (415) 435-7383 From: Tawna farmer <tawns8@gmail.com> Sent: Wednesday, May 19, 2021 10:33 AM To: Town <town@townoftiburon.org> Subject: YES, YES, YES to Slow Street!!! CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. We couldn’t have a better situation to implement it. It will preclude effectively zero parking places, will boost the revenue for businesses that have struggled over the last year+, and will provide SAFE outdoor eating options for all of us as we slowly limp back from a long year inside!!! YES, YES, YES!!! Tawnie Farmer Old Landing Rd Tiburon From:Matthew T. Barron To:Town; Lea Stefani; Holli Thier; Jon Welner; Alice Fredericks; David Kulik; Jack Ryan Cc:Kimberly Lindgren Subject:A voice in support of Tiburon Slow Streets Date:Wednesday, May 19, 2021 11:29:49 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning, all. First and foremost: Thank you for the work you do to support us residents here in Tiburon. Iknow how frustrating (and thankless!) it must be at times but I know you all strive every day to keep Tiburon a "destination" place to live; this place is simply spectacular and I appreciateeach of you for what you have done to make it so. The purpose of my outreach to you all is to voice our household's support for the continuation of "Tiburon Slow Streets." My wife grew up in Tiburon and we moved back here (fromChicago) with our now 4 year old son 3.5 years ago (and welcomed our baby daughter 2 years ago at Marin General). We relocated to Tiburon to raise our family because of the lifestyle advantages (of course!)and because of the broader community here in Southern Marin. Last year's Slow Streets was simply a gift for us as parents... it made "heading downtown" so much easier with our youngones in tow, they had a blast running around with other kids (and dancing to music), and we got to have a glass of wine and socialize with friends and neighbors. Friends from other townsjoined as well because it was such a friendly and fun experience for all. Tiburon Slow Streets was truly enriching and I strongly support closing Main Street for car traffic on weekends... it's great for single-person homes, families, and retirees to strengthen thebonds of our community (and we spent more money at downtown businesses than we otherwise would have as a result!). I appreciate your consideration. Matt and Kim Barron (and Thomas-4 and Kennedy-2). -- Matthew T. Barron Cell: 1.847.989.2677 | MatthewTBarron@gmail.com From:Michelle Thomsen To:Lea Stefani Subject:Support for the Slow Street Program - Summer 2021 Date:Wednesday, May 19, 2021 11:53:53 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, I would like to voice my support for the Slow Street Program this summer. I think that it is a great way to support businesses on Main Street and continue to build community withinTiburon and Belvedere. Thank you, Michelle Thomsen 415-637-1941 Sent from Yahoo Mail on Android From:Greg Chanis To:Lea Stefani Subject:FW: regarding tonight"s meeting Date:Wednesday, May 19, 2021 1:41:50 PM Greg Chanis, Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 / (415) 435-7383 From: Justin Flake <jflake@marinhotels.com> Sent: Wednesday, May 19, 2021 1:35 PM To: Town <town@townoftiburon.org> Cc: Holli Thier <hollithiertiburontowncouncil@gmail.com>; jweiner@townoftiburon.org; Alice Fredericks <afredericks@townoftiburon.org>; David Kulik <dkulik@townoftiburon.org>; Jack Ryan <jryan@townoftiburon.org> Subject: regarding tonight's meeting CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Council Members and Ms. Mayor, I wrote this letter, last week, and I was under the impression it had been forwarded to you, by Zelinksy Properties. I did not see it in tonight’s packet, so I am sending it, directly to you. This letter, on behalf of the owners and management of Waters Edge Hotel, it to express our strong opposition to closing Main Street to vehicle traffic, for several months. Closure of the street, to vehicles, prohibits our guests from being able to pull up in front of the hotel to drop off their baggage, upon arrival, as well as load their vehicles, upon departure. It also prevents them from waiting, comfortably, to be picked up by transportation services, such as Uber and private cars. Further, it makes getting to the hotel more confusing for our guests, while also trying to either shlep their bags through a crowded parking lot and street, or walk to the hotel without them, then make second trip back to the lot, for their bags, with a hotel employee, while weaving their way through restaurant tables and chairs. This would leave a bad taste in the mouths of our guests and discourage them from returning. Not only that, Waters Edge would to have to hire extra staff to assist the guests who are arriving in the Main St. parking lot, which is not only a financial hardship at a time when we are trying to recover from the pandemic, but an operational one, as it is very hard to fill vacant shifts right now. Further, this could have ADA implications that would need to be explored as the path of travel to our hotel would not necessarily accommodate a disabled person. We know, from Friday nights on Main St., that our guests will experience issues from this: additional noise, the public leaving garbage in our planter beds and using our handicap ramp as a hangout space. We cannot have this every day. It would be very detrimental to our business. When we entered into a 40 year lease, it was with the assumption that there was a vehicular road in front of the hotel and now that is under threat of being taken away. It changes everything. We understand the town’s need and desire to attract locals and tourists downtown. It’s difficult for us, but we support intermittent closures, like Friday Nights on Main, for the good of the town, though it is to our detriment. We implore you not to close the street for any extended period of time; especially as we are trying to recover from the pandemic. Sincerely, Justin Flake On behalf of: Domenico Petrone Paolo Petrone Patience Moore Ramon Zambrano Justin FlakeGeneral Manager Marin HotelsAcqua * Waters Edge * Mill Valley Innwww.marinhotels.com (415) 388-9285 From:Michael Mina To:Town; Lea Stefani; Holli Thier; Jon Welner; Alice Fredericks; David Kulik; Jack Ryan Subject:Slow Street on Main Date:Wednesday, May 19, 2021 1:44:54 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Councilmembers and Town Leaders, My name is Michael Mina and I am the owner and managing partner of Bungalow Kitchen along with Brent Bolthouse. We are proud to be a part of the Tiburon community and want to express our support of the expanded Slow Street Program for Main Street. We anticipate our restaurant will draw people from around the globe, many of whom are familiar with the concept of “walking” streets. Besides the obvious safety benefits of a pedestrian-only thoroughfare, the town’s merchant base will see a tremendous uptick of walk-in customers. We strongly support Slow Street on Main. Sincerely, Chef Michael Mina Founder, Bungalow Kitchen mmina@minagroup.net choose your own adventure: www.michaelmina.neteat with your eyes: @chefmichaelmina From:Greg Chanis To:Lea Stefani Subject:FW: Slow Street Program for Main Street Date:Wednesday, May 19, 2021 1:51:29 PM Greg Chanis, Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 / (415) 435-7383 From: Brent Bolthouse <brentbolthouse@mac.com> Sent: Wednesday, May 19, 2021 1:51 PM To: Holli Thier <hollithiertiburontowncouncil@gmail.com>; Jon Welner <jwelner@townoftiburon.org>; Alice Fredericks <afredericks@townoftiburon.org>; David Kulik <dkulik@townoftiburon.org>; Town <town@townoftiburon.org>; Jack Ryan <jryan@townoftiburon.org> Subject: Slow Street Program for Main Street CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Councilmembers and Town Leaders, My name is Brent Bolthouse and I am the owner and managing partner of Bungalow Kitchen along with Michael Mina. We are proud to be a part of the Tiburon community and want to express our support of the expanded Slow Street Program for Main Street. We anticipate our restaurant will draw people from around the globe, many of whom are familiar with the concept of “walking” streets. Besides the obvious safety benefits of a pedestrian-only throughfare, the town’s merchant base will see a tremendous uptick of walk-in customers. We strongly support Slow Street on Main. Sincerely, Brent Bolthouse Founder, Bungalow Kitchen Love☠️Light Brent Bolthouse From:David Grieve To:Town; Lea Stefani; Holli Thier; Jon Welner; Alice Fredericks; David Kulik; Jack Ryan Subject:Tiburon Slow Streets Date:Wednesday, May 19, 2021 2:54:31 PM Attachments:image001.png CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Councilmembers and Community Leaders, My name is David Grieve and I am the Chairman and CEO of A&C Ventures. As a property owner and developer of several buildings and businesses on Main Street, I urge the Town Council to approve the Slow Streets initiative on a permanent basis. First and foremost, Slow Streets will help to address the safety of all those who are shopping, dining, lodging and working on Main Street. In addition, Slow Streets promotes a vibrant community-oriented climate for downtown merchants and is a necessary element for the long-term sustainability of their businesses. With the addition of Bungalow Kitchen and Malibu Farm to the existing mix of businesses, foot traffic on Main Street will likely increase, and potentially by a significant amount. Reducing the interaction between pedestrians, vehicles and bicycles should help alleviate accidents and promote community engagement in downtown Tiburon. Thank you for your consideration. Sincerely, David Grieve Chairman and CEO A&C Ventures, Inc. From:John Hoffman To:Town; Lea Stefani; Holli Thier; Jon Welner; Alice Fredericks; David Kulik; Jack Ryan Subject:Squalo Vino Supports Tiburon Slow Streets Date:Wednesday, May 19, 2021 3:02:52 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Tiburon Town Councilmembers: On behalf of the Squalo Vino Tasting Room at 34 Main Street, we are very much in favor of the Slow Streets initiative. We are a new business, planning to open this summer, and would very much be a part of the activities and events that take place during Slow Streets on Main. Please count us in for a YES to have Slow Streets become a permanent highlight for residents and visitors to enjoy. Respectfully, John Hoffman Partner, Squalo Vino From:Petra Bergstein To:Town; Lea Stefani Subject:Letter in favor of Slow Streets Date:Wednesday, May 19, 2021 3:04:19 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Town Council Members: I was hoping to call in to today's meeting but will unfortunately be unable to. However, I will be following along with the meeting and thank you for your time and consideration. It is so exciting and promising to see the light at the end of this very long tunnel. However, as things are opening up and we are getting back to some normalcy, the hospitality industry is not out of the woods yet. We are still seeing concerned customers who only feel comfortable dining outside in the open air. Our industry anticipates this being a common issue throughout the foreseeable future and we must continue to adapt as much as possible to stay afloat. Adding Slow Streets to our summer weekends has the potential to provide a significant positive impact to businesses in our community, especially hospitality who are still recovering from 2020. As a fellow business owner, I want to see all businesses in Tiburon be prosperous and successful. I agree that we must have a team mentality and keep in mind that one business' success has the potential to positively impact other businesses nearby. We want to be a part of a respectful, clean, thriving community filled with positive energy, excitement, friends & families. I feel that adding Slow streets has the potential to only add to the charming community we are so lucky to be a part of. That being said, we take our Ark Row neighbors into great consideration and will do the best that we possibly can to make sure people are aware that the fun doesn't stop at the parking lot entrance. There are a few ways we might be able to accomplish this: 1. I will take it upon myself and my team to help inform customers that there is an additional block of lovely and charming stores on the other side of the parking lot. I am sure the neighbors on lower Main street would be willing to pitch in on those efforts as well. 2. We can include additional signage inside of my large windows. 3. We can make room on our sidewalk for a sandwich board to point to the Ark Row shops. Best regards,Petra -- Petra Bergstein President & Co-Founder C: (806) 777-5864 | O: (415) 580-7986 petra@thecaviarco.com | thecaviarco.com From:Mimi Breck To:Town; Lea Stefani; Alice Fredericks Cc:Holli Thier Subject:In support of Slow Streets Tiburon Date:Wednesday, May 19, 2021 3:44:04 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. All, As long standing residents of Tiburon, the Breck family is strongly supportive of a recommended permanent moveto implement Slow Streets every weekend year round in downtown tiburon. Doing so supports our local businessesand makes the downtown area safer for small children. Thank you for considering our input, Bill BreckMimi BreckWill BreckCameron Breck Sent from my iPhone From:braytons1@comcast.net To:Alice Fredericks; kulik1@me.com; David Kulik; Jon Welner; Holli Thier; Jack Ryan; Lea Stefani; Town Subject:Closing of Lower Main Street Opinion Date:Wednesday, May 19, 2021 3:48:10 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Town Council Members, As a longtime 35 years Tiburon Resident I wanted to express my thoughts on the proposal of closing of Lower Main Street for 22 weekends this year. I feel this is way too much as it disrupts many of the smaller merchants on Main Street and Ark Row. I know that people show up to eat, drink and be merry and that they do not shop! I have observed this many times when enjoying Friday nights on Main. We have got to do everything possible to support our small businesses. We cannot afford to have more shops close. Your proposal is just too disruptive to the businesses in Tiburon other than the restaurants. I would like to keep with the same number of summer Friday Nights on Main that all enjoyed pre-pandemic. Jane Brayton 21 Via San Fernando Tiburon Braytons1@comcast.net From:Chelsea S To:Town Cc:Lea Stefani Subject:Slow Streets comment for Council Meeting 5/19/21 Date:Wednesday, May 19, 2021 4:02:03 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Tiburon Town Council I'd like to send an email in support of extending the Slow Streets on Main through Summer2021. For the vast majority of residents on the Peninsula, outdoor dining on Main Street is a lot of fun, it is a great way to see friends and to enjoy our beautiful town! Other benefitsinclude offering outdoor dining for people not yet comfortable dining inside due to COVID, as well as offering restaurateurs and businesses an opportunity to expand their dining room/storefronts to try to recoup some of their losses from being shut down during COVID. That said, I'm aware that there are merchants on Ark Row who are concerned that the Main Streetclosure will negatively impact their business. To ensure they are not forgotten during Slow Streets could the following be arranged: Invite the restaurants and businesses on Ark Row to open up further on the sidewalk and/or into the parking lot behind their spacesReduce the total # of weeks of Slow Streets to reduce impact on the Ark Row businesses to only 10-12 weeksOffer Town of Tiburon subsidized discounts for customers who frequent Ark Row businesses during the Slow Street events, i.e. visit Lola's during Slow Streets and get$10 off your order; $10 off any purchase at any clothing or wine merchant during slow streets; or discounted parking for people who shop or eat on Ark Row.Set up picnic tables in parking lot inviting people to shop and order at Ark Row businesses during Slow Streets, reserving it for businesses only on Ark RowMore signage at numerous pointing people to the businesses on Ark Row Have one business on Main St. partner with one business on Ark Row and pushcustomers to them via flyers, deals, etc. All the merchants downtown have had a rough go the last 14-15 months, it would be great tofind a way to extend Slow Streets to help the 65% of them who would like it, while finding solutions to support the remaining who are nervous about losing business on the weekends.Hoping Council can find a way to make this work, would be great to have an outdoor dining option this Summer! Thank youChelsea Schlunt From:Karen Beale To:Lea Stefani; Town Cc:Alice Fredericks; kulik1@me.com; David Kulik; Jon Welner; Holli Thier; Jack Ryan Subject:Fwd: I do NOT support the idea of Closing Main Street Date:Wednesday, May 19, 2021 4:06:56 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Lea / Greg There appears to be letters which were sent last week re: the slow streets agenda item missingfrom the town meeting packet which was circulated for today’s town council meeting. For example : 1) Below is a copy of a letter that was forwarded by a Tiburon resident and client of Ark Row merchants on Thursday May 13th. 2) Today a Corinthian Island resident and Ark Row client Marine Strage said she has also senta letter which does not appear anywhere. Can you look into why these people’s letters were omitted from the correspondance and confirm that there were no other letters overlooked please? Kind regards Karen Karen Beale Tiburon | +1 415 250 2597 | www.trinityhousepaintings.com Trinity House Paintings Head Office San Francisco London New York 20 High Street 82 Main Street 50 Maddox Street 24 East 64th St Broadway Tiburon Belvedere London New York NY WR12 7DT CA 94920 W1S 1AY 10065 From: rand@dmscore.com <rand@dmscore.com> Sent: Thursday, May 13, 2021 1:29 PM To: town@townoftiburon.org Subject: I do NOT support the idea of Closing Main Street Dear Town Council members As someone who has been b here in Tiburon most of my life, and still lives here, I am writing to say that I do not support the idea of having 22 weeks of Street closures on Lower Main Street. It is just silly! My specific concerns include: Reduction in business and atmosphere on Ark Row – it looks like crap with small tables randomly spread across the street, and is not an inviting environment for either dinning or shopping when the street is closed! It’s generally a playland for kids to go wild while their parents eat. In addition, I believe there are many safety issues with narrow Ark Row handling all of downtown traffic - there are additional lines of cars backing up the street & the traffic situation is already difficult around there - channeling everyone’s access to the car park down just one road seems counterproductive. And, riding a bike is a nightmare through there with the closed street, dodging dinners, kids and shoppers all trying to navigate a clear lane. I know we should walk the bikes but that doesn’t really work as the sidewalks are often clogged. Just stupid. I know many of the local business people, and I know they have been struggling. You need to help keep them stay open, and keep the traffic flowing, and the town inviting and safe. Kind Regards, Tiburon resident Rand R. Schulman Chairman, CEO Email: rand@dmscore.com Mobile: 858-736-7095 From:Lorraine Gemigniani To:Town; Lea Stefani Subject:Main St. Tiburon Destination! Date:Wednesday, May 19, 2021 4:17:36 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Town Councilmembers I would like to add my support to the growing community interest in closing Main St to cars on the weekends and turning it into a fun and exciting destination point. We need the revenue and we need a place where the community and visitors alike can come together for dining, shopping, music, and cultural events. What better location than our quaint and beautiful downtown area? It can be the new fun place to go on the weekends. We could become the new "must see" event in Southern Marin. Let's do this! It's a win-win! Thank you in advance for your consideration. Lorraine Gemigniani From:Adam Hemberger To:Town; Lea Stefani; Holli Thier; Jon Welner; Alice Fredericks; David Kulik; Jack Ryan Subject:Slow Streets in Favor Date:Wednesday, May 19, 2021 4:24:48 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi there, I was born and raised in Belvedere and am a 4th generation member of the Corinthian Yacht Club. Our family has had fantastic memories downtown and I begin my family I hope to continue that tradition. Shutting the streets down are so beneficial for all of the small businesses who have suffered SO MUCH during Covid. Having as many people downtown in Tiburon does nothing but positively effect our small economy. Please do not vote to take this small town benefit away from small businesses, families and tourists that come to Tiburon. Thank you, Adam Sent from my iPhone From:Artie D To:Town; Lea Stefani Subject:Support the slow street program Date:Wednesday, May 19, 2021 5:04:26 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. To whom it may concern: I support the slow street program in 2021. -Artie DelNegro 94 St. Thomas Way From:Angela McInerney To:Lea Stefani Subject:Comment on slow streets. Date:Wednesday, May 19, 2021 6:03:44 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Has anyone considered making Main Street one way, one lane with the area of Main Street in front of Ark Row one way, one lane plus a bike lane? Main Street in front of Ark Row could retain the free street parking in front of Ark Row businesses. Waters Edge Hotel could use the two limited parking spots for loading and unloading... Thank you for your time & consideration. Angela McInerney Angela McInerney 914.486.8398 Never doubt that a small group of thoughtful, committed, citizens can change the world. Indeed it is the only thing that ever has. --Margaret Mead From:Caely Cusick To:Lea Stefani Subject:Tiburon Commercial District is not child friendly Date:Wednesday, May 19, 2021 7:04:04 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good evening. Slow streets would create a child friendly environment for families. There is only one very small child friendly pizza place downtown which fits a few families. And there is only one store half dedicated to children merchandise (Diana’s). Whose being harmed? Families are not only “fast turns” in tables which means more revenue for restaurants and if you have experience in this town the families here tend to order alcohol which adds tax to the bill. I have seen very little action by the mayor or vice mayor to create child friendly environment downtown besides Friday Night on Main which at nighttime is not feasible for everyone with kids. The continuous block of weekends will allow families to create a habit of going downtown. If you’ve raised kids you know how creating habits is important for healthy development. If the town wants to create a healthy commercial district that is child friendly as well to support families who already feel betrayed by the school district they should embrace family friendly creative solutions or risk continued loss of families interest of spending time downtime. Best Regards, Caely Sent from my iPhone TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Appointments: Building Code Appeals Board Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Town Council will consider making appointments to the Building Code Appeals Board. RECOMMENDED ACTION(S) 1. Consider making one regular appointment to the Building Code Appeals Board; and/or 2. Consider making one alternate appointment to the Building Code Appeals Board. BACKGROUND The Building Code Appeals Board (BCAB) currently has one regular vacancy and two vacancies for appointed alternates. Mr. Don Scheiner and Mr. Stewart Summers have both submitted qualified applications to serve on the Board, and both Mr. Scheiner and Mr. Summers interviewed with the Council today. Their application materials are attached as Exhibits 1-2, respectively. ANALYSIS The BCAB is charged to act as the appeals board from decisions and interpretations of the Building Official regarding non-administrative provisions of the Town’s adopted codes and to render decisions on appeals and other decisions in writing to the Building Official and any appellants. As required by the Board’s bylaws, both applicants have been deemed professionally qualified to serve on the Board. BCAB bylaws also provide guidelines for an ideal makeup of the Board. The Board consists of five regular members and two appointed alternates and ideally recommend the board consist of design professionals with professional expertise as follows: - Architectural or a builder TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting May 19, 2021 Agenda Item: AI-2 Town Council Meeting May 19, 2021 TOWN OF TIBURON PAGE 2 OF 2 - Structural engineer - Mechanical engineer and/or plumbing - Electrical engineering or electrical contractor - Energy and/or green building compliance code or a licensed roofing contractor The current board is made up of two builders, a licensed roofing contractor, and a structural engineer. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town by making the appointment(s). CLIMATE IMPACT Staff has determined this action will have no direct climate impact to Tiburon. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council consider: 1. Making one regular appointment to the Building Code Appeals Board; and/or 2. Making one alternate appointment to the Building Code Appeals Board. Exhibit(s): 1. Don Scheiner Application Materials 2. Stewart Summers Application Materials Prepared By: Lea Stefani, Town Clerk Town of Tiburon 1505 Tiburon Blvd., Tiburon, CA 94920 lstefani@townoftiburon.org 415.435.7377 TOWN OF TIBURON COMMISSION, BOARD & COMMITTEE APPLICATION The Town Council considers appointments to its various Town commissions, boards and committees throughout the year due to term expirations and unforeseen vacancies. In its effort to broaden participation by local residents in Tiburon’s local governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing this form and returning it to Town Hall with a resume. Copies will be forwarded to the Town Council and informal applicant/Council interviews are scheduled periodically during the year. Your application will also remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Lea Stefani Town Clerk Applicant Name Full Name:Date: Areas of Interest Please indicate your areas of interest in numerical order: Planning Commission Parks, Open Space & Trails Comm. Design Review Board Bel-Tib Joint Recreation Board Heritage & Arts Commission Disaster Advisory Council Bel-Tib Library Board Commission on Aging Affordable Housing Building Code Appeals Board Applicant Information Address: Street Address Apartment/Unit # City State ZIP Code Phone:Email: Why did you select your area(s) of interest? What are your applicable qualifications and experiences? Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized in their redacted form as part of Town Council meeting materials. Don Scheiner 415-860-8373 don@sausalitoconstruction.com SUMMARY As a fourth generation Marin County Resident and general contractor that works primarily in the Tiburon, Belvedere, and Mill Valley area, I feel that my input and experience would be of great assistance in guiding and maintaining the understanding of current and future building codes. There are multiple impacts that new building code revisions can bring not only in terms of safety and durability but preserving and maintaining the visual beauty and environmental needs of our community as well. I hope to bring additional insight on how that would impact future construction costs and methods. I have over 40 years of construction experience in the Bay Area. I have worked in the industry since 1981 and received my General Contractors License in 1991. My work is primarily in the southern Marin County area. I have worked with the town of Tiburon, in particular, since 1998 and my current company, Sausalito Construction, is very familiar with the Town of Tiburon’s Planning and Building Department. POSITION RELATED SKILLS • Building material management and cost control • Value engineering review and analysis • Project schedule management and review • Client management and support • Problem identification and solution evaluation/implementation WORK HISTORY Vice-President I Sausalito Construction – San Rafael, CA 2012 - Present Project Manager, I Sausalito Construction – San Rafael, CA 1998-2012 Project Manager I Scheiner Construction – San Rafael, CA 1990-1998 Superintendent I Krystal Construction – Northern CA 1981-1990 SPECIAL INTERESTS Member of Marin County Motor Cycle Association, Marin County, CA Member of Northern California Chapter of Over the Hill Dirt Bike Club, Northern CA Member of Micheal Murnin Golf Association, Marin County CA VOLUNTEER AND COMMUNITY INVOLVEMENT Built and donated judges stand for UC Davis Equestrian Team, UC Davis, Davis, CA Assist in build and maintenance of Marin County Motorcycle Association club grounds, Petaluma, CA Remodel and build of snack-shack Novato Junior Horsemen Club, Novato, CA Donated time to Novato Bike Park, Novato, CA Build of 50’ Bike Ramp, donated by the Neff Family to the youth group North Bay BMX, North Bay, CA Maintenance of Novato Park and Recreation Softball and Baseball fields, Novato, CA Volunteer Assistant Coach Novato Little League, Novato, CA Volunteer Special Events STEM Marin, Marin County, CA San Marin Mountain Bike Team, Marin County, CA ANNUAL DONOR Leukemia Lymphoma Association UC Davis Equestrian Team University California Davis University of Nevada Reno San Marin High School, Novato, CA West Coast Reining Horse Youth Association, Northern California National Rein Horse Youth Association Novato Junior Horsemen, Novato, CA And many more groups and associations Town of Tiburon 1505 Tiburon Blvd., Tiburon, CA 94920 lstefani@townoftiburon.org 415.435.7377 TOWN OF TIBURON COMMISSION, BOARD & COMMITTEE APPLICATION The Town Council considers appointments to its various Town commissions, boards and committees throughout the year due to term expirations and unforeseen vacancies. In its effort to broaden participation by local residents in Tiburon’s local governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing this form and returning it to Town Hall with a resume. Copies will be forwarded to the Town Council and informal applicant/Council interviews are scheduled periodically during the year. Your application will also remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Lea Stefani Town Clerk Applicant Name Full Name:Date: Areas of Interest Please indicate your areas of interest in numerical order: Planning Commission Parks, Open Space & Trails Comm. Design Review Board Bel-Tib Joint Recreation Board Heritage & Arts Commission Disaster Advisory Council Bel-Tib Library Board Commission on Aging Affordable Housing Building Code Appeals Board Applicant Information Address: Street Address Apartment/Unit # City State ZIP Code Phone:Email: Why did you select your area(s) of interest? What are your applicable qualifications and experiences? Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized in their redacted form as part of Town Council meeting materials. Stewart K. Summers, Architect ___ Stewart K. Summers has over 25 years of experience in the Architectural field. During that time, Stewart has worked on diverse projects that include Custom Residential, Subdivisions, Additions and Alterations, Commercial Office, Restaurant and Religious Assembly. This wide range of experience has allowed him to become well versed in managing projects of all types and obtain technical proficiency required for a variety of project types. Stewart’s skills extend to an extensive understanding of the entitlement process and dealing with local government agencies to secure project approvals. Stewart has received certifications from Built it Green as Certified Green Building Professional and Certified Green Rater and currently serves as a member of the City of San Rafael’s Design Review Board. Professional Experience 2007 – Present: Principal Architect SKS Architects, San Rafael, California Principal Architect and Project Manager on a variety of projects ranging from Commercial to Custom & Spec Residences, Remodels and with the associated coordination of Consultants, Jurisdictional Entitlement Processes, preparation of Construction Documents and Construction Management. 1995 – 2007: Licensed Architect, Project Manager, Cad Manager Urban Dynamics Inc. dba G. Thomas Telfer, Architect, Novato, California Project Architect and or Project Manager on a variety of projects ranging from Commercial to Custom & Spec Residences, Remodels, Additions and Multi-Family along with the associated coordination of Consultants, Jurisdictional Entitlement Processes, preparation of Construction Documents and Construction Management. 1989 – 1995: Project Manager, Cad Manager, Draftsman Urban Dynamics Inc., a California Corporation, dba Telfer– Chiesa–Dunham & Johnson, Architecture & Engineering, Novato, California Project Manager on a various projects ranging from Commercial to Residential. Managing and Training of Staff in the utilization of AutoCAD as the primary design and drafting tool for the firm. Cad Drafting on various projects 1983 – 1989: CAD Draftsman Craiker Associates, Inc., San Rafael, California Autocad Drafting of Design and Construction Documents on various projects, commercial and residential. Education & Certificates 1995-present: Licensed as Architect in State of California #C25816 Acquired required Equitable Practical Years of Experience by College Education credits and work experience to qualify for State of California Architectural Licensing 1985 – 1989: Bachelor of Arts, Architecture University of California, Berkeley CA 2008-present: Certified Green Building Professional Acquired certification as green building consultant through Build It Green (non-profit in Berkeley, CA focusing on healthy and energy/resource efficient homes for California) Professional and Community Affiliations Board Member, City of San Rafael Design Review Board, term 2007-present Build it Green Certified Green Building Professional, 2007 Eagle Scout, Troop 101, San Rafael, CA - 1984 TOWN OF TIBURON PAGE 1 OF 4 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Consider Extension of Mill Valley Refuse Service Franchise Agreement from July 1, 2026-June 30, 2031. Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY With regards to the existing Franchise Agreement with Mill Valley Refuse Service for residential and commercial waste hauling services, Council will be considering whether to exercise a 5-year extension to the Agreement. Exercising the option would extend the current agreement from June 30, 2026 to June 30, 2031. RECOMMENDED ACTION(S) Staff recommends that the Town Council: Receive the Staff Report and presentation from R3 Consulting Group, hear any public comment and: 1. If Council determines it does not wish to allow the 2nd five-year extension to proceed, direct staff to deliver a timely Notice of Non-Extension as provided in the Agreement, or 2. If Council determines it does wish to exercise the 2nd five-year extension, no action is necessary. However, Council could indicate that position via a motion. or, 3. If Council is not prepared to decide this matter this evening, they should direct staff to place the item on a future agenda and indicate what additional information is needed for Council to make decision. BACKGROUND The Town of Tiburon has had an exclusive franchise agreement (Agreement) for solid waste collection with Mill Valley Refuse Service (MVRS) since 1965. The current Agreement, approved by Council on June 15, 2011, with an effective date of July 1, 2011, was the culmination of over a year’s negotiation and review by Town staff and a Town Council sub-committee. A copy of the Agreement is attached as Exhibit 1. The initial term of the Agreement was for ten years and provides for two optional five-year extension periods (2021-2026 and 2026-2031 respectively). Per the agreement, these extensions occur automatically unless the Town Council votes not to extend the Agreement. With regards to the 1st five-year extension, on May 18, 2016, Council voted unanimously to allow the extension to go forward. This extended the Agreement until June 30, 2026. Regarding TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting May 19, 2021 Agenda Item: AI-3 Town Council Meeting May 19, 2021 TOWN OF TIBURON PAGE 2 OF 4 the 2nd five-year extension, if the Town does not deliver a notice of non-extension by June 30, 2021, then the term of the Agreement shall automatically extend for the additional five (5) year period, or until June 30, 2031. On September 16, 2020, Council considered a rate increase request from MVRS. During this discussion, Council confirmed with staff an agenda item related to the 2nd five-year franchise extension would be placed on a Council agenda in a timely manner. Council also indicated, to ensure they would be making an informed decision at that time, it would be helpful to conduct a comparative study related to various aspects of the Agreement. Staff has engaged with R3 Consulting Group (R3) to provide an analysis that would help Council in making their decision. R3 has extensive experience assisting municipal clients navigate and analyze issues related to solid waste management. Their services are focused in the following areas: solid waste planning, operations and performance reviews, procurement and negotiation assistance, financial and rate analysis, and compliance assistance. In conducting the franchise extension analysis for Tiburon, R3 was asked to consider the following: • Current services provided. Are the current programs, services, and performance standards sufficient and in alignment with industry standards and best practices? • Satisfaction with MVRS’s current provision of services. Is MVRS in compliance with the current contract? Is MVRS’s performance acceptable to the Town? How does MVRS’s diversion performance compare to regulatory requirements and surrounding jurisdictions? • The current market environment for solid waste collection and hauling operations, locally and statewide. What are the results of recent competitive procurements and negotiated extensions? Are there other qualified haulers operating nearby that might participate in a competitive procurement process? • The current regulatory environment and upcoming regulations. What will soon be required of MVRS under the upcoming regulations? What will be required of the Town? What responsibilities can the Town request that MVRS take on? • Customer rates. Are the rates paid by the Town’s residents and businesses higher or lower than the rates paid by nearby comparable jurisdictions’ ratepayers? How would MVRS’s rate increase request affect the customer rates as they compare to other jurisdictions? Does MVRS appear to be making a fair and reasonable return? ANALYSIS Based on this scope of work, R3 has completed and provided the Town a report, which is attached as Exhibit 2. Garth Schultz, Principal at R3, will be attending the Council meeting to provide a presentation to Council on the reports findings and answer any questions Council may have. A summary of the report findings is as follows: • While the Agreement is already 10 years old, there are only a few priority improvements that may be considered by the Town. Town Council Meeting May 19, 2021 TOWN OF TIBURON PAGE 3 OF 4 • Based upon an assessment provided by Town staff, MVRS’s performance of the requirements in the agreement is satisfactory. Diversion performance is adequate. • The solid waste hauling market’s appetite for bidding on new contracts, given prevailing uncertainty, is low, and resulting competitive bids tend to be high. • Regulatory requirements are increasing, and MVRS has effectively assisted the Town in complying with prior regulations. The agreement also requires MVRS to meet regulatory requirements. • The Town’s rates are close to surrounding jurisdictions’ rates, and the rate adjustment methodology appears to be advantageous to the Town. • The Town receives more additional services included in their rates than the surrounding jurisdictions. This purpose of this item is to provide Council the opportunity to exercise its rights under the Agreement in a timely manner. Although no formal action is required if Council is satisfied with the current Agreement and wishes to allow the 2nd five-year extension period to proceed, it may choose to acknowledge this decision through a motion. However, if Council determines it does not wish the 2nd five-year extension period to proceed, Council should direct staff to deliver a Notice of Non-Extension as required by the Agreement. FINANCIAL IMPACT Should Council determine it does not wish to exercise its option for the 2nd five-year extension, there will be a financial impact in approximately 3-4 years, as the Town will need to devote staff hours and hire professional consultants to assist in preparing a new Request for Proposal for refuse collection services, analyzing responses and negotiating a new contract. It is difficult to quantify at this time the amount of that impact. CLIMATE IMPACT Staff has determined this action will have no direct climate impact to Tiburon. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council: Receive the Staff Report and presentation from R3 Consulting Group, and: Town Council Meeting May 19, 2021 TOWN OF TIBURON PAGE 4 OF 4 1. If Council determines it does not wish to allow the 2nd five-year extension to proceed, direct staff to deliver a timely Notice of Non-Extension as provided in the Agreement, or 2. If Council determines it does wish to exercise the 2nd five year extension, no action is necessary. However, Council could indicate that position via a motion. or, 3. If Council is not prepared to decide this matter this evening, they should direct staff to place the item on a future agenda and indicate what additional information is needed for Council to make decision. Exhibit(s): 1. 2011 Mill Valley Refuse Service Franchise Agreement 2. R3 Consulting Group Report Prepared By: Greg Chanis, Town Manager EXHIBIT 1 SOLID WASTE MANAGEMENT AGREEMENT BETWEEN THE TOWN OF TIBURON AND MILL VALLEY REFUSE SERVICE, INC. July 1, 2011 TABLE OF CONTENTS SECTION 1.GRANT AND ACCEPTANCE OF EXCLUSIVE RESIDENTIAL AND COMMERCIAL FRANCHISE 2 SECTION 2.DEFINITIONS 5 SECTION 3.TERM 9T SECTION 4.OWNERSHIP OF SOLID WASTE ....................................................9 SECTION 5.DUTIES OF COLLECTOR AND SERVICES PROVIDED BY COLLECTOR 10 SECTION 6.DUTIES OF TOWN 18 SECTION 7.COMPLIANCE WITH 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 SECTION 11.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.RATE ADJUSTMENT AND REVIEW 33 SECTION 17.BILLING 42 SECTION 18.AB 939 42 SECTION 19.ASSIGNMENT 43 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. INDEMNIFICATION .......................................................................48 SECTION 25. CHANGES IN LAWS 50 SECTION 26. EXCUSE FROM PERFORMANCE 504 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 1St day of July, 2011, by and between the Town of Tiburon, a municipal corporation, hereinafter referred to as "Town" or "the Town," and Mill Valley Refuse Service, Inc., a California corporation, hereinafter referred to as "Collector." WITNESSETH: WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 ("AB 939"), has declared that it is within the public interest to authorize and require local agencies to make adequate provisions for solid waste handling 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 intended to enable Town to better regulate the collection, removal and transportation for disposal of said solid 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 prevention 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, Compensation and Liability Act ("CERCLA"), with the express purpose in mind of meeting the waste-diversion goals established by the State of California; and WHEREAS, Collector agrees and acknowledges that, to the extent required by and otherwise in accordance with the terms of this Agreement, it shall collect, transfer, and 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 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 safe transport to disposal facilities of solid waste, and Town determines 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 the collection, removal and disposal of solid waste from within Town to Collector, and Collector has been satisfactorily serving the residents of the Town as its official garbage collector continuously since 1965; and WHEREAS, on December 6, 1995, the parties hereto replaced and superseded the First Agreement by a new written agreement (the "Existing Agreement"), which the parties have amended numerous times, and on September 5, 2003, Town gave notice of cancellation to Collector pursuant to Section 2 of the Existing Agreement, 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 Agreement, 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-Family 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 Town 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.C below). 2 B. Compliance. Collector and Town each agree 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 1.C, which Collector may but shall not be obligated to collect, transfer, transport or dispose of. 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 that nothing in this Agreement is intended to or shall be construed to excuse any person or entity from obtaining any authorization from Town that is otherwise 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 collector 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 Resources Code; 3) Green Waste removed from property by a gardening, landscaping or tree trimming company as an incidental part of a total service offered by such company rather than as a hauling service; 4) Construction debris and demolition debris removed from 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 1.C(9), Collector acknowledges and agrees that Town may permit other persons or 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 or entities to collect any Solid Waste excluded from the scope of this Agreement, Town shall provide Collector with reasonable advance notice thereof and an opportunity to present a competitive bid. Debris box services under Section L 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 charged by Grange for its debris box services 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. Changes in Law. 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 with 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, Solid Waste flow control, fees and rate setting, and related doctrines. In the event that future interpretations of current state and federal law, enactment or developing legal trends or other judicial decisions or orders with respect to state or federal law 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 (including rate and fee establishment and adjustment provisions) shall be limited by applicable state and federal laws in effect at the time such services are provided. Collector further 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 forth herein. In 4 such an event, it shall be the responsibility of Collector to minimize the financial impact to those remaining services being provided as much as possible. Nothing in this Section 1.D is intended to (i) alter, modify, restrict or otherwise affect the Collector's or Town's rights under any of the provisions of Section 25, or (ii) require Collector to perform services hereunder without receiving a fair return in accordance with Section 16.C. SECTION 2. DEFINITIONS. As used throughout this Agreement, the following terms shall have the meanings 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 weekly 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 Property" refers to all properties that are not included in the definition of "Residential Property" or "Mixed-Use Property," with the exception of Town-owned property. 8) "CPI" 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) month period shall be used). If the 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 reasonably 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 op' means to dispose of or to transport and deliver to another for disposal. 11) "Fiscal Year" means January 1St through December 31St 12) "Franchise Area" is defined in Section I.A. 13) "Franchise Fee" means the fee or assessment imposed by Town on Collector solely because of Collector's status as a party to this Agreement and which, inter alia, is intended to compensate Town for costs associated with: 1) the oversight, operations, and maintenance of this franchise and this Agreement; and 2) maintenance of its residential streets and roadways associated with wear, 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 an approved recycling container, Hazardous Waste and Hazardous Materials, Household Hazardous Waste, Green Waste and sewage. 16) "Green Can" means any receptacle provided by Collector for the periodic collection of Green Waste. 17) "Green Waste" means 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 Agreement; 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 rental of portable toilets and Storage Containers (in each case whether or not within the Franchise Area, as defined below) are not included in the definition of "Gross Receipts." In the event that Collector desires to exclude from the definition of Gross Receipts any other source of revenue or compensation otherwise falling within the definition of Gross Receipts, Collector must first obtain Town's written approval to do so, which approval 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" means any 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. 9601 et seq., and the California Health & Safety Code 25110.02, 25115 or 25117, and all future amendments to any of the same or regulations promulgated under any of the same, or as defined by the Environmental Protection 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 website 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. 21) "Mixed-Use Property" means properties that contain both living units and commercial or non-living units. 7 22) "Multi-Family Units" means dwellings that (i) include four (4) or more individual living units and (ii) receive 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 other cost is added, nor with respect 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 or setting 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 into 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, aluminum, plastics, beverage containers, compostable materials, materials designated as recyclables by the California Integrated 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-Family Units and Multi- Family Units. 30) "Single-Family 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 otherwise 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) "Storage Container" means 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 term of this Agreement shall commence 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 Town has determined not to extend this Agreement. In the event that the Town elects not to extend this Agreement for both of the five (5) year renewal periods, the Town shall give written notice in the manner set forth by Section 27.D of its exercise of non-extension rights under this Section 3.B by no later than June 30, 2016; in the event the Town elects not to extend the Agreement for the second five (5) year renewal period only, the Town shall give written notice in the manner set forth by Section 27.1) of its exercise of non-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 the deadlines listed in the foregoing sentence, then the term of this Agreement shall automatically extend for an additional five (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 term of this Agreement except as specifically set forth in this Section 33 must be in writing and signed by both parties hereto. SECTION 4. OWNERSHIP OF SOLID 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 transfer 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 this Agreement, Collector shall have the right to retain any benefit resulting from its right to retain, possess, dispose of or use the Solid Waste that it collects. Any cost savings resulting from decreased disposal or decreased disposal costs shall offset Collector's operating expenses. 9 B. Throughout the term 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 compliance 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 required by 14 California Code of Regulations 18260, et seq. and must have submitted 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 regulations 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 performs 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 promptly 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 than Collector to perform the additional services that Town had proposed that Collector perform. Collector and Town further 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, Collector shall not be required to perform such services. SECTION 5. DUTIES OF COLLECTOR 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 perform the following duties within the Franchise Area, all in compliance with Section 7 of this Agreement: 1) Collect Garbage and transport for disposal; 2) Collect Green Waste and transport for disposal; 3) Collect Recyclables and transport for disposal; 4) Collect and dispose of Solid Waste placed in debris boxes owned or rented by Collector; and 5) Those services set forth in Section 5.B(5). B. Services Provided by Collector. The nature of the services Collector offers and provides to customers residing or 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 manner that would violate any applicable law. 1) Once-a-Week Service. Collector shall provide the following services on a weekly basis: a) Residential Prosy. Collector shall collect and remove all Garbage from each occupied Residential Property. For Single-Family Units, said collection 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 may be designated from 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 Collector and the customer and shall be weighted and loaded in a manner such that the containers can be lawfully loaded onto Collector's trucks. For Single-Family Units and Multi-Family Units, additional bagged Garbage not fitting in a customer's regular collection container may be removed by Collector at the time of regular collection for an additional charge per bag, provided that customer has requested such removal by calling Collector prior to 1:00 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 Collector shall, during such call, inform the customer of the option of using any remaining free-curbside service applicable to such customer under Section 5.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. Collector shall collect and remove 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 containers shall be weighted and loaded in a manner such that the containers can be lawfully loaded onto Collector's trucks. In addition, such 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) Recyclables. Collector shall collect and remove Recyclables from each occupied Residential Property and Commercial Property (except for Recyclables that are exempt from this Agreement under Section 1.C 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 Collector, which containers (i) in the case of residential customers, shall be placed at the curb, unless another storage site is mutually 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 separated Green Waste from each occupied Residential Property and each Commercial Property. For Single-Family Units, said collection shall be from a thirty-two (32) or sixty-four (64) gallon (or such other sizes as may be designated from time to 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 customers, such collection shall be from thirty-two (32), sixty-four (64) or ninety (90) gallon Green Cans (or such other sizes as may be designated from time to time by Collector 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 an additional charge per bag or bundle, provided that such customer has 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 customer during the call that the customer makes such request. 2) Twice-Per-Year On-Call Single-Family Residential Curbside 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-Family Unit Residential Property, Collector shall collect and remove from each Single-Family 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 length, 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 5.B(1)(a) of this Agreement, the customer must inform Collector at the time of request that the customer is requesting his or her twice-per-year free curbside collection. Collector shall inform customers of the twice-per-year free curbside collection option through its newsletter and its website. 3) Christmas Tree Pick-Up. At any time commencing the week after 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 five (5) feet in length or, if longer than five (5) feet, are cut into two (2) or more substantially equally sized sections no longer than five (5) feet in length each, and (ii) all ornaments, tinsel 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 Commercial Property, with each component treated as residential or commercial in accordance with the terms of this Agreement. 5) Town Functions and Operations. a) General Collection of Solid Waste. Collector shall 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 commenced, 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 reasonably acceptable to Collector, with the exception of collection from 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 5.B(5)(a) shall be considered Non-Allowable Costs under the terms of this Agreement. b) Storm-Drain Cleaning 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 Collector to its personnel for the first fifteen (15) hours of providing the services described by this Section 5.B(5)(b) for each calendar year shall be considered Non-Allowable Costs under the terms of this Agreement; all costs of Collector after such fifteen (15) hour limit per calendar year shall be Allowable Costs. c) Debris Boxes. Collector shall annually provide and service, at no cost to Town, all debris boxes at the Tiburon Corporation Yard, in whatever sizes are requested by the Town, provided that such sizes are reasonably 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 Town an unlimited number of debris boxes for Town's operations and activities, as Town may request. Collector's costs of providing the services described by this Section 14 53(5)(c) shall be considered Pass-Through Costs under the terms of this Agreement. d) Street Sweeping. Subject to adequate parking regulations and enforcement by the Town to facilitate such services, Collector shall perform street-sweeping services within certain designated areas of Town as set forth on Exhibit E. Street-sweeping services shall be performed monthly, as set forth on Exhibit E, except that the downtown area specified in Exhibit E shall be swept twice per week. All of the salary payable by Collector to the operator of the street-sweeping vehicle (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 5.B(5)(d) shall be considered Pass-Through Costs under the terms of this Agreement. e) Portable Toilets. Collector shall provide portable toilets at Town locations and functions from time to time as designated by Town. The Collector's costs of providing services under this Section 53(5)(e) shall be considered Non-Allowable Costs under this Agreement except as follows: In the event that the annual cost ofproviding the services described by this Section 53(5)(e) exceeds $10,000 (hereinafter referred to in this Section 5.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 5.B(5)(e) as the "adjusted base amount"), that portion of such cost exceeding the base amount or adjusted base amount (whichever is applicable) shall be considered Pass-Through Costs under the terms of this Agreement. f) 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 Town or its contractors from 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 53(5)(f) shall be considered Pass-Through Costs under the terms of this Agreement. 6) Pick-Up of Illegally Dumped Items. Collector agrees to provide, at Town's request, pick-up of illegally dumped Garbage 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 5.B(6) shall be 15 considered Non-Allowable Costs except as follows: If the annual cost of providing the services described by this Section 5.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 terms 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 may be collected 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 Hazardous 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 provided under this Section 5.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.m. or continue after 5 p.m. Saturday each week. Staging activities for residential and commercial collections may 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), Collector 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 5.C(1). 16 2) Conduct of Business. Collector shall conduct its Solid Waste collection business in Town in compliance with Section 7 of this Agreement and in accordance with good business practices and methods customary in such line of business, and shall receive, collect, remove 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 20) gallon can with a tight-fitting lid and not exceeding sixty (60) pounds loaded weight. Collector shall provide prompt, 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 of 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 of this Agreement. 2) Collector shall be obligated to collect, remove 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-payment 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 on the next regularly scheduled collection day. 3) Collector may discontinue service to any Commercial Property that is in arrears in the payment for services fifteen (15) days following written notice to the commercial customer of such non-payment, which 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, provided Collector has also 17 notified Town at least seven (7) calendar days in advance of the date of discontinuance. Upon payment of all delinquent fees, Collector shall resume collection at such Commercial Property on the next regularly scheduled collection day. 4) In the event that Collector pursues a customer for non-payment of any lawful debt owed to Collector for services rendered to such customer pursuant to this Agreement, Collector shall be entitled to recover from such customer not only the amount of the unpaid debt, but all costs incurred by Collector in recovering said sum, including Collector's attorheys' 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 from 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 the Property of its discontinuance of service in accordance with Section 5.1), 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 Town a copy of all notices provided by Collector under this Section 6.13. 18 SECTION 7. COMPLIANCE WITH LAWS AND REGULATIONS. A. Collector warrants that it will comply with all applicable federal, state and 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 performance 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 Integrated Waste Management Act of 1989, and all other applicable laws of the State of California and the County of Marin, and all ordinances of Town 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, national origin or other prohibited bases. 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 damage occurs in connection 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 later than within two (2) days after each Accident. Collector shall promptly 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 FOR NON-PERFORMANCE. If Collector 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 Collector shall comply with this Agreement) or regulations referred to herein, or defaults under any provision of this Agreement, 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 of factual circumstances of such failure or default, by the Town Council of Tiburon, then, after a hearing upon at least ten (10) days' prior 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 terminate this Agreement, which termination shall be effective no earlier than ninety (90) days after written notice to Collector of the Town Council's decision to terminate for non-performance. 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:X111: 1) Workers' Compensation insurance to cover its employees, and Collector shall require all subconsultants similarly 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 subcontractors or subconsultants), vehicle coverage, products liability and employers non-ownership liability 20 coverage in an amount no less than $5 million combined, single-limit personal injury and property damage for each occurrence. The completed operations and product liability insurance shall continue for not less than three hundred sixty-five 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 all liability arising out of the operations by or on behalf of the named insured, and this policy protects the additional insured and its officers, agents and employees against liability for personal and bodily injuries, deaths, or property damage or destruction, arising in any respect, directly or indirectly, in the performance 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 afforded shall apply as though separate policies had been issued to each insured. c) The insurance provided herein is primary and no insurance held or owned by Town 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 automobile liability insurance coverage in at least the following amounts and naming Town an additional insured (and containing the endorsements described in Sections 9.A(2)(a) through (d) above): $10 million 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 December-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 protection for both Town and Collector. B. Upon the execution of this Agreement, and annually thereafter, Collector 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 related 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 annually on July 1 by the most recent annual December-to- December percentage change in the CPI. I 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 time and in the manner 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 109 (i) to perform, or under agreements with third parties cause to be performed, such services itself with its own or other personnel 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 Equipment"), 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 shall 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 10.A. In addition, Collector shall submit to Town a current version of this list within thirty (30) days following Town'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, or other premises to the extent necessary to access and use the Subject Equipment. B. Notice of Collector's failure, refusal or neglect to collect, transfer, transport and dispose of Solid Waste may be given orally by telephone to Collector at its principal office and shall be effective immediately. 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 103 shall not be effective to trigger Town's rights under this Section 10. C. Collector further agrees that in such event: 1) It will take direction from Town to effect the transfer 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 to the extent of personnel specifically utilized in providing services under this Agreement within twelve (12) months 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 assumes complete responsibility for the condition, operability, legal compliance, and functioning 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 10.1), Town agrees that it assumes complete responsibility for the proper, normal and lawful use of the Subject Equipment while in its possession. Accordingly, Town shall protect, defend with counsel reasonably acceptable to Collector, indemnify and hold harmless Collector, its officers, shareholders, employees and agents from and against any and all losses, liabilities, fines, penalties, claims, damages, or judgments, including attorneys' fees, arising out of or resulting in any way from Town's use of the Subject Equipment 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 Collector 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 Collector; 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 Town officers, employees and agents in the operation of collection vehicles during the time Town has taken possession of such vehicles 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 manner and to an extent as would otherwise be required of Collector under the terms of this Agreement. Such reimbursement shall be made from time 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 determining 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 Agreement, whereupon Collector shall be bound to resume the same. Town's rights pursuant to this Section 10 to retain temporary possession of the Subject Equipment, and to render collection services, shall terminate as soon as Town is able to reasonably determine that such services can be resumed by Collector, or when Town no longer reasonably requires such facilities or equipment. In any case, Town has no obligation to maintain possession of Collector's property or continue its use for 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 Equipment to Collector as soon as it can reasonably determine that Collector is able to resume services. Town shall keep Collector informed of the results 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 resume the Solid Waste services upon such return of the Subject Equipment. 1. 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 notice being given of a public hearing before the Town Council at which 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 shall be terminated, the date that the termination shall take effect shall be five (5) calendar days after the date such determination is made. The Town may not exercise the termination 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. Collector 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 Garbage 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 Section 11 is intended to or shall be construed to create a cause of action against Collector by any customer of Collector. B. Collector shall not market or distribute, outside the normal course of its business, mailing lists with the names and addresses of its customers. 25 SECTION 12. HAZARDOUS SUBSTANCES INDEMNIFICATION. Collector shall indemnify, defend with counsel selected by Town, protect and hold harmless Town, its officers, agents and employees (collectively, "Indemnitees") 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 indemnity) (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 negligent 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, stores or disposes of Garbage, Green Waste or Recyclables collected under this Agreement or (ii) Hazardous Waste relating in any way to Collector's performance of this Agreement. This indemnity afforded Indemnitees shall only be limited to exclude coverage for intentional wrongful 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 harmless and indemnify Town from liability. SECTION 13. FRANCHISE AND OTHER FEES. A. Collector agrees to pay to Town an amount equal to fifteen and one-half percent (15 V2%) 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 1, 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 effective 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 the 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 thirty (30) days prior to the first (1St ) day of the calendar quarter in which 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 same percentage 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 decrease in Base Rates shall continue until the next adjustment to Base 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) shall also become effective. 3) Each quarterly remittance of the Franchise Fee to Town shall be accompanied by a statement showing Gross Receipts for the period covered. Collector shall maintain copies of all billing and collection records for three (3) years following the date of billing, for inspection verification by Town at any reasonable time upon 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 Agreement, 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 consultants, 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 may 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 required 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 money to the Joint Powers Authority to participate in and take advantage of the Joint Powers Authority'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 quarterly to Town 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 Collector's actual costs in collecting all fees required to be 27 paid by Collector under this Section 13.C 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 preparing 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 will continue to incur expenses for implementing the programs in the SRRE and the HHWE and administering 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 quarterly 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.C and 13.D above, or other costs incurred by Town in connection with this Agreement 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 (1St) of each month, Collector shall remit 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 July 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 given year per Section 13.H. 28 G. In the event that the fee in Section BY exceeds $6,000 in any Rate Year, however, that portion of the fee exceeding $6,000 shall be considered Pass-Through Costs. If the fee becomes effective on July 1 and notice -of such fee-taking effect was provided by March 1 in accordance with the second sentence in Section 13.17, then that portion of such fee in excess of $6,000 shall be considered in the Collector's determination of Pass-Through Costs under Section 16 of this Agreement for the Rate Year commencing July 1. H. This Section BE is applicable when the Town gives notice of an increase in fees or setting of new fees under Section 13.C, 13.5, 13.E or 13.17, 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.C or 13.1), or increases the portion of the fee payable under Section 131 in a manner that increases the Pass-Through Costs of Collector under Section 13.G, and such additional fees or increase takes effect on any date other than July 1 of the next Rate Year with notice having been given to Collector on or before the immediately preceding 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 automatically 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 following 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 increased 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 contemplated 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 supplemental 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 costs added as a Pass Through Cost to the adjusted Base Rates by no later than fifteen (15) days after Collector sends the supplemental billing. 29 1) Example 1: As an example of this Section 13.H, the following would apply: If Town gives notice on December 15th to Collector that it will be establishing a new fee under Section 13.E in the amount of $1,000 effective February 1St of the following calendar year, then the Base Rates shall be automatically 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 St 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 1St 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 customers a supplemental billing for each customer's share of the increased billing, then such five percent (5%) increase shall take effect on April 1 St 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 amount of the fee as a Pass-Through Cost (and no more) as ofApril 1St and continuing until the next adjustment to Base Rates pursuant to this Agreement. 3) Example 3: As a third example: if Town were to give notice on January 1St 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 1St, then such increase shall take effect February 16th 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 16th and continuing until the next adjustment 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. SECTION 14. EXAMINATION OF RECORDS. A. Collector shall maintain a proper set of books and records in accordance with 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 hereunder, including customer lists, billing records, maps, AB 939 records, and written customer complaints, for the full term of this Agreement, and for 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, to inspect all maps, 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 place of business, but in no event outside the County of Marin. Collector shall further maintain and make available to Town records as to number of customers, total and by type, route maps, service records and other materials and operating statistics in such manner and in such detail as Town may require. C. Should any examination or audit of Collector's records reveal an underpayment of any fee required under this Agreement, the amount of such underpayment 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 amount owed, Collector shall, in addition to paying the amount of the underpayment as provided above, also reimburse Town for the entire cost of Town's audit or examination within thirty (30) days of demand therefor, and said cost shall not be recoverable through rate setting. Should any examination or audit of Collector's records reveal an overpayment of any fee required under this Agreement, 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 Collector. 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 Town for the sole purpose of gathering information necessary to allow Town to ascertain whether income, expenses, assets and liabilities 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 limiting 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 information, and Collector may require Town and its agents to execute a confidentiality agreement as a condition for receipt of such information. 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 information or records, including the results of financial verification, "agency" means any consultant designated by Town or Town employees. 1. 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 concerning said information to Collector. Prior to releasing any information pursuant to this Section 14.1, 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 monitor 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 customers 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 amount of Solid Waste collected therefrom. 32 SECTION 16. RATE ADJUSTMENT AND REVIEW. A. All rates charged by Collector for the services described in Section 5 and 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 this 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 with notice and public hearing requirements under state law or the Municipal Code when rate increases are proposed and considered, as such notice and public hearing requirements may be applicable to rate increases proposed and considered throughout the term of this Agreement. It is the intention of the parties that, no notice or public hearing will be required for any automatic Base Rate adjustments pursuant to the terms of this Agreement (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 Town Council's approval of this Agreement satisfy any applicable legal requirement existing on the Effective Date for formal consideration and/or approval of any automatic Base Rate adjustment made in accordance with Section 16.E(2) or Section 16.E(3). C. Rates shall be established at a level that provides a fair return to Collector. The parties hereto agree that whether or not the Collector 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"' the 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 made under this Agreement to the Franchise Fee or other fees as may be permitted under Sections 13.A(2) or 13.1-1, or to the applicable CPI as provided below) will not provide a fair return to Collector, it may make an application to Town (a "Base Rate Change 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 for 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 immediately 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 Fiscal Year. 2) With respect to each of the two (2) Rate Years immediately 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 or 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. Collector 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 two percent 2%), the Collector may 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 1. If the applicable CPI for Base Rates during Year 2 is three percent (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. Alternatively, 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 Application under Section 16.E(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 permitted 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 this Agreement shall be considered both reasonable and a fair return to Collector under Section 16.G. It is the intention of the parties that the Town Council's approval of this Agreement satisfy any applicable legal requirement existing on the Effective Date for formal 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.C 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 effective at the same time as the commencement of any additional or modified services under Section 4.C. F. Any Base Rate Change Application shall contain the following information or materials: 1) Audited financial statements and supporting documents showing, in detail, the revenues, costs and allocations upon which Collector seeks an adjustment in rates and that demonstrate compliance with the principles specified in Section 16.1-1 below; 2) Audited financial statements showing, in detail, the revenues, costs and allocations of Collector's Fiscal Year immediately prior to the Rate Year for which a rate adjustment is sought and statements showing projected revenues, costs and allocations for the subsequent Fiscal Year of Collector immediately 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 sections 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 16.1-1, below. The balance sheet shall be prepared in accordance with generally accepted accounting principles and shall include statistics and data 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 relating to the operation of Collector 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 Collector are fully justified; 6) If not included in the materials described in Sections 16.F(1) or (2), above, detailed descriptions of the allocations Collector utilizes in spreading the costs and revenues of its operations between the various agencies it serves; and 7) Such other information as may be reasonably necessary, in Town's opinion, to explain or 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 requirement 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 Margin Method"), or that are established through CPI adjustments pursuant to Section 16.E(2) or 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 acknowledge, 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 return 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 result in lower than a ten percent (10%) margin of profit; provided, however, that Collector shall be provided a margin ofprofit 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 or proportionately (as used in this Section 16.G(1) "proportionately" shall mean any allocable portion of Collector's indirect costs that may be fairly attributed to the performance 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 performing its obligations under this Agreement, excluding Pass-Through Costs and costs designated as Non-Allowable Costs herein. Notwithstanding anything to the contrary stated herein, the following shall be considered "Non-Allowable Costs" for ratemaking purposes. Furthermore, the following list is not an exclusive listing of "Non-Allowable Costs" and the parties hereto acknowledge that in connection with future rate- setting proceedings, Town may determine that other costs not listed immediately below shall not be allowed for rate-making purposes; provided, however, 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 determination of a fair return under this Section 16.G, does not cause 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 or directors of Collector (excluding any amounts paid to a pension, profit- sharing or similar plan) that exceeds, in the aggregate, $539,472 in the Fiscal Year ending on December 31, 2010, 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), entertainment expenses, and travel expenses, in each case unless authorized in advance by Town. c) Payments to repair damage to property of third parties 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 5.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 penalties and provides written 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) Federal or state income taxes, except that portion of payroll tax that is considered a Pass-Through Cost under Section 16.G(2). f) Charitable or political donations. 37 g) Attorneys' fees incurred by Collector in connection with this Agreement or ratemaking applications submitted 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 Agreement (or if primarily 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 Solid 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 claims. 0) 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 months 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 time 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 Agreement, 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 transfer 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 shareholders' 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 of the requirements of the company's "safe harbor" portion of its retirement plan) shall be considered Non-Allowable Costs. n) The first $5,000 in costs, in any calendar year, incurred by Collector in collecting illegally dumped garbage as described in Section 5.B(6) (with any amounts over such amount in a calendar-year period to be an Allowable Cost). o) The costs incurred by Collector that are designated Non- Allowable Costs within Section 5.B(5), including each of its subsections, and Section 5.B(6). 2) The following shall be considered 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 related to, connected with, or arising out of, Collector's sole or active negligence, willful misconduct or failure to comply with any other section or provision of this Agreement; or ii) any amounts that are reimbursed to the Collector or paid directly by the Collector's insurer (including 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 Authority pursuant to Section 13.C (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 Town pursuant to Section 13.A; f) 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 under this Agreement, shall be governed by the following principles : 1) Rate calculations shall be based upon all revenues received from, and expenses incurred by, Collector's performance of Solid Waste services 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 Collector. 1. The costs and fees Town incurs in analyzing and reviewing any Base Rate Change Application submitted by Collector shall be reimbursed to Town 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 amounts) and all unanticipated 40 cost savings garnered (by source and amounts) during the immediately preceding Fiscal Year, irrespective of whether Collector applies for a rate adjustment. Town may require, in the exercise of its reasonable judgment, other information from Collector in order to allow Town to determine whether and to what extent Collector's rates are fair and reasonable in relation to Collector's costs and revenues, irrespective of whether Collector applies for a rate adjustment. K. The failure of Collector to seek a rate increase in accordance with one of the methods described by Section 16.E for any given Rate Year forever 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 request that requires Collector to establish that the rates it is charging are fair and reasonable and otherwise conform with the terms and conditions of this Agreement. 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 compliance with this Section 16.L. Town shall be entitled to retain those experts 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.L shall be an Allowable Cost for rate-making purposes. In the event, after its analysis of Collector's 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 that 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 Allowable Cost for rate-making purposes. In order to properly examine Collector's Base Rate Change Application, Town shall be permitted to review all books and records of Collector relevant to the Base Rate Change Application, as determined by Town exercising its reasonable judgment. N. After receipt of a timely 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 object and hear any objections that 41 may be made to the requested rate adjustment. In its regulatory capacity, 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 Council to object to a rate- adjustment application, the rate adjustment sought by Collector may not be established. All hearings on rate adjustments shall be concluded by the effective date of the rate adjustment (July 1), unless the Town Council shall extend such time. In any case in which rates are established at a public hearing that has been 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 commencement of billing under the new rates) into account, so that Collector will receive a fair return in accordance with the terms of this Agreement at all times. SECTION 17. BILLING. A. Collector shall, at predetermined 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 statement of account for services. 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 shall 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 the 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. Collector shall commit its best efforts toward complying with the same. Collector shall provide Town with monthly information regarding all Garbage, Recyclables and Green Waste tonnage 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 submit to Town information and reports required by Town to meet its reporting obligations imposed by AB 939 and applicable regulations, in a manner approved by Town. 42 B. The refusal, failure or neglect of Collector to file any of the reports required or to provide required information to Town (in each case as required by Section 18.A immediately above), or the intentional inclusion in any such reports or information 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. ASSIGNMENT. 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 transferred, 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 may, without the consent of Town and without paying a Franchise Transfer 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 Collector; (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 to an assignment or change of control may be withheld if, inter alia, 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 assignee; 43 b) The character of the legal entity owning or controlling the assignee, and the names, addresses and telephone numbers of all principals, partners or shareholders thereof, as the case may be; and c) A copy of any and all purchase and assignment agreements containing, at a minimum, 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 sufficient evidence, to be qualified, by financial condition, background and experience 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 cannot 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 term "assignment" 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 not a shareholder on the date of the execution of this Agreement. 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 not 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 employee 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 shall constitute a material breach of this Agreement. 44 F. Except as provided in Section 19.A of this Agreement, in the event Collector attempts to assign this Agreement under this Agreement without first obtaining the written consent of Town, which consent shall not be unreasonably withheld, conditioned or delayed, Town shall have the right to elect to terminate this Agreement forthwith, 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 Town with the right to elect to terminate this Agreement 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 property 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 Agreement. 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 purposes. SECTION 20. FURTHER 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/or restated agreement), amended or modified agreement, or amendment or addendum to an existing agreement (hereafter referred to collectively in this Section 20 as "agreement") for collection of Garbage, Recyclables, or other forms of Solid Waste as defined by this Agreement with any other municipality or unincorporated area of any county (hereafter "other public entity"), the parties agree that the following provisions shall apply: 1) If the agreement entered into by Collector with the other public entity provides any service to such other public entity that is not provided to Town under Section 5.B(5) or 5.B(6) of this Agreement, then Town may elect to receive the same service; provided 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 determining a fair return under Section 16.G of this Agreement; and 2) Any election made under this Section 20 shall take effect on July 1 of the Rate Year immediately following the Rate Year during which the Town has provided 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 responsible 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 such 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, from 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 conformance with Town's Municipal Code provisions applicable thereto. SECTION 22. SERVICE EXCEPTIONS; HAZARDOUS WASTE NOTIFICATIONS. A. The parties hereto recognize 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 providing 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 such 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 collected from any customer, Collector shall, if requested, notify its customer why the collection was not made. C. Collector has represented to Town that Collector will carry out its duties to notify all agencies with jurisdiction, including the California Department of Toxic Substances Control and local emergency response providers, and, if appropriate, the National Response Center, of reportable quantities of Hazardous 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 observes any substances that it or its employees reasonably believe or suspect to contain Hazardous Wastes unlawfully disposed of or released on Town property, including streets, storm drains or public rights of way, Collector also shall immediately notify Town 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 of pursuant to this Agreement, for the purpose of discovering, identifying and refusing to collect, transport and dispose of Hazardous Wastes or Materials. 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 equivalent 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 communication with the public at Collector's principal office, which shall be located at 112 Front Street, San 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. Collector shall record all written complaints (including date, name, address of complainant and nature of complaint). Collector agrees to use all commercially reasonable efforts to resolve all complaints (whether written or oral) by close of business of the second business (waste collection) day following the date on which 47 such complaint is received. Service complaints may be investigated by Town Manager or Town 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 complaint 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 "government liaison person" who shall 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 may 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 problems 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. INDEMNIFICATION. A. Indemnification of Town 1) Collector shall defend, with counsel reasonably acceptable to Town, and indemnify 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 counsel 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 the 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 misconduct of Town or its officers, employees, agents or contractors, or to Collector taking or not taking action at the direction of Town, over the written 48 objection of Collector. For purposes of this Section 24.A(2), Collector shall not be considered a "contractor" 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, damages and liabilities arising therefrom, brought to enforce or to challenge this Agreement and/or Collector's exclusive rights granted hereunder, including any alleged violation by Town and/or Collector of any federal, state or municipal law,' statute or constitutional provision, or other cause. Notwithstanding the foregoing, Collector's obligations under this Section 24.A(3) extend only to actions brought against or by persons or entities not parties to this Agreement. B. AB 939 Indemnification 1) Without limiting Section 24.A and in addition thereto, Collector shall defend, with counsel reasonably acceptable to Town, indemnify and 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 thereunder if said failure 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 Town in order to comply with AB 939. 2) Upon the request of Town and passage by Town Council of a resolution 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 amendments and successor legislation, or all regulations and rules 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 amounts from customers on the regular billings and remit collected amounts quarterly to Town in the same fashion and subject to the same terms and conditions as the Franchise 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) Notwithstanding anything stated to the contrary by this Section 243, the obligations of Collector to indemnify Town under this Section 243 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 243 be 49 construed to not be inconsistent with state law and be construed in a manner that this indemnification obligation be applied to the fullest extent permitted 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 performance 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 amendments 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 16 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 concerted 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 collection 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 rates. After said thirty (30) day period, Collector shall resume collecting Solid Waste in accordance with Section 53(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 other party notice of the facts constituting such cause and asserting its right to excuse under this Section 26. 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 period of seven (7) or more consecutive working days, Town may nevertheless 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 shall govern this 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. District Court, exclusive venue shall lie in the Northern District of California. 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 Agreement 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 developments as zero-waste hauling, new recycling programs, or more efficient Solid Waste collection technologies, upon notice being provided by either party in the manner required by Section 27.1) 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 remedies. 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 prgvided, all notices required or permitted to be given under this Agreement shall be in writing and shall be personally 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) 43 5-243 8 Email: pcurrangci.tiburon.ca.us Copy to: Director of Administrative Services Assistant to Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Fax Number: (415) 435-2438 Email: hbiag_ll(a~ci.tiburon.ca.us And to: Town Attorney Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Fax Number: (415) 43 5-243 8 Email: adanforthgci.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 Email: jiavarone(a,millvalleyrefuse.com 52 Copy to: Mr. David Della Zoppa Mill Valley Refuse Service 112 Front Street San Rafael, CA 94901 Fax Number: (415) 457-3003 Email: davedzgmillvalleyrefuse.com or to such other address as either party may from time to time designate by notice to the other given in accordance with this Section 27.D. Notice shall be deemed effective on the date personally served, 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 unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Agreement. F. Exhibits Incorporated. Exhibits A through E are attached to and incorporated in this Agreement by reference. G. Joint Drafting. This Agreement was drafted jointly by the parties hereto. H. Recitals Part of Agreement. The recitals contained on pages 1 and 2 of this Agreement are hereby incorporated by this reference and shall constitute part of the terms and conditions agreed to herein. 1. Survival. The following sections shall survive the termination or expiration of this Agreement for such periods as are indicated by the relevant statute(s) of limitations: Sections 7. 121 14, 24 and 27. J. Representation on Authority of Parties. Each person signing this Agreement represents and warrants 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 herein and otherwise perform in accordance with the terms of this Agreement, and that all necessary municipal actions have been taken to approve the execution and performance of this Agreement. Similarly, Collector represents and warrants that it has the corporate power to perform its obligations hereunder, and that all necessary corporate actions have been taken to approve the execution and performance of this Agreement. 53 K. Headings. 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-Party Beneficiaries. This Agreement has been made and is made solely 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~y. 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 inclusive 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 limit 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 could reasonably fall within the broadest possible scope of such general statement, term or matter. The words "hereof," "herein," "hereunder" and similar terms in this Agreement 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 Agreement shall include the corresponding masculine, feminine, or neuter forms. N. Counterparts. This Agreement may 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 hereto may execute this Agreement, 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 the 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 other to detach and combine 54 original signature pages and consolidate them into a single identical original. Any one of such completely executed counterparts shall be sufficient proof of this Agreement. intentionally left blank; signature pagefollows] 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 by Margaret ' . Curran, Town Manager Seal) APPROVED AS TO FORM: by ( ~ David Bi ~/A'io, P ident by ji es ~Ilavarone, Secretary Seal) APPROVED AS TO FORM: Ann Danforth, Town Attorney Attorne fo Mill alley Refuse Service, Inc. Signature Page Exhibit A Schedule of Rates Exhibit A TIBURON 1:ft:'i..I:~~!~Il~, r•:i,l ~ti:. ..il.rlll~,1 Flatl ,Area:.:: ,.,~fi•:I~i~~l. Base Rate Recycling Rate Monthly Rate Quarterly Rate of Cans 11 Pick Up 26.73 4.36 31.09 93.27 1-20 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 92.14 276.42 3-32 Gallon 116.03 4.36 120,39 361.17 4-32 Gallon 45.14 4.36 49,50 148,50 1-45 Gallon i't 'tGE I' t I ' IG'.i ;Ilitii:il::' ~t t r.:4:Lc::,; ~ .r I Base Rate Recycling Rate Monthly Rate Quarterly Rate of Cans 11 Pick Up 32.45 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 _ V 87.78 4.36 92.14 276.42 3-32 Gallon _ 116.03 4.36 120.39 361.17 4-32 Gallon _ 144.34 4.36 148.70 446.10 5-32 Gallon 55.09 4.36 59.45 178.35 1-45 Gallon of Cans/2 Pick Ups 73.18 4.36 77.54 232.62 1-32 Gallon 117.00 4,36 121.36 364.08 2-32 Gallon M 173.66 4.36 178.02 534.06 3-32 Gallon _ 230.29 4.36 234.65 703.95 4-32 Gallon 6MA r„ "•Um:IIIIaII:,,,.,!r.I::n:..n:, : II•~ nq; :.li!irl:ii'"unr'punn'dl"?i,,4 : I .r.;,. , it,. E.•, h ''s''?p,..I' dl tl r ,f 'i t. rHilarita:A artmts .1.:ruen1..P..:,.,.t:,,::.; Base Recycling Monthly Quarterly Rate* Rate Rate Rate # of Cans 11 Pick Up 27.17 4.36 31.53 n/a 1-32 Gallon - Flat Area 33.72 4.36 38.08 n/a 1-32 Gallon - Hill Area I. i'::I:. ,I.,:til Ijili t: I I I': I, 1.,.::. ! l" i~t! 1,,,II~;Ii:.1:,~11., I• 'i;~ ,.,.1:::1. i : . 'I i li t..{:. !.r'' :ac men, Base Rate* Recycling Monthly Quarterly Rate Rate Rate # of Cans 11 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 - Hill Area TIBURON r . 1_.1 I 1 „L p.t; e , c , I ~+ilJ'`• ' - ! 51, ! ,~T*'t'.. 1' j + ' , 1' 1: i `,t) 4 t , j itfjl,.~Il~+'~_' 1{' i ,ti,. i,1 fE {i; i ! I ! lJ '.(t•. I t.! r. t f t 'Lili;TWt~JI l (t r a L~ EV1!"\Lt~, ::::~:Iljl " t I • ~it 1 jj{}` r t „tJ" (1 It ,r j j I Il1 !..'J1 1 ` i ` ` .~i1:iilfSli~ilJ ` •tu sl , e r,.. r:r ilrl •:Il':;:'.. rt'- 1 1!"':.... i' .'''4i: II;.I..., ' I,i!I I { ' 'I1 , tIJ •I,. I •r:........1 ~ • ,It I.I:,r:+.ri :I II•II;I;~ Il'~I }1,111illlli,l!I. ! •..!;.:II, (.,,IJ!! I!II!!I..: fEtt,:r.. •<I::• ,:IcIJ•.II„t't•: gill{I{I'I tl + : I~; : ~ :r1:.:1;1,,,:: :.I., .,I .Yard.!Containe'rtll,l:: (I.: :J Base Rate Recycling Rate Monthly Rate Container Rental of Pick Ups 127.22 16.95 144.17 22.66 1 Pick Up 254.51 33.94 288.45 22.66 2 Pick Ups _ 381.81 50.87 432.68 t 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 is 763.60 101.82 865.42 22.66 6 Pick Ups 32.47 per yard extra trash charge I r t:. .I ! rr,;iriI:I:I+,,. ,1. , I. I'I.:I: '•,.....r. i' .:JIr. I : I.t.. ;{s,tclsr•I:I;;.,;..::..;';:., r:,::i ::~Ii..i•'!.~...!:;:. : i.ll! t~:[II.•:: • II. I' :.?:t I . ' I.,:'I.... ,t r 1,: I !1 rI..II;I!::.. r:..lr'I..I II;'iil! Ir. Il,r••;'; t::! I . • i:::ll : ~,!J:;:.iiiil.l;!i:2 Yard Contain i ;llI.:.:iii I~ Base Rate Recycling Rate Monthly Rate Container Rental 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 T 763.60 101.82 865.42 39.10 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 17527.16 203.67 1,730.83 39.10 6 Pick Ups 32.47 per yard extra trash charge r.:::,., ! i,!;I ;1V:1:'I i~~' " 1,.,~:II!,I,!dtlit,!II.1!I,,.;;...,I•:.. Illi , : I~:~ :;I::f:•:l:r(I!+i+{.;J1!1~J!1.', I•.I:. ,riC.o.mmerciial.rrashr:.,•i;'III::rll;ll,.,rllll:,lr..,...._: ,::::,;::::r:r,r,l,:,rs.,,,,-r!.......... ::I:,i~ J.....ltNiJlltiJS<i;:: t,t::=:: "I; l,,,,,,.,,.r,,,.•r.,.;,..1' Base Rate Recycling Rate Monthly Rate Container Rental # of Cans/1 Pick Up 43.62 4.36 47,98 n/a 1-32 Gallon 57.15 4.36 61.51 n/a 1-45 Gallon c::: ,riirl!t"I„I, ' ~;!ll:lt. r :;:::'I' ,I,:j,tJ•• I': Il:i:!~!Ih: , : :;1':.!!111!11 tl'I,...Il;r!t:li,,r r5.1. I :11 Il , t i I: ,t.: •.::'I. r..,!' it...II Com adtor.Rate! er'I! 'aTd:II , I: I:..r s.r 1 1 . .:rPII.,,,, rrr:,.:,,.,~PI::.r.I..•Y::. ~:'li~•,ilii:i;,r Base Recycling Monthly Container 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: $100 per ton. r l III! .1111 lr... .I ..I::.r.:•,. I,,,,:,,, t; rl:`~ ;li ! I 1 I I I I l 1t,t ,t!.; ,flit{;1111i)lh`IS• t{i-eG~aL Co mer I' tca tlli",I ! i:,: I+Iit 1, +Ellllt::l,Ii'iII1111+I; 'tr 1`'!Sa#u da: ServI ,rl II , i 1 I I Ilrr, Saturday Recycling Monthly Container Base Rate Rate Rate Rental of Cans/9 Pick Up 190.84 25.44 n/a n/a 1 Yard Container - Saturday_ 381.77 50.92 n/a n/a 2 Yard Container - Saturday gag a Oman O O o 0 0 o O O O O 0 0 0 0 0 0 0 0 0 0 C)N 0 0 00 O O 00 CC)O N O E Lo CO 00 Lo u-)N 0 E 00 r-a)0 V r CO UCH r-M Uf)U r It CO CO C)a r=a r- 619-60,69 61}69.693 69 69 6l-619- C)0 0 0 0 0 O O O O C?0 0 0 0 0 0 C?0 0 0 0 O r'co O 0)r-M I---V)r- N O 00 I`N co I`Cfl O r- C r-M It O CM It C r-CO CO N C)0 0 r-U U 69 p6r 6P}69-09 6c)-69-69-69- C)0 0 0 0 0 O O O O co O 0 0 0 0 Cl Cl Cl Cl O Cl M O N LO CO It N co cooOM00UnOOOC.0 co C.0 co N E r-N It O N It E r-M LO r- a a 69-Eft 60.60.60-09-69 69.69-69- v O o 0 0 0 0 0 0 0 0I 0 0 0 0 0 O O O O o 0)00 CO r~o 00 m 194-00 N N ti CO I`0o M m Un N Ufa 0NOdrNd'00 N d'O O r-M U,)r- ti Q O Q O r- 69.69-69-69-60-69-y 6g 69-6,}6)- 0 0 0 0 0 0 0 0 0 0 E 0 0 0 0 0 C) O E 0 0 0 0 O L ti CO r-Cy)1.4-O O co 4 I`r- o f-a u-)M tt r,Lo m x L O a 00 O Lo r- M LO O M Un O r-M CO M X O m 6~3 69-Ef}64 69-69-N m 69-619-69.61-} m c)O°o 0 o C) 0 O 0 O 0 O 0 O00LCDQ)CA 6 CY)r-0 d 06 1`0 0 m N O"O 00 r-C.0 II UC)CO O T- N r 3 M d'CA M CO CO N L r-0 ti N 09-t}69.a 69-ca v to 69-69-64 L 0 0 0 0 0 0 O O O O 0 0 0 0 0 0 O O O O 0 q EtMd0tO r O Un r N a)r-M Un O M U)CD r-CO CO CO a)a r=CD a r= a 69-69)-6g 619-6f}v 69-69.64 6g 0 0 0 0 0 0 i O O O O00 o a>c0 N co Un r-N as Un O 4 P-o E M O 00 f`N I`0 E CO CO O ONdMmmd-4 r-M CO N a a r= m m 69-69.693 69-60-6e}6g 69.601.60- CD C)C)C)C)CD CD C)C)C) 0 0 0 0 0 O O O O O00 o a) co CN C5 6 4 Lo,U,)O Un 00oMNMv--co E CO 0o co CONCV-co UC)O M d-r M CO N a r-a r- 6r-}61}69-6g 64 64 64 64 61> Ef} t cu C)j5 C3 d`T-d.0Nt N Lo O. 4-- a) L)J o O u cot Ya .S r rEY „ vp N r O LL LL C t:co M. Y p O LL LLON c LO m Lo co Q ,L Uu 0QLLCp , Nd co 0 C p N CO iya~ a c o d CO ~O N 00 CO J m LL P LL LL O o CD 0 LO LO O r- cn a) mLU C 0 cn O pt d C) U-)N E J c a J ~ 2 Z Q~ CD c c~ a~ CD L co U Q O c~ O a~ O L~ O m L O 0 c~ O L N r O C O ca a~ cm L U O L cz 0 N N LL O7 U A U O if O co cn O Miscellaneous Terms and Conditions for Residential Rates Base Rate Base Rate includes trash and compost can service. NIVRSprovides one (1) compost can and one (1) recycling can per customer. Extra compost and recycling cans available at $6.00 per can per month. Apartment/Multi-Unit Residential Rates Apartment/multi-unit residential complexes are defined as multi-unit residential housing with four or more units. Apartment/multi-unit residential complexes that use the available yard/food waste composting service will be charged a rate reflecting the actual amount ofgarbage collection requested, measured in 32-gallon equivalents and applied on a per-trip basis at the applicable 32-gallon, once-per-week rate as shown on the current, approved rate sheet. Apartments/multi-unit residential complexes that do not use the available yard/food waste 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-gallon cans than the minimum of one per unit, :then the applicable once-per-week rate shall be applied to such higher number of32-gallon cans. If the result is a lower number of 32-gallon cans, then the minimum one-can-per-unit charge shall be applied only to those accounts not using the yard/food waste composting service. Equivalencyformula: In cases where 45-gallon cans or 1-yard and 2-yard containers are used instead of, or in addition to, 32-gallon cans, the following equivalency formulas will be applied to determine the total amount of 32-gallon cans deemed collected at that location (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-gallon cans, and each 2-yard container will be considered to hold fourteen 32-gallon cans*. Multiple trips in a week to a single location will be charged a multiple ofthe applicable once-per-week rate. In all cases, a 10% discount offthe base rate will be applied if all units are paid for by the property owners. If 1 -yard or 2 -yard containers supplied by MVRS are used, standard commercial container rental rates will be charged in addition to the applicable apartment rate. Miscellaneous and Extra Charges 32-gallon extra trash can/bag: $ 8.00. 32-gallon extra yard waste can/bag: $6.00 45-gallon extra trash can/bag: $10.00. Customers should call in advance for free quotes on other loose trash and bulky items. Delinquent Accounts If an account is put on "stop service" due to a past due balance, a $20.00 processing fee will be charged in addition to the past due amount to reactivate service. Vacation Holds on Service Accounts may be put on Vacation Hold for a minimum ofthree months only. No administration fee upon reactivation of service. Multiple Cans/Pickups Multiple cans/pickups of quantities listed on the Residential Rate sheet are charged a multiple of the single can, one-time-per-week pick up rate. 2011 Version Miscellaneous Terms and Conditions for Commercial Rates Base Rate Base Rate includes trash and compost can service. MVRSprovides compost and recycle cans upon request. Multiple Cans/Pickups Multiple cans/pickups of quantities listed on the Commercial Rate sheet are charged a multiple of the single can, one-time-per-week pick up rate. Container Rental Fee Rental fee covers all repairs due to normal wear and tear and steam cleaning of the container once per year. Additional steam cleanings during the year are $100 per container per cleaning. Saturday Service There is no special charge 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 ofthree (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 service. 2011 Version Exhibit B Map of Service Areas . Exhibit B Y~ F - ~ ! ~ Ihl Ry I R lh A'~14AM1),.-11. Q.V.• i ~i1 P ~ £ s a.. y~# ~L1F fj fx~ tpa(\ ^ c,ln1 r=C ~Q / iJ-^.I yM1 R Rf 1 .L' •S lµL \ 4 ~MFHrA)M} S 4L 1 V tl11A~ of 1 n 1 r • ~ i L Hrr.NaH(JS~W ~'9Q \ 9f YpN ° I' tr:,r l yt4 r' rr~1 AI f s PaISE "ARAWSiIe: AL +rAl.'r;r; r,Y G` 3 o f F.Uhi r. H 4ICfAN,!6NA•+r•i:. Y 11 t ~ ~ Pyl1 ~ i j J '!J ! 4> ~°''+yr to a • . U nnH J Gl, o-v. rc I AJ:n?R' r,ifJ"hl~ iy i trf ir. r_„ f f ~:r ,,yr V P e ;f 4 / L. it" U PARADISE b ~ . ~Fd \ fn`s. .•--Nrrer.4.i. .Y . R.. ...r r..,. lr. 9 I P , j 1 ri. s l •f^Y: 1 ~ \ f: qyf\ ^6 / ;.`F. f'.ir. i~, ll..n t f 71 th J rnncwS!: `r,`1All f r 01, AI r v i ff.. 1 J . rit w. _ - Exhibit C Form of Required Insurance Documentation Exhibit C MILLV-2 OP ID: NSW CERTIFICATE OF LIABILITY INSURANCE DAT 061151111 PRODUCER 707-796-7180 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Vista International Ins.ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Brokers /Lic. #OF64200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1318 Redwood Way, Suite 250 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Petaluma, CA 94954 Jeff Rosentreter CIC INSURERS AFFORDING COVERAGE NAIC # INSURED Mill Valley Refuse Service,INSURER A: Transportation Insurance Co. Inc. P O Box 3557 INSURER B: Valley Forge Insurance Company San Rafael, CA 94912 INSURER C: National Union Fire Ins. Co. INSURER D: Travelers Cas/Sur Co of Amer INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED ORANYREQUIREMENT MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LM ADD1 INSR1 1 INSURANCE1TYPEOF POLICY NUMBER POLICY EFFECTIVE ATE MM/DD/YYYY POLICY EXPIRATION DATE (MMIDDNYYY1 LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 A X COMMERCIAL GENERAL LIABILITY 4022447447 01/01/11 01/01/12 PREMISES Ea~accureDnce 100,000 CLAIMS MADE I - - I OCCUR MED EXP (Any one person)5,000 PERSONAL 8 ADV INJURY 1,000,000 GENERAL AGGREGATE 2,000,00.0 GENT AGGREGATE LIMIT APPLIES PER:PRODUCTS - COMP/OP AGG 2,000,000 RO-7 POLICY P LOCFJECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 B X ANY AUTO 4015773450 01/01111 01/01/12 Ea accident) ALL OWNEDAUTOS BODILY INJURY SCHEDULED AUTOS Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS Per accident) PROPERTY DAMAGE Peraccident) GARAGE LIABILITY AUTO ONLY - EAACCIDENT S ANY AUTO OTHER THAN EAACC AUTO ONLY: AGG S EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE S 10,000,000 C X OCCUR u CLAIMS MADE 81219715111 01101111 01/01/12 AGGREGATE 10,000,000 S DEDUCTIBLE S RETENTION $ WORKERS COMPENSATION WC ST LIMITS OT AND EMPLOYERS LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT S OFFICERIMEMBER EXCLUDED? Mandatory in NH)E_L DISEASE - EA EMPLOYEE, Ifyes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT OTHER D Employee Theft 105591466 03131/11 03/31/12 Per Loss 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Addl Insured-Town of Tiburon, its officers, agents, and employees are named as an additional insured for all liability arising out of the operations by or on behald of the named insured. Insurance provided herein is primary. Loss Payee applies for Employee Dishonesty. GERTIFIGATE HOLDER L;AN1Ur-LLA I IUN Town of.Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 SHOULDANY OFTHEABOVE DESCRIBEDPOLICIES BE CANCELLED BEFORETHEEXPIRATION DATE THEREOF, THE ISSUING INSURER WILLX OEMN MAIL 30 DAYS WRITTEN NOTICETO THECERTIFICATE HOLDERNAMED TO THE LEFTj8[ftLKD0(KXMX0ftjM AUTHORIZED REPRESENTATIVE G ^Je4j^ ACORD 25 (2009/01) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTHOLDER COPY P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: OB-15-2011 GROUP: 000930 POLICY NUMBER: 0000035-2010 CERTIFICATE ID: 40 CERTIFICATE EXPIRES: 10-01-2011 10-01-2010/10-01-2011 TOWN OF TIBURON NC t 1505 TIBURON BLVD TIBURON CA 94920-2530 This is to certify that we have issued a valid Workers' Compensation insurance policy. in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should 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 the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - DAVE BIGGIO P - EXCLUDED. ENDORSEMENT #1600 - RAYMOND DAMI COB - EXCLUDED. ENDORSEMENT #1600 - DAVID DELLA-ZOPPA VP - EXCLUDED. ENDORSEMENT #1600 - JAMES IAVARONE S,T - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-2004 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2011-06-15 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: TOWN OF TIBURON All rights of subrogation are hereby waived against Town, its officers and employees when acting within the scope of their appointment or employment. EMPLOYER MILL VALLEY REFUSE SERVICE, INC NC PO BOX 3657 SAN RAFAEL CA 94912 B1A,NC) NC PRINTED : 06-15-2011 REV.B-2010) rA K~i ~1, 'The Ill Barn/Dic ' i5 vup DICO Iiq R 17780 FITC111IRVIND, CA 92714 Bond 310: 868012P relnium: $210.00 FRANCHISE BOND SNOW ALL MEN•IY THESE PRESENTS, that we MALL VALLEf~REFUSE SERVICE INC. is principal, and DEVELOPERS SURETY ANA INDEMNITY COMPANY ' Corporation organized under the laws of the State of California, and duly authorised to re business under tuts laws of the State of California, as surety, ae held gird irinly bound unto the TOWN..OF JIBURON..... zt~ste of CaIi£ornia, as Obligee, in the just and full curb or TEN THOUS AND NO/100-- )Jpoll.nrs (8,10,000.00 for :he payment whereof welland truly to be maov, aandnd assicipaljand Surety severalZtysel.vas, their heirs, executor's, adniini8tr s firmly by these presents. THE CONDITION of the foregoing obligation is such, that whereas, the above bounden With Principal has entered into $Franchise tionContract diaposal ofrafuseTfromg6ho- aregi descti.bed Obligee for the collection, t rana pport:s end ending iii said }rsnctiise Contract for tas will more fully appear16ronOpai i,ranchyse Contract on DECEMBER 31, 2002 reference to which is hereby made, his or its. hears, executors, administrators, HOW, TF;L+I`OR);, if the above bounden Principal, and Well and truly lceCp Ruecessors or asslang shah. in all thJ.ngs stand todiabide a e said nd ehiac~ Cortl'rnct on his and perform the convenancs, conditions and agreements all part, to be kept and' perfortned at the time and in the manner h3reinindemnify cande , save harmless respects according to their true intent and meaning, and shall a her shall the said Obligee, its officers and agents, as thereinstipulated, then this obligation bac:ome null and void; otherwise it.stiall be and remain in fall force and virtue. This bond i.a executed s6bject to6be llowing express condition, the fulfillment or which being precedent to any right o recovery hereunder, No,. 1 This bond shall be consideredas one of suretyship only and the right of action :ls given to no one other than ge herein. No. 2 IrreRpective of the terms of the agreement mentioned above, iL 1s agreed by all parties to this bond (the Principal, the Surety, and the Obligee) 'that this bond will be effective 2002 TO DECEMBER 31, 2002 and is renewable by continuation JUNE 16, carti-ficatea for additional periods of one year, such ~ontlnuatiatt cardaysfcna~iaeoinewriking iRu~ied at the option of the Surety, surety agrees to give thirty(30) to the Obligee of either cancellation or its intent not to renew, as provided for in t1le vond. No, 3 Notice of any elai.m hereunder Boon as possible and inr.any event'switltinefifteenB(1~~"rrtt, IRVINE. 92714 dayt3 afterer anything shall. Have come to the notice of the Obligee or any of its officers iad•icatino the possi,blity to claim hereunder, No. 4 Any action to recover loss hereunder shall be commenced by the Obligee in s court of competent jurisdiction within one year after giving notice of possible claim as provided in Condition No. 3 and tlta Principal, shall ba made a party to such action if lie can with reasonable diligence be served with process therein. day of IN WITNESS WBEREOP, we have hereunto set: our hands and seals this -_25TH _ JUNE , 2002, MILL VALLEY REFUSE SERVICE, INC. DEVELOPERS SURETY AND INDEMNITY COMPANY Principal Surety By : : ~~,l-- B = s • thrne l--In-FzictCORINNESULLIVAN, > BOND RIDER DEVELOPERS SURETY AND INDEMNITY COMPANY 17780 FITCH SUITE 200, IRVINE CA 92614 DATE OF NOTICE BOND NUMBER TYPE OF BOND LICENSE # 611712011 868012P ONST CLAS B-AL OTHR Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions agreements, or warranties of the above mentioned bond, other`than stated below. OBLIGEE: Gentlemen: Town Of Tiburon 1155 Tiburon Blvd Tiburon CA 94920 This Rider is to be attached to and form a part of the above captioned bond effective 1213112010 This Rider is on behalf of Mill Valley Refuse Inc understood and agreed, effective from above date, that Increase bond amount from $101000.00 to $100,000.00 Provided, however, that the liability of the company under the attached bond as changed by this order shall not be cumulative. Signed this 17 day of June, 2011 y f PRODUCER: Stephen G._REddie, Attorney-In-Fact Addison York Ins Brks dba dba Vista Intl Ins Brks 1318 Redwood Way Ste 250 Petaluma CA 94954 Exhibit D Solid Waste Collection Equipment Exhibit D EXHIBIT D Day:Service: Garbage Recycle Green Can Monday 3/single man R2/single man*10/single man* 22/single man R8/single man*Rl/single man 29/single man*11 /single man* Tuesday 3/single man*R2/single man*I 0/single man* 18/single man*N Wednesday 3/single man*R7/single man R12/single man 18/single man* 29/single man* Thursday 3/single man*R8/single man R1 /single man I /single man R2/single man*I 0/single man* 29/single man*R7/single man*R12/single man* I 8/single man 22/single man Friday 3/single man*R8/single man RI /single man I /single man R7/single man R12/single man 29/single man* I 8/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 under type of Service are the truck number/number of men working on truck. Truck numbers 3 and 10 are 25-yard trucks. Truck numbers 18, R8 and R7 are 20-yard trucks. Truck numbers 22, R15 R12 and R2 are 18-yard trucks. Truck numbers 28, 11 and 29 are small shuttle packers designed to operate on very narrow streets or long driveways. Designates that this man or men work only part time in Tiburon on that day before moving on to other service areas. Exhibit E Street Sweeping Services Exhibit E M1 Ex1.~6'~t E Xy ! e.'{ ^ t` vTz~ 44 ~ app` _3 Tiburon They Dnwntown area is swept every Monday and Friday` tst Tuesday 1st Wednesday M Apollo R! I lr~ f~lf tit r1; .f!~_tti? . t cs4f{Hi^ Lei _E E?flt';11 i. t vr3)' A~,et iii!o Mu aft, ii Uiv1p,4II M(c rceary Avt! r,3`%t`(f ~1,1 tF..,.1CfiCtq U. A rtt'..(il<i't(1 L~b,:)ciC!S ~.:3'~'1fJlF_a~y (,r•r,{r. J~If~I+"K'hit' ~i; 'Y_.i3~,j-Sf~lt;1~4~ v~!•"f M1 I lir J~vI11!.Irl`.~ 3st Thursday "St Friday Dr Audrey t,f. N Barjolienid,,t+111r~Iflr,~f t . Berke (I. Clof :th~a1, DO Mar I-):, F rL~lll`. yt;::„~;Si..:3 : 2 (:~l<3ralt ':'kf.1'v t,s1111<-irrttl fir Ifif;xI f 2116 Tues(!'a'~ rJ?ir ~fli~ri;?fit : fl a1 1< Mpadowt,ill Rd. of jfit i it"'Iror# i i7) E t 1r>i,,rtt Tai ;trr7rl f? , U-d< ; kr;ia.v E?: c khilf Cyr , P'Allr-K.1 -till- Rd , c3C>±c3 AIi3 ipr;n(e L_n toniov Hill 1-1"(! 1_11q,100af D! HA '-CC Illy 1. :t. 111',AI-JI_iti+~'.e:4!f11 lll)U,-( )tl SIFCl'1';k%"':TAIt1':l fe '1 EXHIBIT 2 1512 Eureka Road, Suite 220, Roseville, CA 95661 | p 916.782.7821 | f 916.782.7824 | www.r3cgi.com Background Every jurisdiction in California retains direct responsibility to arrange for the collection, recycling, and disposal of solid waste in California. Since 1965, the Town of Tiburon (Town) has held an exclusive franchise agreement (Agreement) with Mill Valley Refuse Services (MVRS) for such services, including collection of solid waste, recyclable materials and organic materials for single family residential, multifamily residential, commercial and industrial premises. The current Agreement term was initiated on July 1, 2011 for a 10-year term and was previously extended by 5 years through June 30, 2026. The final 5-year automatic extension (through June 30, 2031) will be effective unless the Town provides written notice of non-extension by June 30, 2021. Purpose The Town engaged R3 Consulting Group, Inc. (R3) in reviewing MVRS’s extension request. In evaluating MVRS’s request, R3 has considered the following: Current services provided: Are the current programs, services, and performance standards sufficient and in alignment with industry standards and best practices? Satisfaction with MVRS’s current provision of services: Is MVRS in compliance with the current contract? Is MVRS’s performance acceptable to the City? How does MVRS’s diversion performance compare to regulatory requirements and surrounding jurisdictions? The current market environment for solid waste collection and hauling operations, locally and Statewide: What are the results of recent competitive procurements and negotiated extensions? Are there other qualified haulers operating nearby that might participate in a competitive procurement process? The current regulatory environment and upcoming regulations: What will soon be required of MVRS under the upcoming regulations? What will be required of the Town? What responsibilities can the Town request that MVRS take on? Customer rates: Are the rates paid by the City’s residents and businesses higher or lower than the rates paid by nearby comparable jurisdictions’ ratepayers? How would MVRS’s rate increase request affect the customer rates as they compare to other jurisdictions? Does MVRS appear to be making a fair and reasonable return? This evaluation was intended to provide information to support the Town Council in answering the question of whether the Town should: Accept the 5-year extension and potentially amend the Agreement to assist in meeting certain regulatory requirements and additional solid waste industry best practices, described herein; OR Decline the 5-year extension opportunity and prepare to begin a Request for Proposals (RFP) process by July 2024; OR Decline the 5-year extension opportunity and prepare to negotiate an amendment to the Agreement that may facilitate regulatory compliance, accommodate solid waste industry best practices, and potentially extend the Agreement. To: Greg Chanis, Town Manager, Town of Tiburon From: R3 Consulting Group, Inc., – Nikhil Tagore-Erwin, Rose Radford, and Garth Schultz Date: May 13, 2021 Subject: Analysis of Extension with Mill Valley Refuse Service Town of Tiburon | Analysis of Extension with Mill Valley Refuse Service – May 13, 2021 Page 2 of 10 R3 has also provided an outline of the actions to be taken should the Town decide not to approve the extension. This includes a tentative timeline for a potential competitive RFP process, as well as the recommended timeline for the evaluation, negotiation and transition process for a potential new hauler, if that is the direction the Town seeks to take. Summary of Findings In summary, our findings are as follows: Overall, the current MVRS Agreement meets industry standards, though some modifications and improvements could be considered. Based upon an assessment provided by Town staff, MVRS’s performance of the requirements in the Agreement is satisfactory. Diversion performance is adequate. The solid waste hauling market’s appetite for bidding on new contracts, given prevailing uncertainty, is low, and resulting competitive bids tend to be high. Regulatory requirements are increasing, and MVRS has effectively assisted the Town in complying with prior regulations. The Agreement also requires MVRS to meet regulatory requirements. The Town’s rates are in keeping with the average of surrounding jurisdictions’ rates. The annual rate adjustment methodology, while allowing for more frequent cost-based rate adjustments than the industry standard, does provide for CPI based cost-controls while providing a reasonable return to the hauler. Adjustments to this methodology could be considered as part of an amendment to the Agreement. The Town receives more additional services included in their rates than the surrounding jurisdictions. Tentative Next Steps R3 has prepared a brief timeline covering the actions that will need to be taken depending upon the Town’s decision on extension. If the Town chooses to take no action, the current Agreement will be extended by 5 years ending June 30, 2031. In that case, R3 recommends that the Town should consider an amendment to the Agreement to facilitate regulatory compliance depending upon the results of its regulatory compliance planning effort. If the Town does not elect to extend the Agreement an additional five years, the following steps will need to be taken: Adopt a resolution declining the 5-year extension and provide written notice in accordance with Section 27.D of the Agreement. If negotiating an amendment: o Begin negotiations with MVRS at least six months before new programs need to be implemented (if programs will be put into place for regulatory compliance as discussed in the Regulatory Analysis section of this report, ideally begin negotiations in July 2021). If releasing an RFP: o Initiate the RFP development process roughly two years prior to the end of the Agreement, by July 2024. o Draft and release an RFP and a new franchise agreement compliant with State law and meeting the Town’s needs by December 2024. o Upon receiving proposals, conduct the proposal evaluation process. This includes internal review of the proposals, as well as interviews with the top contenders by March 2025. o Once a contractor is selected, proceed with final franchise agreement negotiations, to be complete by July 2025. Town of Tiburon | Analysis of Extension with Mill Valley Refuse Service – May 13, 2021 Page 3 of 10 o Take the finalized franchise agreement to Council and seek approval to implement the new agreement, which should occur at least one year prior to the new agreement’s commencement to facilitate a smooth transition process by July 2025. Performance Analysis Based upon interviews with Town staff and a review of the Town’s diversion data, it appears that MVRS’s performance of its responsibilities under the Agreement has been adequate. While the Town has received some complaints from residents, MVRS has attempted to resolve all issues promptly and professionally. The Town’s diversion performance is adequate, at around 55% diversion by weight based upon data collected by Zero Waste Marin, which compares favorably with diversion rates by weight in similar communities. The Town’s diversion as measured by the State agency is combined with the rest of Marin County, which means that it is not a suitable benchmark for Tiburon; however, the entire Marin County service area is easily meeting the State agency’s minimum requirements. Franchise Agreement Analysis The following items are key items and collection programs included in the Agreement. The full Agreement assessment can be found in Attachment 1 to this report. R3 found that the Agreement’s services, programs, terms and conditions are comparable to the industry standards. The collection rates programs are on par with the regional averages and the industry standards. The Town has a better package with respect to additional services provided by MVRS than the in the rest of the region. The following is a summary of the services, programs, terms and conditions of the Agreement: 1. Term Length: July 1, 2011 through June 30, 2021, with two 5-year extensions which are activated by default unless the Town chooses to provide written notice of non-extension. 2. Collection Frequency: Residential customers are provided with weekly garbage, recyclable material and green waste collection. Commercial customers are provided with garbage, recyclable material and green waste collection, and can subscribe to the collection size and frequency as needed. The monthly rate includes the base rate for the container size and frequency as well as a monthly rental charge for the collection container. 3. Bulky Waste: Residential customers have four times per year free of charge bulky item collection. Up to 3 cubic yards of bulky will be collected upon request. 4. Holiday Trees: Collection during the week following New Year’s Day. 5. Storm Drain Collection: Storm drain collection capture sites designated by the Town will be emptied by MVRS. 6. Street Sweeping: Street sweeping is provided twice a week to areas designated and agreed upon by the Town and MVRS. 7. Portable Toilets: MVRS will provide portable toilets at events as requested by the Town up to a designated cost. 8. Railroad Marsh Maintenance: Vegetation removal will occur once every two years from an area designated by the Town known as the “Railroad Marsh”. 9. Illegal Dumping Clean-Up: MVRS must collect illegally dumped items as requested by the Town up to a designated cost. 10. Household Hazardous Waste: Collected upon request, including motor oil, paint, batteries, lights and cell phones. 11. Billing: MVRS is responsible for conducting the billing and collection of charges for residential and commercial customers. 12. Franchise Fee: 15.5% on the gross collected billings on services provided paid to the Town for the right to conduct exclusive collection services. Town of Tiburon | Analysis of Extension with Mill Valley Refuse Service – May 13, 2021 Page 4 of 10 13. Regulatory Compliance: The Agreement requires that MVRS comply with any State regulations during the term of the Agreement. Should the State regulations result in change in the cost to carry out collection operations, MVRS has the right to request a reset to the base rate. 14. Rates: MVRS is allowed to request a base rate adjustment should the cost of the operations exceed the revenue collected at the approved rates. The base rate adjustment methodology is located in Section 16 of the Agreement. Should the Town approve of the base rate application, the new rates will come into effect, and the next two rate years may be increased by the Consumer Price Index only (or another base rate adjustment). The rate adjustment methodology may be revised via amendment to the Agreement. 15. Customer Service: MVRS must maintain regular office hours available to the public, for eight hours between 6 a.m. and 6 p.m. As per Section 23 of the Agreement, this office will be located in San Rafael. The customer service operation must keep record of all customer complaints, and must attempt, within commercially reasonable efforts, to resolve all customer service problems. 16. Collection Vehicles: The collection vehicles utilized by MVRS must be compliant with the State’s regulatory standards. The collection vehicles must be clean, maintained in good repair and uniformly painted. MVRS’ contact information must be clearly visible on the collection vehicles, and the vehicles must be washed to a sanitary level. 17. Recordkeeping: MVRS must maintain records accurately reflecting business done under this Agreement. These records include customers lists, billing records, maps, AB 939 records, and written customer complaints for the full term of this Agreement, and no less than three years after the Agreement has ended. However, the Agreement could be improved in a few ways, including: Liquidated Damages – The lack of liquidated dames in the Agreement means that, short of termination, the Town has no enforcement mechanism for the terms in the Agreement. Reporting Requirements – There are currently no reporting requirements to the Town on a regular basis. The current Agreement requires MVRS to keep records of monthly data but does not require a report be made to the Town. Sustainability Coordinator – In response to new organics diversion requirements, and to assist with AB 939, the Town may consider hiring directly, or having MVRS hire a sustainability coordinator to manage the data tracking and outreach to rate payers. Regulatory Compliance – The Town may consider adding some provisions to the Agreement that directly require actions to be taken by MVRS to assist the Town in regulatory compliance. Rate Adjustments – R3 generally recommends the option of a base year rate review (as is written into the current Agreement) at a maximum frequency of every five years at either the City or Contractor’s option, and Consumer Price Index rate increases in all other years if the base year rate review option is not exercised. There are extensive new State regulatory requirements on solid waste operations which are effective January 1, 2022 via Senate Bill (SB) 1383 (which are discussed in the Regulatory Analysis section of this report, below). The Town must adopt new ordinance codes as laid out by SB 1383 to bring the Town into compliance with the new State regulations. The five-year extension would result in a contract term that ends June 30, 2031. If the Town Council chooses not to exercise the 5-year extension opportunity, MVRS will continue to provide service for the next five years, through June 30, 2026. Prior to that date, and for services effective July 1, 2026, the Town could negotiate an amendment to the Agreement (extending the term) or undertake a Request for Proposals (RFP) process to procure a new solid waste services agreement, summary details of which are provided in the Next Steps section of this report. Town of Tiburon | Analysis of Extension with Mill Valley Refuse Service – May 13, 2021 Page 5 of 10 Market Analysis Cost-Saving Competition Not Guaranteed Given the anticipated impact of upcoming requirements such as Senate Bill (SB) 1383 (starting January 1, 2022), uncertainty in recycling markets due to recent changes in international trade policy for recyclables (the China National Sword), and limited capacity for processing organic materials, many jurisdictions in California with solid waste collection contracts up for renewal in the greater Bay Area have chosen to negotiate for extension rather than releasing competitive RFPs. This is likely because, of those agreements that are put out to competitive bid, many have resulted in high rate increases related to increased costs and uncertainty in the recycling and organics processing markets, and significant increases in costs related to current and upcoming regulations (AB 1826 and SB 1383). R3 has prepared a detailed chart (Attachment 2) that shows recent rate increases for a sampling of jurisdictions throughout the State. This comparative analysis includes jurisdictions that have completed rate reviews based upon actual costs of providing service (a common rate adjustment mechanism for contracts with term lengths as well as contracts that automatically renew). In summary, many of the highest rate increases (those at and above 30%) occurred as a result of a competitive procurement process, with one negotiated extension, two cost-based rate adjustments, and five competitive procurements with rate increases that exceeded 30% in the past three years. Attachment 2 also shows that rate increases in the past three years have often exceeded 15%. Limited Pool of Likely Proposers If the Town chooses to release an RFP, haulers that already are providing service nearby are much more likely to respond than those outside of the current regional marketplace. This is because it would be less expensive for a company to deliver material for disposal, recycling, or organics processing to an extant facility with which the hauler already has a relationship. For example, MVRS currently collects garbage, recycling, and organics from residents and businesses in Tiburon and delivers that material to the nearby transfer station, Marin Resource Recovery Center (MRRC). MRRC, owned by the same entities that own Marin Sanitary Service (MSS), transfers the garbage to Redwood Landfill, owned and operated by Waste Management; the organic materials to either EarthCare Composting Facility (co-located at the Redwood Landfill site) or (in the case of food waste) to anaerobic digestion; and the recycling is processed on-site at the affiliated Material Recovery Facility (MRF). Given the sparse post-collection facilities available in Marin County, and Tiburon’s geographic isolation as a Bay-coastal town, very few other post-collection facilities are available to the Town without incurring significant transportation costs. The only potential facilities within reasonable hauling distance outside Marin County are the Republic facilities in Richmond, which are utilized by Bay Cities Refuse Service, and those in Sonoma County. Figures 1 and 2, display the nearby landfills and organic processing facilities potentially available to the Town. Figure 1: Nearby Landfills Figure 2: Nearby Organics Processing Facilities Town of Tiburon | Analysis of Extension with Mill Valley Refuse Service – May 13, 2021 Page 6 of 10 As a result of the above, R3 finds that there are likely to only be a few serious proposers should an RFP process be undertaken by the Town. Other than MVRS, the most likely other possible proposers are: Marin Sanitary Service, which serves the Cities of San Rafael and Larkspur, the Towns of Ross, Fairfax and San Anselmo, County of Marin, and Las Gallinas Valley Sanitary District. Recology Sonoma Marin, which serves Novato Sanitary District and some parts of unincorporated Marin County, including two sanitary districts. Bay Cities Refuse Service, Inc., serving Sausalito, Marin City, and some parts of unincorporated Marin County. Waste Management, which currently is only active in the Marin area via post-collection operations at Redwood Landfill and WM EarthCare, and with no collection operations active in the County. Republic Services, which provides solid waste collection and post-collection services in Contra Costa County and has post-collection operations in Sonoma County. No Guaranteed Cost-Savings with Likely Proposal Based on the results of the rate survey (next section), R3 found that Tiburon’s rates do not differ much from the average rates in surrounding areas. There is no guarantee that, should the Town go through the RFP process, a better deal will be reached. In fact, R3 has found that many communities choose to extend their current agreements because of the uncertainty surrounding the current regulatory environment (though this is not always the case). MVRS has the advantage of a long history of providing service in Tiburon. As the incumbent, MVRS has more information than any other solid waste hauler, and therefore would be able to provide a bid that does not include contingency or “risk” mitigation funds. Regulatory Analysis The State has continued to set ambitious recycling goals via new legislation which primarily places responsibility for implementing new recycling programs on local jurisdictions. The primary State laws that apply to the Town include: AB 939, which set a Statewide diversion goal of 50% from 1990 levels by 2000, which must be maintained by jurisdictions on an ongoing basis. The law requires a comprehensive diversion planning effort and annual reporting on recycling programs, as well as establishing the enforcement framework still in place today. AB 341, which set a goal of 75% diversion Statewide by the year 2020 and requires businesses that generate more than 4 cubic yards of commercial solid waste per week and multifamily residential dwellings of 5 units or more to arrange for recycling services, on and after July 1, 2012. The law also requires local jurisdictions to promote recycling by taking certain actions, including informing covered businesses of the requirement. AB 1826, which set a goal of reducing organic waste by 50% by 2020, and required local jurisdictions to arrange an organics collection program that includes food scraps on and after July 1, 2016. At this time, AB 1826 requires businesses and multifamily residential dwellings of 5 units that generate more than 2 cubic yards of commercial solid waste per week or more to arrange for organics diversion services. The law also requires local jurisdictions to promote organics diversion by taking certain actions, including informing covered businesses of the requirement. SB 1383, which was motivated by the Statewide limit on greenhouse gas emissions to 1990 levels and sets a Statewide goal to reduce organic waste by 50% from the 2014 level by 2020 and 75% from the 2014 level by 2025. SB 1383 also establishes a target of recovering 20% of currently disposed edible food for human consumption by 2025. SB 1383’s requirements will be in effect on January 1, 2022, and include extensive requirements for businesses, State agencies, and local jurisdictions. Town of Tiburon | Analysis of Extension with Mill Valley Refuse Service – May 13, 2021 Page 7 of 10 These regulations set forth a variety of programmatic and policy related requirements for multiple entities including jurisdictions, residential and commercial generators, commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievement of State-wide organic waste disposal reduction targets. SB 1383 requirements go beyond AB 1826 and AB 341, in that there is a significant amount of specific program implementation, monitoring and enforcement requirements on jurisdictions, as well as a new required program component: an edible food recovery program. SB 1383 also significantly increases the reporting requirements on jurisdictions (State reporting is currently the responsibility of the regional Joint Powers Authority, Zero Waste Marin). The State agency’s enforcement of the minimum programmatic requirements has been stringent in recent years leading up to SB 1383 implementation, which begins January 1, 2022. MVRS has already demonstrated value to the Town by assisting in AB 939 and AB 1826 compliance. It is not feasible for MVRS to directly contribute to the implementation of all SB 1383 requirements, although the Town may request assistance with the collections-related components of the law. The Town is directly responsible for meeting requirements such as updating its municipal code, enforcing the law, ensuring the internal procurement of recycled content paper, and facilitating the edible food recovery program. Irrespective of whether the Town decides to accept or refuse the extension, the Town can still choose to negotiate an amendment to the Agreement. In fact, an amendment to the Agreement may be necessary in all cases in order to meet regulatory requirements and/or accommodate improvements to the Agreement such as those identified in this report. Rate Analysis R3 conducted a rate survey of jurisdictions within the County of Marin to compare the Town’s residential and commercial rates and services to those in surrounding communities. The following are the results of our analysis. Rate and Services Survey Summary: The average of all Tiburon residential rates is 0.8% higher than the regional average residential rates. The average of all Tiburon residential rates is 0.2% lower than the MVRS average residential rates. The average of all Tiburon commercial rates is 0.4% lower than the regional average commercial rates. The average of all Tiburon commercial rates is 3.3% higher than the MVRS average commercial rates. The Town has more additional services included with their rates than any of the MVRS services jurisdictions. Put into plain terms, the Town receives more services than comparable MVRS agencies, and with rates that hover right around the average regionally, and amongst MVRS’s other customers. Report continued on next page. Town of Tiburon | Analysis of Extension with Mill Valley Refuse Service – May 13, 2021 Page 8 of 10 Residential Rate Comparison The following table includes the residential rates, with the average excluding the Town’s rates and a comparison as a percentage and dollar difference from the regional average. Table 1 - 2020/21 Residential Rate Comparison Jurisdiction Hauler 20-gal 32-gal 64-gal 96-gal Almonte MVRS $33.09 $37.83 $79.41 $121.01 Alto MVRS $41.15 $47.34 $81.36 $115.91 Belvedere MVRS $50.29 $62.15 $105.45 $148.75 Corte Madera MVRS $37.70 $44.35 $81.08 $117.80 County 2 (Paradise Cay-Bay Vista- Rancho-No Knoll-Eagle Rock) MVRS $48.56 $55.47 $104.77 $153.29 County 3 (Paradise-Mar East-Ranch Rd-Sky Rd) MVRS $60.01 $66.95 $104.77 $153.29 County 4 (Mill Valley County) MVRS $63.57 $69.57 $108.57 $149.33 Homestead MVRS $40.71 $44.27 $82.69 $118.45 Mill Valley MVRS $48.79 $53.80 $89.84 $125.80 Strawberry MVRS $34.97 $40.12 $64.87 $81.87 Fair Fax MSS $37.38 $44.80 $89.63 $134.43 Larkspur MSS $43.27 $50.88 $101.76 $152.64 Ross MSS $36.63 $43.11 $86.22 $129.33 San Anselmo MSS $38.14 $49.84 $99.77 $149.65 San Rafael MSS $38.89 $45.75 $91.50 $137.25 Tiburon MVRS $44.73 $50.46 $91.88 $132.62 Regional Average w/o Tiburon $43.54 $50.42 $91.45 $132.59 MVRS Average w/o Tiburon $45.88 $52.19 $90.28 $128.55 Regional Dollar Difference $1.19 $0.04 $0.43 $0.03 Regional Percent Difference 2.7% 0.1% 0.5% 0.0% MVRS Dollar Difference -$1.15 -$1.72 $1.60 $4.07 MVRS Percent Difference -2.5% -3.3% 1.8% 3.2% As noted in the table above, the Town’s residential rates line up evenly with the regional averages across all residential subscription sizes. Town of Tiburon | Analysis of Extension with Mill Valley Refuse Service – May 13, 2021 Page 9 of 10 Commercial Rate Comparison Table 2, below, includes the commercial rates, with the average excluding the Town’s rates and a comparison as a percentage and dollar difference from the regional average. Table 2 - Commercial Rate Comparison Jurisdiction Hauler Garbage Food Waste (32-gal cart) 1 CY 1/Week 1 CY 3/Week 2 CY 1/Week 2 CY 3/Week Almonte MVRS $177.17 $472.61 $354.34 $945.22 $19.02 Alto MVRS $233.78 $640.06 $467.56 $1,280.12 $16.25 Belvedere MVRS $277.35 $763.95 $554.70 $1,527.90 $20.01 Corte Madera MVRS $198.63 $536.08 $397.27 $1,104.77 $18.13 County 2 (Paradise Cay-Bay Vista-Rancho-No Knoll-Eagle Rock) MVRS $264.70 $715.18 $529.40 $1,430.34 $16.72 County 3 (Paradise-Mar East- Ranch Rd-Sky Rd) MVRS $264.70 $715.18 $529.40 $1,430.34 $16.72 County 4 (Mill Valley County) MVRS $264.70 $715.18 $529.40 $1,430.34 $23.17 Homestead MVRS $203.95 $557.93 $407.90 $1,115.87 $13.12 Mill Valley MVRS $238.31 $641.25 $476.62 $1,282.50 $15.58 Strawberry MVRS $228.95 $623.58 $457.89 $1,247.28 $17.43 Fairfax MSS $263.46 $624.03 $440.48 $1,120.38 $20.63 Larkspur MSS $323.07 $968.87 $496.54 $1,293.73 $21.05 Ross MSS $215.94 $374.03 $431.74 $748.07 $18.46 San Anselmo MSS $283.98 $851.90 $567.95 $1,703.80 $27.27 San Rafael MSS $295.30 $902.91 $434.18 $1,513.36 $18.84 Tiburon MVRS $240.15 $655.19 $478.26 $1,304.25 $19.02 Regional Average w/o Tiburon $248.93 $673.52 $471.69 $1,278.27 $18.83 MVRS Average w/o Tiburon $235.22 $638.10 $470.45 $1,279.47 $17.62 Regional Dollar Difference -$8.78 -$18.33 $6.57 $25.98 $0.19 Regional Percent Difference -3.5% -2.7% 1.4% 2.0% 1.0% MVRS Dollar Difference $4.93 $17.09 $7.81 $24.78 $1.41 MVRS Percent Difference 2.1% 2.7% 1.7% 1.9% 8.0% Like the residential rates, the commercial rates for the Town are close to the regional average. The 1 cubic yard garbage bin is just below the average. Town of Tiburon | Analysis of Extension with Mill Valley Refuse Service – May 13, 2021 Page 10 of 10 Additional Services and Program Comparison Table 3 shows a comparison of the collection program included in the rates for the jurisdictions. Table 3 - Additional Services Comparison Jurisdiction Hauler HHW Bulky Illegal Dumping Street Sweeping Holiday Tree Service City Sponsored Events Storm Drain Collection Tiburon MVRS At request, no charge at request 4/year at Town Request Yes Yes Yes, events designated in Agreement Yes Almonte MVRS At request, no charge at request 2/year Alto MVRS At request, no charge at request 2/year Belvedere MVRS At request, no charge at request 2/year at Town Request Yes, events designated in Agreement Corte Madera MVRS at request 4/year at Town Request County 2 (Paradise Cay-Bay Vista-Rancho- No Knoll-Eagle Rock) MVRS at request 2/year Yes County 3 (Paradise- Mar East-Ranch Rd- Sky Rd) MVRS at request 2/year Yes County 4 (Mill Valley County) MVRS at request 2/year Yes Homestead MVRS at request 4/year Mill Valley MVRS Curbside at request 2/year Yes Yes up to 4 times per year, at City's request Please note that while the Town’s residential and commercial rates are close to the average of the regional rates, the Town has the most additional services and programs included with those rates. The rate adjustment process (conducted every three years) is designed to provide MVRS a fair and reasonable rate of return for providing collection services in the Town. Town of Tiburon | Analysis of Extension with Mill Valley Refuse Service – May 13, 2021 [ATTACHMENT 1] Page 1 of 6 Attachment 1 Franchise Agreement Assessment with Comparatives Agreement Provision Best-Practice Examples Tiburon Contract Term Agreements of this nature may have a base term of ten (10) years (with an option to extend up to one (1) five-year extension term). 10-year, with two 5-year extension options Agreement. (Section 3) Base Service Level All Customers will receive garbage, recycling, and organic waste collection (Organic waste including green waste and food waste). Residential customers are provided garbage, recycling, and green waste (without food waste) service. (Section 5.B) Commercial customers are provided garbage, recycling service and green waste service (without food waste). Commercial customers can subscribe to the collection size and frequency that meets their needs. (Section 5.B) R3 recommends the addition of food waste for all customers by January 1, 2022. Large Item Collection Each residential customer has on-call large item collection available up to two (2) times per calendar year. Twice per year bulky waste collection of up to 3 cubic yards. (Section 5.B.2) Holiday Tree Collection All residential customers can dispose, free of charge, their holiday tree during their regular day of collection from December 26th to the second Friday in January. Available during the week following New Year’s Day. (Section 5.B.3) City-sponsored Events and City Litter Containers Collection service provided for all City events at no charge and all City litter containers. MVRS will conduct garbage, recycling and green waste collection for Town events as designated by the Town and accepted by MVRS (Section 5.B.5) Clean-Up Day Events Residential customers can drop off garbage at a designated location up to two (2) times per calendar year. Not included. Optional clause. Free Paper Shredding Events Residential customers can participate in a paper shredding event at a designated location up to four (4) times per calendar year Not included. Optional clause. Mulch or Compost Delivery Contractor must supply the City with either up to 2,000 cubic yards of mulch or 1,000 cubic yards of compost. Not included (would assist in meeting procurement requirements of SB 1383). Town of Tiburon | Analysis of Extension with Mill Valley Refuse Service – May 13, 2021 [ATTACHMENT 1] Page 2 of 6 Agreement Provision Best-Practice Examples Tiburon Edible Food Recovery Support Contractor will provide support for the City’s Edible Food Waste Recovery program. Not included. Optional clause. Collection Containers Contractor must provide new collection containers to all Service Recipients upon extension; and container color and labeling shall be subject to approval by City (to meet SB 1383 requirements). Not included. R3 recommends SB 1383-compliant container colors to be required, and/or a work plan and schedule developed for compliance by 2036. Collection Vehicles Contractor must use new Collection Vehicles at the start of this Agreement and may not use any Collection Vehicle that is more than ten (10) years old during the term of the Agreement. Collection Vehicles must utilize low carbon (“alternative”) fuel, which includes renewable diesel, biodiesel, hydrogen, ethanol, methanol, natural gas, renewable natural gas, propane, P-series fuels, and electric. If during the term of the Franchise Agreement, new technologies are available such as hybrid or electric powered collection vehicles, the City or the Contractor may request/negotiate implementation of such new collection vehicles, with a corresponding change to the Maximum Service Rates to reflect additional cost or savings. MVRS must use vehicles that meet the DMV standards. (Section 21). Nothing specific listed. Includes vehicle list in Exhibit D Collection Vehicle Technology Contractor must use Collection Vehicles fitted with GPS tracking devices that can be used to record start and stop times, vehicle locations, and maximum speed. Contractor shall furnish to the City at no additional cost or expense any software and equipment necessary for City to track the location of Collection Vehicles in real time and to generate reports as needed. Collection Vehicles must also be fitted with cameras that are programmed to take photos, date and location stamped, to document violations, including contamination, overfilling, and lids not closed. GPS and camera data must be accessible by City. Not included. Disposal / Processing Facilities City has control of where the material collected in the City goes. This allows the City more discretion over the processing costs. MVRS can direct collected materials to any fully licensed post collection facilities. (Section 4.A) Guarantee of Organic Waste and Recycling Capacity Contractor shall guarantee capacity for all Organic Waste and Recyclables for the term of the Agreement using a facility approved by the City. Not included. R3 recommends that the contractor be required to obtain guaranteed capacity for organics and recycling. Town of Tiburon | Analysis of Extension with Mill Valley Refuse Service – May 13, 2021 [ATTACHMENT 1] Page 3 of 6 Agreement Provision Best-Practice Examples Tiburon Diversion Standards Contractor must meet the following Diversion requirements: 50% of all material by 2023. 55% of all material by 2025. 60% of all material by 2029. MVRS must abide by State regulations listed in AB 939 (Section 18) however there is no specific diversion requirements listed in the Agreement R3 recommends including SB 1383 State requirements. Customer Billing Contractor must meet billing and performance standards to the satisfaction of the City. The Contractor is responsible for the billing and collection of payments for collection services. (Section 17) Contractor Rate Adjustment Contractor’s rates include collection, disposal, organics and recyclables processing, and Contractor directly pays these costs. The Maximum Service Rate adjustment shall be calculated using the percentage change in the CPI between the base year, with a maximum increase of 4% in any year. To be eligible for a CPI adjustment, contractor must meet specified performance standards. MVRS can request a Base Rate adjustment whenever they assess the current rates are under the cost of service. The following two years may be adjusted by a CPI based adjustment. (Section 16.E) Administrative Fee Contractor will pay the City 10-15% Contractor’s Gross Billings or Gross Receipts. 15.5% of gross revenues as the Franchise Fee. (Section 13.A) Reimbursement of Procurement/ Negotiations Contractor to reimburse the City $150,000 for the procurement and negotiation process. $15,000 paid by MVRS to the Town for the drafting and negotiation of this franchise Agreement. (Section 13.B) Performance Reviews City may conduct billing audit, financial audit, and performance reviews of Contractor’s performance. City (or specified firm) may conduct reviews at any time during the term of the Agreement. Contractor shall pay the entire cost of such review. Right to inspection included (Section 15), but no specific language on performance reviews included. Sustainability Representative Contractor will hire staff, including at least one dedicated full-time Sustainability/Compliance Representative, to conduct site visits and provide outreach and education in support of meeting goals/requirements. This position is to maximize the diversion of the recycling and organics collection programs by interacting directly with customers. Not included. R3 recommends including some level of designated sustainability coordinator staffing. Town of Tiburon | Analysis of Extension with Mill Valley Refuse Service – May 13, 2021 [ATTACHMENT 1] Page 4 of 6 Agreement Provision Best-Practice Examples Tiburon Diversion and Sustainability Work Plan Contractor required to develop and implement a Diversion and Sustainability Work Plan to identify areas of concern and opportunities of improvement regarding diversion. Not included. R3 recommends a diversion strategy developed by the hauler in consultation with the Town. Annual Collection Notice Contractor required to create and distribute an Annual Collection Notice to all customers with content created and distributed by the Contractor for no additional cost and approved by the City. Not included. Annual Collection Service Notices are required by SB 1383. Reporting Requirements Contractor required to submit monthly, quarterly, and annual reports to the City. Quarterly Report: Contractor Billing Account Information (Gross Rev, Franchise Fee, SWM Fee). Franchised Tonnage & Service Data. Non-Collection occurrences. Overweight Vehicle Reporting Collection Overages Charges. Service Recipient Complaint Log. Contamination Reporting Storm Drain Waste Removal Account Verification. Annual Report: Financial Report. In CA, Annual Sustainability and Compliance Report (AB 341, AB 1826, and SB 1383 Compliance Data, current level of Recycling and Organics program participation at each non-exempt account). Public Education Summary. Summary of Programs. Garbage Data. Recycling Data. Organic Waste Data. Commercial Outreach Report. Customer Service Log. Green Pages. Overweight Vehicle Data. Bin, Cart, and Vehicle Inventory. Collection Container & Vehicle Inventory Diversion Rate (Later Diversion Calculation +Data) Waste Characterization Audit No Reporting Requirements. R3 recommends the Town establish a base level of reporting requirements. Town of Tiburon | Analysis of Extension with Mill Valley Refuse Service – May 13, 2021 [ATTACHMENT 1] Page 5 of 6 Agreement Provision Best-Practice Examples Tiburon Liquidated Damages The following are liquidated damages with fines ranging from $25 - $5,000: Failure to respond to each complaint within three (3) workdays of receipt. Failure to maintain call center hours as required by this Agreement. Failure to submit to City all reports by the deadlines. Failure to submit to City all payments by the deadlines. Failure to display Contractor’s name and customer service phone number on collection vehicles. Failure to collect a missed collection by close of the next workday upon notice to Contractor that exceeds twenty (20) in any calendar year. Failure to repair or replace damaged containers to deliver or exchange containers within the time required by this Agreement, that exceeds twenty (20) in any Calendar year. Failure to maintain collection hours. Failure to have Contractor personnel in Contractor-provided uniforms. Failure of Contractor to follow recyclable materials and organic waste contamination procedures in this Agreement. Failure for Collection Container to be compliant with specifications Failure of Contractor to meet the customer service requirements. Failure to clean up spillage or litter on public streets located within City caused by Contractor’s collection vehicles within two (2) hours after notice. Disposal of separately collected recyclable materials or separately collected organic waste in the disposal facility without first obtaining the required permission of the City. Failure to deliver garbage collected under this Agreement to the disposal facility, except as otherwise expressly provided in this Agreement. Failure to submit a Diversion Corrective Action Plan. Failure to display Contractor’s name and customer service phone number on Collection Vehicles. Failure to achieve the Franchised Diversion Rate as required Overweight Collection Vehicles. No Liquidated Damages. R3 recommends the Town establish a mechanism for performance standards. Town of Tiburon | Analysis of Extension with Mill Valley Refuse Service – May 13, 2021 [ATTACHMENT 1] Page 6 of 6 Agreement Provision Best-Practice Examples Tiburon Performance Bond $1,000,000 Performance Bond. $100,000 adjusted by CPI annually R3 recommends adding increasing performance bond amount. Insurance Requirement Contractor required to hold and maintain the following insurance coverage throughout the term of this contract: Comprehensive General Liability: $3,000,000 per occurrence. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit will apply separately to this Agreement or the general aggregate limit must be $5,000,000. Automobile Liability: $10,000,000 per accident for bodily injury or property damage. Worker’s Compensation: $3,000,000 per accident for bodily injury or disease; and Contractor’s Env. Pollution Liability: $3,000,000 per claim or occurrence and $5,000,000 aggregate, with five (5) years tail coverage. Contractor provides insurance as specified in Section 9. Commercial General Liability insurance: $5,000,000 Automobile Liability Insurance: $10,000,000 Workers Compensation language included, however no specified dollar amounts Town of Tiburon | Analysis of Extension with Mill Valley Refuse Service – May 13, 2021 [ATTACHMENT 2] Page 1 of 1 Attachment 2 Results of Recent Extensions and Procurements Legend Negotiated Extension Cost-Based Rate Review Competitive Procurement Tiburon Town Council May 19, 2021 AI-3: Mill Valley Refuse & R3 Presentation Late Mail Requests for Copies: Lea Stefani, lstefani@townoftiburon.org To: Tiburon Town Council From: David Barker, 1825 Lagoon View Drive May 17, 2021 Comments on potential termination of Mill Valley Refuse Service. I appreciate the availability of the R3 report date May 13, 2021. The Consultant makes a reasonable argument for not terminating the current MVRS agreement. The rationale suggests that: • Some recent competitive bids have resulted in large increases in rates. • Alternative hauliers would currently be unlikely to offer competitive bids (although no direct contact seems to have been made with the other companies serving Marin jurisdictions). • Tiburon’s current rates are similar to other local jurisdictions. • Tiburon can renegotiate some undesirable elements in the current contract without triggering termination (and presumably without increasing rates?). Before accepting the recommendation to continue the current contract, I recommend that the Council: • Seek further clarification about the large rate increases suffered by other jurisdictions in the Bay Area and verify that there would be limited interest in bidding for Tiburon’s contract. • Consider which “best practices” identified in the R3 analysis should be included in the MVRS contract and whether the Town would be in a stronger negotiating position if the current contract were terminated. • Confirm whether MVRS intends to increase rates in the forthcoming contract year. • Request R3 to comment on possible strategies to reduce the cost of waste collection and disposal. 1. The Council should seek further clarification about the large rate increases suffered by other jurisdictions. The major reason thar R3 identifies to avoid terminating the MVRS contract is that other jurisdictions have suffered exceptionally large rate increases, with those increases biased towards jurisdictions adopting competitive procurement. However, R3 does not identify does not identify the context in which these rate increases occurred. One could imagine, for example, that such increase could have occurred: • At the end of a long-term contract with low rates • As a result of the combined impact of China National Sword and the pandemic (split between two increases for Tiburon) • As a result of a dispute between the jurisdiction and haulier which made others reluctant to bid. Until the context of these increases is understood, the argument for continuing with the MVRS contract is not dispositive. Furthermore, without direct input from other companies serving Marin jurisdictions it seems presumptuous to conclude that they would not be interested in supplying a competitive bid five years in the future. 2. The Council should consider which “best practices” should be included in the MVRS contract. Despite suggesting that the MVRS contract should not be terminated, R3 recommends several “best practices” which are not included in the current contract. It further suggests that some changes may be required to be consistent with current or anticipated regulatory requirements. The Council needs to determine which changes it is critical to adopt, and what level of negotiation will be required. Depending on the outcome of this assessment, the Council may wish to terminate the current contract to place itself in a better negotiating position to achieve the desired changes. (Although R3 argues that the current environment for competitive bidding may be difficult, the environment four or five years into the future, when a new contract would need to be negotiated, may be quite different.) 3. The Council should determine whether MVRS intends to apply a rate increase for the forthcoming contract year. The possibility that MVRS may apply a rate increase for the forthcoming contract year is not considered anywhere in the staff report or the R3 analysis. Since MVRS received a base rate increase in 2020, they would be entitled to a cost-of-living increase in July 2011 and July 2022 without the need for a public hearing. Furthermore, the large increase allowed in 2020 was predicated on lower volumes, primarily of commercial waste, during the pandemic. With commercial activity now on the increase, it may be that the 2021 rates should actually decrease. Before deciding on termination, the Council should determine the reasonableness of rates proposed for 2021-22. 4. The Council should request R3 to comment on strategies to reduce the overall cost of waste collection and disposal. The cost of waste collection and disposal has been rising rapidly in recent years and is likely to rise further in future in response to anticipated regulatory initiatives. While the Town has access to the expertise represented by R3, the Council should request their comments on how to mitigate the impact of these costs, and whether other jurisdictions have successfully implemented such efforts. One approach, reducing the frequency of pick-ups, deserves, in my view, particular attention. (I only put my bins out when they are full, and an analysis of my pick-ups over the last eight months suggests that while the Green Waste pick-up is required almost every week, pick-ups for the other streams on the following schedule would be adequate: - Trash - every two weeks - Containers - every four to six weeks - Paper - every two to three months) Many jurisdictions in Europe no longer offer weekly waste pick up and place greater emphasis on the reduce and reuse rather than the recycle element of the waste system. Reducing the pick-up schedule would not only reduce costs but also have environmental benefits in terms of reduced truck trips as well as limiting the number of bins littering town streets. I note further that Recology in Novato uses trucks with robotic arms for some of its pick-ups and wonder whether this is justified by the increasing labor-related costs of waste service. TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Manager Subject: Receive Presentation from Magellan Advisors with Regards to Developing a Strategic Plan for Improvement in Broadband Infrastructure in Tiburon. Consider Directing Staff to Continue Work on Proposal Development with Magellan Advisors. Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY Council will receive a presentation from Magellan Advisors on options for developing a strategic plan to improve broadband infrastructure in Tiburon. Council will consider directing staff to continue work in this area. RECOMMENDED ACTION(S) Staff recommends that the Town Council: Receive the Staff Report, Magellan Presentation, and any Public Comment; and 1. Consider directing staff to continue work on developing scope and cost proposal with Magellan Advisors. BACKGROUND Over the past year, the Council Ad-Hoc Technology Sub-Committee (Mayor Thier and Vice Mayor Welner) has met several times and discussed a wide variety of topics, including several discussions related to broadband availability and digital infrastructure. This conversation is also occurring on a countywide basis, where in response to a 2019 Marin County Grand Jury Report, the Marin County Information Service and Technology Department received funding for a project to develop a Digital Infrastructure Strategic Plan for the entire County. This ongoing effort is known as Digital Marin (https://godigitalmarin.org/). Although the sub-committee appreciates the County effort, they also believe there may be value in evaluating options for a more Tiburon specific approach. Accordingly, the subcommittee has reached out to Magellan Advisors (Magellan) to provide an overview to Council on various approaches to improving local broadband infrastructure. Magellan, who is also assisting in the Digital Marin project described above, works with municipalities, utilities and regional TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting May 19, 2021 Agenda Item: AI-4 Town Council Meeting May 19, 2021 TOWN OF TIBURON PAGE 2 OF 2 governments in planning, engineering, grant development, implementation and management of fiber and broadband networks. A copy of their presentation is attached as Exhibit 1. After receiving the Magellan presentation and asking any questions, Council may direct staff to continue working with Magellan on a possible scope and cost proposal. ANALYSIS No further analysis is provided. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town as a result of this item. If Council directs staff to work with the Magellan Advisors in developing a proposal for services, staff would return to Council for review and consideration of any proposed work. CLIMATE IMPACT Staff has determined this action will have no direct climate impact to Tiburon. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council: Receive the Staff Report, Magellan Presentation, and any public comment; and 1. Consider directing staff to continue work on developing scope and cost proposal with Magellan Advisors. Exhibit(s): 1. Magellan Advisors Presentation Prepared By: Greg Chanis, Town Manager EXHIBIT 1 Town of Tiburon, CA Broadband Strategic Planning Presented By: Jory Wolf, VP of Digital Innovation Wednesday, May 19, 2021 Agenda Introductions Why Broadband Similar & Regional Projects Broadband Strategic Plan Process Questions About Magellan . About Magellan . . FE A S I B I L I T Y S T U D Y FIB E R M A S T E R P L A N BR O A D B A N D B U S I N E S S P L A N GR A N T D E V E L O P M E N T PA R T N E R S H I P D E V E L O P M E N T BR O A D B A N D P O L I C Y EN G I N E E R I N G D E S I G N PE R M I T T I N G PR O C U R E M E N T CO N S T R U C T I O N M A N A G E M E N T IN S P E C T I O N S & C L O S E - O U T ST A R T U P & L A U N C H OP E R A T I O N S & M A N A G E M E N T SA L E S & M A R K E T I N G BR O A D B A N D E X P A N S I O N CUSTOMER STATE TYPE Alameda County CA County ● City of Carlsbad CA City ●● City of Chula Vista CA City ●● City of Concord CA City ●● City of Davis CA City ●● City of Fairfield CA City ●● City of Fremont CA City ●● Ferry County & Colvlle Tribes WA County ● City of Glendale CA City ●● Grays Harbor PUD WA Utility ● City of Hayward CA City ●● City of Hidden Hiils CA city ● City of Hillsboro OR City ●●●● City of Huntington Beach CA City ● City of Inglewood CA City ●● Jefferson Public Utility District WA Utility ●●●●● City of La Mesa CA City ●● City of Lodi CA Utility ●●●● City of Manhattan Beach CA City ●● Marin County CA County ●● Marion County OR County ●●●●●● City of Mission Viejo CA City ●● City of Moreno Valley CA City ● Napa County CA County ●●● Navajo Nation NM Organization ●●● Navajo County AZ County ●● Northern AZ Council of Gvt AZ Organization ●● City of Oxnard CA City ●● City of Paso Robles CA City ● Pierce County WA County ●●●●● Pima Association of Gvts AZ Organization ● City of Rancho Cucamonga CA City ●●●●●●● City of Rancho Santa Fe CA City ●● City of Sacramento CA City ● City of San Leandro CA City ●● City of Santa Ana CA City ●● City of Santa Clarita CA City ●●● Town of Skykomish WA Town ●●● Sonoma County CA County ●●● South Bay COG CA Organization ●●●●●●●● City of South San Francisco CA City ● Southern California Assn of Gvts CA Organization City of Stockton CA City ● City of Ventura CA City ●● Ventura County CA County ●●● City of Walla Walla WA City ●●● City of West Hollywood CA City ●●● City of West Sacramento CA City ●● Whitman County WA County ●●● City of Winters CA City ●● Yolo County CA County ●●● BROADBAND PLANNING ENGINEERING TURNKEY IMPLEMENTATION Key West Coast Clients Why Broadband? •Broadband encourages: •Economic growth •Better quality of life for the community •Increased property values •Government innovation •Better, more efficient, cost-effective delivery of community services Why Broadband? WORKING FROM HOME & ECONOMIC DEVELOPMENT EDUCATION & VIRTUAL LEARNING HEALTHCARE & TELEMEDICINE PUBLIC SAFETY & FIRST RESPONDER DIGITAL EQUITY & LITERACY COVID-19 Paradigm Shift Not possible without fast, reliable broadband services Similar Projects & Regional Work . City of Palo Alto, CA FTTH Design & Business Planning Napa County, CA Broadband Strategic Plan & Plan Implementation Marin County, CA Digital Infrastructure Strategic Plan & Digital Literacy Sonoma County, CA Broadband Strategic Plan & Broadband Business Planning City of South San Francisco, CA Broadband & Wireless Feasibility Study Town of Skykomish, WA Broadband Strategic Plan City of Manhattan Beach, CA FTTH Broadband Master Plan City of Fairfield, CA Broadband Master Plan & Business Plan City of Concord, CA Broadband Master Plan City of Hayward, CA Broadband Public-Private Partnership City of Vallejo, CA Broadband Consulting •Strategic joint builds •Reinvestment of revenues received for the use of infrastructure in the public right-of-way •Grant opportunities including economic development, transportation, CASF, EDA Funding Analysis •Fiber & Copper Networks, Facilities, Datacenters, & Related Infrastructure •Tools such as Broadband Now, Fiber Locator, Provider Interviews •Evaluate CIP, Development Agreements to Assess Opportunities Asset Inventory •What service offerings are currently available? •Providers •Service Levels •Pricing •What communities are unserved or underserved? Market Assessment & Gap Analysis •Broadband Survey Instrument •Workshop Sessions •Satisfaction with Current Service •Current and Future Needs •Digital Inclusion Needs Assessment Work Plan •Opportunities for Joint Build •Legal & Operational Structures •Balancing Goals •Partnership Matrix & Key Next Steps Partnership Evaluation •High Level Network Design •Leverage Existing Assets •Collaboration with Regional Partners •Estimated High-Level Costs •Leads to Shovel-Ready Project for Grant Applications Conceptual Network Design •Detailed findings of all previous tasks •Recommendations & Action Items •Review & Refinement w/County Team •Presentation to Leadership for Approval Final Plan Compilation & County Approval Work Plan Questions? TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Public Works Subject: Public Hearing for Hawthorne Undergrounding District for Change Proceedings for 683 Hilary Drive, and Consider Adopting a Resolution Confirming Changes to Place an Assessment on that Parcel Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY This item requests the Council hold a public hearing for the Hawthorne Undergrounding District for change proceedings for 683 Hilary Drive, and consider adopting a resolution confirming the changes. RECOMMENDED ACTION(S) 1. Adopt a Resolution Confirming Changes to Hawthorne Undergrounding District to Place an Assessment on 683 Hilary. BACKGROUND In 2016, property owners on portions of Rock Hill Drive, Hawthorne Drive, Hilary Drive, Hilary Court, Mira Vista Court, Del Mar Drive, Palmer Court and Tiburon Boulevard began the process of forming the Hawthorne Utility Undergrounding Assessment District (“The District”). The goal of forming the District is to facilitate removal of the existing overhead utility lines and poles and relocate them underground (the “Hawthorne Project”). The District consists of 120 parcels (plus 3 sliver parcels), including both residential and commercial properties. On February 7, 2018, property owners in the District approved tax assessments equal to the cost estimate to fund completion of the project, with the intent the Town would sell bonds in the approved amount to finance the Project. This item is being considered at the request of the property owner of 683 Hilary Drive APN 055-183-27. The property owner prepaid their assessment for the undergrounding district during the initial prepayment period in 2018 and the Notice of Assessment was discharged from their property. That property owner has now requested that the Town return that prepayment and the property be assessed for the Project. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting May 19, 2021 Agenda Item: PH-1 Town Council Meeting May 19, 2021 TOWN OF TIBURON PAGE 2 OF 2 At the March 19, 2021, Council meeting, the Town Council adopted Resolution 08-2021 setting a public hearing for May 19, 2021 at 5:00pm to hear and consider protests to this change for 683 Hilary. ANALYSIS Staff prepared an Addendum to the Engineer's Report (Exhibit 1) reflecting this change to assess this parcel for the original assessment of $104,076.89. This is the only change proposed to the Assessment District and the change will not result in an increase or decrease in the cost of the improvement to be financed by the Assessment District as described in the Final Report. After the March 19, 2021 Council meeting, Staff mailed a notice and ballot to the owner at 683 Hilary. The notice was prepared and mailed as described in Town Council Resolution 08-2021 and as required by California Government Code. The ballot has been received by the Town, it will be opened and tallied by the Town Clerk at the meeting, and the Council needs to hold a public hearing to hear and consider protests to this change. If the ballot is a “yes” vote, then the Town Council can adopt the resolution as recommended by Staff. FINANCIAL IMPACT This action has no financial impact on the Town or the Hawthorne Undergrounding District. the change will not result in an increase or decrease in the cost of the improvement to be financed by the Assessment District as described in the Final Report. Bond financing is planned to fund the assessments that are not paid in full during the prepayment period. The Town Council authorized the bond sale at the April 21, 2021 Council Meeting, and the current financing schedule shows that the bond sale will close on June 9, 2021. ENVIRONMENTAL REVIEW A mitigated negative declaration for the Project was approved by Town Council on November 15, 2017. RECOMMENDATION Staff recommends Town Council: 1. Adopt a Resolution Confirming Changes to Hawthorne Undergrounding District to Place an Assessment on 683 Hilary Exhibits: 1. Addendum to the Engineer's Report 2. Resolution Prepared By: Steven Palmer, PE, Director of Public Works / Town Engineer EXHIBIT 1 1401 Willow Pass Road, Suite 500, Concord, CA 94520 p: 925.827.4900 f: 866.356.0998 www.WeAreHarris.com FINAL ADDENDUM Town of Tiburon Assessment District No. 2017-1 (Hawthorne Undergrounding District) Engineer’s Report dated February 1, 2018 Date of Addendum: March 29, 2021 Background On the 7th day of February, 2018 the Town Council (the “Town Council”) of the Town of Tiburon (the “Town”) adopted Resolution No. 04-2018, which confirmed assessments (the “Assessments”) for the Town of Tiburon Assessment District No. 2017-1 (Hawthorne Undergrounding District) (the “District”). The District was formed for the purpose of undergrounding overhead utilities within the District. The Assessment Diagram was recorded in the office of the Director of Public Works, as Superintendent of Streets, on the 16th day of February, 2018. The Notice of Assessment and Right to Prepay Assessment (the “Notice of Assessment”) was mailed to property owners on the 21st day of February, 2018. Assessments were prepaid during the cash collection period for four (4) parcels. At this time, the property owner of one (1) of the prepaid parcels has petitioned to have their parcel reinstated back into the District, to have a new Assessment at the original amount assessed against their parcel and their prepayment amount, less costs incurred by the Town, refunded to them. This Addendum serves to document the events relating to the Engineer’s Report dated February 1, 2018 (the “Report”) and the Assessment District commencing with the date the Report was confirmed. Findings Whereas, on the 7th day of February, 2018, Town Council held the Public Hearing and, after tabulation of Assessment Ballots revealed that there was no majority protest, approved the final Report, approved and confirmed the Assessments in the amount of $11,846,005.33, and ordered filing and recordation of the Assessment Diagram and Notice of Assessment. Whereas, on the 22nd day of February, 2018, the Assessment Diagram and Notice of Assessment were recorded at the County of Marin in Book 2018 of Maps and Assessments at Page 21. The Assessment Diagram is Document Number 2018-005674 and the Notice of Assessment is Document Number 2018-005675. Whereas, Assessments were prepaid for four (4) parcels during the cash collection period that occurred from the 21st day of February, 2018, to the 23rd day of March, 2018. The prepaid Assessments are as follows: •Assessment No. 51 was prepaid, reducing the confirmed Assessment amount of $104,076.89 to $0. 2 •Assessment No. 55A was prepaid, reducing the confirmed Assessment amount of $88,329.60 to $0. •Assessment No. 116 was prepaid, reducing the confirmed Assessment amount of $104,076.89 to $0. •Assessment No. 118 was prepaid, reducing the confirmed Assessment amount of $41,315.91 to $0. Whereas, District Assessments were reduced by $337,799.29 from the cash collections leaving total remaining Assessments equal to $11,508,205.98. Whereas, on the 1st day of May, 2018, the Notice of Discharge of Assessments was recorded with the County of Marin for the four parcels that paid during the cash collection period as Document Number 2018-0015490. Whereas, the property owner of Assessor’s Parcel Number 055-183-27, represented by Assessment No. 51 one of the prepaid parcels, requested that the Town refund the cash prepayment with respect to such parcel and place a new assessment thereon in the amount of $104,076.89, which equals the amount initially assessed against such parcel as set forth in the Report. Whereas, the Assessment Engineer has determined that the methodology used in the original Report is still valid and the amount of the calculated Assessment is in proportion to the amount of special benefit received from the improvements as described in the Report. Whereas, assuming the new Assessment No. 51A (as described herein) is assessed against Assessor’s Parcel Number 055-183-27, the Assessment Engineer hereby reconfirms that the requirement of Division 4 of the California Streets and Highway Code remains satisfied with Part 7.5 of said Division 4, for which the following is presented: a.The total amount, as near as can be determined, of the total principal amount of all unpaid special assessment and special assessments required or proposed to be levied under any completed or pending assessment proceedings, other than contemplated in the instant proceeding is: $0 b.The total amount of the principal sum of the special assessment (the “Balance of Assessment”) proposed to be levied in the instant proceeding is: $104,076.89 c.The total amount of the principal sum of unpaid special assessment levied against the parcel proposed to be assessed plus the principal amount of the special assessment proposed to be levied in the instant proceeding is: $104,076.89 d.The total true value, as near as may be determined, of the land and improvements for the parcel which is proposed to be assessed in the instant proceeding, as determined by the full cash value of the parcel as shown upon the last equalized assessment roll of the County of Marin, is: $1,714,877 •A new Assessment No. 51A, in the amount of $104,076.89, is placed on Assessor’s Parcel Number 055-183-279. Therefore, the following modification to the Assessment is made: 3 •The total Assessments for the Assessment District now equal $11,612,283. I, Alison Bouley, P.E. the authorized representative of Harris & Associates, the duly appointed Assessment Engineer, am of the opinion that Assessment No. 51A has been apportioned in accordance with the estimated special benefit derived by Assessor’s Parcel Number 055-185-27 and that the new Assessment Number 51A does not exceed the reasonable cost of the proportional special benefit to be conferred on such parcel, per the assessment apportionment methodology approved by the City Council and the property owners within the District via a property owner balloting proceeding, which culminated on the 7th day of February, 2018,per the provisions of Article XIIID of the California Constitution. This report does not represent a recommendation of parcel value, economic viability or financial feasibility, as that is not the responsibility of the Assessment Engineer. DATED: March 29, 2021 Harris & Associates By: __________________________ Alison Bouley, P.E. ASSESSMENT ENGINEER R.C.E. No. C61383 N No Scale22 Executive Park, Suite 200, Irvine, CA 92614 p: 949.655.3900 f: 949.655.3995 www.WeAreHarris.com ADDENDUM TO THE ASSESSMENT DIAGRAM FOR HAWTHORNE UNDERGROUNDING DISTRICT TOWN OF TIBURON COUNTY OF MARIN, STATE OF CALIFORNIA 1.FILED IN THE OFFICE OF THE TOWN CLERK OF THE TOWN OF TIBURON THIS _____ DAY OF ____________, 2021. TOWN CLERK OF THE TOWN OF TIBURON 2.RECORDED IN THE OFFICE OF THE TOWN ENGINEER OF THE TOWN OF TIBURON THIS ______ DAY OF ______________, 2021. TOWN ENGINEER OF THE TOWN OF TIBURON 3.AN ASSESSMENT WAS LEVIED BY THE TOWN COUNCIL ON ASSESSOR’S PARCEL NUMBER 055-183-27 AS SHOWN ON THIS ADDENDUM TO ASSESSMENT DIAGRAM. THE ASSESSMENT WAS LEVIED ON THE 19TH DAY OF MAY, 2021 AND THE PARCEL IS A PART OF THE TOWN OF TIBURON ASSESSMENT DISTRICT NO. 2017-1 (HAWTHORNE UNDERGROUNDING DISTRICT); THE ADDENDUM TO ASSESSMENT DIAGRAM AND THE AMENDED ASSESSMENT ROLL WERE RECORDED IN THE OFFICE OF THE TOWN ENGINEER AS THE SUPERINTENDENT OF STREETS OF THE TOWN OF TIBURONON ON THE DAY OF , 2021. REFERENCE IS MADE TO THE AMENDED ASSESSMENT ROLL RECORDED IN THE OFFICE OF THE SUPERINTENDENT OF STREETS FOR THE EXACT AMOUNT OF THE ASSESSMENT LEVIED AGAINST THE PARCEL OF LAND SHOWN ON THIS ADDENDUM TO ASSESSMENT DIAGRAM. 4.THIS ADDENDUM TO ASSESSMENT DIAGRAM IS AN ADDENDUM TO THE ASSESSMENT DIAGRAM FOR THE HAWTHORNE UNDERGROUNDING DISTRICT OF THE TOWN OF TIBURON, COUNTY OF MARIN, STATE OF CALIFORNIA RECORDED ON THE 22ND DAY OF FEBRUARY, 2018 AT THE HOUR OF 9:35 O’CLOCK A.M. IN BOOK 2018 OF MAPS AT PAGE 21 IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF MARIN, STATE OF CALIFORNIA AS DOCUMENT NO. 2018-0005674. TOWN CLERK OF THE TOWN OF TIBURON 5.FILED THIS ______ DAY OF ________________ 2021 AT THE HOUR OF ___________ O'CLOCK ____.M. IN BOOK _______ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS PAGE NO. _____ IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF MARIN, STATE OF CALIFORNIA. COUNTY RECORDER OF THE COUNTY OF MARIN BY: __________________________________________ DEPUTY 51A 055-183-20 LEGEND ASSESSMENT NO. ASSESSOR’S PARCEL NO. 51A 055-183-20 EXHIBIT 2 Stradling Yocca Carlson & Rauth Draft of 5/11/21 1 4833-0915-4025v2/200690-0001 RESOLUTION NO. _______ RESOLUTION OF THE TOWN COUNCIL OF TOWN OF TIBURON, CALIFORNIA, CONFIRMING CHANGES TO TOWN OF TIBURON ASSESSMENT DISTRICT NO. 2017-1 (HAWTHORNE UNDERGROUNDING DISTRICT) TO PLACE AN ASSESSMENT ON A PARCEL AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH WHEREAS, this Town Council on January 4, 2017 adopted Resolution No. 01-2017 (the “Resolution of Intention”) declaring its intention to order the construction of certain improvements to underground utilities as described in the Resolution of Intention (the “Improvements”) and to form the Town of Tiburon Assessment District No. 2017-1 (Hawthorne Undergrounding District) (the “Assessment District”) under the provisions of the Municipal Improvement Act of 1913 (Division 12 of the California Streets and Highways Code, “the Act”); and WHEREAS, this Town Council on November 29, 2017 adopted Resolution No. 35-2017 which preliminarily approved a report prepared under and pursuant to the Act and, in particular, Section 10204 of the California Streets and Highways Code (the “Engineer’s Report”) and fixed February 7, 2018 at the hour of 6:00 p.m. at the regular meeting place of the Town Council, Town Hall, 1505 Tiburon Boulevard, Tiburon, California 94920, as the time and place of hearing protests and objections to the Assessment District as proposed, including the Improvements and assessments included in the Engineer’s Report, and to receive and count the ballots for and against the proposed assessments to be levied; and WHEREAS, this Town Council on February 7, 2018 adopted Resolution No. 04-2018 which approved a Final Engineer’s Report (the “Final Report”) setting forth the Improvements to be acquired and constructed, found that a majority protest did not exist with respect to the assessments described in the Final Report, approved and confirmed the amounts to be assessed against the individual parcels shown in the assessment diagram contained in the Final Report, and directed the Town Clerk to record the assessment diagram and a Notice of Assessment in the office of the County Recorder of the County of Marin; and WHEREAS, following the recordation of the assessment diagram, an initial 30-day cash payment period began in which the owners of 4 parcels within the Assessment District, including the owner of Assessor’s Parcel Number 055-183-27, represented by Assessment Number 51 shown in the Final Report, prepaid their assessments and, following such payments, a Notice of Discharge of Assessment Liens and Addendum to Notice of Assessment was recorded in the office of the County Recorder of the County of Marin as Document No. 2018-0015490 reflecting such payments; and WHEREAS, following the close of the initial 30-day cash payment period, the owner of Assessor’s Parcel Number 055-183-27, represented by Assessment Number 51 shown in the Final Report, requested that the Town refund the cash prepayment made with respect to Assessor’s Parcel Number 055-183-27 and place a new assessment thereon in the amount of $104,076.89, which equals the amount initially assessed against such parcel as set forth in the Final Report; and WHEREAS, an Addendum to the Engineer’s Report (the “Addendum”) has been prepared setting forth the proposed assessment for Assessor’s Parcel Number 055-183-27, and the Addendum 2 4833-0915-4025v2/200690-0001 has been filed with the Town Council and has been available for review by the property owners within the Assessment District; and WHEREAS, the provisions of Section 10350, et seq. of the California Streets and Highways Code provide that changes may be made to the proceedings for an assessment district if the Town adopts a resolution briefly describing the changes proposed to be made, stating the amount of the estimated increase or decrease in the cost of the improvement by reason of the proposed changes and giving notice of a time and place when and where any interested person having any objection to the changes proposed to be made may appear and show cause why the changes should not be ordered; and WHEREAS, on March 31, 2021, the Town Council adopted Resolution No. 08-2021 preliminarily approving the Addendum and setting a public hearing for May 19, 2021 at 5:00 p.m. at the regular meeting place of the Town Council at Town Hall Council Chambers, 1505 Tiburon Boulevard, Tiburon, California 94920 to hear and consider protests and objections to the proposed Addendum and the new assessment on Assessor’s Parcel Number 055-183-27. WHEREAS, at the time and place stated in the notice of the public hearing, a hearing was duly held by this Town Council and, during the course of the hearing, the Addendum was duly presented and considered, all written protests and objections received, if any, were duly presented, read, heard and considered and all persons appearing at the hearing and desiring to be heard in the matter of the Addendum were heard, and a full, fair and complete hearing has been conducted; and WHEREAS this Town Council has received the ballot filed with the Town Clerk prior to the conclusion of the hearing by the owner of Assessor’s Parcel Number 055-183-27 , and the Town Clerk has certified that the ballot was cast in favor of the proposed levy of the new assessment on Assessor’s Parcel Number 055-183-27; and WHEREAS, this Town Council has considered the assessment proposed in the Addendum and the evidence presented at said hearing; and WHEREAS, this Town Council now desires to approve the Addendum, place a new assessment on Assessor’s Parcel Number 055-183-27 in the amount of $104,076.89, which is the amount originally assessed against Assessment Number 51, and subject Assessor’s Parcel Number 055-183-27 to a levy for up to the maximum annual assessment for administrative expenses set forth in the Addendum; NOW, THEREFORE, the Town Council of the Town of Tiburon DOES HEREBY FIND, DETERMINE, RESOLVE, AND ORDER as follows: Section 1. The above recitals are all true and correct. Section 2. The May 19, 2021 public hearing has been duly held in accordance with the requirements of Article XIIID, the Act (including but not limited to the provisions of Section 10350, et seq. of the California Streets and Highways Code) and Government Code Section 53753, and each and every step in the proceedings prior to and including the hearing has been duly and regularly taken. This Town Council is satisfied with the correctness of the Addendum, including the new assessment on Assessor’s Parcel Number 055-183-27 and the maximum annual assessment for administrative expenses, the proceedings and all matters relating thereto and adopts each of the findings, determinations and conclusions stated therein as a basis for confirming the new assessment on Assessor’s Parcel Number 055-183-27. 3 4833-0915-4025v2/200690-0001 Section 3. The Town Council overrules and denies any and all protests, objections and appeals made in regard to these proceedings; and it finds and determines that based on the ballot received and tabulated as described herein, there is not a majority protest against the new assessment on Assessor’s Parcel Number 055-183-27. In tabulating the ballot, in accordance with the requirements of Article XIIID, the ballot was weighted according to the proportional financial obligation of the affected property. Section 4. The amount of the new assessment on Assessor’s Parcel Number 055-183-27 shown in the Addendum and the proposed maximum annual assessment per parcel for administrative expenses shown are confirmed and are fixed in said amounts. Section 5. The Town Clerk is authorized and directed to endorse the fact and date of the approval of the new assessment on the Addendum. Section 6. The assessment is to be placed on file in the office of the Superintendent of Streets, and the Town Clerk is authorized and directed to record, or cause to be recorded, the assessment in the office of the County Recorder of the County of Marin as required by Sections 3114, 10401 and 10402.5 of the California Streets and Highways Code by filing a diagram of the assessment or an addendum to the existing diagram for the Assessment District; and the Town Clerk shall record, or cause to be recorded, a Notice of Assessment or an addendum to the existing Notice of Assessment with respect to the new assessment on Assessor’s Parcel Number 055-183-27 pursuant to Section 3114 of said Code. Section 7. The Superintendent of Streets is authorized and directed to give notice of the recordation of the assessment, as provided in Section 10404(b) of the California Streets and Highways Code. Section 8. This Resolution shall take effect immediately upon its adoption. Section 9. The Town Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED, and ADOPTED on May 19, 2021. HOLLI P. THIER, Mayor ATTEST: LEA STEFANI Town Clerk