HomeMy WebLinkAboutTC Agd Pkt 2021-12-01
TOWN OF TIBURON
Tiburon Town Hall
1505 Tiburon Boulevard
Tiburon, CA 94920
Tiburon Town Council
December 1, 2021
Special Meeting – 4:00 P.M.
Regular Meeting – 5:00 P.M.
TIBURON
TOWN COUNCIL
AGENDA
CORONAVIRUS (COVID-19) ADVISORY NOTICE
Consistent with Government Code section 54953(e), 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://us06web.zoom.us/j/84623497615
Webinar ID: 846 2349 7615
Call-in Number: +1 669 900 6833
Access Code: 846 2349 7615
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 – 4:00 P.M.
CALL TO ORDER AND ROLL CALL
Councilmember Fredericks, Councilmember Ryan, Vice Mayor Welner, Mayor Thier
ORAL COMMUNICATIONS
Persons wishing to address the Town Council on subjects not on the agenda may do so at this time.
Please note however, that the Town Council is not able to undertake extended discussion or action on
items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board,
Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit
your comments to three (3) minutes.
CONSENT CALENDAR
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 for November 17, 2021 Town Council regular meeting
(Department of Administrative Services)
CC-2. Teleconference Meetings – Adopt resolution that would allow the Town to continue to operate
virtual board meetings in accordance with AB 361 (Department of Administrative Services)
CC-3. November 2, 2021 Special Municipal Election – Adopt resolution certifying the results of the
November 2, 2021 Special Municipal Election and declaring Councilmember-elect Noah Griffin
elected to the Tiburon Town Council (Department of Administrative Services)
CC-4. Annual Appointments List – Adopt annual list of appointments made by the Town Council in
2021 pursuant to state law (Department of Administrative Services)
CC-5. Investment Summary – Adopt investment summary for month ending October 31, 2021
(Department of Administrative Services)
ACTION ITEMS
AI-1. Oath of Office – Council-member elect Noah Griffin will be sworn into office.
AI-2. Recognition of Mayor Holli Thier – Mayor Thier is invited to share her comments and the
Council is invited to share their comments with the outgoing Mayor, as well.
AI-3. Election of New Mayor – Outgoing Mayor Thier will entertain nominations for the Office of
Mayor and conduct the election.
AI-4. Election of New Vice Mayor – The Mayor-elect will conduct the election of Vice Mayor.
AI-5. Town Council Ad Hoc Subcommittee – Consider creation of the 2022 Town Manager
Performance Evaluation ad hoc subcommittee and appoint membership.
TOWN COUNCIL REPORTS
TOWN MANAGER REPORT
ADJOURNMENT – to regular meeting
REGULAR MEETING – 5:00 P.M.
CALL TO ORDER AND ROLL CALL
Councilmembers: Fredericks, Griffin, Ryan, Thier, Welner
ORAL COMMUNICATIONS
Persons wishing to address the Town Council on subjects not on the agenda may do so at this time.
Please note however, that the Town Council is not able to undertake extended discussion or action on
items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board,
Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit
your comments to three (3) minutes.
CONSENT CALENDAR
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. Municipal Code Amendments – Adopt ordinance making amendments to Chapter 26 (Solid
Waste Storage, Collection and Disposal) of the Town’s Municipal Code related to the
implementation of SB 1383 provisions (Department of Public Works)
ADJOURNMENT
GENERAL PUBLIC INFORMATION
ASSISTANCE FOR PEOPLE WITH DISABILITIES
In compliance with the Americans with Disabilities Act, if you need special
assistance to participate in this meeting, please contact the Town Clerk at (415) 435-
7377. Notification 48 hours prior to the meeting will enable the Town to make
reasonable arrangements to ensure accessibility to this meeting.
AVAILABILITY OF INFORMATION
Copies of all agenda reports and supporting data are available for viewing and
inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to
Town Hall. Agendas and minutes are posted on the Town’s website,
www.townoftiburon.org.
Upon request, the Town will provide written agenda materials in appropriate
alternative formats, or disability-related modification or accommodation, including
auxiliary aids or services, to enable individuals with disabilities to participate in
public meetings. Please send a written request, including your name, mailing
address, phone number and brief description of the requested materials and preferred
alternative format or auxiliary aid or service at least 5 days before the meeting.
Requests should be sent to the Office of the Town Clerk at the above address.
PUBLIC HEARINGS
Public Hearings provide the general public and interested parties an opportunity to
provide testimony on these items. If you challenge any proposed action(s) in court,
you may be limited to raising only those issues you or someone else raised at the
Public Hearing(s) described later in this agenda, or in written correspondence
delivered to the Town Council at, or prior to, the Public Hearing(s).
TIMING OF ITEMS ON AGENDA
While the Town Council attempts to hear all items in order as stated on the agenda,
it reserves the right to take items out of order. No set times are assigned to items
appearing on the Town Council agenda.
Page 1 of 3
Tiburon Town Council Minutes #22-2021 DRAFT November 17, 2021
TOWN COUNCIL REGULAR MEETINGS
DRAFT MINUTES
Consistent with Government Code section 54953(e), 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.
Mayor Thier called the regular meeting of the Tiburon Town Council to order at 5:00 p.m. on Wednesday, November 17, 2021.
CALL TO ORDER AND ROLL CALL
PRESENT: COUNCILMEMBERS: Fredericks, Ryan, Thier, Welner ABSENT: COUNCILMEMBERS: One Vacant Seat
PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock,
Director of Community Development Tasini, Associate Engineer Eshoo, Town Clerk Stefani
ORAL COMMUNICATIONS
Catherine Cooper disapproved of the Town’s contribution toward the late-night ferry subsidy and felt the funds would be more appropriately spent on the commuter ferry.
CLOSED SESSION
1.CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATIONInitiation of litigation pursuant to Government Code Section 54956.9(d)(4): (Onepotential case)
2.CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Paragraph (2) of Subdivision (d) ofGovernment Code Section 54956.9: (One potential case)Claims filed by Yema Khalif and Hawi Awash on January 25, 2021 on file with theTown Clerk’s Office
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY
There was none.
CONSENT CALENDAR
CC-1. Town Council Minutes – Adopt minutes for October 28, 2021 Town Council specialmeeting (Department of Administrative Services)
CC-1
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Page 2 of 3
Tiburon Town Council Minutes #22-2021 DRAFT November 17, 2021
CC-2. Town Council Minutes – Adopt minutes for November 3, 2021 Town Council special
and regular meetings (Department of Administrative Services) CC-3. 4916 Ranch Road – Adopt ordinance prezoning 4916 Ranch Road to RO-2 (Residential Open) zoning district (Community Development Department)
MOTION: To adopt Consent Calendar Items No. 1-3, as written.
Moved: Thier, seconded by Welner VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: One Vacant Seat
PUBLIC HEARINGS PH-1. Municipal Code Amendments – Consider amendments to Chapter 26 (Solid Waste Storage, Collection and Disposal) of the Town’s Municipal Code related to implementation of SB 1383 that would enable the Town to require and enforce provisions
of SB 1383 – Introduction and first reading of ordinance (Department of Public Works)
MOTION: To introduce the ordinance and read by title only, waiving further readings, and to scheduled for adoption at the next regular meeting of the Town Council. Moved: Thier, seconded by Ryan
VOTE: AYES: Fredericks, Ryan, Thier, Welner
ABSENT: One Vacant Seat Mayor Thier read “Chapter 26 – Solid Waste Storage, Collection and Disposal”.
ROLL CALL VOTE: AYES: Fredericks, Ryan, Thier, Welner
ABSENT: One Vacant Seat DISCUSSION ITEMS
D-1. Town Council Retreat – Review of Capital Projects List and Prioritization for FY 2022
No action taken. D-2. Town Council Retreat – Review of American Rescue Plan Funding, Review of Town
Proposed Expenditures for Reimbursement, Review of Allowed Expenditures for
Funding. No action taken.
TOWN COUNCIL REPORTS None.
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Page 3 of 3
Tiburon Town Council Minutes #22-2021 DRAFT November 17, 2021
TOWN MANAGER REPORT
None. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Thier
adjourned the meeting at 6:55 p.m.
HOLLI THIER, MAYOR TOWN OF TIBURON
ATTEST:
LEA STEFANI, TOWN CLERK
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TOWN OF TIBURON PAGE 1 OF 2
STAFF REPORT
To: Mayor and Members of the Town Council
From: Department of Administrative Services
Subject: AB 361 Teleconference Meetings
Reviewed By: _________
Greg Chanis, Town Manager
________
Benjamin Stock, Town Attorney
SUMMARY In accordance with Government Code Section 54953, the Council will consider adoption of a resolution
that would allow the Town to continue to operate virtual board meetings for the next 30 days. RECOMMENDED ACTION(S) 1. Adopt the attached resolution (Exhibit 1).
BACKGROUND In September 2021, the Ralph M. Brown Act (Brown Act) was amended by Assembly Bill 361 to
allow fully virtual board meetings during a state of emergency. AB 361 amends Government
Code section 54953 to allow virtual board meetings through January 1, 2024 in any of the following circumstances: 1. The legislative body holds a meeting during a proclaimed state of emergency and state or
local officials have imposed or recommended measures to promote social distancing.
2. The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. 3. The legislative body holds a meeting during a proclaimed state of emergency and has
determined, by majority vote, that, as a result of the emergency, meeting in person would
present imminent risks to the health or safety of attendees. To continue to hold virtual meetings while California’s state of emergency remains active, the body must make findings every 30 days that: 1) the body has reconsidered the circumstances of
the state of emergency and 2) that the state of emergency continues to directly impact the ability
of the members to meet safely in person or state and state or local officials continue to impose or recommend measures to promote social distancing.
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting December 1, 2021
Agenda Item: CC-2
Town Council Meeting December 1, 2021
TOWN OF TIBURON PAGE 2 OF 2
The attached resolution (Exhibit 1) makes the required findings to allow the Town Council and Council appointed boards and commissions to continue to operate virtual meetings for the next 30 days.
ANALYSIS No further analysis provided. FINANCIAL IMPACT
Staff anticipates no direct fiscal impact to the Town. CLIMATE IMPACT
Staff has determined this action will have no 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 adopt the attached resolution (Exhibit 1). Exhibit(s): 1. DRAFT Resolution Prepared By: Lea Stefani, Town Clerk
EXHIBIT 1
Page 1 of 2
Town Council Resolution No. XX-2021 DRAFT 12/1/2021
DRAFT RESOLUTION NO. XX-2021 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AND ON BEHALF OF COMMISSIONS AND COMMITTEES CREATED BY THE TOWN COUNCIL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54952(b)
AUTHORIZING TELECONFERENCE MEETINGS IN COMPLIANCE WITH AB 361 (GOVERNMENT CODE SECTION 54953(e)) TO CONTINUE TO ALLOW MEMBERS OF THE PUBLIC TO SAFELY PARTICIPATE IN LOCAL GOVERNMENT MEETINGS
WHEREAS, the Town Council is committed to ensuring public access to observe and
participate in local government meetings; and WHEREAS, all meetings of the Town Council and other legislative bodies created pursuant to Government Code Section 54952(b) are open and public, as required by the Ralph
M. Brown Act, so that any member of the public may participate in local government meetings;
and WHEREAS, the recently adopted AB 361, codified at Government Code section 54953(e), makes provisions for remote teleconferencing participation in local government meetings, without compliance with the requirements of 54953(b)(3), during a Governor-
proclaimed state of emergency and if the local legislative body determines, by majority vote, that
as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees, and WHEREAS, on March 4, 2020, Governor Newsom proclaimed a State of Emergency due
to the outbreak of respiratory illness due to a novel coronavirus (now known as COVID-19) and
that State of Emergency is still in effect in the State of California; and WHEREAS, on March 3, 2020, Marin County declared a local emergency due to the COVID-19; and
WHEREAS, on March 16, 2020, the Town Manager proclaimed the existence of a local state of emergency within the Town, pursuant to Section 21-6 of the Tiburon Municipal Code and Section 8625 of the California Emergency Services Act in response to the COVID-19 pandemic, which was ratified by the Town Council on March 18, 2020; and
WHEREAS, COVID-19 continues to threaten the health and lives of Town residents; and WHEREAS, the SARS-CoV-2 Delta Variant (Delta Variant) is highly transmissible in indoor settings; and
WHEREAS, on July 28, 2021, the California Department of Public Health issued guidance calling for the use of face coverings and stating that the Delta Variant is two times as contagious as early COVID-19 variants, leading to increasing infections, the Delta Variant accounts for over 80% of cases sequenced, and cases and hospitalizations of COVID-19 are
rising throughout the state; and
WHEREAS, the Delta Variant has caused, and will continue to cause, conditions of
Page 2 of 2
Town Council Resolution No. XX-2021 DRAFT 12/1/2021
imminent peril to the health safety of persons within the Town; an
WHEREAS, the Town Council, acting as a legislative body pursuant to Government Code section 54952(a) and for the benefit of the commissions, committees and other bodies that were created by the Town Council pursuant to Government Code section 54952(b) (collectively
referred to as “Legislative Bodies”), finds that the current conditions meet the circumstances set
forth in Government Code section 54953(e)(3) to allow Legislative Bodies to continue to use teleconferencing to hold open and public meetings if the Legislative Bodies comply with the requirements set forth in Government Code section 54953(e)(2) to ensure the public can safely participate in and observe local government meetings.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon that the Town Council does hereby: 1. Find that Current Conditions Authorize Teleconference Public Meetings of
Legislative Bodies. Based on the California Governor’s continued declaration of
a State of Emergency and current conditions, the Town Council finds that meeting in person would present imminent risks to the health or safety of attendees, such that the conditions continue to exist pursuant to Government Code section 54953(e)(3) to allow Legislative Bodies to use teleconferencing to hold public
meetings in accordance with Government Code section 54953(e)(2) to ensure
members of the public have continued access to safely observe and participate in local government meetings. 2. Authorize Legislative Bodies to Conduct Teleconference Meetings. The
Legislative Bodies are hereby authorized to take all actions necessary to carry out
the intent and purpose of this Resolution, including conducting open and public meetings in accordance with Government Code section 54953(e)(2) and other applicable provisions of the Brown Act.
PASSED AND ADOPTED at a regular meeting of the Town Council on December 1, 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 2
STAFF REPORT
To: Mayor and Members of the Town Council
From: Department of Administrative Services
Subject: Adopt Resolution Certifying November 2, 2021 Special Election Results
Reviewed By: _________
Greg Chanis, Town Manager
________
Benjamin Stock, Town Attorney
SUMMARY On November 19, 2021, the Marin County Registrar of Voters certified the results of the November 2,
2021 special municipal election. Today the Council will adopt the resolution certifying the results. RECOMMENDED ACTION(S) 1. Adopt the resolution certifying the results of the November 2, 2021 special election by adoption of this item on the Consent Calendar.
BACKGROUND
The Marin County Registrar of Voters certified the results of the November 2, 2021 special municipal election on November 19, 2021. Attached to this report are the Canvass of Vote (Exhibit 1) and the Statement of Results (Exhibit 2) for votes cast in the Town of Tiburon. Staff has prepared a resolution (Exhibit 3) for Council adoption certifying the election results
based on the Registrar’s report. The Marin County Board of Supervisors will approve the results as well. ANALYSIS
No further analysis provided. FINANCIAL IMPACT
Staff anticipates no direct fiscal impact to the Town by adoption of this resolution.
CLIMATE IMPACT Staff has determined this action will have no direct climate impact to Tiburon.
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting December 1, 2021
Agenda Item: CC-3
Town Council Meeting December 1, 2021
TOWN OF TIBURON PAGE 2 OF 2
ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of
the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to
constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION
Staff recommends that the Town Council adopt the resolution (Exhibit 3) certifying the results of the November 2, 2021 special election by adoption of this item on the Consent Calendar. Exhibit(s): 1. Certificate of Canvass of Vote 2. Statement of Results for votes cast in Tiburon 3. Draft resolution certifying election results Prepared By: Lea Stefani, Town Clerk
EXHIBIT 1
EXHIBIT 2
Candidate Polls Vote by Mail Total
NOAH GRIFFIN 43 1,206 1,249 47.84%
KATHLEEN M. DEFEVER 19 697 716 27.42%
LEONOR " NORA" NOGUEZ 7 335 342 13.10%
BRIAN JOSEPH
MCCULLOUGH 21 283 304 11.64%
Total Votes 90 2,521 2,611
Polls Vote by Mail Total
Times Cast 91 2,540 2,631 / 6,684 39.36%
Precincts Reported: 3 of 3 (100.00%)
Town of Tiburon Town Council Member (Vote for 1)
Precincts Reported: 3 of 3 (100.00%)
Voters Cast: 2,631 of 6,684 (39.36%)
MARIN COUNTY ELECTIONS DEPARTMENT
SPECIAL ELECTION - NOVEMBER 2, 2021
Official Final Election Results
11/19/2021 9:34:02 AMPage: 1 of 1
Precinct Registered
Voters Voters Cast % Turnout
Countywide
Electionwide
31101
Polls 2,398 21 0.88%
Vote by Mail 2,398 858 35.78%
Total 2,398 879 36.66%
31102
Polls 2,201 28 1.27%
Vote by Mail 2,201 864 39.25%
Total 2,201 892 40.53%
31103
Polls 2,085 42 2.01%
Vote by Mail 2,085 818 39.23%
Total 2,085 860 41.25%
Electionwide - Total 6,684 2,631 39.36%
Cumulative
Cumulative
Polls 0 0 N/A
Vote by Mail 0 0 N/A
Total 0 0 N/A
Cumulative - Total 0 0 N/A
Countywide - Total 6,684 2,631 39.36%
Polls 6,684 91 1.36%
Vote by Mail 6,684 2,540 38.00%
MARIN COUNTY ELECTIONS DEPARTMENT
SPECIAL ELECTION - NOVEMBER 2, 2021
Official Final Election Results
11/19/2021 9:35:35 AMPage: 1 of 3
Town of Tiburon Town Council Member (Vote for 1)
Precinct Ti
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s
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i
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t
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r
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d
Vo
t
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r
s
Countywide
Electionwide
31101
Polls 21 2,398
Vote by Mail 858 2,398
Total 879 2,398
31102
Polls 28 2,201
Vote by Mail 864 2,201
Total 892 2,201
31103
Polls 42 2,085
Vote by Mail 818 2,085
Total 860 2,085
Electionwide - Total 2,631 6,684
Cumulative
Cumulative
Polls 0 0
Vote by Mail 0 0
Total 0 0
Cumulative - Total 0 0
Countywide - Total 2,631 6,684
Precinct NO
A
H
G
R
I
F
F
I
N
BR
I
A
N
J
O
S
E
P
H
MC
C
U
L
L
O
U
G
H
Countywide
Electionwide
31101
Polls 11 52.38%3 14.29%
Vote by Mail 427 50.18%93 10.93%
Total 438 50.23%96 11.01%
31102
Polls 13 46.43%9 32.14%
Vote by Mail 431 50.29%86 10.04%
Total 444 50.17%95 10.73%
31103
Polls 19 46.34%9 21.95%
Vote by Mail 348 42.80%104 12.79%
Total 367 42.97%113 13.23%
Electionwide - Total 1,249 47.84%304 11.64%
Cumulative
Cumulative
Polls 0 0
Vote by Mail 0 0
Total 0 0
Cumulative - Total 0 0
Countywide - Total 1,249 47.84%304 11.64%
11/19/2021 9:35:35 AMPage: 2 of 3
Precinct KA
T
H
L
E
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N
M
.
DE
F
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V
E
R
LE
O
N
O
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"
N
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NO
G
U
E
Z
To
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a
l
V
o
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s
Countywide
Electionwide
31101
Polls 4 19.05%3 14.29%21
Vote by Mail 201 23.62%130 15.28%851
Total 205 23.51%133 15.25%872
31102
Polls 6 21.43%0 0.00%28
Vote by Mail 240 28.00%100 11.67%857
Total 246 27.80%100 11.30%885
31103
Polls 9 21.95%4 9.76%41
Vote by Mail 256 31.49%105 12.92%813
Total 265 31.03%109 12.76%854
Electionwide - Total 716 27.42%342 13.10%2,611
Cumulative
Cumulative
Polls 0 0 0
Vote by Mail 0 0 0
Total 0 0 0
Cumulative - Total 0 0 0
Countywide - Total 716 27.42%342 13.10%2,611
11/19/2021 9:35:35 AMPage: 3 of 3
EXHIBIT 3
Page 1 of 2
Town Council Resolution No. XX-2021 DRAFT 12/01/2021
DRAFT RESOLUTION NO. XX-2021
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON CERTIFYING THE RESULTS OF THE SPECIAL MUNICIPAL ELECTION HELD IN AND FOR THE TOWN OF TIBURON, STATE OF CALIFORNIA, ON THE 2nd DAY OF NOVEMBER 2021 FOR THE PURPOSE OF ELECTING ONE COUNCILMEMBER ______________________________________________________________________
WHEREAS, the Town Council of the Town of Tiburon did heretofore order an election that was held within the Town of Tiburon on the 2nd day of November 2021, for the purpose of selecting one (1) Town Council member to serve a term of three years until November 2024; and
WHEREAS, said election was held pursuant to the requirements of the Government Code and the Elections Code of the State of California; and WHEREAS, the Town Council of the Town of Tiburon has received the Canvass of the
Vote for this election from the Marin County Registrar of Voters;
NOW THEREFORE BE IT RESOLVED, ORDERED AND DECLARED as follows: 1. That the whole number of ballots cast in the Town of Tiburon in said election was 2,631
which comprised 39.36 % of the registered voters (6,684);
2. That the names of the persons voted for were: Noah Griffin Kathleen M. Defever
Leonor “Nora” Noguez
Brian Joseph McCullough 3. That the number of votes counted by precinct were:
PRECINCT NO. 31101
Candidate Polls Vote by Mail Total
Noah Griffin 11 427 438 Kathleen M. Defever 4 201 205
Leonor “Nora” Noguez 3 130 133
Brian Joseph McCullough 3 93 96 PRECINCT NO. 31102
Candidate Polls Vote by Mail Total Noah Griffin 13 431 444
Kathleen M. Defever 6 240 246
Leonor “Nora” Noguez 0 100 100 Brian Joseph McCullough 9 86 95
Page 2 of 2
Town Council Resolution No. XX-2021 DRAFT 12/01/2021
PRECINCT NO. 31103
Candidate Polls Vote by Mail Total Noah Griffin 19 348 367
Kathleen M. Defever 9 256 265
Leonor “Nora” Noguez 4 105 109
Brian Joseph McCullough 9 104 113
6. That the total number of votes cast throughout the Town of Tiburon (2,631) for the vacant seat on the Town Council were as follows:
Candidate Total Votes Percentage of Votes Noah Griffin 1,249 47.84%
Kathleen M. Defever 716 27.42%
Leonor “Nora” Noguez 342 13.10%
Brian Joseph McCullough 304 11.64%
7. That the following person is hereby declared to be elected as a member of the Town Council of the Town of Tiburon for a term of three years until November 2024:
Noah Griffin
8. That the Town Clerk is hereby directed to cause a certified copy of this resolution to be delivered to each candidate.
PASSED AND ADOPTED at a special meeting of the Tiburon Town Council on
December 1, 2021, by the following vote: AYES: COUNCILMEMBERS:
NAYS: COUNCILMEMBERS:
__________________________________
HOLLI THIER, MAYOR
TOWN OF TIBURON ATTEST:
___________________________________ LEA STEFANI, TOWN CLERK
TOWN OF TIBURON PAGE 1 OF 2
STAFF REPORT
To: Mayor and Members of the Town Council
From: Department of Administrative Services
Subject: Recommendation to Adopt Annual Appointments List for 2021
Reviewed By: _________
Greg Chanis, Town Manager
________
Benjamin Stock, Town Attorney
SUMMARY Every December, pursuant to Town policy and state law, the Council formally adopts the Annual
Appointments List and authorizes staff to publish the list to inform the public of the appointments the Town Council made in the previous calendar year. RECOMMENDED ACTION(S) 1. Adopt the annual Local Appointments List for January through December 2021.
BACKGROUND
Pursuant to Town Council Appointments Procedure (Resolution No. 16-2007) and state law (Government Code Section 54972), the Town Council is required to adopt and publish a list of appointments it has made to local boards and commissions throughout the year, prior to December 31 of each year. The list is posted at Town Hall.
A list of appointments made by the Town Council for the period January through December 2021 is provided for the Council’s adoption (Exhibit 1). The current Town Council Committee Appointments List is attached as Exhibit 2. The Council will review and make changes or new appointments for 2022 at the Council’s first regular
meeting in January. ANALYSIS
No further analysis provided.
FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town by adoption of this item.
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting December 1, 2021
Agenda Item: CC-4
Town Council Meeting December 1, 2021
TOWN OF TIBURON PAGE 2 OF 2
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 adopt the Annual Appointments List for January
through December 2021.
Exhibit(s): 1. List of Local Appointments January through December 2021 2. Town Council Committee Appointments 2021 Prepared By: Lea Stefani, Town Clerk
EXHIBIT 1
Commission Incumbent Date Appointed Term Expires
Eric Woodward May 2019 February 2022
Kathleen Defever March 2018 February 2022
Erica Williams May 2014;
reappointed 2015, 2019 February 2023
Jeff Tsai November 2017;
reappointed 2020 February 2024
Daniel Amir September 2017;
reappointed 2021 February 2025
Cedric Barringer April 2019 February 2023
Miles Berger April 2019 February 2023
Bryan Chong
March 2008;
reappointed 2012, 2016,
2020
February 2024
Suzanne Kim October 2017
reappointed 2020 February 2024
James Malott September 1, 2021 February 2025
Park Allen May 2010;
reappointed 2014, 2018 February 2022
Isaac Nikfar September 2017;
reappointed 2018 February 2022
Chuck Hornbrook March 2019 February 2023
Angela McInerney September 2017
reappointed 2020 February 2024
Timothy Burr March 2020 February 2024
Francella Hall October 2012;
reappointed 2014, 2018 February 2022
Azita de Mujica October 2010;
reappointed 2014, 2018 February 2022
Jaleh Etemad August 2018 February 2022
Victoria Fong July 2015,
reappointed 2019 February 2023
February 2024
Patricia Ferrin May 20, 2020 February 2024
Leonor Noguez November 2017;
reappointed 2020 February 2024
Town of Tiburon
Local Appointments List
(December 2021)
PLANNING COMMISSION
Must be Tiburon Resident
DESIGN REVIEW BOARD
Must be Tiburon Resident
PARKS, OPEN SPACE AND
TRAILS COMMISSION
Must be Tiburon Resident
VACANT SEAT
HERITAGE & ARTS
COMMISSION
Must be Peninsula Resident
Commission Incumbent Date Appointed Term Expires
Noah Griffin February 3, 2021 February 2023
Anette Harris February 3, 2021 February 2023
Ruben Kalra February 3, 2021 February 2023
Leela Stake February 3, 2021 February 2023
Karen Carrera March 31, 2021 February 2023
Brian McLeran September 2018 February 2023
Don Schneier May 1, 2021 February 2025
Mark Swanson February 2012;
reappointed 2015, 2019 February 2024
Kelly Turbin March 2021 February 2025
Richard Wodehouse March 2021 February 2025
Stewart Summers
(ALTERNATE)May 19, 2021 February 2026
Jerry Riessen
October 1992;
reappointed 1999,
2003, 2007, 2011,
2013, 2015, 2019
February 2023
Jason Rosell March 2019 February 2023
Eddy Dominguez September 1, 2021 February 2024
Jon Welner (TC Rep.)November 2019 Annual
Appointment
Sherry Wangenheim
(RUSD)2017 No set term
limit
Christopher Murphy September 2, 2020 No set term
limit
James Sherman 2006 No set term
limit
Holli Thier (TC Rep.)November 2019 Annual
Appointment
Jeff Slavitz September 2018 June 2022
Ken Weil August 2019 June 2023
Larry Drew August 5, 2020 June 2024
Niran Amir (RUSD)November 2017 June 2025
BELVEDERE-TIBURON
LIBRARY BOARD OF
TRUSTEES
3 Tiburon Residents
MARIN COMMISSION
ON AGING Jane Gould October 20, 2021 June 2023
BUILDING CODE APPEALS
BOARD
THE RANCH COMMITTEE
(Belvedere-Tiburon Joint
Recreation Committee)
3 Tiburon Residents
3 Belvedere Residents
1 RUSD Appointment
1 appointment from each
City Council
DISASTER ADVISORY
COUNCIL
DIVERSITY INCLUSION TASK
FORCE
Must be Tiburon or
Belvedere Resident
5 Town Council members + 5 at-large community members
Commission Incumbent Date Appointed Term Expires
HILARITA - TIBURON
REPRESENTATIVE
Tiburon Resident
Interest in affordable
housing/Town's policies on
affordable housing
Carolyn Grey April 2017 No set term
limit
TOWN HISTORIAN
Must be Tiburon Resident David M. Gotz July 2015 No set term
limit
TOWN TREASURER
Tiburon resident -
Financial Background
VACANT
[William Osher]
January 1998;
(resigned 2015)
No set term
limit
ARTIST LAUREATE Richard Rozen June 2018 May 2022
MOSQUITO & VECTOR
CONTROL DISTRICT BOARD
Tiburon Resident
Cathy Benediktsson August 5, 2020 December 2022
EXHIBIT 2
2021 Town Council Committee Appointments List 08/2021 Page 1 of 5
TIBURON TOWN COUNCIL
COMMITTEE APPOINTMENTS
2021
I. STATE & REGIONAL AGENCIES
1. ASSOCIATION OF BAY AREA GOVERNMENTS (General Assembly meets in April and October)
Jack Ryan, Delegate
Jon Welner, Alternate
2. COMMUNITY DEVELOPMENT BLOCK GRANT
PRIORITY-SETTING COMMITTEE (CDBG) (Meets twice a year in Marin City and at Civic Center)
Holli Thier, Delegate
Jack Ryan, Alternate
3. LEAGUE OF CALIFORNIA CITIES
(Meets quarterly and at the Annual Conference in September; other events as published)
Alice Fredericks
• Voting Delegate for Town of Tiburon
o Alternate: Holli Thier
• Transportation, Communication & Public Works State Policy Committee -
(Appointment by North Bay Division of the League of CA Cities)
4. MARIN CLEAN ENERGY BOARD OF DIRECTORS
(Meets 1st Thursday from 7–9 p.m. at 1 McGinnis Parkway, San Rafael)
Holli Thier, Delegate
[VACANT], Alternate
5. MARIN CLIMATE AND ENERGY PARTNERSHIP (MCEP)
Local Governments for Sustainability (Meets 1st Thursday, San Rafael City Hall)
Samantha Bonifacio (Assistant Planner), Staff Liaison & voting board member
6. MARIN EMERGENCY RADIO AUTHORITY BOARD OF DIRECTORS
(Meetings scheduled as needed) Police Chief Ryan Monaghan, Delegate
Holli Thier, Alternate
7. RICHARDSON BAY REGIONAL AGENCY BOARD OF DIRECTORS
(Meets monthly on 2nd Wednesday at 6:00 p.m. - Sausalito City Hall)
[VACANT], Delegate
Alice Fredericks, Alternate
2021 Town Council Committee Appointments List 08/2021 Page 2 of 5
8. TRANSPORTATION AUTHORITY OF MARIN
BOARD OF COMMISSIONERS (Meets monthly on 4th Thursday at 7:30 p.m. - Board of Supervisors Chambers, Civic Center)
Alice Fredericks, Board member and Vice Chair [Term = 1/1/2020 – 12/31/2023]
• Fredericks serves on the Human Resources Ad Hoc Committee, and
Administration Projects Planning Executive Committee (Chair)
• Fredericks is MCCMC liaison to TAM and reports monthly at MCCMC
Jack Ryan, Alternate
II. LOCAL AGENCIES/COMMITTEES
1. BELVEDERE-TIBURON JOINT DISASTER ADVISORY COUNCIL
(Meets bi-monthly on 2nd Tuesday from 4:00 - 5:30 p.m. in the Town Council Chambers) Holli Thier, Town Council Representative
2. BELVEDERE-TIBURON JOINT RECREATION COMMITTEE (The Ranch) (Meets bi-monthly on 3rd Monday in the Town Hall Community Room)
Jon Welner, Town Council Voting Member
3. TIBURON PENINSULA TRAFFIC RELIEF JOINT POWERS AGENCY (formed 3/16/16)
[JPA members include Town of Tiburon, City of Belvedere, RUSD]
Holli Thier – Primary Director
Jack Ryan – Primary Director
4. CHAMBER OF COMMERCE LOCAL BUSINESS TASK FORCE
[Task Force members include Chamber Exec. Director, Tiburon Town Manager,
Destination Tiburon member, and two retail representatives]
VACANT
Jack Ryan
III. TOWN STANDING COMMITTEES
1. AFFORDABLE HOUSING
• Jack Ryan
• Alice Fredericks
2. DOWNTOWN REVITALIZATION
• VACANT
• Holli Thier
3. LEGISLATIVE ACTION
• VACANT
• Alice Fredericks
2021 Town Council Committee Appointments List 08/2021 Page 3 of 5
4. MARTHA PROPERTY APPLICATIONS
• Jon Welner
• Alice Fredericks
5. PATHS AND OPEN SPACE ACCESS
• Alice Fredericks
• Holli Thier
6. USE OF TECHNOLOGY
• Holli Thier
• Jon Welner
IV. TOWN AD HOC COMMITTEES
1. SUSTAINABILITY
• Alice Fredericks
• Jon Welner
2. UTILITY UNDERGROUNDING ASSESSMENT DISTRICT POLICY
• Alice Fredericks
• VACANT
3. 2021 TOWN MANAGER PERFORMANCE EVALUATION (NOW SUNSET)
• Holli Thier
• Jack Ryan
4. 2021 BUDGET FINANCE (NOW SUNSET)
• Holli Thier
• Jon Welner
5. DOWNTOWN VIBRANCY
• Holli Thier
• Jack Ryan
V. BOARD OF SUPERVISORS APPOINTMENTS
Nominated by MCCMC and appointed by Board of Supervisors
GOLDEN GATE BRIDGE, HIGHWAY & TRANSPORTATION DISTRICT BOARD OF
DIRECTORS
(Meets 2nd & 4th Fridays at 10 a.m., GGBHTD offices) Alice Fredericks [current term = 1/2020 – 1/2022]
Fredericks GGBHTD Committee Appointments: Building and Operating
2021 Town Council Committee Appointments List 08/2021 Page 4 of 5
Committee; Transportation Committee (Chair); Finance Committee (Vice Chair);
OPEB Committee (Vice Chair); Labor Relations Advisory Committee (Chair)
Fredericks is also District representative to and Chair of the GGB/Amalgamated
Transit Union Pension Board of Trustees
VI. MCCMC COMMITTEE APPOINTMENTS
1. Legislative Committee [a Standing Committee per MCCMC Bylaws]
(Meets4thd Monday at 8:00 a.m., San Rafael City Hall)
Alice Fredericks (also serves as Chair)
No alternate
2. JPA Oversight Ad Hoc Committee
(Meetings scheduled as needed) Jack Ryan, delegate
No alternate
3. Climate Change and Sea Level Rise – Ad Hoc Committee
(Meetings scheduled as needed)
Jon Welner, delegate
Alice Fredericks, alternate
4. Pension and OPEB Reform Committee
Holli Thier, Delegate
VACANT, Delegate
VACANT, Alternate
5. Disaster Preparedness Committee
Jack Ryan, Delegate
Holli Thier, Alternate
6. Water Policy Committee
VACANT, Delegate
VACANT, Delegate
7. Marin County Bay Waterfront Adaptations Vulnerability Evaluation
*(Bay WAVE) Policy Group
Alice Fredericks’ appointment affirmed by Town Council on April 20, 2016
8. HOMELESS POLICY STEERING COMMITTEE (HPSC)
(Under auspices of County Dept. of Health Human Services)
Holli Thier, Town representative
2021 Town Council Committee Appointments List 08/2021 Page 5 of 5
VII. TOWN APPOINTMENTS IN OTHER AREAS OF INTEREST
MarinMap Steering Committee
(Meetings scheduled as needed) [VACANT]
Marin County Hazardous & Solid Waste JPA
(Meets quarterly)
Greg Chanis
TOWN OF TIBURON PAGE 1 OF 2
STAFF REPORT
To: Mayor and Members of the Town Council
From: Department of Administrative Services
Subject: Recommendation to Accept the October 2021 Investment Summary
Reviewed By:
_________
Greg Chanis, Town Manager
n/a ________
Benjamin Stock, Town Attorney
SUMMARY Staff provides the Town Council a monthly report on the Town’s investment activity. This report is for the month ended October 31, 2021. RECOMMENDED ACTION(S) 1. Staff recommends that the Town Council move to accept the Investment Summary for October 2021
BACKGROUND Pursuant to Government Code Section 53601, staff is required to provide the Town Council with
a report regarding the Town’s investment activities for the monthly period ended October 31,
2021. All of the funds listed below are on deposit with the Local Agency Investment Fund (LAIF). ANALYSIS
October 2021
Agency Investment Amount Interest Rate Maturity Local Agency Investment Fund (LAIF) –
Beginning Balance as of 10/01/2021 $21,986,956.87 0.203 % Liquid
Deposits 0.00
Withdrawals 0.00
Interest Earnings (Posted Quarterly) 13,365.23
Total Ending Balance as of 10/31/2021 $22,000,322.10
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting December 1, 2021
Agenda Item: CC-5
Town Council Meeting December 1, 2021
TOWN OF TIBURON PAGE 2 OF 2
The total invested at the end of the prior month was $21,986,956.87. Accrued interest for the first quarter of FY 2021-22 in the amount of $13,365.23 was posted on October 15, 2021, resulting in an ending balance of $22,000,32210. No other transactions were posted for the reporting period.
In addition to the funds on deposit with LAIF, the Town invests funds in two Section 115 Irrevocable Trusts for Other Post-Employment Benefits and pension obligations. These trusts are administered by Public Agency Retirement Services (PARS). The PARS October 2021 Statement is attached to this report as Exhibit 1.
FINANCIAL IMPACT No financial impact occurs by accepting this report. The Town continues to meet the priority principles of investing – safety, liquidity and yield in this respective order.
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. Move to accept the Investment Summary for October 2021 Exhibit(s): 1. PARS Section 115 Trust Account Summary for October 2021 Prepared By: Suzanne Creekmore, Director of Administrative Services
EXHIBIT 1
Plan Summary
Beginning Plan Value as of
10/01/2021 $4,852,708.12
Change in Plan Value $231,330.50
Ending Plan Value as of 10/31/2021 $5,084,038.62
Activity Summary by Source
Balance on Balance on
Source 10/01/2021 Contributions Earnings Expenses Distributions Transfers 10/31/2021
OPEB $3,076,281.62 $47,879.00 $105,950.12 $(1,556.64)$0.00 $0.00 $3,228,554.10
PENSION $1,776,426.50 $50,000.00 $29,951.29 $(893.27)$0.00 $0.00 $1,855,484.52
Totals $4,852,708.12 $97,879.00 $135,901.41 $(2,449.91)$0.00 $0.00 $5,084,038.62
Transactions for the Period
Source Date Description Amount
OPEB 10/06/2021 AGENCY CONTRIBUTIONS $47,879.00
OPEB 10/07/2021 INTER-ACCOUNT TRANSFER IN $47,879.00
OPEB 10/07/2021 INTER-ACCOUNT TRANSFER OUT $(47,879.00)
OPEB 10/22/2021 ASSET MGMT FEES $(915.75)
OPEB 10/28/2021 INTER-ACCOUNT TRANSFER IN $640.89
OPEB 10/28/2021 INTER-ACCOUNT TRANSFER OUT $(640.89)
OPEB 10/28/2021 TRUST ADMINISTRATOR FEES $(640.89)
OPEB 10/31/2021 ACCOUNT GAINS/(LOSSES)$105,950.09
OPEB 10/31/2021 ACCOUNT GAINS/(LOSSES)$0.03
PENSION 10/06/2021 AGENCY CONTRIBUTIONS $50,000.00
PENSION 10/07/2021 INTER-ACCOUNT TRANSFER IN $50,000.00
PENSION 10/07/2021 INTER-ACCOUNT TRANSFER OUT $(50,000.00)
PENSION 10/22/2021 ASSET MGMT FEES $(523.18)
PENSION 10/28/2021 INTER-ACCOUNT TRANSFER IN $370.09
PENSION 10/28/2021 INTER-ACCOUNT TRANSFER OUT $(370.09)
PENSION 10/28/2021 TRUST ADMINISTRATOR FEES $(370.09)
PENSION 10/31/2021 ACCOUNT GAINS/(LOSSES)$0.03
PENSION 10/31/2021 ACCOUNT GAINS/(LOSSES)$29,951.26
Investment Selection
Source Selected Investment
OPEB HighMark Index PLUS Balanced
PENSION HighMark Index PLUS Moderately Conservative
Elena Kurakina TOWN OF TIBURON
Town of Tiburon PARS PAPEBT
Monthly Account Report for the Period
10/01/2021 to 10/31/2021
4350 Von Karman Ave., Ste. 100, Newport Beach, CA 92660-2043 phone 800.540.6369 fax 949.250.1250 www.pars.org
Page 1 of 2
Investment Objective
Selected Investment Description
HighMark Index PLUS
Balanced
The dual goals of the Balanced Strategy are growth of principal and income. While dividend and interest income
are an important component of the objective's total return, it is expected that capital appreciation will comprise a
larger portion of the total return. The portfolio will be allocated between equity and fixed income investments.
HighMark Index PLUS
Moderately Conservative
The dual goals of the Moderately Conservative Strategy are current income and moderate capital appreciation.
The major portion of the assets is committed to income-producing securities. Market fluctuations should be
expected.
Investment Performance
Annualized Return Inception
Source 1-Month 3-Month 1-Year 3-Years 5-Years 10-Years Date
OPEB 3.40%1.98%23.18%13.05%10.43%-09/15/2016
PENSION 1.65%0.50%10.98%8.92%--07/10/2018
Information as provided by US Bank, Trustee for PARS. Investments are NOT insured by the FDIC or by any other Federal
Government Agency, are NOT Bank deposits, are NOT guaranteed by the Bank or any Bank affiliate, and MAY lose value,
including possible loss of principal. Past performance does not guarantee future results. Account balances are inclusive of Trust
Administration, Trustee and Investment Management fees if applicable. Performance returns may not reflect the deduction of
applicable fees, which could reduce returns. Annualized Return is the return on an investment over a period other than one year
multiplied or divided to give a comparable one-year return. Information is deemed reliable but may be subject to change. The plan's
Rate of Return may differ from the rate of return in the above linked document. Reasons for the difference may include the timing of
transactions into and out of the plan, the duration of time the plan's funds reside in the sweep account and differences in the
methodology used to calculate performance.
Elena Kurakina TOWN OF TIBURON
Town of Tiburon PARS PAPEBT
Monthly Account Report for the Period
10/01/2021 to 10/31/2021
4350 Von Karman Ave., Ste. 100, Newport Beach, CA 92660-2043 phone 800.540.6369 fax 949.250.1250 www.pars.org
Page 2 of 2
TOWN OF TIBURON PAGE 1 OF 2
STAFF REPORT
To: Mayor and Members of the Town Council
From: Department of Administrative Services
Subject: Town Manager Performance Evaluation Ad Hoc Subcommittee
Reviewed By: _________
Greg Chanis, Town Manager
________
Benjamin Stock, Town Attorney
SUMMARY The Council will consider creation of the 2022 Town Manager Performance Evaluation ad hoc
subcommittee. RECOMMENDED ACTION(S) 1. Create the 2022 Town Manager Performance Evaluation ad hoc subcommittee and appoint two members of the Council to the subcommittee.
BACKGROUND
The Town retained Gregory Chanis as the Town Manager pursuant to an employment agreement dated December 22, 2016. Section 5 of the agreement provides for annual performance reviews, “on or before the anniversary of the Employee’s initial hire each year and salary adjustments will be considered in conjunction with the performance evaluation.”
Tonight the Council will consider creation of an ad hoc subcommittee entitled 2022 Town Manager Performance Evaluation and appoint membership to the ad hoc subcommittee. The ad hoc subcommittee will sunset upon completion of the performance evaluation. ANALYSIS
No further analysis provided. FINANCIAL IMPACT
Staff anticipates no direct fiscal impact to the Town by creation of this ad hoc subcommittee. CLIMATE IMPACT
Staff has determined this action will have no direct climate impact to Tiburon.
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting December 1, 2021
Agenda Item: AI-5
Town Council Meeting December 1, 2021
TOWN OF TIBURON PAGE 2 OF 2
ENVIRONMENTAL REVIEW
Staff has preliminarily determined that adoption of this item is statutorily exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3).
RECOMMENDATION Staff recommends that the Town Council create the 2022 Town Manager Performance Evaluation ad hoc subcommittee and appoint two members of the Council to the subcommittee.
Prepared By: Lea Stefani, Town Clerk
TOWN OF TIBURON PAGE 1 OF 3
STAFF REPORT
To: Mayor and Members of the Town Council
From: Department of Public Works
Subject: Recommendation to Pass Second Reading and adopt an Ordinance Governing Solid Waste Storage, Collection and Disposal
Reviewed By: _________
Greg Chanis, Town Manager
________
Benjamin Stock, Town Attorney
SUMMARY The Council will be considering approval of the second reading of a Municipal Code change to the Town’s Solid Waste Storage, Collection and Disposal Ordinance which is necessitated by changes in
State law related to the solid waste industry (SB 1383). RECOMMENDED ACTION(S) Staff recommends that the Town Council approve final adoption of the Ordinance No. 592 N.S., a draft of which is attached as Exhibit 1, as part of the Consent Calendar.
BACKGROUND
Senate Bill 1383, the Short-lived Climate Pollutant: Organic Waste Methane Emissions Reduction Act of 2016 (SB 1383) required CalRecycle to develop regulations to reduce organics in landfills as a source of methane by 2030. To comply with the requirements of SB 1383 and CalRecycle regulations, jurisdictions must adopt ordinances or other enforcement mechanisms to
accomplish the goal of reducing organic materials delivered to landfills. Reducing organics in
landfills reduces the production of methane a harmful greenhouse gas. The proposed ordinance attached as Exhibit 1 would replace the existing Chapter 26 of the Town’s Municipal Code with a new and updated Chapter 26. However, the new Chapter 26
would not significantly change actual solid waste practices within the Town. The Council passed first reading of the ordinance at its regular meeting on November 17, 2021. ANALYSIS
This is a consent calendar item. The Council’s motion to adopt this item on the consent calendar will constitute a motion to confirm the waiver of second reading from the previous meeting and adopt the ordinance. Each Councilmember’s vote on the motion to approve this item on the consent calendar will constitute the equivalent of a roll call vote and will be recorded within the
ordinance.
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting December 1, 2021
Agenda Item CC-1
Town Council Meeting December 1, 2021
TOWN OF TIBURON PAGE 2 OF 3
Should any Councilmember choose to vote differently on this item than other items on the consent calendar, then the vote on this item should be taken separately from other items appearing on the Consent Calendar such that individual votes may be properly recorded. Should
the Council wish to discuss the item, it must be removed from the Consent Calendar and voted
upon separately. In summary, the proposed ordinance amends the following:
a) Enables the Town to enforce provisions of SB 1383 b) Requires universal service for organic waste diversion, including single-family and multi-family homes and all businesses c) Requires penalties for non-compliant businesses, haulers, and regulated entities
d) Requires investigation of complaints of non-compliance by members of the public or
other entities e) Requires contamination monitoring via annual route audits for every route and a representative portion of customers f) Requires a defined “waiver” system similar to existing exemption system for AB 1826,
except that organic materials generation thresholds are lower and businesses with physical
space limitations may be eligible g) Requires inspection of businesses subject to waiver and reinspection on a prescribed basis h) Requires enforcement of CALGreen construction and demolition debris recycling requirements and container design requirements, and the Model Water Efficient
Landscape Ordinance (Title 23, Division 2, Chapter 2.7 of the California Code of
Regulations) More information regarding SB 1383 can be found online at www.calrecycle.ca.gov/organics/slcp/.
CLIMATE IMPACT Reducing organics in landfills reduces the production of methane, a harmful greenhouse gas.
FISCAL IMPACT
The financial impact to the Town of implementing California Senate Bill 1383 may be significant. Staff is in the process of evaluating the requirements and costs of other aspects of SB 1383 and is expected to return to Council at a later date to discuss the cost of these and other SB
1383 requirements. The cost to the Town of adopting the ordinance, however, is negligible.
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
Town Council Meeting December 1, 2021
TOWN OF TIBURON PAGE 3 OF 3
Staff recommends that the Town Council: 1. Approve final adoption of Ordinance No. 592 N.S., a draft of which is attached as Exhibit
1, as part of the Consent Calendar.
Exhibit(s): 1. Draft Ordinance 592 N.S. Prepared By: David Eshoo, Associate Engineer
EXHIBIT 1
Page 1 of 25
Tiburon Town Council Ordinance No. XXX N.S. Effective 12/31/2021
DRAFT ORDINANCE NO. XXX N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON REPEALING THE EXISTING CHAPTER 26 AND ADOPTING A NEW CHAPTER 26 GOVERNING SOLID WASTE STORAGE, COLLECTION AND DISPOSAL WHEREAS, the Town Council adopted the current Chapter 26 (Solid Waste Storage, Collection and Disposal) of the Tiburon Municipal Code in 2011; and
WHEREAS, in the intervening years, both state law and industry practice have changed significantly related to Senate Bill 1383, the Short-Lived Climate Pollutant: Organic Waste Methane Emissions Reduction Act of 2016 (SB 1383) rendering much of
the current Chapter 26 outdated; and
WHEREAS, to comply with the requirements of SB 1383 and CalRecycle regulations, jurisdictions must adopt ordinances or other enforcement mechanisms to accomplish the goal of reducing organic materials delivered to landfills; and
WHEREAS, the Town Council finds that adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act pursuant to Sections 15301 and 15061(b)(3) of the CEQA Guidelines because the new Chapter 26 will not change existing solid waste practices; and WHEREAS, the Town Council hereby adopts this ordinance in order to promote and protect the public health, safety, and general welfare and achieve compliance with state-mandated solid waste disposal codes.
NOW, THEREFORE, the Town Council of the Town of Tiburon does ordain as
follows: SECTION 1. Chapter 26 of the Tiburon Municipal Code is hereby repealed. SECTION 2. Chapter 26 of the Tiburon Municipal Code is hereby adopted to
read as follows: Chapter 26 SOLID WASTE STORAGE, COLLECTION AND DISPOSAL
Page 2 of 25
Tiburon Town Council Ordinance No. XXX N.S. Effective 12/31/2021
Sections:
Article I. In General
26-1 Definitions 26-2 Purpose of Chapter 26-3 Disposal of Solid Waste Generally 26-4 Duty to subscribe to Solid Waste Collection Service
26-4.1 Residential Generator Requirements
26-4.2 Commercial Generator Requirements 26-4.3 Waivers 26-4.4 Self-Haul 26-5 Storage Receptacles; Accumulation
26-5.1 Receptacle Location
26-5.2 Improper Use of Public Solid Waste Receptacles 26-6 Transportation of Solid Waste in Town 26-7 Emergency Removal of Solid Waste 26-8 Commercial Edible Food Generator Requirements
26-9 Food Recovery Organization and Food Recovery Services Requirements
26-10 Administration, Inspections and Enforcement of Chapter. Article II. Collection 26-11 Town Contracts for Collection Services; Renewal of Contract
26-12 Terms and Conditions of Contract
26-13 Duty of Authorized Collector; Regulation and Supervision of Collection 26-14 Responsibility and Liability of Authorized Collector; Liability Insurance Required 26-15 Performance bond required of Authorized Collector. 26-16 Exclusive rights of Authorized Collector.
26-17 Rates and Charges.
26-18 Establishment of Routes and Time for Collection. Article I. In General
26-1 Definitions.
For purposes of this chapter, the following words, phrases and terms shall have the meanings set forth by this section unless a different meaning is clearly intended by the use or context of the word, phrase or term:
(a) “Act” means the California Integrated Waste Management Act of 1989 (commencing
with Section 40000 of the Public Resources Code), as amended, including but not limited
to, the Jobs and Recycling Act of 2011 (AB 341), SB 1016 (Chapter 343, Statutes of 2008 [Wiggins, SB 1016]), the Mandatory Commercial Organics Recycling Act of 2014 (AB 1826), and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383), and as implemented by the regulations of CalRecycle.
Page 3 of 25
Tiburon Town Council Ordinance No. XXX N.S. Effective 12/31/2021
“Authorized collector” means such persons, firms or corporations collecting and delivering for disposal, recycling or processing solid waste (other than solid waste
generated by a permitted building project) originating in the town and doing so under a
contract, permit or franchise agreement with the town .
“CCR” means the California Code of Regulations. CCR references in this Chapter are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).
“Collection” means to take physical possession of solid waste at, and remove from, the
place of generation for transport to a solid waste facility or other recovery activity.
“Commercial business” or “Commercial” means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multi-family dwelling, or as otherwise defined in 14 (CCR)
Section 18982(a)(6). A multi-family dwelling that consists of fewer than (5) or more
dwelling units is not “Commercial”, for the purposes of this Chapter.
“Commercial edible food generator” means a tier one or a tier two commercial edible food generator as defined in 14 CCR Section 18982(a)(73) and (a)(74). Food recovery organizations and food recovery services are not commercial edible food generators.
“Community composting” means any activity that composts green material, agricultural
material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).
"Construction and demolition debris" or "C&D" means used or discarded materials
resulting from construction, renovation, remodeling, repair, demolition, excavation or construction clean-up operations on any pavement or structure.
"Container" or "collection container" means, for the purpose of this Chapter, any bin, box or cart used for the purpose of holding solid waste for collection.
“Debris box” means any ten (10) to forty (40) cubic yard container, or any compactor
provided by a solid waste generator, placed in the public right-of-way, on town property, private property, or elsewhere in the service area, which is procured by a solid waste generator for their use in the collection of their solid waste. Debris boxes are serviced by means of lifting the entire container, including all contents, onto a designated collection
vehicle.
"Designated collection location" means the place where an authorized collector has contracted with either the local governing body or a private entity to pick up source-separated, recyclable materials. This location will customarily be the curbside of a
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residential neighborhood or the service alley of a commercial (or multi-family) enterprise.
“Designee” means an entity that the town contracts with or otherwise arranges to carry
out any responsibilities of this chapter, as authorized in 14 CCR Section 18982(a)(15). A designee may be a government entity, a hauler, a private entity, or a combination of those entities.
"Dispose" or "dispose of" means the final disposition of solid waste at solid waste facility
permitted for disposal.
“Diversion” means activities reducing or eliminating the amount of solid waste from solid waste disposal, and which return these materials to use in the form of raw materials for new, reused, or reconstituted products, which meet the quality standards necessary for commercial use, or for other purposes of reuse.
“Dwelling unit” means one (1) or more rooms with internal access between all rooms,
which provide complete independent living facilities for at least one (1) family, including provisions for living, sleeping, eating, cooking, bathing, and sanitary facilities. Cooking facilities for purposes of this chapter shall be defined as any combination of the following: sink, refrigerator, cupboard and/or storage, stove, oven (including microwave
and convection).
“Edible food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this ordinance or as otherwise defined in 14 CCR Section 18982(a)(18), “edible food” is not solid waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or
authorizes the recovery of edible food that does not meet the food safety requirements of
the California Retail Food Code.
“Enforcement action" means an action of the town to address non- compliance with this ordinance including, but not limited to, issuing administrative notices, citations, fines, penalties, or using other remedies.
“Enforcement agency” means an entity with the authority to enforce part or all of this chapter as specified herein. Employees and agents of an enforcement agency may carry out inspections and enforcement activities pursuant to this chapter. Nothing in this chapter authorizing an entity to enforce its terms shall require that entity to undertake such enforcement except as agreed to by that entity and the town. The town is an
enforcement agency for all Sections of this chapter. The town may choose to additionally delegate enforcement responsibility for certain sections, to other public entities, including the Marin Hazardous and Solid Waste Joint Powers Authority (Zero Waste Marin) and the County of Marin (County).
“Exempt waste” means biohazardous or biomedical waste, hazardous waste, medical
waste, regulated radioactive waste, waste that is volatile, corrosive, or infectious, waste
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treatment or processing sludge, contaminated soil and dirt, contaminated concrete, contaminated asphalt, automobiles, automobile parts, boats, boat parts, boat trailers,
internal combustion engines, lead-acid batteries, any matter or materials which are not
acceptable for disposal at a solid waste landfill as defined in AB 939 and subsequent legislation, and those wastes under the control of the Nuclear Regulatory Commission.
“Food Recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section
18982(a)(24).
“Food recovery organization” means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to: A food bank as
defined in Section 113783 of the Health and Safety Code; A nonprofit charitable
organization as defined in Section 113841 of the Health and Safety code; and, A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
“Food recovery service” means a person or entity that collects and transports edible food
from a commercial edible food generator to a food recovery organization or other entities
for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
“Food waste” means food scraps and trimmings and other putrescible waste that result from food production, preparation, cooking, storage, consumption or handling. Food waste includes but is not limited to meat, fish and dairy waste, fruit and vegetable waste and grain waste. Food waste does not include exempt waste.
“Garbage” means all non-recyclable packaging and other waste attributed to normal
activities of a service unit. Garbage must be generated by and at the service unit wherein
the garbage is collected. Garbage does not include recyclable materials, organic materials, debris from construction and demolition, large items, e-waste, universal waste, hazardous waste, household hazardous waste or exempt waste. “Garbage Container” has the same meaning as “Gray Container” in 14 CCR Section 18982(a)(28) and shall be
used for the purpose of storage and collection of Landfill Container Waste.
“Generators” for the purpose of this Chapter, means a person or entity, including commercial generators and residential generators, that is responsible for the initial creation of organic materials, or as otherwise defined as “organic waste generator” in 14 CCR Section 18982(a)(48).
“Hauler” means a person who collects material from a generator and delivers it to a reporting entity, end user, or a destination outside of the state. “Hauler” includes public
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contract haulers, authorized collectors, food waste self-haulers, and self-haulers. A person who transports material from reporting entity to another person is a transporter, not a
hauler.
"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. sections 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. sections 9601 et seq., and the
California Health and Safety Code sections 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 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.
"Household hazardous waste" means materials that the authorized collector may
designate from time to time as eligible for curbside pick-up but inappropriate for
collection with regular pick-up and that are commonly generated by residential customers. Examples include, without limitation, 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 lightbulbs under four feet
in length, and nonempty aerosol cans.
“Inspection” means a site visit where a jurisdiction or its designee or designated entity, reviews records, containers, and an entity’s collection, handling, recycling, or disposal of solid waste or edible food handling to determine if the entity is complying with requirements set forth in this ordinance, or as otherwise defined in 14 CCR Section
18982(a)(35).
"Mixed-use property" means properties that contain both living units and commercial or nonliving units.
"Multifamily dwelling" means dwellings that (i) include five or more individual living units and (ii) receive and pay authorized collector's invoices as a single, collective bill.
“Organics Container” has the same meaning as “Green Container” in 14 CCR Section
18982(a)(29) and shall be used for the purpose of storage and collection of Source Separated Organic Waste.
“Organic material” or "Organic Waste" means solid wastes containing material originated from living organisms and their metabolic waste products, including but not limited to
food waste, green material, landscape and pruning waste, organic textiles and carpets,
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lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46).
“Organic material processing facility” means any facility selected by the authorized
collector that is approved by the town, or specifically designated by the town, operated and legally permitted for the purpose of receiving and processing organic materials.
"Person" means any person or persons, firm, association, corporation, or other entity acting as principal, agent or officer, servant or employee, for themselves or for any other
person, firm, or corporation.
"Premises" includes a tract or parcel of land with or without habitable buildings or appurtenant structures. (CCR, Section 17225.50) For purposes of this chapter the word premises includes residential and commercial uses of the land, whether owned, leased, rented or subrented, including every dwelling house, dwelling unit, apartment house or
multiple-dwelling building, trailer or mobile home park, store, restaurant, rooming house,
hotel, motel, office building, department store, manufacturing, processing or assembling shop or plant, warehouse and every other place or premises where any person resides, or any business is carried on or conducted within the town.
“Prohibited container contaminants” means (1) discarded materials placed in the
designated recyclables container that are not identified as acceptable source separated recyclables for the town’s designated recyclables collection container; (2) discarded materials placed in the designated organic materials collection container that are not identified as acceptable source separated organic materials for the town’s designated organic materials collection container; and (3) discarded materials placed in the garbage
container that are acceptable source separated recyclables and/or source separated organic materials to be placed in town’s designated organic materials collection container and/or designated recyclables collection container and, and (4) exempt waste placed in any container.
"Recyclable (source separated) materials" means any material designated to be separated
from the waste stream for purposes of recycling (adapted from PRC, Section 41951).
This designation shall be made by the town and the authorized collector based on good public practice, ability to receive an acceptable economic return, and feasibility of separating the material from the waste stream at the point of collection. Recyclable materials are currently limited to paper, glass, cardboard, plastics, ferrous metal, and
aluminum.
"Recycling" means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become garbage and returning them for use or reuse in the form of raw materials for new, used or reconstituted products which meet the quality standard necessary to be used in the marketplace. Recycling does not include
transformation as defined in Public Resources Code § 40201. (CCR, Title 14, Section
17225.54)“Recyclable Materials Container” has the same meaning as “Blue Container”
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in 14 CCR Section 18982(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials.
“Remote Monitoring” means the use of mechanical or electronic devices to identify the
types of materials in Recycling Containers, Compost Containers, and/or Landfill Containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of Prohibited Container Contaminants.
“Residential” means, for the purposes of this chapter, any premise consisting of between
one (1) and four (4) dwelling units, and onsite domestic uses accessory to these dwelling
units. A multi-family dwelling that consists of fewer than five (5) dwelling units is “Residential”, for the purposes of this Chapter.
“Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR
Section 18982(a)(64).
“SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction
targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
“SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to, for the purposes of this ordinance, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter
12 and amended portions of regulations of 14 CCR and 27 CCR.
“Self-haul” means a person who hauls solid waste, organic waste or recovered material they have generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). “Back-haul” means generating and transporting organic materials to a destination owned and operated by the
generator using the generator’s own employees and equipment, or as otherwise defined in
14 CCR Section 189881(a)(66)(A).
"Single-family unit" means a dwelling that is not a multifamily unit as defined above (i.e., a dwelling that includes three or fewer individual units or an individual unit on a residential property which property does not receive and pay authorized collector's
invoices as a single, collective bill).
"Solid waste" has the same meaning as defined in Public Resources Code Section 40191, which defines solid waste as all putrescible and nonputrescible solid and semisolid wastes, including garbage, recyclable materials, organic materials, demolition and construction wastes, bulky waste, discarded home and industrial appliances, manure,
vegetable or animal solid or semisolid wastes, and other discarded solid and semisolid
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wastes with the exception that Solid Waste does not include any of the following wastes: (1) Hazardous waste, as defined in the Public Resources Code Section 40141, (2)
Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8
(commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code) and (3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as
defined in Public Resources Code Section 40195.1. Medical waste that has been treated
and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the Public Resources Code. Recyclable materials and organic materials are a part of solid waste. “Solid waste collection service” means collection of solid waste originating in the town, by a persons, firms or corporations, and doing so under a contract or franchise agreement
with the town.
“Solid waste facility” means a solid waste transfer or processing station including Material Recovery Facilities, a composting facility, a gasification facility, a transformation facility, an Engineered Municipal Solid Waste conversion facility, and a disposal facility. Solid waste facility additionally includes a solid waste operation that
may be carried out pursuant to an enforcement agency notification, as provided in regulations adopted by CalRecycle, or otherwise set forth in the Act.
“Source separate” means the process of removing recyclable materials and organic materials from solid waste at the place of generation, prior to collection, and placing such materials into separate containers designated for recyclable materials and organic
materials, or as otherwise defined in 14 CCR Section 17402.5(b)(4).
“Source reduction” means any action which causes a net reduction in the generation of solid waste. Source reduction includes, but is not limited to, reducing the use of nonrecyclable materials, replacing disposable materials and products with reusable materials and products, reducing packaging, reducing the amount of yard wastes
generated, establishing garbage rate structures with incentives to reduce the amount of
wastes that generator produce, and increasing the efficiency of the use of paper, cardboard, glass, metal, plastic, and other materials. Source reduction does not include steps taken after the material becomes solid waste or actions which would impact air or water resources in lieu of land, including, but not limited to, transformation
"Storage container" means portable enclosed storage units for temporary on-site storage.
“Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).
“Tier one commercial edible food generator” means a commercial edible food generator
that is one of the following as defined in 14 CCR Section 18982(a):
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(a) Supermarkets with gross annual sales of $2,000,000 or more
(b) Grocery store with a total facility size equal to or greater than 10,000 square
feet.
(c) Food service provider, which means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations.
(d) Wholesale food vendor, which means a business or establishment engaged in
the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination.
(e) Food distributor, which means a company that distributes food to entities
including, but not limited to, supermarkets and grocery stores.
“Tier two commercial edible food generator” means a commercial edible food generator that is one of the following:
(a) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
(b) Hotel with an on-site food facility and 200 or more rooms.
(c) Health facility with an on-site food facility and 100 or more beds.
(d) Large venue, which means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this
ordinance and implementation of 14 CCR, Division 7, Chapter 12, a venue
facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For
purposes of this ordinance and implementation of 14 CCR, Division 7,
Chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue.
(e) Large event, which means an event, including, but not limited to, a sporting
event or a flea market, that charges an admission price, or is operated by a
local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event..
(f) A state agency with a cafeteria with 250 or more seats or total cafeteria
facility size equal to or greater than 5,000 square feet.
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(g) A local education agency facility with an on-site food facility. Local education agency means a school district, charter school, or county office of
education that is not subject to the control of city or county regulations
related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
“Town manager” means the town manager of the town of Tiburon, or their designee.
26-2 Purpose of Chapter.
The purpose of this chapter is to prevent actual or potential public health hazards and
nuisances by the regulation of the accumulation, collection and disposal of solid waste and the licensing of persons engaged therein.
26-3 Disposal of Solid Waste generally.
It is unlawful for any person to keep, deposit, bury or dispose of any Solid Waste in or
upon any private property, public street, alley, sidewalk, gutter, park, upon the banks of any stream or creek in the town, or in or upon any of the waters thereof except as provided in this chapter. Every person having the obligation of the disposal of Solid Waste as provided in this chapter shall dispose of the same only through the Collector or
as may be expressly permitted by this chapter. 26-4 Duty to Subscribe to Solid Waste Collection Service. (a) Every tenant, lessee or occupant of any premises within the town shall have the
solid waste collection service by the authorized collector at least once each week, and shall pay the authorized collector for said service at the monthly rates provided therefore.
(b) A mandatory obligation is imposed on each responsible person occupying any premise to separate and recycle all recyclable material and organic materials from
the garbage generated on the premise. Generators shall place source separated organic materials, including food waste, in the organic materials collection container; place source separated recyclable materials in the recyclable material collection container; and place garbage in the approved garbage collection container. Generators shall not place prohibited container contaminants into the
garbage collection container, organic materials collection container or recyclable material collection container.
(c) The authorized collector shall give written notice to the town manager of the
address of any occupied premise within the town which is not subscribing to the
solid waste collection service provided by the authorized collector.
(d) Generators shall provide or arrange for access during all inspections and
investigations (with the exception of a private residential dwelling unit) and
cooperate with the town manager or authorized collector during such inspections and investigations as described in Section 26-10.
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(e) Nothing in this chapter limits the right of any person to donate, sell, or otherwise remove their recyclable materials so long as the removal otherwise complies with
this Chapter.
(f) Organic materials may be fed to animals on the premises where such organic materials is produced, provided that the premises are always kept in a sanitary condition to the satisfaction of the town manager; and provided further that the keeping and feeding of such animals shall at all times conform to the applicable
regulations of those entities governing the same now in force or which thereafter
may be enacted or promulgated.
(g) Organic materials may be used in on-site composting or community composting, pursuant to 14 CCR Section 18984.9(c), provided that such operation conforms to the applicable regulations of those entities governing the same now in force or
which thereafter may be enacted or promulgated.
26-4.1 Residential Generator Requirements. Except for residential generators that meet the self-hauler requirements in section 26-4.4, each residential generator shall subscribe to a level of solid waste collection service with
the authorized collector for Garbage Container, Recyclable Container and Organics
Container in sizes sufficient to handle the volume of garbage, recyclable material, and organic materials generated or accumulated on the premises and comply with requirements of those collection services.
26-4.2 Commercial Generator Requirements.
Commercial generators shall comply with the following requirements.
(a) Each commercial generator, including all multi-family dwellings that consist of five dwelling units or more, large events and large venues shall be responsible for
compliance with the requirements of this Section.
(b) Except for commercial generators that obtain a waiver or that meet the self-hauler requirements in section 26-4.4, each commercial generator shall subscribe to a level of service with an authorized collector for a Garbage Container, Recyclable Materials container and Organics Container. Container sizes shall be sufficient to
handle the volume of garbage, recyclable materials and organic materials generated or accumulated on the premises. Additionally, each commercial generator shall ensure the proper separation of solid waste, as established by the authorized collector, by placing each type of material in the designated collection containers, and ensuring that employees, contractors, volunteers, customers,
visitors, and other persons on-site conduct proper source separation of solid waste.
(c) Supply and allow access to adequate number, size, and location of Garbage Containers, Recyclable Materials Containers and Organics Containers with sufficient labels or colors, conforming with requirements of this section, for
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employees, contractors, tenants, and customers, consistent with the solid waste collection service.
(d) Annually provide information to employees, contractors, tenants, and customers
about organic materials recovery requirements and about proper sorting of solid waste.
(e) Provide educational information before, or within, fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep
source separated organic materials and source separated recyclable materials
separate from garbage (when applicable) and the location of collection containers and the rules governing their use at each property.
(f) Accommodate and cooperate with the authorized collector’s remote monitoring or other inspection of the contents of containers for prohibited container
contaminants, to evaluate generator’s compliance.
(g) If a commercial generator self-hauls, the commercial generator shall meet the self-haul requirements in Section 26-4.4 of this Chapter.
Commercial generators, excluding multi-family dwellings consisting of five (5) or more dwelling units, shall also comply with the following additional requirements.
(h) Provide containers for the collection of source separated organic materials and
source separated recyclable materials in all indoor and outdoor areas where garbage disposal containers are provided for customers, for materials generated onsite. Such containers do not need to be provided in restrooms. If a commercial generator does not generate any of the materials that would be collected in one
type of collection container, then it is not required to provide that type of
container in all areas where disposal collection containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the indoor and outdoor containers shall have either:
(1) A body or lid that is gray or black for collection of garbage, blue for
collection of recycling, and green for collection of organic materials. A
commercial generator is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever
comes first or;
(2) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials
prohibited in the container. Pursuant 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
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(i) To the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated
for those materials per the solid waste collection service.
(j) Periodically inspect organic materials, recycling, and garbage containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
(k) Commercial generators that are commercial edible food generators, as defined in
Section 26-1, shall comply with commercial edible food generator requirements, pursuant to Section 26-8.
26-4.3 Waivers.
(a) Pursuant to 14 CCR Section 18984.11, the town may grant waivers to commercial
businesses for physical space limitations and/or de minimis volumes. Commercial
businesses seeking a waiver shall submit their request in a form specified by the town manager. After reviewing the waiver request, and after an on-site review, if applicable, the town manager may either approve or deny the following waiver requests.
(1) De Minimis Waivers: The town may waive a commercial business’
obligation to comply with some or all the requirements of Section 26-4.2 if the commercial business meets the following requirements:
(i) Submit an application specifying the type of waiver requested and provide documentation as described below.
(ii) Provide documentation that either:
a) The commercial business receives two or more cubic yards of weekly solid waste collection service (including garbage, recyclable material and organic materials) and disposed organic materials comprises less than 20 gallons per week
of the business’ total weekly solid waste volume; or
b) The commercial business receives less than two cubic yards of weekly solid waste collection service (including garbage, recyclable material and organic materials) and disposed organic materials comprises less than 10 gallons per week
of the business’ total weekly solid waste volume.
c) For the purposes of subsections a) and b) above, weekly solid waste collection shall be the sum of weekly garbage collection container volume, recyclable material collection container volume and organic materials collection container
volume, measured in cubic yards.
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(iii) Notify the town if circumstances change such that volume of commercial business’ organic materials placed in collection
containers exceeds threshold required for waiver, in which case
waiver will be rescinded.
(iv) Provide written verification of eligibility for de minimis waiver every five years if the town has approved de minimis waiver.
(2) Physical Space Waivers: The town may waive a commercial business’
obligations (including multi-family dwellings) to comply with some or all
of the recyclable materials and/or organic materials collection service requirements if the town has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance
with the collection service requirements. A commercial business or
property owner may request a physical space waiver through the following process: (i) Submit an application form specifying the type(s) of collection services for which they are requesting a waiver from mandatory
collection service.
(ii) Provide documentation that the premises lacks adequate space for the approved recyclable materials collection containers and approved organic materials collection containers including documentation from its authorized collector, licensed architect, or
licensed engineer.
(iii) Provide written verification to the town that it is still eligible for physical space waiver every five years if the town has approved application for a physical space waiver.
26-4.4 Self-Haul.
(a) Self-haulers shall haul their source separated recyclable materials to a facility
that recovers those materials; and haul their source separated organic materials to a solid waste facility, operation, activity, or property that processes or recovers source separated organic materials.
(b) Self-haulers that are commercial businesses shall keep a record of the amount of
organic materials delivered to each solid waste facility, operation, activity, or
property that processes or recovers organic materials; this record shall be subject to inspection by the town. The records shall include the following information:
(1) Delivery receipts and weight tickets from the entity accepting the waste. If the material is transported to an entity that does not have scales on-site or
employs scales incapable of weighing the self-hauler’s vehicle in a manner
that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic materials.
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(2) The amount of material in cubic yards or tons transported by the generator to each entity.
(3) At the request of the town or authorized collector, complete and retain on-
site a self-hauling form certifying that all self-hauling activities will be completed in accordance with this chapter or any other applicable law or regulation. A copy of such form shall be completed and remitted annually to the town.
26-5 Storage Receptacles; Accumulation.
It is unlawful to place or permit to remain any solid waste except in a suitable covered container supplied by the authorized collector as set forth in this chapter.
(a) Authorized collector shall provide suitable and sufficient collection containers for
purchase or rent by any person or entity having a duty to subscribe to solid waste
collection service under this chapter.
(b) The specific nature of the required collection containers shall be established as from time to time approved by the town and the authorized collector.
(c) Generators shall arrange for a size, quantity and collection frequency of collection
containers to adequately store all solid waste generated in connection with the
premise between the times designated for collection service. The town shall have the right to review the number and size of such collection containers to evaluate the adequacy of capacity provided for each type of collection service and to review the separation and containment of materials. Generators shall adjust
service levels for their collection services as requested by the town in order to
meet the standards set forth in this chapter.
(d) All solid waste shall be placed in collection containers constructed of metal or an approved plastic material and type that is watertight, nonabsorbent, animal resistant, durable, easily cleanable, equipped with handles, and has tight-fitting
covers such that the collection containers hold the solid waste without spillage
and leakage, escape of odors or access of flies to the contents thereof.
(e) No person owning or occupying any building, lot or premises shall allow any solid waste to accumulate or remain in or upon the building, lot or premises in a manner in violation of this chapter or that otherwise creates a public nuisance.
26-5.1 Receptacle location.
Except as expressly provided by this section, no solid waste collection containers other than those owned or rented by the town shall be placed or kept in or on any public street, sidewalk, footpath, or any public place whatsoever, but shall be maintained on the premises in a location and manner so as not to be visible from the public street.
Notwithstanding the foregoing, solid waste collection containers may be placed on the day(s) and in the designated collection locations authorized collector for removal and
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emptying of said collection containers, but shall be removed within twenty-four hours of the day of collection.
26-5.2 Improper Use of Public Solid Waste Receptacles
It is unlawful for any person to place or cause to be placed in any public receptacle owned by the town and located upon public streets or in public places any solid waste originating within or upon any private property.
26-6 Transportation of Solid Waste in Town
(a) No solid waste shall be removed and carried on and along the streets and alleys of the town, unless the same is carried, conveyed or hauled in conveyances so constructed as to be dustproof, and so arranged as not to permit dust or other matter to sift through or fall upon the streets and alleys. The contents of such conveyances shall be further
protected with appropriate covers so as to prevent the same from being blown upon the
streets, alleys and adjacent lands.
(b) No solid waste shall be removed and carried on or along any street or alley of the town, unless the same is transported in watertight containers with proper covers so that the garbage shall not be offensive, and every such container shall be kept clean and such
solid waste shall be so loaded that none of it shall fall, drip or spill to or on the ground,
sidewalk or pavement.
(c) Every truck used in the collection or removal of solid waste shall be kept well painted and clean inside and out; and the name of the authorized collector and the truck number shall be prominently displayed on each truck.
26-7 Emergency Removal of Solid Waste.
Nothing in this chapter shall be deemed to prohibit the town from removing and hauling any solid waste considered by the town manager to undermine the health, safety or welfare of the public.
26-8 Commercial Edible Food Generator Requirements.
(a) Tier one commercial edible food generators must comply with the requirements of this section January 1, 2022, and Tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
(b) Large venue or large event operators not providing food services, but allowing for
food to be provided by others, shall require food facilities operating at the large
venue or large event to comply with the requirements of this section, commencing January 1, 2024.
(c) Commercial edible food generators shall comply with the following requirements:
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(1) Arrange to recover the maximum amount of edible food that would otherwise be disposed.
(2) Contract with or enter into a written agreement with food recovery
organizations or food recovery services for: (a) the collection of edible food for food recovery; or (b) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.
(3) Shall not intentionally spoil edible food that is capable of being recovered
by a food recovery organization or a food recovery service.
(4) Allow the town’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.
(5) Keep records that include the following information, or as otherwise
specified in 14 CCR Section 18991.4:
(i) A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR section 18991.3(b).
(ii) A copy of all contracts or written agreements established under 14
CCR section 18991.3(b).
(iii) A record of the following information for each of those food recovery services or food recovery organizations:
a) The name, address and contact information of the food
recovery service or food recovery organization.
b) The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.
c) The established frequency that food will be collected or self-hauled.
d) The quantity of food, measured in pounds recovered per
month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.
(d) Nothing in this Chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the
Federal Good Samaritan Act, or share table and school food donation guidance
pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to
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food safety, as amended, supplemented, superseded and replaced from time to time).
26-9 Food Recovery Organization and Food Recovery Services Requirements.
(a) Food recovery services collecting or receiving edible food directly from
commercial edible food generators, via a contract or written agreement
established under 14 CCR Section 18991.3(b), shall maintain the following
records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
(1) The name, address, and contact information for each commercial edible
food generator from which the service collects edible food.
(2) The quantity in pounds of edible food collected from each commercial
edible food generator per month.
(3) The quantity in pounds of edible food transported to each food recovery
organization per month.
(4) The name, address, and contact information for each food recovery
organization that the food recovery service transports edible food to for
food recovery.
(b) Food recovery organizations collecting or receiving edible food directly from
commercial edible food generators, via a contract or written agreement
established under 14 CCR Section 18991.3(b), shall maintain the following
records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
(1) The name, address, and contact information for each commercial edible
food generators from which the organization receives edible food.
(2) The quantity in pounds of edible food received from each commercial
edible food generator per month.
(3) The name, address, and contact information for each food recovery service
that the organization receives edible food from for food recovery.
(c) Food recovery organizations and food recovery services that have their primary
address physically located in the town and contract with or have written
agreements with one or more commercial edible food generators pursuant to 14
CCR Section 18991.3(b) shall annually report to the town it is located in the total
pounds of edible food recovered in the previous calendar year from the tier one
and tier two commercial edible food generators they have established a contract or
written agreement with pursuant to 14 CCR Section 18991.3(b) no later than
April 1.
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(d) In order to support edible food recovery capacity planning assessments or other
studies conducted by the county, town, special district that provides solid waste
collection services, or its designated entity, food recovery services and food
recovery organizations operating in the town shall provide information and
consultation to the town, upon request, regarding existing, or proposed new or
expanded, food recovery capacity that could be accessed by the town and
commercial edible food generators. A food recovery service or food recovery
organization contacted by the town shall respond to such request for information
within 60 days unless a shorter timeframe is otherwise specified by the town.
26-10 Administration, Inspections and Enforcement of Chapter.
(a) The town manager shall make such rules and interpretation of the terms of this chapter not inconsistent with the provisions of this chapter as may be necessary, reasonable and proper to effect the proper expedient, economical and efficient collection and removal of solid waste by the authorized collector
(b) The town, authorized collector, or designee is authorized to conduct any
inspections, remote monitoring, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws. This may include inspections and investigations, at random or otherwise, of any collection container, collection vehicle load, or transfer, processing, or disposal facility to
confirm compliance with this chapter, subject to applicable laws. This section
does not allow entry in a private residential dwelling unit for inspection. For the purposes of inspecting collection containers for compliance, the town or authorized collector may conduct container inspections for prohibited container contaminants using remote monitoring, and generators shall accommodate and
cooperate with the remote monitoring.
(c) A person subject to the requirements of this chapter shall provide or arrange for access during all inspections (with the exception of a private residential dwelling unit) and shall cooperate with the town or authorized collector during such inspections and investigations. Such inspections and investigations may include
confirmation of proper placement of materials in containers, inspection of edible
food recovery activities, review of required records, or other verification or inspection to confirm compliance with any other requirement of this chapter. Failure to provide or arrange for: (i) access to the premises; (ii) installation and operation of remote monitoring equipment, if a remote monitoring program is
adopted; or (iii) access to records for any inspection or investigation is a violation
of this chapter and may result in penalties.
(d) Any records obtained by the town, authorized collector, or designee, during inspections, investigations, remote monitoring and other reviews shall be subject to the requirements and applicable disclosure exemptions of the California Public
Records Act as set forth in Government Code Section 6250 et seq.
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(e) The town, authorized collector or designee shall accept written complaints from persons regarding an entity that may be potentially non-compliant with this
chapter and/or the SB 1383 Regulations.
(f) A violation of any provision of this chapter shall constitute an infraction and will be grounds for issuance of a notice of violation and assessment of an administrative citation and penalty by the town’s enforcement officer or its designated enforcement agency.
(g) Enforcement actions under this chapter are issuance of a notice of violation and
assessment of an administrative citation and assessment of a fine. The town’s procedures on imposition of administrative citations and fines as contained in Municipal Code Chapter 31 shall govern the imposition, enforcement, collection, and review of administrative citations and fines issued to enforce this chapter and
any rule or regulation adopted pursuant to this chapter. Any section of this chapter
may be enforced by the town of Tiburon or, if agreed to, by its designated enforcement agency.
(h) A violation may be punishable by:
a. A fine of one hundred dollars for a first violation;
b. A fine of two hundred dollars for a second violation of the same provision
of this code within any twelve consecutive month period;
c. A fine of five hundred dollars for each additional violation of the same provision of this code within any twelve consecutive-month period. Any citation issued after the issuance of a third citation or violation of the same
provision of this code within any twelve consecutive-month period may be
charged as a misdemeanor pursuant to the provisions of Chapter 31 of this code.
(i) The town or designated enforcement agency may issue a notice of violation requiring compliance within 60 days or sooner of issuance of the notice.
(j) Absent compliance by the respondent within the deadline set forth in the notice of
violation, the town or designated enforcement agency shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the town’s standard procedures or the standard procedures of its designated enforcement agency.
(k) The remedies provided in this chapter shall be cumulative and not exclusive and
any remedies allowed by law may be used, including civil action or prosecution as a misdemeanor or infraction, in the sole discretion of the town attorney. The town may pursue civil actions in the California courts to seek recovery of unpaid administrative citations, and fines. The town may choose to delay court action
until such time as a sufficiently large number of violations, or cumulative size of
violations exist such that court action is a reasonable use of town staff and resources.
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(l) Each separate day or any portion thereof on which a violation occurs or is committed, continued or permitted shall be deemed to constitute a separate
offense punishable as herein provided.
Article II. Collection 26-11 Town Contracts for Collection Services; Renewal of Contract.
The town council may, with or without having invited bids therefore, enter into a contract with any responsible person or entity to be the authorized collector under this chapter. The term of such contract, rates of collection and other provisions of such contract shall be as provided by resolution of the town council. Where such a contract has been entered
into between the town and a contractor for the collection, removal and disposal of solid
waste, and such contractor shall have satisfactorily performed such contract, the town council, without inviting bids or proposals therefore and without giving notice of its intention to do so, may, either prior to or after the expiration of such contract, extend or renew the same for such a period and on such terms and conditions as the town council
shall provide by resolution.
26-12 Terms and Conditions of Contract.
The contract shall contain the following provisions:
(a) The authorized collector shall be required to dispose of all solid waste at
appropriate disposal facilities satisfactory to the town.
(b) The town’s authorized collector providing residential, commercial, or industrial organic materials collection services to generators within the town’s boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the town to collect organic
materials:
(1) Through written notice to the town annually on or before January 1, 2022, identify the facilities to which they will transport organic materials including facilities for source separated recyclable materials and source separated organic materials.
(2) Transport source separated recyclable materials and source separated
organic materials to a facility, operation, activity, or property that recovers organic materials as defined in 14 CCR, Division 7, Chapter 12, Article 2.
(3) Obtain approval from the town to haul organic materials, unless it is transporting source separated organic materials to a community
composting site or lawfully transporting construction and demolition
debris in a manner that complies with 14 CCR Section 18989.1.
(c) The authorized collector shall comply with all applicable federal, state and local laws, as they may be amended from time to time, in performance of the contract.
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(d) The authorized collector shall be required to make provisions for collection and disposal of household hazardous waste.
26-13 Duty of Authorized Collector; Regulation and Supervision of Collection.
The authorized collector shall provide solid waste collection service to all persons situated within the town; provided, that payment for service is made. The town council may establish standard regulations for the methods of collection of solid waste service charges, including the enforcement thereof. The town manager shall supervise the
collection and removal of all solid waste by the authorized collector.
26-14 Responsibility and Liability of Authorized Collector; Liability Insurance Required.
The authorized collector shall be considered as and shall be an independent contractor
and shall be responsible to the town for the result of his work to be done, but shall act
under his own directions as to the manner of performing this work; and he shall keep himself and all of his employees insured against all liability under state workmen's and employees insurance, compensation and safety laws and against public liability and property damage (including all such liability for use or operation of motor vehicles used
in the performance of work hereunder). Such public liability insurance shall be in a form
and manner and to the extent satisfactory to the town. Evidence of such insurance shall be filed with the town annually.
26-15 Performance bond required of Authorized Collector.
Prior to execution of any contract authorizing any person or entity to act as the authorized
collector under this chapter, said person or entity shall file with the town a bond for the
faithful performance of the contract in the sum of one hundred thousand dollars.
26-16 Exclusive Rights of Authorized Collector. (a) An award of a contract under this chapter shall confer upon the person to whom the
contract is awarded the exclusive right to serve as authorized collector under this
chapter during the terms of the contract, to collect, transport and dispose of solid waste, subject only to such exceptions as are specifically set forth in this chapter or the town's contract with authorized collector. All provisions of this chapter applicable to the authorized collector shall constitute and be a part of any contract
awarded hereunder.
(b) Nothing in this chapter shall preclude an occupant, renter, or owner of property in the town to regularly dispose of their solid waste either personally or through the uncompensated services of another, in either case at a county-operated disposal facility.
(c) No person, other than the authorized collector or persons authorized under
subsection (b) of this section, shall remove paper, glass, cardboard, plastic, used
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motor oil, ferrous metal, aluminum, or other recyclable materials which have been source separated from solid waste materials and placed at a designated collection
location for residential curbside collection for the purposes of collection and
recycling.
26-17 Rates and charges.
The authorized collector shall charge every user of solid waste collection service, at rates
established pursuant to the contract between the town and the authorized collector. Such
rates shall be subject to change in accordance with said contract. The authorized collector shall use reasonable efforts to set rates so as to fairly distribute the costs of solid waste collection service between users thereof according to the extent of their usage.
26-18 Establishment of routes and time for collection.
The authorized collector shall establish routes, days and hours for collection of solid
waste and may change the same from time to time. When such routes, days and hours are established or changed, the same shall be filed with the town manager.
SECTION 3 SEVERABILITY.
If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have
passed this Ordinance, any section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional. SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect and be in force thirty (30) days after the date of passage, and before the expiration of fifteen (15) days after passage by the Town Council, a copy of the ordinance shall be published with the names of the members voting for and against it at least once in a newspaper of general circulation in the Town of Tiburon.
This ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on November 17, 2021 and was adopted at a regular meeting of the Town Council of the Town of Tiburon on December 1, 2021 by the following vote:
AYES: NOES: ABSENT: _________________________________
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Tiburon Town Council Ordinance No. XXX N.S. Effective 12/31/2021
HOLLI THIER, MAYOR
Town of Tiburon
ATTEST: _
LEA STEFANI, TOWN CLERK