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Home My WebLink AboutTC Agd Pkt 2023-03-15 TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 Tiburon Town Council March 15, 2023 Regular Meeting 6:30 P.M. TIBURON TOWN COUNCIL AGENDA The meeting will be held in person and will be televised live on Zoom. Members of the public have the option of participating in-person or remotely via Zoom at: Webinar: https://us06web.zoom.us/j/82809000539 Webinar ID: 828 0900 0539 Call-in Number: +1 669 900 6833 Submit public comment by: 1. Email comments@townoftiburon.org prior to 12:00 p.m. the day of the meeting. Written comments received will be saved as part of the record of the meeting. 2. Attend the meeting in person at the Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California 94920 and provide public comment. 3. If on Zoom, during the public comment portion of the agenda item, select the “Raise Hand” option or *9 if using a phone. Please be advised that those participating in the meeting remotely via Zoom do so at their own risk. The Town Council meeting will not be cancelled if any technical problems arise during the meeting. REGULAR MEETING – 6:30 P.M. CALL TO ORDER AND ROLL CALL Councilmember Thier, Councilmember Welner, Vice Mayor Fredericks, Mayor Ryan ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3) minutes. CONSENT CALENDAR CC-1. Town Council Minutes – Adopt minutes for February 1, 2023 special and regular Town Council meetings (Department of Administrative Services) CC-2. Town Council Minutes – Adopt minutes for February 15, 2023 regular Town Council meeting (Department of Administrative Services) CC-3. Town Council Minutes – Adopt minutes for March 1, 2023 regular Town Council meeting (Department of Administrative Services) CC-4. Marin Emergency Radio Authority Appointment – Adopt resolution appointing Chief of Police Michelle Jean to the Marin Emergency Radio Authority (Department of Administrative Services) ACTION ITEMS AI-1. Painted Bins – Consider request from Painted Bins, a program of Sustainable Marin, to approve the placement of 5 trash/recycling/compost bin stations that accommodate changeable artwork in downtown Tiburon and direct staff to utilize FY 2023 and FY 2023 grant funds to complete the project (Heritage & Arts Commission/Office of the Town Manager) AI-2. Welcome to Tiburon Banner Sign – Consider approval of a new welcome banner sign in the median in front of the Belvedere-Tiburon Library, and approve a FY 2023 budget amendment in the amount of $13,365 to fund the project (Office of the Town Manager) DISCUSSION ITEMS DI-1. Tiburon 2040 General Plan – Receive update on General Plan update timeline (Community Development Department) TOWN COUNCIL REPORTS TOWN MANAGER REPORT CLOSED SESSION 1. Public Employee Performance Review: Government Code Section 34957 Title: Town Manager 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. DR A F T Page 1 of 4 DRAFT Tiburon Town Council Minutes #03-2023 February 1, 2023 TOWN COUNCIL REGULAR & SPECIAL MEETING 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. REGULAR MEETING – 5:00 P.M. CALL TO ORDER AND ROLL CALL PRESENT: COUNCILMEMBERS: Fredericks, Ryan, Thier, Welner (at 6:15 p.m.) ABSENT: COUNCILMEMBERS: One Vacant Seat PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock, Director of Community Development Tasini, Public Works Engineering Manager Eshoo, Town Clerk Dilena CONSENT CALENDAR CC-1. Town Council Minutes – Adopt minutes for January 18, 2023 Town Council special andregular meetings (Department of Administrative Services) CC-2. Town Council Minutes – Adopt minutes for January 25, 2023 Town Council special meeting (Department of Administrative Services) MOTION:To adopt Consent Calendar Item No. 1, as written.Moved: Thier, seconded by Fredericks VOTE: AYES: Fredericks, Ryan, Thier ABSENT: Welner, One Vacant Seat CC-2. Town Council Minutes – Adopt minutes for January 25, 2023 Town Council specialmeeting (Department of Administrative Services) MOTION: To adopt Consent Calendar Item No. 2, as amended by Julie Jacobs’ January 29, 2023 letter. Moved: Thier, seconded by Ryan VOTE: AYES: Fredericks, Ryan, Thier ABSENT: Welner, One Vacant Seat CC-1 DR A F T Page 2 of 4 DRAFT Tiburon Town Council Minutes #03-2023 February 1, 2023 ACTION ITEMS AI-1. Little League Parade & Opening Day Special Event – Consider approval of request to close Main Street on March 17, 2023 from 4:00 p.m. to 9:00 p.m. for the special event (Department of Administrative Services) Public comment was received by: • DeAnn Biss, Executive Director of the Chamber of Commerce, who requested the Council create criteria for events that would close Main Street to balance the interests of the downtown businesses. • Isaac Nikfar, who spoke in support of the event. MOTION: To approve the closure of Main Street from 4:00 p.m. to 9:00 p.m. on March 17, 2023 for the Tiburon Peninsula Little League event for the year 2023 only, and to urge TPLL to explore other venues for the event as the Town Council works to develop policy on events that would close Main Street. Moved: Thier, seconded by Fredericks VOTE: AYES: Fredericks, Ryan, Thier ABSENT: Welner, One Vacant Seat AI-2. Parks Master Plan – Authorize the Town Manager to execute a Professional Services Agreement with WRT to assist the Town with development of a Town of Tiburon Parks Master Plan, in an amount not to exceed $315,478, authorize a FY2023 budget amendment to fund the work and consider appointing a councilmember to work with the POST subcommittee and staff (Department of Public Works) Public comment was received by: • Bruce King, who referred to his letter submitted and recommended expanding the review to others before making a final decision. MOTION: To authorize the Town Manager to execute a Professional Services Agreement, subject to approval of the Town Attorney as to form, with WRT, to assist the Town with development of a Parks Master Plan, in an amount not to exceed $315,478, to approve a budget amendment in the amount of $315,478 to fund the work, with the source of funds being American Rescue Plan funds, and to appoint Councilmember Holli Thier and Mayor Jack Ryan to work with the Parks, Open Space and Trails Commission subcommittee on the project. Moved: Thier, seconded by Fredericks VOTE: AYES: Fredericks, Ryan, Thier ABSENT: Welner, One Vacant Seat AI-3. Town Hall HVAC Systems – Consider authorization of the Town Manager to execute a contract with Bell Products Inc. for the HVAC Systems Update/Replacement Project for $681.874, a budget amendment in the amount of $79,367 from the Infrastructure and Facility Replacement Reserve Fund, and authorize the Town Manager to approve change orders up to 10% of the construction amount if needed (Department of Public Works) DR A F T Page 3 of 4 DRAFT Tiburon Town Council Minutes #03-2023 February 1, 2023 MOTION: To authorize the Town Manager to execute the contract with Bell Products Inc. for the Town Hall HVAC Systems Update/Replacement Project in the amount of $681,874, to authorize a budget amendment in the amount of $79,367 from the Infrastructure and Facility Replacement Reserve Fund, and to authorize the Town Manager to approve construction change orders up to 10% for unforeseen construction issues. Moved: Thier, seconded by Fredericks VOTE: AYES: Fredericks, Ryan, Thier ABSENT: Welner, One Vacant Seat AI-4. Town Council Regular Meeting Time – Consider providing direction to staff on changing the Town Council regular meeting time (Department of Administrative Services) Public comment was received by: • Dorene Curtis, who asked if meetings would only be in-person or if they would be livestreamed as well. The Council directed staff to return to the next meeting with a resolution changing the Town Council’s regular meeting time to 6:30 p.m. DISCUSSION ITEMS DI-1. Objective Design Standards – Provide feedback on the draft Objective Design Standards (Community Development Department) Public comment was received by: • Kathy Silverfield, who asked about the height limits and preserving the historical look of Main Street and if there would be a public question & answer session. • Dorene Curtis, who asked about the height limits and requested clarifications from staff about the law and commercial requirements. No action taken. TOWN COUNCIL REPORTS Councilmember Fredericks reported the Marin Bike Coalition had requested a resolution related to bicycle-pedestrian safety. TOWN MANAGER REPORT None. ADJOURNMENT – to special meeting DR A F T Page 4 of 4 DRAFT Tiburon Town Council Minutes #03-2023 February 1, 2023 SPECIAL MEETING – 7:42 P.M. 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, Town Clerk Dilena ACTION ITEMS AI-1. Town Council Vacancy – Provide direction on next steps to fill Vice Mayor Griffin’s seat on the Town Council (Office of the Town Manager) The Town Council directed staff to return to the Town Council with the appropriate resolutions to call a special election on August 29, 2023, and to begin the appointments process for the Council to appoint an interim council member to serve until the certification of the August 29, 2023 special election. AI-2. Election of Vice Mayor and Town Council Committee Assignments – The Mayor will conduct the election of Vice Mayor and the Council will consider making two appointments to the 2023 Town Manager Performance Evaluation and the 2023 Budget/Finance ad hoc committees (Department of Administrative Services) MOTION: To appoint Alice Fredericks to the office of Vice Chair, and to appoint Alice Fredericks to the 2023 Town Manager Performance Evaluation and the 2023 Budget/Finance ad hoc committees. Moved: Ryan, seconded by Thier VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: One Vacant Seat ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Ryan adjourned the meeting at 8:15 p.m. JACK RYAN, MAYOR TOWN OF TIBURON ATTEST: LEA DILENA, TOWN CLERK DR A F T Page 1 of 3 DRAFT Tiburon Town Council Minutes #04-2023 February 15, 2023 TOWN COUNCIL REGULAR MEETING 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. REGULAR MEETING – 5:00 P.M. 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, Town Clerk Dilena ORAL COMMUNICATION Julie Jacobs asked if the Town had received any applications under the builder’s remedy and if any emergency shelters had been moved from downtown Tiburon to other locations. Lorraine Gemigniani requested the Town hold a town hall-style meeting to address the coyote issue on the peninsula. INTERVIEWS FOR VACANCIES ON TOWN BOARDS & COMMISSIONS •Daniel Morgan, Planning Commission & Design Review Board •Daniel Fletcher, Planning Commission & Design Review Board CONSENT CALENDAR CC-1. Town Council Regular Meetings – Adopt resolution that would change the TownCouncil’s regular meeting time to 6:30 p.m. (Department of Administrative Services) CC-2. Teleconference Meetings – Adopt resolution that would allow the Town to continue tooperate virtual board meetings in accordance with AB 361 (Department of Administrative Services) CC-3. Black History Month – Adopt resolution in honor of Black History Month (Departmentof Administrative Services) Mayor Ryan pulled Consent Calendar Item No. 3 for discussion. CC-2 DR A F T Page 2 of 3 DRAFT Tiburon Town Council Minutes #04-2023 February 15, 2023 MOTION: To approve Consent Calendar Items No. 1-2, as written. Moved: Thier, seconded by Fredericks VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: One Vacant Seat CC-3. Black History Month – Adopt resolution in honor of Black History Month (Department of Administrative Services) MOTION: To adopt Consent Calendar Item No. 3, as written. Moved: Thier, seconded by Fredericks VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: One Vacant Seat ACTION ITEMS AI-1. Thomas Jackson Public Art Installation – Consider request for $7,000 contribution toward the Thomas Jackson Public Art Installation and approval of a budget amendment in the contribution amount from the General Fund Operating Reserves (Heritage & Arts Commission) MOTION: To approve the request and authorize a budget amendment in the amount of $7,000 from the General Fund Operating Reserves. Moved: Thier, seconded by Fredericks VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: One Vacant Seat AI-2. Main Street Closure – Consider request to close Main Street on Saturday, April 1, 2023 from 2:00 p.m. to 6:00 p.m. for the Persian Nowruz-New Year Spring Festival (Department of Administrative Services) MOTION: To approve the closure of Main Street on April 1, 2023 from 2:00 p.m. to 6:00 p.m. for the Persian Nowruz Festival. Moved: Fredericks, seconded by Thier VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: One Vacant Seat AI-3. Diversity Inclusion Task Force – Consider appointment of Chair and Vice Chair of the Diversity Inclusion Task Force (Department of Administrative Services) MOTION: To appoint Councilmember Holli Thier as Chair of the Diversity Inclusion Task Force for a 1-year term. Moved: Welner, seconded by Ryan VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: One Vacant Seat PUBLIC HEARINGS DR A F T Page 3 of 3 DRAFT Tiburon Town Council Minutes #04-2023 February 15, 2023 PH-1. 1911 and 1915 Mar West Street – Consider approval of a partial street abandonment associated with a proposed lot line adjustment (Community Development Department) [CONTINUED TO MARCH 15, 2023] TOWN COUNCIL REPORTS Councilmember Fredericks reported the CalCities Board is investigating a 2024 ballot measure related to land use regulations and requested the Council consider adoption of a resolution opposing the measure. TOWN MANAGER REPORT None. CLOSED SESSION 1. Public Employee Performance Review: Government Code section 34957 Title: Town Manager 2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Paragraph (2) of Subdivision (d) of Government Code Section 54956.9: (One potential case) Claim filed by Jordan Warren on August 31, 2022, on file with the Town Clerk’s office ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Ryan adjourned the meeting at 6:10 p.m. JACK RYAN, MAYOR TOWN OF TIBURON ATTEST: LEA DILENA, TOWN CLERK DR A F T Page 1 of 3 DRAFT Tiburon Town Council Minutes #05-2023 March 1, 2023 TOWN COUNCIL REGULAR MEETING DRAFT MINUTES REGULAR MEETING – 6:30 P.M. 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, Town Clerk Dilena ORAL COMMUNICATIONS There were none. INTERVIEWS FOR VACANCIES ON TOWN BOARDS & COMMISSIONS •Brette Daniels, Diversity Inclusion Task Force INTERVIEWS FOR VACANCIES ON TOWN COUNCIL •Isaac Nikfar, Town Council Interim Appointment •Lou Weller, Town Council Interim Appointment •Nora Noguez, Town Council Interim Appointment •Kathleen Defever, Town Council Interim Appointment •Karen Carrera, Town Council Interim Appointment •Chuck Hornbrook, Town Council Interim Appointment CONSENT CALENDAR CC-1. August 29, 2023 Special Municipal Election – Adopt resolution calling a specialelection on August 29, 2023 to fill a vacancy on the Town Council (Department of Administrative Services) MOTION: To adopt Consent Calendar Item No. 1, as written. Moved: Their, seconded by Fredericks VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: One Vacant Seat CC-3 DR A F T Page 2 of 3 DRAFT Tiburon Town Council Minutes #05-2023 March 1, 2023 ACTION ITEMS AI-1. Appointments to Town Boards and Commissions – Consider appointments or reappointments to Town Boards and Commissions following term expirations (Department of Administrative Services) Public comment was received by: • George Landau, who spoke in support of Erica Williams being reappointed to the Planning Commission. MOTION: To reappoint Jerry Riessen (The Ranch Committee), Victoria Fong (Heritage & Arts Commission), Chuck Hornbrook (Parks, Open Space and Trails Commission), and Erica Williams (Planning Commission) to new 4-year terms on their respective boards. Moved: Thier, seconded by Fredericks VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: One Vacant Seat MOTION: To reopen the application period for two Design Review Board seats, readvertise the vacancy and accept more applications. Moved: Thier, seconded by Fredericks VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: One Vacant Seat MOTION: To reappoint Karen Carrera, Anette Harris, Ruben Kalra, Nooshin Latour, and Tina Paikeday to the Diversity Inclusion Task Force. Moved: Thier, seconded by Welner SUBSTITUTE MOTION: To reappoint Karen Carrera, Anette Harris, Nooshin Latour, and Tina Paikeday, and to appoint Brette Daniels, to the Diversity Inclusion Task Force. Moved: Fredericks, no second Motion failed. MOTION: To reappoint Karen Carrera, Anette Harris, Ruben Kalra, Nooshin Latour, and Tina Paikeday to the Diversity Inclusion Task Force. Moved: Thier, seconded by Welner VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: One Vacant Seat AI-2. Town Council Interim Appointment – Consider making one interim appointment to the Town Council (Department of Administrative Services) Public comment was received by: DR A F T Page 3 of 3 DRAFT Tiburon Town Council Minutes #05-2023 March 1, 2023 • George Landau, who spoke in support of Kathleen Defever. • Mark Talamantes, who spoke in support of Karen Carrera. • Rick Grossman, who spoke in support of Kathleen Defever. • Lalita Waterman, who spoke in support of Nora Noguez or Karen Carrera. MOTION: To appoint Isaac Nikfar to the interim position on the Town Council. Moved: Ryan, seconded by Thier VOTE: AYES: Ryan, Thier NAYS: Fredericks, Welner ABSENT: One Vacant Seat The Council agreed to leave the seat vacant until the August 29, 2023 special municipal election. No action taken. TOWN COUNCIL REPORTS There were none. TOWN MANAGER REPORT Town Manager Chanis reported the April 5 Town Council meeting would be cancelled and the annual Town Council Retreat/CIP Review was scheduled for the morning of April 20. CLOSED SESSION 1. Public Employee Performance Review: Government Code Section 34957 Title: Town Manager ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Ryan adjourned the meeting at 10:30 p.m. JACK RYAN, MAYOR TOWN OF TIBURON ATTEST: LEA DILENA, 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: Appointment to the Marin Emergency Radio Authority Governing Board Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Council will make an appointment to the Marin Emergency Radio Authority (MERA) Governing Board. RECOMMENDED ACTION(S) 1. Adopt the attached resolution (Exhibit 1) appointing Chief of Police Michelle Jean as the Town’s representative to the Governing Board of the Marin Emergency Radio Authority. BACKGROUND It has been the Town’s historical practice to appoint the current Chief of Police as the Town’s primary representative to the Governing Board of the Marin Emergency Radio Authority. Staff recommends the Council appoint Chief Jean to the MERA Governing Board by adoption of the attached resolution (Exhibit 1). ANALYSIS No further analysis provided. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town. CLIMATE IMPACT Staff has determined this action will have no significant impact on the Town’s contribution to global climate change. ENVIRONMENTAL REVIEW TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting March 15, 2023 Agenda Item: CC-4 Town Council Meeting March 15, 2023 TOWN OF TIBURON PAGE 2 OF 2 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) by adoption of this item on the Consent Calendar. Exhibit(s): 1. Draft Resolution Prepared By: Lea Dilena, Town Clerk EXHIBIT 1 Page 1 of 1 Town Council Resolution No. XX-2023 DRAFT 03/15/2023 DRAFT RESOLUTION NO. XX-2023 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPOINTING A REPRESENTATIVE TO THE MARIN EMERGENCY RADIO AUTHORITY GOVERNING BOARD WHEREAS, the Federal Government has made certain radio frequencies available to local agencies in Marin County for the operation of a public safety and emergency radio system; and WHEREAS, numerous local agencies within Marin County have entered into a Joint Powers Agreement establishing the Marin Emergency Radio Authority, including the County, all cities and towns and numerous special districts; and WHEREAS, pursuant to the Joint Powers Agreement, each member entity of the Radio Authority is entitled to appoint one representative and up to two alternates to the Governing Board of the Authority. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon as follows: Section 1. Effective March 15, 2023, the following position is hereby designated as the representative to the Marin Emergency Radio Authority Governing Board, and authorized to take all actions necessary to meet the duties and obligations of the Joint Powers Agreement: Michelle Jean, Chief of Police PASSED, APPROVED AND ADOPTED at a regular meeting of the Town Council, held this 15th day of March by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS JACK RYAN, MAYOR TOWN OF TIBURON ATTEST: LEA DILENA, TOWN CLERK TOWN OF TIBURON PAGE 1 OF 3 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Consider Request from Painted Bins (a program of Sustainable Marin) to Approve the Placement of 5 Trash/Recycling/Compost Bin Stations that Accommodate Changeable Artwork in Downtown Tiburon and Direct Staff to Utilize Fiscal Year 2022 and Fiscal Year 2023 Grant Funds to Complete the Project. Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Council is considering a proposal from Painted Bins, an affiliate program of Sustainable Marin, for the placement and funding of five (5) trash/recycling/compost bin “stations” in Downtown Tiburon. The bin stations would accommodate artwork that could be periodically changed on an ongoing basis. RECOMMENDED ACTION(S) Staff recommends the Town Council: Hear the request, take public comments, and 1. Approve the Painted Bins project as proposed for the placement of 5 bin stations in Downtown Tiburon, and 2. Direct staff to utilize Fiscal Year 2022 and Fiscal Year 2023 Zero Waste Marin grant funds to fund the project, or 3. Deny the request. BACKGROUND Painted Bins (https://www.paintedbins.org/), an affiliate program of the non-profit organization Sustainable Marin, helps reduce food waste in public areas such as parks and public streets. The ‘bin stations’, which include compostable material receptacles, are outfitted with changeable children's artwork that tells a message about the benefits of composting and food waste reduction. A partial list of Painted Bins success stories to date is as follows: • The Town of Corte Madera is placing 8 Painted Bins in Town Park in early 2023 with posters of local school children’s art on the bins, prompting why it is important to compost. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting March 15, 2023 Agenda Item: AI-1 Town Council Meeting March 15, 2023 TOWN OF TIBURON PAGE 2 OF 3 • Promoted the Painted Bins poster contest with a 3rd grade and 4th classes at Corte Madera’s Neil Cummins Elementary School. An independent jury selected the 16 winning posters from 63 posters about the importance of composting. • The first Painted Bins Art Show was held at Corte Madera’s Town Center for 3 days over the 2022 Memorial Day weekend. Over 200 visitors stopped by to see the art and learn about composting. • Painted Bins is working with six 9th grade students in the Marin School of Environmental Leadership program at Terra Linda High School. • The City of Belvedere has approved the placement of two stations. Recently, Kathy Huber, founder of Painted Bins approached staff from the Public Works Department with a proposal to place several bin stations in Downtown Tiburon. The project was referred to the Heritage & Arts Commission (H&A) for review, and at their meeting on February 27, 2023, H&A unanimously approved sending their recommendation for the project as presented to Town Council for consideration. In addition, the Tiburon Peninsula Chamber of Commerce supports the project and worked closely with Ms. Huber in determining the proposed locations for the bin stations. ANALYSIS A presentation summarizing the proposal is attached as Exhibit 1. Ms. Huber will be providing an overview of the project at tonight’s Council meeting and will be available to answer any questions. Staff would note that in 2003, Town Council approved Resolution No. 12-2003 adopting the Downtown Tiburon Design Handbook-Site Furnishings Supplement. This document, which supplements the Downtown Tiburon Design Handbook, sets forth guidelines for the selection of site furnishings in Downtown Tiburon. A copy of this Site Furnishings Supplement Handbook is attached as Exhibit 2. It is important to note the handbook is meant to be a guiding document as opposed to a prescriptive one. This distinction is referenced in the Introduction and Purpose section of the handbook (Page 4), which includes the following statement: “This Site Furnishings Supplement is intended to provide general guidance with an emphasis on high quality and compatibility of site furnishings within the Downtown environment. The Supplement is suggestive and advisory only and is not intended to stifle appropriate innovation or compatible creativity.” FINANCIAL IMPACT As proposed, the total cost of the project is $32,300. A quote for the equipment is attached as Exhibit 3, and the following table provides a breakdown of the costs. Town Council Meeting March 15, 2023 TOWN OF TIBURON PAGE 3 OF 3 If Council chooses to approve the project, staff recommends providing funding for the project from grant funds received through Zero Waste Marin (ZWM). Each year. member agencies of ZWM receive grant funds to assist in waste reduction efforts. For Fiscal Year 2023 (current year), Tiburon is eligible for up to $31,337 in funding. Utilizing all of these funds for the proposed project would leave a $963.00 shortfall. However, in addition to the FY 23 funding, the Town has sufficient funds remaining from the FY 22 grant program to cover this amount. CLIMATE IMPACT Staff has determined this action is consistent with the goals and objectives as detailed in the Town of Tiburon’s Climate Action Plan. ENVIRONMENTAL REVIEW Exempt from environmental review under section 15307 of the California Environmental Quality Act (CEQA Guidelines, which exempts "Actions by regulatory agencies for protection of natural resources." In addition, adoption of the CAP is exempt under the under CEQA Guidelines section 15061(b)(3), because it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. RECOMMENDATION Staff recommends the Town Council: Hear the request, take public comments, and 1. Approve the Painted Bins project as proposed for the placement of 5 bin stations in Downtown Tiburon, and 2. Direct staff to utilize Fiscal Year 2022 and Fiscal Year 2023 Zero Waste Marin grant funds to fund the project, or 3. Deny the request Exhibit(s): 1. Proposal- Painted Bins 2. Site Furnishings Supplement Handbook 3. Price Quote for Bin Stations 4. Zero Waste Marin Reimbursement Program Guidelines Prepared By: Patricia Pickett, Liaison Heritage & Arts Commission Greg Chanis, Town Manager Painted Bins… Using Children’s Art to Keep Food Waste from the Landfill Tiburon Town Council - March 15, 2023 Painted Bins • • • • • • • Compost bins w/ local children’s art Keep waste from landfill Reduce GHG in atmosphere Educate the public Project of Sustainable Marin Waste Partner: SEI’s Environmental Leadership program at TLHS Corte Madera > April 2023 pilot Many Community Benefits •Helps cities comply with SB 1383 •Builds environmental stewards •Beautifies our communities •Educates the public •Unites stakeholders in the fight against food waste Partners Increase our Impact Next Steps ✓Reach out to community to identify opportunity ✓Approval from H&A- unanimous approval granted ✓Reach out to local schools to begin art creation ✓Identify proper bin locations •Approval from Town Council •Work with local leaders to execute plan ZWM Funds Can Cover Bin Costs Station (# bins)Utility Price per Station Quantity Total Price Location Triple Station Compost, Recycle, Trash $6075/ triple station 3 $18,225 Main Street Double Station Recycle, Trash $4150/ double station 2 $8,305 Main Street Tax $2,190 Shipping $3,585 Total $32,305 Note: • • Pricing includes 2.5% discount for 10+ bin order Each station will have 2 works of art, changed annually Thank You & Questions Kathy Huber Founder, Painted Bins Kathy.PaintedBins@gmail.com EXHIBIT 2 yoo8oNvH N9lseo NOUngrI NmOINTUTOO Downtown Tiburon Design Handbook: Site Furnishings Supplement Setting forth guidelines for the selection of site furnishings in Downtown Tiburon to augment those general guidelines found in the Downtown Tiburon Design Handbook. Adopted by the Town of Tiburon Town Council on May 7 ,2003 by Resolution No. 12-2003 $ TABLE OF CONTENTS INTRODUCTION & PURPOSE SECTION ONE: PUBLIC AREA FURNITURE & EQUIPMENT BENCHES TRASH & RECCLING RECEPTACLES BICYCLE RACKS STRE,ETLIGHTS PARKING LOT LIGHTING BOLLARDS MISCELLANEOUS FURNITURE SECTION TWO: PRIVATE AREA FURNITURE CHAIRS & TABLES BENCHES ACKNOWLEDGEMENTS & CREDITS 4 t 3 7 8 10 13 t4 t4 l7 t7 n 23 &d. f g -; : frr J I l, I Arr^W SITE F'URNISHINGS SUPPLEMENT: INTRODUCTION AND PURPOSE Introduction This volume is a supplement to the Downtown Tiburon Design Handbook,adopted May1,2002, which provides guidelines for a wide range of design issues in Downtown Tiburon. The guidelines in this Supplement address site fumishings in public spaces aswell as on private property in Downtown Tiburon. Section One addresses the various site fumishings and equipment used in the Town'spublic spaces, while Section Two addresses the needs of private property owners whomay wish to furnish spaces that are accessible from a public street, park or waterfront space. Purpose This,Sire Furnishings Supplemenl is intended to provide general guidance with an emphasis on high quality and compatibility of site fumishings within the Downtown environment. The Supplemenl is suggestive and advisory only and is not intended to stifle appropriate innovation or compatible creativity. Furniture samples shown in thisdocument, unless otherwise noted, are for general guideline purposes only. The Supplement should be referenced by the Town of Tiburon as a guide during the selection of public site furnishings. It should be referenced by private propertyowners, business proprietors, and design professionals for guidance on private property and thoseportions of the public right-of-way where Town permission is granted lor fr-irhingt such as tables, chairs, and benches. Guidelines for site furnishings encourage design concepts that are complementary to, and compatible with, the character of Downtown. Design concepts may vary according to the Downtown District (Main Street, Ark Row, or Tiburon Boulevard) in which the fumishings are to be located, or based upon the immediate surroundings. Site fumishings of high quality in terms of materials and appearance are encouraged throughout Downtown. Products of inferior quality, such as resin tables and chairs oiother types ofplastic fumiture should be avoided; and where already in use, should be replaced &ertime with higher quality furnishings. A final pulpose of this Supplement is to promote a clean, well-maintained, aestheticallypleasing, and pedestrian friendly Downtown. These attributes are enhanced by good street lighting, comfortable and attractive public seating, ample and easy to use bicycle parking, and attractive trash and recycling receptacles. Each site furnishings piece contributes to the overall character of Downtown. Please select them with care! /rt.*4 SECTION ONE PUBLIC AREA F'URNITURE AND EQUIPMENT This section addresses many of the site fumishing elements typically found in publicareas such as streets, parks, waterfront docks, pedestrian corridors, and parking *"u.. Benches A combination wood and metal bench is recommended for waterfront park usage, publicsidewalk seating, and pedestrian corridor seating in Downtown. New benches consistentwith these guidelines have been installed in Feny Plazaand pedestrian corridors leadingfrom Main Sheet to the waterfront. BENCH Manufacturer: Landscape Forms IGlamazoo, MI 800_52r-2546 www. landcapefo rms. com Model No: Plainwell Bench, 6 foot WxHxD:72w32h25d Material: Epe wood Aluminum frame GolorlFinish: Wood:Unfinished Metal Blacl/powdercoat Notes: Anchor per manufacturert details Used at Tiburon Ferry plaza All-wood benches are more appropriate in residentially-oriented Downtown park settings, such as Zelinsky Park or Teather Park, or at public buildings such as Tiburon Town Hall or the Belvedere-Tiburon Public Librarv. WOOD BENGII" TRADITIONAL Manufacturer: Smith & Hawken Novato, CA l,ll,13i#ii".*o*** Model No: Gloucester WxHxD: 60 or72w,3gh, Zld, Material: Teak Golor/Finioh: Natural Trash & Recycling Receptacles In recent years, the Town has begun to replace its tan-colored, rectangular, aggregarc-style trash receptacles with the black, rounded, more contemporaxy models found at FerryPlaza. Trash and recycling receptacles should be relatively attraciiveyet unobtrusive,sturdy, low-maintenance, and vector-resistant. With the introduction of single-streamrecycling in Tiburon, separate receptacles for paper, plastic, and aluminum *" ,ro longerrequired, eliminating the need for o'clusters" of recycle containers and allowing a moreeven distribution of receptacles. Due to increasing trash and recycling volumi especiallyin Shoreline Park and along Main Street, a combination of smalt.r *a larger capacityreceptacles is encouraged where appropriate. TRASH, TRASH/ASH AN D RECYLCING RECEPTACLE Manufacturer: LandscapeForms trGlamazoo, MI 800-52r-2546 www. landcapeforms. com Scarborough Trash and Tirash/ Ash Receptacle 25w33h, 25w 40h Aluminum Black/Powdercoat Anchor per manufacturert details Used at Tiburon Ferry Plaza Signagc Group A for paper, glass and cans & plastic Model No: WxHxD: Matsria!; Color/Finish: lUotee: Bicycle Racks Downtown Tiburon is a popular stopping point along the San Francisco Bay Trail as well as a destination for residents, visitors, workers, and people on family outings. Bicycle racks are therefore an essential element of Downtown Tiburon, and are found at numerous locations throughout the Downtown area. Styles may vary according to location and type and frequency of use. Selection of appropriate bicycle racks should involve the following considerations: o Bicycle racks should be simple to use, and their functioning should be intuitively obvious,' Space is at a premium in Downtown Tiburon; racks should be compact wherever possible.o Racks should not interfere with pedestrian circulation, while providing convenient access.e Consider incorporating racks into other site features, for example, the guardrail at Ferry plaza. r consider how the rack will appear during both periods ofuse and non-use. o Ensure that the rack provides stability for bicycles, for example, during high winds.r Ensure that the rack provides for proper locking, including the popular use of rigid U-shaped barlocks that require both wheels of the bicycle and the bottom bracket to be close io the lockineportion of the rack. :: Double Sided Campus Rack N .ll -\ .E" trt tt ,ti t, ,ra tt(Gt fl !i Single Sided Campus Rack Bicycle Rack Manufacturer: Model No: WxHxD: Material: Golor/Finish: Derovations, Inc. 1429 Vashington Ave. So. Minneapolis, MN 55454 www.dero.com Campus Rack Single 21w; Double 33w Steel Semi-gloss Black/ Powdercoat Streetlights Streetlight design should be compatible with the Downtown district in which it is located.Factors to consider should include the character and history of the district, the potential for light pollution and glare, and maintenance needs. Main Street's Victorian-style streetlight fixtures, while not historically connected to actual development along Main Street, have been in place for decades, contribute to itscharm, and should be retained. Many of the fixtures are attached directly to buildings. Due to the physical characteristics of Main Street, the relatively unshielded street lights do not pose significant glare or light-pollution problems. 457mmStreetlight Luminaire Manufacturer: HolophaneCorporadon Model No: WxHxD: Material: Golor/Finieh: Notes: 214 OakwoodAve. Newark, O}{43055 740-793-963r www.holophane.com Dorchester l8dia42h CastAluminum Black Recently instdled dCIign. Specfication intended only for damage replacement purposes, not for full-scale replacement. Streetlight Pole and Bracket Manufacturer: Holophane Corporation 214 OakwoodAve. Newark, OH43055 740-793-963r wwwholophane.com Model No: Charlesron Pole with Albany double cross-arm bracket WxHxD: Material: 16 ft. rypical Pole Height Cast Aluminum Golor/Finish: Blackpowdercoat Notes: Recently installed design. Specification intended only for damage replacement purposes, not for full-scale 10 Ark Row streetlights (commercial side of the street) are a mixture of historic-looking fixtures and poles that conhibute to the eclectic charm of this District, and should be retained. II Tiburon Boulevard development is more contemporary and is not steeped in history asare the Main Street and Ark Row districts. Wooden streetlight poles installed in the mid-1980's suffered damage from the high water table and needed replacement after less than15 years. The recently-installed Victorian-style streetlights and metal poles were anattempt to extend the success of such lights on Main Street, but have resulted inunintended impacts from glare and light pollution and have also met with architecturalcriticism. The Victorian-style streetlights on Tiburon Boulevard should be limited in thefuture to replacing individual fixtures when damaged. Large-scale or full-scalereplacement should incorporate a more contemporary and compatible design withoutglare problems. Streetlight Luminaire Manufacturer:Holophane Corporation 214 OakwoodAve. Newark, OH43055 740-793-963r www.holophane.com Prague Series 29.5dia,,8.88h Aluminum Black Includes a prismatic glass refractor Model No: WxHxD: Material: Golor/Finleh: Notes: Streetlight Pole and Bracket Manufacturer: Holophane Corporation 214 Oakrn'oodAve. Newarh OH 43055 740-793-963r www.holophane.com Model No: Colorado Post, Stutrgart fum WxHxD: Material: Pole 5dia14.5ft.h Aluminum Color/Finish: Black Notes: Available with single or double arm brackets I 20"r L- I t2 --t F 12"octagonal Parking Lot Lighting Parking lot lights for properties along Tiburon Boulevard should also incorporate a contemporary but understated design compatible with the more modern development in this District. Such fixtures exist in the Town HalVlibrary parking lot and in private parking lots along Tiburon Boulevard. As with streetlights, minimization of glare and light pollution are paramount interests once sufficient safety lighting is achieved. t3 Bollards Lighted bollards should be compatible in style, color and materials with their immediate surroundings. In Downtown, the main issues for lighted bollards are avoiding glare and light pollution while providing sufficient safety lighting for pedestrians. Shielded or concealed light sources are imperative on all lighted bollards. Unlighted bollards serye a different function, usually demarcation or ceremonial separation, and the emphasis should be on color, material, and design compatibility such that these structures may serve their intended purpose in an effective but unobtrusive manner. Miscellaneous Furniture and Equipment Public drinking fountains are not common in Downtown due to the ready availability of food and drink at commercial establishments. If installed, public drinking fountains should be of accessible design (for ADA compliance) and should complement nearby street furniture, such as benches or trash receptacles. Sturdy, low-maintenance, tamper- resistant fountains are recommended. DRINKING FOUNTAIN Manufacturel: Haws Corporation Sparla, NV 888-640-4297 www.hawsco.com Model No: WxHxD: Material: Golor/Finish: Notes: 3511 29.4w38.6h14d Cast Aluminum Semi-gloss Black/ Powdercoat Accessible design and traditional character t4 Tree guards, trench drain inlet covers, area drain inlet covers, manhole covers, and similar equipment should purposely be kept simple and functional so as not to distract from the general streetscape. High quality materials such as cast iron are strongly recommended. 1REE GUARD SHIPSIN TWO PIECES. & BOLIS TOGETHER W/(4xt 1/4^ 6 SUTTON-HEAD TAMPER-RESISTANT SCREWS Qx, t/a" x1 r/2" r.8. HOOPS (BX) 3//4" SO. BAR Qx) 1/a" x 2" F.B. LEGS Qn 1/a' x 2" r 2" 1. FEFT Yt/ i/4"o BJTToN-HLADI AMFER-RESISTANT scREws (+x) TREE GRATE(4X) BOLTS -O TREE GRAIE w/ 1/4"e BUTTON-HEAITAMPER*RESIS-ANT SCREWS 'o TBEE GUARD Manufacturer: Urban Accessories Model No: WxHxD: Material: 'Woodinville, \7A 425-487-0488 www.urbanaccessories.com MVTfee Guard 14dia60h Cast Iron Color/Finish: Semi-glossBlack/ Powdercoat Notes: TREE GRATE Manufacturer: Urban Accessories Model No: WxHxD: Material: '\U7'oodinville, \7A 425-487-0488 www. urbanaccessories.com Fan Thee Grate with Frame 48w 48d, Cast Iron Golor/Finish: Unfinished Notes: Frame types varywith installation conditions Used at Tiburon Ferry Plaza l5 Treneh Drain lnlet Gover Manufacturer:Urban Accessories'Woodinville, I7A 425-487-0488 www. urbanaccessories. com RC 6 to 18 inch length Cast Iron Unfinished Model No: WxHxD: Material: Color/Finish: Area Drain Inlet Gover Manufacturer: Urban Accessories'\ilfloodinville, WA 425-487-0488 www. urbanaccessories.com Model No: Square Standard ADA WxHxD: 12 to 36 square Material: Cast Iron Golor/Finish: Unfinished t6 SECTION TWO PRIVATE AREA FURIIITURE Outdoor furniture for private areas should be selected for its compatibility with the proposed use and to complement the architectural character of its surroundings. The Town's desire is for high-quality furniture, while taking into account issues such as comfort, durability, resistance to theft/vandalism, maintenance needs, and portability (if desired). Resin furniture, and other forms of plastic furniture, is generally discouraged. Chairs and Tables Outdoor furniture along Main Street should be simple and understated to remain secondary to the building facades, storefronts and overall setting for which Main Street is valued. Ark Row outdoor furniture may exhibit a more playful and colorful spirit characteristic of this District, or may reflect a more residential feeling as appropriate to the specific location. Tiburon Boulevard outdoor furniture may reflect a more modern, contemporary look in keeping with the relatively recent development of this District, and with projected future development. Metal furniture is a more realistic option than wooden furniture throughout Downtown Tiburon. METAT GI.IAIR" MOT'EB]U Manrufaeturen: Landscape Forms Modefi h{o: WxHxD: Kalamazoo, MI 800-52r-2546 www. landcapefo rms. com \Grona Chair without armrests 20w25d Material: Steel Golor/Finaish: Various/powdercoat t7 6.. i .'.:::) I, rl+,s METAL CHAIR" MODERIU Manufacturer: D\7R San Francisco 4t5-837-3940 www.dwr.com llClodel hlo: Aero Chair Wx!{xD: 17.5w,35h,18d lUlateriafl: Steel Color/Ftmish: Silver Grav/Powdercoated METALTABLE" II'IODERN Manufactursr:D\rR San Francisco 415-837-3940 wwwdwr.com Inox Table 28h, various round or rectangular shapes Steel top and base, aluminum feet Top is polished stainless steel Model No: WxHxD: Material: Golor/Finish: 18 METAT CN{AIR" MODENTU Mansufacturer: Amat-3, available from The Magazine Mode$ lUo: WxFlxE: lMaterfia$: Berkeley, CA 5 | 0-5 49 -2212 Toledo 2l.5w30h2rd Frame: Polished anodized aluminum. Seat, armrest and back Cast, polished anodized aluminum. METALTABLE" MODERIU Manufacturer: Amar-3, available from fll/lodel l\lo: WxFflxD: fi/laterial: hlotes: The Magazine Berkele;r CA 5 1 0 -5 49 -221 2 Toledo 27.5dia28h Polished anodized cast aluminum. Also available with colored epory-polyester coating on seat and back. l9 f'\llI II 'f \'1 ,'i r&- elw I ;t f \\'rPi,l l qn a3 II .': {'llrI I DrrryI z- {\ll 6 ,.1 I F... ,,i I *&*ta* l .' .{r1 I F-j{ r "dqfnP w*l '.**\'*'1 :,f \ll I METAI. CFIAIR" MODEMN illarnufaeturen: Amat-3, available from The Magazine Berkeley, CA 5 | 0 -5 49 -22I 2 ftflodel fttro: Splash WxHxD: 22w31h2Id, Materfia0: Frame: Polished anodized aluminum. Seat and back: Polypropylene. Goflor/F6mfish: Seat and back available in 14 colors. METAL G}IAIR, MODERIU Manufaeturer:Amat-3, available from The Magazine Berkeley, CA 5 | 0-5 49 -22I 2 Amsterdam 21w28h22d, Frame: Polished anodized aluminum. Seat and back: Anodized aluminum. Also available with epoxy- polyester coating on seat and back in 10 colors. frfiodel IUo: WxHxE: llfiaterEa!: hlotes: 2l Benches Combination wood/metal benches are encouraged for busy, high-volume and water- oriented areas, while all-wood benches may be more appropriate in quieter or sheltered settings. BETUG}I lUlamufactstrer: Model hlo: WxN{xD: lVlaeeniae : Golor/Fdnish: fiflotes; Landscape Forms Kalamazoo, MI 800-521-2546 www. landcapeforms. com Plainwell Bench, 6 foot 72w 32h25d Epe wood Aluminum frame 'Wood: Unfinished Metal: Black/Powdercoar Anchor per manufacturert details Used at Tiburon Ferry Plaza WOOD BENCI.I" TBADITIONAI Manufaeturer: Smith & Hawken Model NUo: WxHxD: Material: Teak GolorlFinish; Naturd Novato, CA 800-423-0r17 www.SmithandFlav&enTiade.com Gloucester 50or72w,39h,2Id 22 AGKNOWLEDGEMENTS Downtown Design Guidelines Steering Committee Andrew Thompson, Town Council Miles Berger, Town Council Kirk Beales, Design Review Board Donna Kline, Heritage & Arts Commission Steve Sears, Chamber of Commerce Ex Officioz Scott Anderson, Director of Communiry Development Consultants James Mclane 6c Associates Architecture, Planning, Preservation Stephen'J(heeler, Landscape Architects Landscape Architecture CREDITS Site Furnishings Supplement Design & Production James Mclane & Associates Photographs Site fi.unishing photographs were excerpted from manufacturer's catalogs and websites Photographs of town scenes byJames Mclane EXHIBIT 3 March 8, 2023 Quote Number: Q41667-1 SB / SB v2023Jan5 150 A St., Suite 103 ▪ Needham, MA 02494 www.bigbelly.com T: 888-820-0300 ▪ F: 781-444-5651 Prices valid for 60 days from above date. BIGBELLY SYSTEM QUOTATION Prepared By: Bill To: Ship To: Stu Badertscher Bigbelly Solar Town of Tiburon Town of Tiburon 150 A St, Ste 103 1505 Tiburon Boulevard Needham, MA 02494 Tiburon, CA 94920 , 617.340.6392 sbadertscher@bigbelly.com This order includes the following items: QTY ITEM EXTENDED PRICE 3 SC5.5/SC5.5/SC5.5 Basic Triple Station with Hoppers, Foot Pedals, Message Panels, Bar-Style Lift Bins, and Five Year Warranty $18,222.78 2 SC5.5/SC5.5 Basic Double Station with Hoppers, Foot Pedals, Message Panels, Bar-Style Lift Bins, and Five Year Warranty $8,303.12 Station pricing includes 2.5% volume discount based on quantity 13 components Shipping & Handling (one time): Estimated 8.25% Sales Tax (one time): $3,585.00 $2,188.39 Purchase Option Total System Cost: $32,299.29 USD Sincerely, Stu Badertscher Bigbelly Solar, LLC Wire Transfer Info: Middlesex Savings Bank. ▪ Acct Name: Big Belly Solar LLC ▪ Account # 166849558 ▪ Routing # 2113712270 ▪ Int’l Swift # MDSXUS3N All Purchase Orders must reference the above Quote Number (upper right). This Quotation is subject to the attached Terms and Conditions of Sale, which are attached hereto and incorporated herein, and expressly acknowledged and accepted by Customer as signified by the duly authorized signature below. ACCEPTED AND AGREED BY: CUSTOMER By: ____________________________________________ Print Name: _____________________________________ Title: ___________________________________________ Date: ___________________________________________ March 8, 2023 Quote Number: Q41667-1 SB / SB v2023Jan5 150 A St., Suite 103 ▪ Needham, MA 02494 www.bigbelly.com T: 888-820-0300 ▪ F: 781-444-5651 TERMS AND CONDITIONS OF SALE Version 9.24.2018 The following Terms and Conditions of Sale (“Agreement”) are applicable to any order placed by Customer pursuant to a valid Bigbelly Quotation (“Quotation”) that is accepted by Bigbelly (“Order”). Acceptance by Customer of this Agreement, which shall be signified by Customer’s duly authorized signature on the face hereof, shall be required for Bigbelly’s acceptance of an Order. 1. SCOPE OF AGREEMENT. Bigbelly, upon acceptance of an Order placed by Customer, will supply the products to be delivered (“Products”) and services to be performed (“Services”) as specified in the Quotation to Customer, pursuant to this Agreement and its attachments. Bigbelly’s acceptance of an Order is expressly limited to the terms and conditions of this Agreement notwithstanding any contrary provision contained in Customer’s purchase orders, acknowledgements or other documents. The details of the Products and Services (e.g. quantity, price, and product specifications) shall be set forth in the relevant Quotation. 2. ON-SITE SERVICES. In the event any on-site services (such as installation, warranty repairs) are required as part of the Products and Services, the additional terms set forth in Attachment A attached hereto shall also apply. 3. PRICE AND PAYMENT. (a) The prices payable by Customer for the Products and Services by Bigbelly under this Agreement will be specified in the applicable Quotation. Unless otherwise expressly stated in a Quotation, all prices exclude shipping and applicable taxes, all of which are at Customer’s expense. (b) Fees shall become payable upon Bigbelly’s acceptance of an Order, unless otherwise determined by Bigbelly and agreed to in writing. All late payments made outside of the agreed upon payment terms will be subject to interest at the rate of the lesser of (i) eighteen percent (18%) per annum or (ii) the highest amount allowed under applicable law. Where upfront payment is required, Bigbelly further reserves the right to withhold shipment of the Products and delay performance of the Services until full payment is made. Any failure by Bigbelly to provide an invoice in a timely manner shall not affect Customer’s obligation to make payments. (c) Upon reasonable request by Bigbelly, Customer shall provide evidence of its financial capacity and such other information as Bigbelly reasonably requests to determine credit status or credits limits. (d) Customer shall provide notice within five (5) business days of the occurrence of any event which materially affects Customer’s ability to perform its obligations under this Agreement. 4. SHIPPING AND DELIVERY. Unless otherwise specified and agreed in an Order, Products and Services will be delivered FOB Origin (Bigbelly’s manufacturing facility) and will be shipped to Customer at the address provided via carriers selected by Bigbelly at the Customer’s expense. The Parties shall mutually agree on any applicable delivery requirements for all Products and Services specified on an applicable Quotation before such Order will be processed. If no delivery requirements are otherwise specified and agreed, Bigbelly shall process any Order upon receipt of the signed Agreement and Customer’s fulfillment of any other order processing requirements set forth by Bigbelly in its sole discretion. 5. INSPECTION AND ACCEPTANCE. Customer shall promptly inspect the Products and Services upon delivery or completion. In the event Products or Services are received damaged, defective or not to specification, Customer shall provide Bigbelly with prompt notice of the alleged deficiencies in the Products or performance of Services under the Quotation or this Agreement and Bigbelly shall have a reasonable opportunity to cure any such alleged non-conformance. 6. SOFTWARE LICENSE. Customer’s use of the software provided as a Product and Service (“Software”) is subject to the CLEAN Software License Agreement that accompanies delivery of the Software. All applicable terms, provisions and agreements set forth in the CLEAN Software License Agreement are hereby incorporated herein by reference with the same force and effect as though fully set forth herein. To the extent that the terms set forth in this Agreement are inconsistent with the terms of the CLEAN Software License Agreement, the terms set forth herein shall apply. 7. WARRANTY. Bigbelly warrants the Products and Services provided pursuant to a Quotation and this Agreement against manufacturer defects or defects in workmanship, under normal use and service, subject to the exclusions, limitations and conditions set forth in the Bigbelly Standard Limited Warranty. 8. BREACH. In addition to all other rights to which a party is entitled under this Agreement, if either party breaches any term of the Quotation or this Agreement, the non-breaching party shall have the right to: (a) terminate the Quotation immediately upon written notice to the other party; and (b) seek to obtain injunctive relief to prevent such breach or to otherwise enforce the terms of this Agreement. Failure to properly demand compliance or performance of any term of the Quotation or this Agreement shall not constitute a waiver of Bigbelly’s rights hereunder and prior to any claim for damages being made for non-conformance or breach, Customer shall provide Bigbelly with prompt notice of any alleged deficiencies in the Products or performance of Services under the Quotation or this Agreement and Bigbelly shall have a reasonable opportunity to cure any such alleged non-conformance or breach. 9. LIMITATIAON OF LIABILITY. IN NO EVENT SHALL BIGBELLY BE LIABLE HEREUNDER FOR INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY FOR SUCH DAMAGES. BIGBELLY’S MAXIMUM AGGREGATE LIABILITY FOR DAMAGES UNDER THIS AGREEMENT AND ANY QUOTATION SHALL BE LIMITED TO THE TOTAL FEES PAID BY CUSTOMER UNDER THE QUOTATION UPON WHICH A CLAIM IS BASED. 10. INDEMNIFICATION. Each party, as Indemnitor, shall indemnify, defend and hold harmless the other party, as Indemnitee, its officers, directors, employees, agents, subsidiaries, and other affiliates from and against any and all claims, damages, liabilities, and expenses (including attorney fees) arising from any third-party claim based on Indemnitor’s (or its agent’s) breach of any representation, warranty, covenant, agreement, or obligation under the Quotation or this Agreement, or Indemnitor’s (or its agent’s) grossly negligent and/or willful acts or omissions in carrying out its obligations under the Quotation or the Agreement; provided that in no event shall Bigbelly be responsible for any claims arising out of its compliance with instructions, requirements, or specifications provided by or required by Customer (including the use of information, artwork, logos, and/or trademarks provided by Customer). Neither party will be responsible for indemnifying another party hereto where the basis of the indemnity claim arises out of such other party’s own negligence or willful misconduct. 11. CUSTOMER MATERIALS AND DATA. (a) Customer represents and warrants that any matter it furnishes for the Products or performance of the Services by Bigbelly does not infringe any copyright or trademark or other intellectual property rights of any third party nor does it otherwise violate any laws or infringe the rights of any third party. (b) Customer warrants that it has the right to use, and to have Bigbelly use on behalf of Customer, any data provided to Bigbelly by Customer, including specifically customer names, identifying information, addresses and other contact information and related personal information. 12. INTELLECTUAL PROPERTY. Any and all inventions, discoveries, patents, copyrights, trademarks and trade names, commercial symbols, trade secrets, know-how, work product and information or other intellectual property embodying proprietary data existing and owned by Bigbelly as of the date of the Quotation, or made or conceived by employees, consultants, representatives or agents of Bigbelly during the term of this Agreement, shall be and remain at all times the sole and exclusive property of Bigbelly. Customer will obtain no rights thereto other than the limited rights set forth in this Agreement. Without limiting the generality of the foregoing, the parties agree that Bigbelly will own all Software, including all modifications, upgrades and enhancements thereto made during the term of this Agreement. 13. FORCE MAJEURE. Any delay or failure of either party to perform its obligations (other than Customer’s payment obligation) shall be excused if such failure is caused by an extraordinary event or occurrence beyond the control of the nonperforming party, such as acts of God, fires, floods, windstorms, explosions, natural disasters, wars and sabotage. Each party shall promptly notify the other of the reason for the delay and use its best efforts in curing such cause and shall take all action practicable to minimize the adverse impact of the delay on the other party. 14. GOVERNING LAW. Each Quotation and this Agreement shall be governed and construed and enforced in accordance with the laws of the Commonwealth of Massachusetts, without reference to its conflicts of law principles. The Parties further agree (i) that any dispute, controversy or claim arising out of or related to this Agreement shall be brought and settled in the state or federal courts located in Boston, Massachusetts; (ii) to irrevocably submit to the exclusive jurisdiction of any such court; and (iii) to waive any right to a jury trial in any litigation arising out of or related to this Agreement. 15. COMPLIANCE. Each party shall comply with all state, federal and local laws and regulations applicable to its performance hereunder. 16. ASSIGNMENT. Customer may not assign its rights or obligations under this Agreement without the prior written consent of Bigbelly. Pursuant to a valid assignment, the terms and conditions of this Agreement shall inure to the benefit of and be binding upon the respective successors and assigns of the Parties. 17. AMENDMENT AND WAIVER. This Agreement shall not be amended or modified in any way except by a subsequent written agreement signed by authorized persons of both Parties. Any amendment or waiver effected in accordance with this section shall be binding upon the Parties and their respective successors and assigns. The waiver by a Party of any breach by the other Party will not operate or be interpreted as a waiver of any other or subsequent breach, nor shall the failure or delay in exercising any right or seeking any remedy hereunder operate as a waiver thereof. 18. SEVERABILITY. If any provision of this Agreement is determined by any court of competent jurisdiction to be invalid or unenforceable, in whole or in part, such provision shall be interpreted to the maximum extent to which it is valid and enforceable, and the remaining provisions of this Agreement shall continue in full force and effect and not be affected thereby. 19. SURVIVAL. In the event any provision of the Quotation or this Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of the Order or this Agreement will remain in full force and effect. All sections herein relating to payment, ownership, confidentiality, indemnification and duties of defense, representations and warranties, waiver, waiver of jury trial and provisions which by their terms extend beyond the Term shall survive the termination of the Order and this Agreement. 20. NOTICE. Any notice required to be delivered pursuant to this Agreement shall be deemed given when personally delivered to recipient thereof or mailed by registered mail or certified mail, return receipt requested, to the addresses on the Quotation or to such address as either party may designate in the future. March 8, 2023 Quote Number: Q41667-1 SB / SB v2023Jan5 150 A St., Suite 103 ▪ Needham, MA 02494 www.bigbelly.com T: 888-820-0300 ▪ F: 781-444-5651 21. ENTIRE AGREEMENT. Each Quotation, together with this Agreement including the Attachments, constitute the entire agreement between the Parties regarding the subject matter hereof and merges and supersede all prior agreements, oral and written, understandings, commitments and writings. Any Order, purchase order or other ordering or acceptance document issued by Customer is for administrative purposes only and does not form part of this Agreement or amend the terms hereof. In the event of any ambiguity or conflict between any of the terms and conditions contained in this Agreement and the terms and conditions contained in an Order, the terms and conditions of this Agreement shall control. The Quotation or this Agreement may not be amended, supplemented, changed, or modified, except by agreement in writing signed by the parties to be bound thereby. 22. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed an original and together shall constitute one instrument. ATTACHMENT A ADDITIONAL TERMS FOR ON-SITE SERVICES In the event Bigbelly or its authorized service provides must come on-site to Customer’s property in order to perform certain services as part of the Products or Services, the Parties agree that the following terms and conditions shall also apply, as applicable. For purposes of this Attachment A, the ‘Agreement’ shall mean the Terms and Conditions of Sale executed between the Parties to which this Attachment A is affixed. The meaning of capitalized and undefined terms appearing herein shall be as set forth in the Agreement unless otherwise indicated. In the event of a conflict between this Attachment A and the Agreement, the terms and conditions of this Attachment A shall prevail solely with respect to the subject matter herein. The terms and conditions of this Attachment A are hereby incorporated into the Agreement by reference. 1. INFORMATION AND ACCESS. Customer agrees that Bigbelly’s ability perform the Services under the Agreement in a timely manner is dependent upon access to Customer’s installation information and locations. Deadlines imposed by the Agreement shall be extended in the event that Customer fails to provide such information and/or access to Bigbelly in a timely manner. 2. SITE PREPARATION. Customer agrees to provide a poured concrete pad if the intended installation surface does not meet Bigbelly’s specifications. If Customer’s installation surface does not meet such specifications, any additional cost associated with Bigbelly’s efforts to properly prepare the surface will be at Customer’s expense. It is the Customer’s responsibility to remove, at Customer’s expense, existing bins or any other items from the locations where Bigbelly stations will be installed. 3. INSTALLATION. Bigbelly will install the equipment at mutually agreed upon locations, including semi-permanent attachment to the ground. Installation will be in accordance with the delivery and installation schedule agreed to by the Parties prior to commencement of the Services. 4. INSURANCE. Bigbelly shall maintain, during its performance of the Services provided hereunder, liability insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services hereunder by Bigbelly. Bigbelly shall furnish copies of such insurance policies upon request. EXHIBIT 4 Attachment A FY 22/23 Zero Waste Reimbursement Guidelines Waste\JPA\ZW Marin Grant Program\Cycle 12 FY 22-23 Page 1 of 5 Introduction The Marin County Hazardous & Solid Waste Management Joint Powers Authority (JPA) administers the Zero Waste Reimbursement Program. The following procedures and requirements describe project and reporting requirements, report due dates, report contents, reimbursement payment conditions, eligible and ineligible project costs, project completion and closeout procedures, records and audit requirements. Reimbursement Program The JPA is offering reimbursements to Member Agencies and Special Districts in Marin that franchise solid waste collection. The intent of this program is to facilitate State compliance with various waste reduction laws and regulations and support projects that move Marin’s communities towards Zero Waste. Following is a non-exhaustive list of example eligible projects:. • Compliance with mandatory state commercial recycling and composting laws • Support of food donation • Zero Waste resolution • ‘Recycle Right” education and outreach • Multifamily outreach and support • Support of food waste prevention education • Town or city-wide garage sale/materials swap • Contract assistance for event greening (recycling and composting at local events) • Purchase easily-portable event recycling and compost containers and accessories for the public for local events • Adding public recycling receptacles • Waste audits • Local composting classes • Zero Waste case studies • Mini-grant/reimbursement program to environmental, educational or community groups Zero Waste activities Waste\JPA\ZW Marin Grant Program\Cycle 12 FY 22-23 Page 2 of 5 FY 2022/23 Funds Available Table 1 documents the 2022/23 available funds by Member Agency for cities, towns an special districts as part of the newly instated Zero Waste Reimbursement Program. Table 1 Member Agency Hauler Allocated Almonte Sanitary District Mill Valley Refuse Service $14,628 Alto Sanitary District Mill Valley Refuse Service $14,628 Belvedere Mill Valley Refuse Service $26,895 Bolinas CPUD Recology Sonoma Marin $14,628 Corte Madera Mill Valley Refuse Service $32,069 County of Marin* BCR, MSS, MVRS, RSM $70,362 Fairfax Marin Sanitary Service $28,835 Homestead Valley Sanitary District Mill Valley Refuse Service $14,628 Larkspur Marin Sanitary Service $34,835 Las Gallinas Valley Sanitary District Marin Sanitary Service $14,628 Marin City CSD Bay Cities Refuse $14,628 Mill Valley Mill Valley Refuse Service $37,845 Novato Sanitary District Recology Sonoma Marin $87,593 Ross Marin Sanitary Service $27,509 San Anselmo Marin Sanitary Service $35,468 San Rafael Marin Sanitary Service $94,659 Sausalito Bay Cities Refuse $28,652 Stinson Beach Water District Recology Sonoma Marin $14,628 Strawberry Recreation District Mill Valley Refuse Service $14,628 Tamalpais CSD Municipal $14,628 Tiburon Mill Valley Refuse Service $31,337 Total $667,708 *subject to increase if any Special District does not request funding. Waste\JPA\ZW Marin Grant Program\Cycle 12 FY 22-23 Page 3 of 5 Reimbursement Procedures Funds for eligible projects will be made available, on a reimbursement basis, in May of 2023 for activities conducted between August 2, 2022, and May 2, 2023. The maximum available funding to your Agency is listed in Table 1. To apply for reimbursement of eligible activities, fill out the Zero Waste Reimbursement Request Form and submit to the JPA Reimbursement Manager no later than May 20, 2023. The JPA Board will review and authorize payments at its expected May 25, 2023, Board Meeting and checks will be issued by June 30, 2023. A sample Final Report can be found on the JPA website: https://zerowastemarin.org/who-we- are/zero-waste-reimbursement-program-for-member-agencies/ Milestones • August 2, 2022 - Cycle awarded / reimbursement term begins • May 2, 2023 - Reimbursement term ends • May 20, 2023 – Zero Waste Reimbursement Request Form Due • June 30, 2023 – Reimbursement checks created for distribution Communication All communication regarding this reimbursement shall be directed to the JPA Reimbursement Manager. Submit questions and Reimbursement Request forms electronically to compliance@zerowastemarin.org or send written correspondence to: JPA Reimbursement Manager c/o Zero Waste Marin 1600 Los Gamos Drive, Suite 210 San Rafael, CA 94903 Eligible Costs Eligible costs include those outlined in the Reimbursement Program section of this document. Costs for materials, supplies, equipment, facilities, must be directly related to support the Zero Waste goal and should be reasonable, and focused on local needs. Ineligible Costs Any costs not directly related to those outlined in the Eligible Costs section of this document are ineligible for funding use. This can include but is not limited to: • Costs associated with franchise negotiation not related to diversion activities such as street sweeping, normal rate setting and rate application evaluation expenses, and normal franchise administration costs • Litigation • In-kind services Waste\JPA\ZW Marin Grant Program\Cycle 12 FY 22-23 Page 4 of 5 • Expenses not reasonably related to State of California compliance or Zero Waste diversion projects Questions regarding ineligible costs can be directed to the JPA Reimbursement Manager. Compliance Reimbursement Recipients shall comply fully with all terms of the Zero Waste Reimbursement Program. The JPA Executive Director, as the Administrator of the Program, has the final say in all reimbursement related matters and has all oversight and administrative authority. Recycled Content Requirements When available and not cost prohibitive, all products that are purchased with reimbursement funds must contain post-consumer recycled-content material. All documents submitted to the JPA must be printed on double-sided 30% post-consumer recycled content paper. Specific pages containing full-color photographs or other ink intensive graphics may be printed on photographic paper. Audit / Records Access The Reimbursement Recipient agrees that the JPA or their designated representative shall have the right to review and to copy any records or supporting documentation pertaining to the performance of this Agreement. Reimbursement Recipient agrees to maintain such records for possible audit for a minimum of 3 years from the date the reimbursement term ends. Copyright Information Any copyrightable materials produced with reimbursement funds become the property of the JPA and the Reimbursement Recipient. Questions regarding copyright materials can be directed towards the JPA Reimbursement Manager. Examples of copyrightable material included, but are not limited to: * visual materials * social media posts * brochures, pamphlets, and reproductions of advertisements designed for distribution The following language must appear on any copyrightable material produced via this Program: © {Year of Creation} ZeroWasteMarin. All rights reserved. This publication, or parts thereof, may not be reproduced without the permission of the ZWM. Use of the initials “ZWM” in conjunction with “Zero Waste Marin” is sufficient when space is limited. Reimbursement Request Form A completed Reimbursement Request Form is required to be submitted by the Reimbursement Recipient to the JPA at the end of the reimbursement term. The report will identify activity during the term of the reimbursement and summarize all activity conducted in the performance and Waste\JPA\ZW Marin Grant Program\Cycle 12 FY 22-23 Page 5 of 5 fund use of the reimbursement. Copies of adopted documents (Ordinances, Resolutions, etc.) will be included in the report. Copies of reports, product purchases and other evidence of reimbursement expenditures including photos that document programs or activities or items purchased using reimbursement funds shall be included with the Reimbursement Request Form. The Reimbursement Request Form can be found on the JPA website. A failure to submit the Reimbursement Request Form by close of the reimbursement term will be reported to the JPA Board of Directors or Executive Committee and may affect the availability of future funding. Tiburon Town Council March 15, 2023 AI-1: Painted Bins Late Mail Requests for Copies: Lea Dilena, ldilena@townoftiburon.org From:Marjan Sobhani To:Town Cc:Stephani Caldwell Subject:Painted Bins Date:Monday, March 13, 2023 11:28:56 AM Some people who received this message don't often get email from msobhani@reedschools.org. Learn why this isimportant CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Members of the Tiburon Town Council, We are excited to write to you in support of Painted Bins. Students at Bel Aire Elementary are abuzz with excitement about this opportunity to express their earnest concern for the environment. They are wholeheartedly working on posters for the project. Students can be found working on their posters at any opportunity, including choice time, recess, and after school. The project has sparked their imaginations, andmany students from each grade level have already submitted creative designs, carefully completed during their free time. We believe that the final products will beautify and inspire the community. Respectfully, Marjan Sobhani and Stephani Caldwell Marjan Sobhani4th Grade TeacherBel Aire School277 Karen WayTiburon CA 94920msobhani@reedschools.org "Don't join the book burners. Don't think you are going to conceal thoughts by concealing evidence that they ever existed." - Dwight D. Eisenhower, June 14, 1953 BEL AIRE ELEMENTARY SCHOOL 277 Karen Way Tiburon, California 94920 jdicosmo@reedschools.org http://belaire.reedschools.org 415-388-7100 March 13, 2023 Dear Members of the Tiburon Town Council, I am writing in support of the Painted Bins project that is presented for your approval. When Bel Aire School students learned their drawings could be depicted on the bins in the Belvedere Community Park, they were thrilled and inspired. Parents, teachers, and students have all responded positively to our participation in the project. Bel Aire students have been hard at work creating artwork that may grace the bins. Since launching, the project has been beneficial in helping students feel seen and valued by the adults in the community, as well as motivating them to create art! Student artwork submissions depict everything from the importance of composting to native species to the R’s (reduce, reuse, recycle). I hope you will consider approving the Painted Bins so that students may continue to see themselves represented in our community spaces. Sincerely, John DiCosmo Principal Bel Aire Elementary School From:DeAnn Biss To:Lea Dilena Subject:Fwd: Your Support - Painted Bins Date:Wednesday, March 15, 2023 11:58:05 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. ---------- Forwarded message ---------From: paulino monterroso <kkmonterroso@yahoo.com>Date: Wed, Mar 15, 2023 at 9:51 AMSubject: Re: Your Support - Painted BinsTo: DeAnn Biss <deannbiss.tiburonchamber@gmail.com> Hi, DeAnn here at Salt and Pepper we support the project.I wish you good luck tonightBets Paul Monterroso salt & pepper415-572-7962http://www.saltandpeppertiburon.com On Wednesday, March 15, 2023 at 07:59:33 AM PDT, DeAnn Biss <deannbiss.tiburonchamber@gmail.com> wrote: Good Morning Lower Main Street Businesses, I am excited to share with you awonderful project that brings together children's art and common sense trashsolutions - including 3 bin solutions for trash, compost and recycling. The Painted Bin Project will go before our Tiburon Town Council tonight and we are recommending the pilot bins be located downtown at key locations including Fountain Plaza and by the wayfinding sign next to Caffe Acri. Attached is a photo of the bins including the childrens art. The project works as follows: Bel Aire and Reed Schools ask their students to draw art about the importance of composting & responsible trash disposalAn art show will select the artwork to be displayed on the bins (art will be changed out annually)New bins are "right size" receptacles relevant to present day trash needs including 2 and 3 bin stations for sorting compost, trash and recycling. We have support from our local schools, Mill Valley Refuse, The Library and our local Rotaries. This same project has been approved by the Belvedere City Council and is currently being rolled out by the Town of Corte Madera. I am reaching out to see if you would lend your support as well. We will work closely with our downtown businesses to thoughtfully place the bins in appropriate locations. Simply reply to this email or feel free to email the Town Council at town@townoftiburon.org. Thank you. Regards, DeAnn -- DeAnn Biss (she/her)Executive Director | Tiburon Peninsula Chamber of Commerce 46 B Main Street, Tiburon, CA 94920 deannbiss.tiburonchamber@gmail.com | tiburonchamber.org IG: @tiburonchamber -- DeAnn Biss (she/her) Executive Director | Tiburon Peninsula Chamber of Commerce 46 B Main Street, Tiburon, CA 94920 deannbiss.tiburonchamber@gmail.com | tiburonchamber.org IG: @tiburonchamber From:DeAnn Biss To:Lea Dilena Subject:Fwd: Your Support - Painted Bins Date:Wednesday, March 15, 2023 11:58:43 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. ---------- Forwarded message ---------From: Crystal <crystallunablu@gmail.com>Date: Wed, Mar 15, 2023 at 8:21 AMSubject: Re: Your Support - Painted BinsTo: DeAnn Biss <deannbiss.tiburonchamber@gmail.com>Cc: <crystal@tiburontavern.com> Dear DeAnn, Thank you for sharing the project details of the painted bins on lower Main Street. We thinkthis is an ideal scenario to bring the artwork from local children to the downtown area. It willbe helpful to have more receptacles in town. The current ones do get very full when the townis busy with visitors. Please forward our support to the town council. Best wishes, Crystal & Renzo AzzarelloLuna Blu35 Main St On Mar 15, 2023, at 7:59 AM, DeAnn Biss<deannbiss.tiburonchamber@gmail.com> wrote: Good Morning Lower Main Street Businesses, I am excited toshare with you a wonderful project that brings togetherchildren's art and common sense trash solutions - including 3 bin solutions for trash, compost and recycling. The Painted Bin Project will go before our Tiburon Town Council tonight and we are recommending the pilot bins be located downtown at keylocations including Fountain Plaza and by the wayfinding sign next to Caffe Acri. Attached is a photo of the bins including the childrens art. Theproject works as follows: Bel Aire and Reed Schools ask their students to draw art about the importance of composting & responsible trash disposalAn art show will select the artwork to be displayed on the bins (art will be changed out annually) New bins are "right size" receptacles relevant to present day trash needs including 2 and 3 bin stations for sortingcompost, trash and recycling. We have support from our local schools, Mill Valley Refuse, The Library and our local Rotaries. This same project has beenapproved by the Belvedere City Council and is currently being rolled out by the Town of Corte Madera. I am reaching out to see if you would lend your support aswell. We will work closely with our downtown businesses to thoughtfully place the bins in appropriate locations. Simply reply to this email or feel free to email the Town Councilat town@townoftiburon.org. Thank you. Regards, DeAnn -- DeAnn Biss (she/her)Executive Director | Tiburon Peninsula Chamber of Commerce 46 B Main Street, Tiburon, CA 94920deannbiss.tiburonchamber@gmail.com | tiburonchamber.org IG: @tiburonchamber -- DeAnn Biss (she/her)Executive Director | Tiburon Peninsula Chamber of Commerce 46 B Main Street, Tiburon, CA 94920 deannbiss.tiburonchamber@gmail.com | tiburonchamber.orgIG: @tiburonchamber From:Kathleen Defever To:Lea Dilena; Lea Dilena Subject:Support for Painted Bins Project (Council Meeting 3/15/23) Date:Wednesday, March 15, 2023 12:58:37 PM kathleen.defever.rotary@gmail.com appears similar to someone who previously sent you email, butmay not be that person. Learn why this could be a risk CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Councilmembers, The Rotary Club of Tiburon-Belvedere enthusiastically supports the Painted Bins Downtown Project. Of our seven areas of focus to create a better world, the Painted Bins Project supports two: * Providing Clean Water, Sanitation, and Hygiene * Protecting the Environment We will be very happy to see recycling and composting added to the Downtown services for our residents. As we all know, recycling and composting are critical elements in our community efforts to make our planet a cleaner, safer place. Best, Kathleen M. Defever, Esq, LLMPresidentRotary Club of Tiburon-Belvedere -- Kathleen M. Defever PresidentRotary Club of Tiburon-Belvedere TOWN OF TIBURON PAGE 1 OF 3 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Consider Approval of a New Downtown Banner Welcome Sign to be Placed in the Median in Front of the Belvedere/Tiburon Library, and Approve Fiscal Year 2023 Budget Amendment in the Amount of $13,365.00 to Fund the Project Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY Council is considering approval of the installation of a new welcome sign in the median in front of the Belvedere/Tiburon Library, and a Fiscal Year Budget Amendment in the amount of $13,365.00 to fund the project. RECOMMENDED ACTION(S) Staff recommends the Town Council: Hear the request, take public comments, and: 1. Approve the installation of the banner sign as proposed, and 2. Authorize a Fiscal Year 2023 Budget Amendment in the amount of $13,365.00 to fund the project, providing direction to staff as to the source of funds in the motion. BACKGROUND Currently, the Town owns and maintains 2 ‘Welcome to Tiburon’ signs that accommodate the installation of changeable banners. The first sign, which accommodates one (1) 72 X 60-inch banner is located at the corner of Blackfield Drive and Tiburon Boulevard at the Cove Shopping Center. The second sign, which accommodates two (2) 72 X 60-inch banners is located on the inbound side of Tiburon Boulevard just after the entrance to Blackie’s Pasture. Photos of the two existing signs are attached as Exhibit 1. The purpose of these signs and banners is to serve as a limited public forum to promote significant community events or Town sponsored events or messages, and only banners sponsored by Authorized Parties may be installed on the signs. A copy of the Banner Instructions and Application form, which describes these restrictions in more detail, is attached as Exhibit 2. Over the past several months, Town staff and representatives from the Tiburon Peninsula Chamber of Commerce have discussed the possibility of installing a new banner sign in the TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting March 15, 2023 Agenda Item: AI-2 Town Council Meeting March 15, 2023 TOWN OF TIBURON PAGE 2 OF 3 median located in front of the Belvedere/Tiburon Library. This median, which begins just past the intersection of Tiburon Boulevard and Mar West Street marks the unofficial entrance to Downtown Tiburon and would be a logical spot to install a similar Welcome/Banner sign. As part of the recent Library expansion project the median was enlarged, and new landscaping material provided by the Town was installed by volunteers from the Green Team. A photo of how the median looks today is attached as Exhibit 3. The proposed new sign would mimic the design of the 2 existing signs and would be the same size as the sign located near the Cove Shopping Center. This means it would accommodate one 72 X60 inch banner. Although an exact proposed location has not been set, the location would likely be within the first 100-150 ft of the beginning of the median, and would be finalized after consultation with CalTrans. The estimated cost of the sign including installation is $13,565.00, and is based on a quote provided by Davis Sign Co., with the quote attached as Exhibit 4. Davis Sign is the company that produced and installed the existing signs. ANALYSIS No further staff analysis is provided, however, DeAnn Biss, Executive Director of the Tiburon Peninsula Chamber of Commerce, has provided a short presentation which she will review with Council at tonight’s meeting. A copy of the presentation is attached as Exhibit 5. FINANCIAL IMPACT As noted above, the estimated cost of the project is $13,365.00. Funding for this project was not included in the Fiscal Year 2023 budget, therefore, if Council chooses to move forward with the work, a budget amendment will be required. Staff would offer 2 possible sources of funding for the work. The first would be General Fund Operating Reserves, and the second would be American Rescue Plan (ARP) funds. With regards to ARP funds, the following is a summary of past Council direction related to these funds. The towns total allocation of ARP funds is $2,173,086, and Council has previously allocated the following amounts: • Broadband Strategic Plan - $93,450 (Funds have been expended) • Contribution to The Ranch - $54,880 (Funds have been expended) • County led homelessness initiative - $40,270 (Funds have been expended) • Late Night Ferry Service - $298,000 (Funds have been 80-90% expended as of December 2022) • Purchase/Clean Up of RBSD Ponds - $800,000 (Funds unexpended-Agreement executed) • Broadband Project Phase 1 - $150,000 (Funds unexpended-see note below) • Seal Level Rise Study - $100,000 (Funds unexpended-No work to date) • Tiburon Boulevard Traffic Study -$100,000 (Funds unexpended-No work to date) • Parks Master Plan -$315,478 (Contract executed) Assuming all of the previously allocated funds are spent, this would leave an unallocated balance of ARP funds of $221,008. Town Council Meeting March 15, 2023 TOWN OF TIBURON PAGE 3 OF 3 Staff Note Council recently approved acceptance and expenditure of $191,100 in CPUC LATA grant funds, and authorized grant fund expenditures in the amount of $110,000 for work on the Broadband Project Phase 1 item listed above. If Council determines the $150,000 ARP allocation for this purpose is no longer necessary, the amount of unallocated ARP funds would total $371,008. CLIMATE IMPACT Staff has determined this action will have no direct climate impact to Tiburon. ENVIRONMENTAL REVIEW Exempt from environmental review under section 15307 of the California Environmental Quality Act (CEQA Guidelines, which exempts "Actions by regulatory agencies for protection of natural resources." In addition, adoption of the CAP is exempt under the under CEQA Guidelines section 15061(b)(3), because it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. RECOMMENDATION Staff recommends the Town Council: Hear the request, take public comments, and 1. Approve the installation of the banner sign as proposed, and 2. Authorize a Fiscal Year 2023 Budget Amendment in the amount of $13,365.00 to fund the project, providing direction to staff as to the source of funds in the motion. Exhibit(s): 1. Existing sign photos 2. Banner Instructions/Applications form 3. Existing median photo 4. Quote for sign-Davis Sign 5. Presentation Slides. Prepared By: Greg Chanis, Town Manager EXHIBIT 1 EXHIBIT 2 C:\Users\jpalmero\Desktop\BANNERS\Banner Application Forms\Banner Application 2019.doc TOWN OF TIBURON Banner Instructions and Application Tiburon Town Hall: Patti Pickett – ppickett@townoftiburon.org or 415.435.7373 Proposed Location (check one)  Blackie’s Pasture Sign  Blackfield Drive (Cove) Sign (Please note the banner posting fee is $25.00) Event Information: Event Sponsor (Agency or Organization): __________________________________________ Name of Event: ______________________________________________________________ Description of Event: __________________________________________________________ Date(s) of Event: _____________________________________________________________ Specific Location of Event: ______________________________________________________ Requested Date for Banner Display: Choice #1_______________#2______________________ NOTE; All banners must be dropped off at the Public Works Dept. no later than the Thursday in advance. All banners must be picked up the week after they are taken down. The Public Works Dept is not able to store and maintain banners after they come down. All banners left beyond the week deadline will be discarded. If the same banner is being used on a future date, it still needs to be picked up and then re-delivered. Thank you for your understanding. Sponsor Information: Name of Contact: ___________________________________ Phone: ___________________ E-mail: ___________________________________________ FAX: _____________________ Mailing Address: ______________________________________________________________ _____________________________________________________________ Continued on Reverse Side… C:\Users\jpalmero\Desktop\BANNERS\Banner Application Forms\Banner Application 2019.doc I, the event sponsor (or authorized agent of the event sponsor), hereby make application for placement of a banner on Town Property, and certify that the information given is correct to the best of my knowledge and belief and that the sponsoring agency/organization is an Authorized Party as defined below. I understand that the requested approval is for the benefit of the agency or organization I represent. Therefore, if the Town grants the approval, and that action is challenged by a third party, I will be responsible for defending against this challenge. I therefore agree to accept this responsibility for defense at the request of the Town and also agree to defend, indemnify and hold the Town harmless from any costs, claims or liabilities arising from the approval, including, without limitation, any award of attorney’s fees that might result from the third party challenge. I have read, understand, and agree to the following provisions to display a banner on Town Property: 1. Purpose and Policy. The purpose of the Town’s Blackie’s Pasture and Blackfield Drive signs is to serve as a limited public forum to promote significant community events or Town-sponsored events or messages. Use of the sign is expressly limited to achieve those purposes. 2. Authorized Parties. The following parties may use the Blackie’s Pasture Sign and the Blackfield Drive Sign: (i) governmental agencies, including the Town of Tiburon, City of Belvedere, Belvedere-Tiburon Joint Recreation Agency, and the Belvedere-Tiburon Library Agency; (ii) Tiburon peninsula accredited or licensed schools (pre- kindergarten through 12th grade, both public and private non-profit, which offer instruction that satisfies in whole or in part the mandatory education requirements of state law); (iii) the Tiburon Peninsula Chamber of Commerce; (iv) non-profit organizations located on the Tiburon Peninsula with tax exempt status under Internal Revenue Code Section 501(c)(6); and (v) other non-profit organizations located on the Tiburon peninsula with tax exempt status under Internal Revenue Code Section 501(c)(3) organized to promote the health and welfare of the Tiburon peninsula community. 3. Qualifying Events and Banner Copy. I understand and agree that: (a) The event sponsor is an Authorized Party as described above. (b) The event will be located on, or will exclusively benefit, the Tiburon peninsula. (c) If the Authorized Party is not a governmental agency, the public must be invited to the event on the same basis as the members of the sponsoring organization. (d) The banner copy (text and images) shall conform to the banner parameters listed below. 4. Banner Parameters. I have attached an accurate scaled rendering of the proposed banner on an 8 1/2” X 11” sheet. Banner text and images are limited to the following items: Event name, location, date and time; sponsoring agency/organization name(s) (maximum of two); sponsor contact information; a maximum of two graphic images (optional), including any organization logos; and purpose of event, i.e. “Disaster Relief Effort” (optional). All text shall be in a plainly legible font and a minimum of 3 inches in height; italics, underlining and bold font are permitted. There must be a high degree of contrast between the background and text to ensure legibility. 5. Timing of Submittal and Decision. The required submittal materials forming a complete application must be received at least thirty (30) days in advance of the requested posting date and not more than 90 days in advance of the requested posting date. The Town will issue a decision within ten (10) business days after receipt of the complete application. 6. Other. (i) The Town will approve applications for qualified events as space allows on a “first come-first serve” basis, but reserves the right to remove or preempt a banner for a larger community event or a Town-sponsored event or message; (ii) Banners will be posted for seven (7) consecutive days, however the Town may elect to keep some banners up longer at its discretion; (iii) Only Town employees are authorized to install and remove a banner, which authorization may be delegated at the Town’s reasonable discretion; (iv) The posting fee of $25.00 per posting (cash or check only) is non-refundable (unless a banner is pre-empted) and off-sets Town costs to process the application and post and remove banners. Banners shall be dropped off at the Tiburon Public Works Corporation Yard, located at 199 Kleinert Way during the week before the banner is to be posted, and picked up during the week after the banner is removed. Tiburon Public Works will not be held responsible for storing unclaimed banners and will dispose of them accordingly unless other arrangements are made with the applicant. Applicant Signature: ______________________________________ Date: _________________ Printed Name: ___________________________________________ EXHIBIT 3 EXHIBIT 4 DAVIS SIGN COMPANY INC 36 BELVEDERE ST SAN RAFAEL, CA 94901 US (415) 457-4091 shop@davissignco.com www.davissignco.com ADDRESS Town of Tiburon 1505 Tiburon Boulevard, Tiburon, CA 94920 Greg Chanis 415-435-7373 Estimate 1470 DATE 03/10/2023 SALES REP Milton jr DESCRIPTION QTY RATE AMOUNT Welcome Tiburon Sign with Banner Changer 80" tall x 77" wide 3/4" thick MDO Board Anchors for banner hanging/fasteners Painted Color TBD + Vinyl Graphics (see upgrade to sandblast upgrade below) 8" Square Posts Pressure Treated / Painted Copper or Wood Cap toppers Metal Brackets for Post to sign attachement 1 side needed Production Cost: $7450.00 1 7,450.00 7,450.00T Installation Cost: $1875.00 Allow 4-6 weeks for production if approved 1 1,875.00 1,875.00 Upgrade Costs Sandblasted Redwood Topper Add $3250.00 1 3,250.00 3,250.00T SUBTOTAL 12,575.00 TAX 989.75 TOTAL $13,564.75 Accepted By Accepted Date WELCOME TO THE TOWN OF TIBURON PROPOSED DOWNTOWN SIGN WHY •Opportunity to provide clear and direct communication to our community •Key location for visitors and residents •Town Notiﬁcations •Downtown Events •Library Events •Opportunity to further ENGAGE with our community •Ofﬁcial “Welcome to Downtown” X DESIGN CONSIDERATIONS •Same dimensions as the Cove sign - appropriately sized for proposed location •Identical fabrication to provide uniﬁed look and feel throughout town •New sign will add “Welcome to the Town of Tiburon” COST Installation $ 1,875 Production $10,700 Tax 990 Total $13,565 Beneﬁt to the community = Priceless General Plan Timeline Town Council March 15, 2023 Draft Housing Element Submitted to HCD on February 16, 2023 (second submittal) Review Period complete April 17, 2023 (60 day review period) Circulation of Draft EIR March 16, 2023 –May 1, 2023 (45-day circulation) Open house workshop -April 29, 2023 Public Hearings May 10, 2023-Planning Commission Town Council May 17th, 24th and 31st Questions????