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TC Agd Pkt 2024-03-20
TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 Tiburon Town Council March 20, 2024 Regular Meeting 6:30 P.M. TIBURON TOWN COUNCIL AGENDA The meeting will be held in person and will be televised live on Zoom. Members of the public have the option of participating in-person or remotely via Zoom at: Webinar: https://us06web.zoom.us/j/89217087066 Webinar ID: 892 1708 7066 Call-in Number: 1 669 444 9171 Submit public comment by: 1. Email comments@townoftiburon.org prior to 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 Nikfar, Councilmember Ryan, Councilmember Welner, Vice Mayor Thier, Mayor Fredericks INTERVIEWS FOR VACANCIES ON TOWN BOARDS & COMMISSIONS • Liz Feibusch (Heritage & Arts Commission) • Tom Tanner (Diversity Inclusion Task Force) • Sam Stewart (Diversity Inclusion Task Force) • David Bloch (Diversity Inclusion Task Force) 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. Resolution – Adopt resolution opposing ballot initiative 21-0042A1 (Office of the Town Clerk) ACTION ITEMS AI-1. Appointments to Town Boards & Commissions – Consider appointments to the Heritage & Arts Commission (Office of the Town Clerk) AI-2. Diversity Inclusion Task Force Vice Chair – Consider appointing a Vice Chair to the Diversity Inclusion Task Force (Office of the Town Clerk) AI-3. Transportation & Infrastructure Study – Consider appointing one councilmember to sit on the consultant selection committee (Department of Public Works) DISCUSSION ITEMS DI-1. Parks & Recreation Master Plan – Receive update report by WRT and provide feedback to the consultant or Town staff (Department of Public Works) DI-2. Mill Valley Refuse Service Franchise Agreement – Provide direction to staff regarding any additional information requested prior to considering an extension to the franchise agreement at a later date (Office of the Town Manager) TOWN COUNCIL REPORTS TOWN MANAGER REPORT CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (2) of subdivision (d) of Government Code section 54956.9: (One potential case) 2. CONFERENCE WITH LABOR NEGOTIATORS Town designated representatives: (Town Attorney Benjmain Stock and Town Manager Greg Chanis) Employee organization: (Tiburon Police Officer Association and Service Employees International Union) ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY ADJOURNMENT GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (415) 435-7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town’s website, www.townoftiburon.org. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. Page 1 of 2 Form: ŽĂƌĚ͕ŽŵŵŝƐƐŝŽŶ͕ŽŵŵŝƚƚĞĞƉƉůŝĐĂƚŝŽŶ (rev. 03.2023) Town of Tiburon Department of Administrative Services 1505 Tiburon Boulevard Tiburon, California 94920 (415) 435-7373 www.townoftiburon.org BOARD, COMMISSION, OR COMMITTEE APPLICATION The Town considers appointments to its various boards, commissions, and committees throughout the year due to term expirations and unforeseen vacancies. In its effort to broaden participation by local residents in Tiburon’s local governmental process and activities, the dŽǁŶ needs to know your interest in serving the Town in some capacity. Instructions Please indicate your specific areas of interest and special skills or experience by completing this form and returning it to Town Hall with a resume. /ŶƚĞƌǀŝĞǁƐĂƌĞƐĐŚĞĚƵůĞĚŽŶĂŶĂƐͲŶĞĞĚĞĚďĂƐŝƐ ƉĞƌŝŽĚŝĐĂůůLJƚŚƌŽƵŐŚŽƵƚƚŚĞLJĞĂƌ͘zour application will remain at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Please return this form to: Town of Tiburon Tiburon Town Clerk 1505 Tiburon Boulevard Tiburon, CA 94920 Applicant Name & Information Full Name: Date: Address: Street Address Apartment/Unit # City State Zip Phone: Email: Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized as part of Town Council meeting materials. ůŝnjĂďĞƚŚ;>ŝnjͿ&ĞŝďƵƐĐŚ :ĂŶ͘ϯϬ͕ϮϬϮϰ dŝďƵƌŽŶ ϵϰϵϮϬ Page 2 of 2 Form: ŽĂƌĚ͕ŽŵŵŝƐƐŝŽŶ͕ŽŵŵŝƚƚĞĞƉƉůŝĐĂƚŝŽŶ (rev. 03.2023) Areas of Interest Please indicate your areas of interest in numerical order: Parks, Open Space & Trails Commission Bel-Tib Joint Recreation Board Disaster Advisory Council Commission on Aging Planning Commission Design Review Board Heritage & Arts Commission Bel-Tib Library Board ĨĨŽƌĚĂďůĞ,ŽƵƐŝŶŐ Building Code Appeals Board Why did you select your area(s) of interest? What are your applicable qualifications and experiences? ϭ Ϯ ϯ /ΖǀĞďĞĞŶĂdŝďƵƌŽŶƌĞƐŝĚĞŶƚĨŽƌĂůŵŽƐƚϳLJĞĂƌƐ͘DLJĞĚƵĐĂƚŝŽŶĂůďĂĐŬŐƌŽƵŶĚŝƐŝŶƌƚ,ŝƐƚŽƌLJ͕ ŽŵŵƵŶŝĐĂƚŝŽŶ͕ĂŶĚDĂƌŬĞƚŝŶŐ͘/ŚĂǀĞƚǁŽĐŚŝůĚƌĞŶƚŚĂƚǁĞƌĞďŽƌŶĂŶĚƌĂŝƐĞĚƚŚƵƐĨĂƌŝŶ dŝďƵƌŽŶ͕'ĞŽƌŐĞ;ϱͿǁŚŽŝƐĂƚZĞĞĚĂŶĚDŝƌLJĂŵ;ϯͿ͘ tĞƉůĂŶƚŽďĞůŽŶŐͲƚŝŵĞdŝďƵƌŽŶƌĞƐŝĚĞŶƚƐĂƐŵLJŚƵƐďĂŶĚŝƐĂůƐŽĂDĂƌŝŶŶĂƚŝǀĞĂŶĚǁĞ ĐĂƌĞĂďŽƵƚƚŚĞŚĞĂůƚŚĂŶĚǁĞůůďĞŝŶŐŽĨŽƵƌĐŽŵŵƵŶŝƚLJ͘/ĐŚŽƐĞƚŚĞƐĞƚŚƌĞĞĂƌĞĂƐďĞĐĂƵƐĞ/ ďĞůŝĞǀĞƚŚĞLJĐĂŶŚĂǀĞĂƐƚƌŽŶŐŝŵƉĂĐƚŽŶĞŶƌŝĐŚŝŶŐƚŚĞůŝǀĞƐŽĨdŝďƵƌŽŶƌĞƐŝĚĞŶƚƐŽĨĂůůĂŐĞƐ͘ &ŽƌƚŚĞ,ĞƌŝƚĂŐĞΘƌƚƐĐŽŵŵŝƐƐŝŽŶ͕/ďĞůŝĞǀĞƚŚĞƌĞŝƐŵŽƌĞǁĞĐĂŶĚŽƚŽĞĚƵĐĂƚĞŽƵƌ ĐŽŵŵƵŶŝƚLJĂŶĚŚŽƐƚĞǀĞŶƚƐĂďŽƵƚƚŚĞŚŝƐƚŽƌLJŽĨdŝďƵƌŽŶ͘ &ŽƌƚŚĞƉĂƌŬƐĐŽŵŵŝƐƐŝŽŶ͕ŝƚǁŽƵůĚďĞŶĞĨŝƚŚĂǀŝŶŐĂLJŽƵŶŐĞƌ;ΕϰϬLJƌƐͿǀŽŝĐĞƉƌĞƐĞŶƚĂƐǁĞ ƉůĂŶƚŚĞĨƵƚƵƌĞŽĨŽƵƌŽƵƚĚŽŽƌƐƉĂĐĞƐƚŚĂƚǁŝůůŵŽƐƚůLJďĞƵƐĞĚďLJLJŽƵŶŐĨĂŵŝůŝĞƐ͘ &ŝŶĂůůLJ͕ǁŝƚŚϮLJŽƵŶŐŬŝĚƐ͕/ΖĚůŽǀĞƚŽŚĂǀĞŵŽƌĞŽĨĂǀŽŝĐĞŝŶƚŚĞƉƌŽŐƌĂŵŵŝŶŐĂŶĚĞǀĞŶƚƐ ŚŽƐƚĞĚĂƚdŚĞZĂŶĐŚ͘DLJƐŽŶůŽǀĞƐƚŚĞƉƌŽŐƌĂŵŵŝŶŐĂŶĚ/ΖĚůŽǀĞƚŽƐĞĞŵŽƌĞĨŽƌLJŽƵŶŐĞƌ ŬŝĚƐƚŽŽ͘ ĞLJŽŶĚǁŚĂƚŝƐĐĂƉƚƵƌĞĚĂďŽǀĞ͕ŵLJƋƵĂůŝĨŝĐĂƚŝŽŶƐĂŶĚĞdžƉĞƌŝĞŶĐĞƐŝŶĐůƵĚĞ͗ ͲϳLJĞĂƌƌĞƐŝĚĞŶƚŽĨdŝďƵƌŽŶ ͲWĂƌĞŶƚŽĨƚǁŽLJŽƵŶŐĐŚŝůĚƌĞŶǁŝƚŚĂĚĞĚŝĐĂƚĞĚŝŶƚĞƌĞƐƚŝŶĞŶƌŝĐŚŝŶŐŽƵƌĐŽŵŵƵŶŝƚLJĨŽƌLJŽƵŶŐ ĨĂŵŝůŝĞƐ ͲƌƚŚŝƐƚŽƌLJĂŶĚŵĂƌŬĞƚŝŶŐďĂĐŬŐƌŽƵŶĚƉƌŽǀŝĚŝŶŐŵĞƚŚĞĂďŝůŝƚLJƚŽǁƌŝƚĞĂŶĚƉƌŽŵŽƚĞdŝďƵƌŽŶ ƐƚŽƌŝĞƐ͕ĞǀĞŶƚƐ͕ŝŶƚĞƌĞƐƚŝŶŐŝŶĚŝǀŝĚƵĂůƐŝŶŽƵƌĐŽŵŵƵŶŝƚLJ Elizabeth Feibusch , Tiburon, CA •+• •linkedin.com/in/lizfeibusch Brand & Product Marketing Director 10+ years of experience in product and brand marketing, with a proven track record of driving subscription growth and launching successful marketing strategies. Collaborative, detail-oriented and empathetic leader who enjoys collaborating with teams to create award-winning, revenue-generating campaigns. WORK EXPERIENCE Shipt (Target Corporation)•San Francisco CA •Full-time •01/2019 - 06/2022 Director Of Brand & Product Marketing • Achieved a 300% increase in marketplace subscriptions in 2020, while launching enhanced technicalcapabilities to add more retailers, such as Platform (Target.com delivery) • Led full-scale product launch support for 20 app updates, generating $500,000 GMV from one email(KPI example) • Led continuous brand health tracking and delivered seasonally-focused C-level updates,contributing to an 8% growth in unaided brand awareness and doubling aided awareness. • Ran quarterly consumer insights survey studies to pulse market conditions e.g. COVID, shoppingbehavior, and seasonal forecasting for creative campaigns and product roadmaps Senior Brand & Product Marketing Manager • Developed corporate brand messaging and positioning guidelines in 6 months • Optimized product and CRM messaging and creative flow based on post-COVID audiencesegmentation findings Brand & Product Marketing Manager • Created and refined 4 core marketing personas in 8 months to be used for segmentation, mediaplanning, and corporate strategy • Established streamlined internal creative brief processes and toolkit to efficiently launch productfeatures in as soon as 3-6 weeks Noble House Spice •Marin CA •Part-time •06/2017 - 06/2018 Brand & Product Marketing Strategist • Developed strategy plan to launch new product line to D2C (Amazon) consumers, including onlinesurveys and competitive analysis Catalyst SF •San Francisco CA •Part-time •08/2017 - 06/2018 Brand & Product Marketing Strategist • Conducted a national online survey of 800 respondents and in-person focus groups for Walter Drakeonline retailer to streamline product mix and merchandising strategy. SHIFT Communications •San Francisco CA •Full-time •11/2014 - 07/2016 Integrated marketing, PR, strategy, and campaign lead for : Green Chef, Sierra Nevada, Whole Foods Market/365 by Whole Foods, Orchard Supply Hardware, Pacific Gas & Electric Co Consumer Goods & Retail PR/Marketing Lead • Led GTM launch for : Green Chef's vegan meal kit delivery service (2016) resulting in 20% increase inSOV within 60 days (company acquired by HelloFresh in March 2018) •Led event marketing and media campaigns for 30 Orchard Supply Hardware store openings,garnering 10MM impressions through traditional and influencer outreach HKA Marketing Communications •Orange County CA •Full-time •02/2012 -06/2014 Managed integrated communications programs for local and national clients in food and beverage, professional services, and nonprofit, including : Farmer Brothers Coffee, San Luis Sausage, Xan Confections, Susan G. Komen Consumer Goods & Retail PR/Marketing Lead •Led creative concepting and celebrity talent acquisition for Komen end-of-year holiday videocampaign, which raised $400,000 in critical funds for breast health care ABI Marketing (Finn Partners)•New York NY •Full-time •03/2009 -01/2012 Clients included : Eastman Chemical, Sherwin Williams, Georgia-Pacific PR/Marketing Manager •Increased Eastman's profile and global sales within automotive industry by 20% after partnering withFord Motors and BASF on case study insights series Coburn Communications •09/2008 -03/2009 Clients included: Del Monte Foods and Everyday with Rachel Ray magazine PR/Marketing Account Executive •Launched Del Monte Foods SuperFruit brand in earned media, resulting in 10MM+ impressions inWoman's Day, Good Housekeeping, mom blogs, and more Hanna Lee Communications •12/2006 -09/2008 PR Account Executive •Sold 500k cases in first year of Sobieski Vodka's launch with "Truth in Vodka" campaign & securedmulti-year partnership with Madison Square Garden. EDUCATION MBA in Marketing & Data Analytics University Of San Francisco •San Francisco •12/2018 Bachelor's in Journalism/Mass Communication; Fine Arts New York University •New York •12/2006 VOLUNTEERING & LEADERSHIP SF Marin Food Bank Young Professional Council - Founding Board Member •San Francisco, CA •09/2023 - Present AWARDS & SCHOLARSHIPS “Honorable Mention: Press Event/Media Tour” (Sierra Nevada Beer Camp Across America) Ragan PR Daily •10/2016 “PROTOS Award of Excellence (Creative Tactic/Stunt/Event)” (Komen Orange County) OC/PRSA •12/2013 “Honorable Mention: Consumer Campaign of the Year” (Sobieski Vodka) PRWeek •10/2008 SKILLS Brand Awareness, Brand Health Tracking, Brand Messaging, Consumer Research, Content Strategy, Creative Brief, Integrated Marketing, Marketing Campaigns, Marketing Planning, Market Research, Product Launch, Product Marketing, Strategic Planning Page 1 of 2 Town of Tiburon Commission, Board, Committee Application Submit to: Town Clerk Lea Stefani 1505 Tiburon Blvd., Tiburon, CA 94920 lstefani@townoftiburon.org (415)435-7377 TOWN COUNCIL DIVERSITY INCLUSION TASK FORCE APPLICATION On October 7, 2020, the Town Council created the Diversity Inclusion Task Force. The Task Force will be made up of 10 individuals – five Town Councilmembers and five residents appointed by the Council. To apply for Ă seat on the Task Force, please submit this completed form to the Town Clerk with a resume. Thank you for your willingness to serve the Tiburon community. Diversity Inclusion Task Force Qualifications - Possess the experience, qualifications, and knowledge either in your professional career, volunteer work, or personal capacities to engage, organize, and provide recommendations to achieve diversity and inclusion goals and policies - Possess awareness about how the role of systemic racism produces inequities the task force will attempt to address - Have the time and schedule flexibility to attend monthly meetings - Have interest in working on policies regarding diversity and inclusion - Be a full-time resident of Tiburon or Belvedere (proof of residency required) Applicant Name Full Name: Date: Applicant Information Address: Street Apartment/Unit City State Zip Phone:Email: Thomas Tanner 2/17/2024 Tiburon Ca 949420 Page 2 of 2 By submittal of this application, I certify that the home address I have listed above is my primary full-time residence. Signature: Why would you like to serve on the task force? What are your applicable qualifications and experiences? Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized as part of Town Council meeting materials. Thomas Tanner I have lived in Tiburon for a little over 8 years. I just simply love living here, and want to find ways to contribute to my community. I also have a passion for diversity. 1. I have a Masters of Science Degree in Human Resources Management.2. I have spent my entire 20+ year career in Talent Acquisition roles.3. Those roles include working in companies that are required by the government to have Affirmative Action Plans, and are monitored by the Office of Federal Contract Compliance Programs OFCCP.4. I have created diversity programs, diversity teams, hiring targets and measures, and arranged panels on diversity.5. I love to champion inclusion, diversity of thought, and equity. Page 1 | 3 Thomas C. Tanner • ( www.linkedin.com/in/thomas-c-tanner-ms-/ • Tiburon, CA Operations Manager | Recruitment | HR Senior-level operations, project, and HR manager with 20 years of success leading highly diverse industries and environments. Highly effective, resourceful leader experienced in directing cross-functional teams through transformative HR solutions, strategic staffing, and human capital programs via recommendations and support initiatives. Strategic program manager excelling in leading teams with commitment to excellence for both operations and talent acquisition in alignment with business objectives. Expert planner and negotiator continuously fostering productive relationships, promoting process improvements, and encouraging strong engagement across multiple organizational levels. Areas of Expertise • Human Resources • Strategic Planning • Recruiting Lifecycle Management • Process Improvement • Operations Management • Change Management • Talent Development / Acquisition • Cross-Functional Leadership • Diversity / Inclusion Methodology Accomplishments • Seamlessly designed and executed process improvement efforts for global recruiting efforts. • Implemented operational processes for $10M project portfolio, identifying strategic opportunities to help struggling teams. • Introduced 2017 book of work of $7M/field projects; bettered physical records, assessments, information governance, etc. Career Experience US Tech Solutions (Facebook), Menlo Park, CA November 2019 – Present Program Manager Scope, develop, and execute process discovery projects with an internal goal of maximizing and improving global recruiting operations. Deliver expert recommendations across recruiting products and functional operations, driving area improvements in upper, middle, and lower funnels. Complete extensive research within data privacy and legal compliance projects. • Consulted on process overhaul for interviewer optimization. • Scoped, executed, and made recommendations to improve efficiency and effectiveness of global interview scheduling. • Researched and developed recommendations for data privacy and compliance processes within Facebook’s global applicant tracking system. • Facilitated stakeholder realignment sessions including product, recruiting leadership, change management, and operations teams. • Developed strong relationships and credibility across multiple cross-functional teams. BILL.COM, Palo Alto, CA 2018 – 2019 Director, HR Operations Spearheaded the hiring, training, and oversight of a 4-person full-time/contracted HR Operations Team, directly controlling HRIS implementation, onboarding and offboarding, immigration, and cross-functional process development. Efficiently documented all payroll processes, bringing company into compliance. Served as the Systems Administrator for HRIS. • Initiated project plans to revitalize a failed HRIS implementation. • Directed the successful integration of HRIS with performance management system and ADP payroll system, managing cross-functional project teams along with vendor integration teams. • Designated LOA vendor to better serve team members throughout leaves of absence. Pacific Gas and Electric Company (PG&E), San Francisco, CA 2016 – 2018 Operations Manager, Program Manager, Enterprise Records, Information Management Identified strategic opportunities to improve struggling teams, including tight collaboration with executive leadership in expanding team for more effective productivity throughout the service territory. Effectively managed people and attraction measures spanning a 35-member ERIM operations team across 30 locations. Executed all operational processes within a $10M project portfolio. • Designed and implemented safe work policies and procedures for highly perilous and complex field projects. Page 2 | 3 • Introduced the 2017 book of work which included $7M in field projects to improve physical records, assessments, information governance, and the indexing of legacy records. • Drove project scope for numerous projects, initiating successful milestones, on-time completion, and budget adherence. • Overhauled a failed software implementation for a physical records management tool. • Spearheaded the integration SOW projects with 3rd part vendors through thoughtful communication and collaboration. • Inspired a highly-engage team through defined service territories, managing all lines of business enterprise-wide. • Engineer a successful talent strategy to include safety awareness and cost reduction initiatives for the ERIM operations team and overall business functions. Pacific Gas and Electric Company (PG&E), San Francisco, CA 2015 – 2016 Principal, Process Improvements and Change Management Consultant Directed all operations to ensure excellence and effectiveness, consistently improving daily HR functions while leading a matrixed team of 20 through the end-to-end documentation and improvement process for talent management. Initiated the utilization of new recruiting tools, methodologies, and process controls. Integrated change and project metrics, ultimately identifying gaps and improvement criteria for talent management, testing operations, and recruiting. Provided HR data quality and analysis solution to refine HR performance. • Accelerated and revamped stalled teams and programs using large-scale change interventions and improvements. • Analyzed action results to identify key deliverables in the HR talent management lifecycle. • Mentored and coached teams and leadership through using appropriate operational excellence concepts, including Lean, process improvements, change management, and project management activities. Pacific Gas and Electric Company (PG&E), San Francisco, CA 2012 – 2015 Manager, Recruiting for IT and Corporate Services Structured effective procedures and collaborated with CIO to design and develop high-performing teams that aligned with company's strategic business objectives. Evaluated existing recruiting teams, identifying and implementing improvement metrics for the IT monthly business review dashboard. • Minimized member placement time by 24%, subsequently bolstering customer satisfaction at executive levels. • Fortified relationships among executives and direct reports by initiating activities required for recruiting resources. • Adopted critical HR and companywide solutions for lines of business to drive continuous improvement, recruiting diversity, OFFCC compliance, and employer brand. • Streamlined HR intake procedure to engage customers an exchange information from IT to HR. • Introduced the internship program and leveraged best practices for gas and electric functions. Pacific Gas and Electric Company (PG&E), San Francisco, CA 2011 – 2012 Sr. Expert Recruiter for IT and Corporate Services Served as business consultant and partner focused on implementing best practices in talent management efforts within all operating units. Designed comprehensive recruiting strategies for high-volume and high-turnover companies in partnership with CFO, Corporate Affairs, and Regulatory Affairs executives. Coordinated workflow metrics and the requisition procedures for 100+ positions annually. Performed quarterly recruiter forum geared towards developing community standings and sharing information across organizational platforms. • Directed new recruiters through procedures, policies, and communication strategies. • Secured recognition from leadership for work on employee engagement, safety, and team collaboration. • Designed a new associate program for CFO organization, achieving increased productivity, engagement, and retention. Additional Experience Accountants Incorporated, San Francisco, CA, Manager, Executive Search and Consulting Accountants Incorporated, San Francisco, CA, Lead Recruiter, Executive Search Accountants Incorporated, San Francisco, CA, Manager, Direct Hire Education Master of Arts in Human Resources Golden Gate University, San Francisco, CA Master of Arts in English San Francisco State University, San Francisco, CA Bachelor of Arts in English Page 3 | 3 San Francisco State University, San Francisco, CA Certifications & Awards Lean Six Sigma Green Belt Certification | Lean Six Sigma Yellow Belt Certification | Lean Six Sigma White Belt Certification Change Management Certification | Salesforce Systems Administration for HRIS | Envoy Immigration System 2018 Supply Chain Responsibility Award – Paper Reduction Strategies / 0 "*!" (%"! " && "!."%." ''## ' "! % $$ , ' " $ 5949%" &-+%" +;8;64 #$ 3$ ' $%" - " 18592879/:7:: $ ":+6464+$ ' % "$$&"#$) %# # "-# "' % 54 &% #0& ' % "# &"# $# $)$ % - ) "Ă#$ $# "+ ##% $$# $ " $ $ ' "'$ "#% - ) % ") %"' ##$ #"&$%" % $)- )%& ',! (& "!& "%( ' "!& / #### $ ( " + !% $ #+ ' $" ) %" " ## ""+ & % $"' "+ " "# $#$ + " *+ " & " $ # $ &&"#$) %# # # / #### '" ## %$ ' $ " #)#$ "# " %# !%$# $ $# "' $$ $$ "## / &$$ #% ( $)$ $$ $ ) $ # / & $"#$ ' " #"" &"#$) %# / % /$ "# $ %" " &" 1 " "# )"!%"2 ## !' % ,$, ## !'!"% ' "! "##, $"$ "$ $. $ $)$$ , , Samaruddin "Sam" Stewart 2/27/2024 Tiburon CA 94920 0 0 )#% $$ $# $ + "$)$$$ "## & #$ &# ) " ")% /$ "# - $%", ,*"( ,"( '"&%)"!' '& "%- '%,"(%## $( ' "!&!+#% !&- ( & "&(% "' ,% $$ $ $" # #$$%$ % " " ) % *# "$ ' % $ $" #- I am a two year resident of Tiburon with years of professional experience in policy development for Global Affairs/Public Policy at Google and as the technology sector liaison/Senior Advisor for the US Department of State. I have been living in the Bay Area for over a decade and during my time living in San Mateo County was an appointed Arts Commissioner where I advocated for and served as an advisor for the Board of Supervisors from 2014-2022. I am also fairly familiar with law enforcement practices as my spouse was in federal law enforcement for 15 years. Lastly, I am also the son of a first generation immigrant and have unique insight in diversity from my personal experiences. I have always been interested in supporting my community and have participated in both in county-level volunteer work as well as federal governmental service. I see this opportunity as a potential way to work on a larger team to advocate for the celebration of the diverse cultures existing in our community and also promote inclusive policies and learnings. TOWN OF TIBURON PAGE 1 OF 3 STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Clerk Subject: Opposition: Initiative 21-0042A1, the Taxpayer Protection and Government Accountability Act Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Council will consider authorizing a resolution in opposition to a 2024 ballot initiative. RECOMMENDED ACTION(S) 1. Adopt a resolution (Exhibit 1) opposing Initiative No. 21-0042A1, the Taxpayer Protection and Government Accountability Act. BACKGROUND The Taxpayer Protection and Government Accountability Act would amend the California Constitution with provisions that limit voters’ authority and input, adopt new and stricter rules for raising taxes and fees, and may make it more difficult to impose fines and penalties for violation of state and local laws. The measure puts billions of local government tax and fee revenues at risk statewide with related core public service impacts. The measure would have significant impacts on Town of Tiburon operations and core service delivery. The proposed constitutional initiative is sponsored by the California Business Roundtable. The next of the full initiative is available here. Major Provisions of the Ballot Initiative Fees and Charges1: • Except for licensing and other regulatory fees, fees and charges may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is the “minimum amount necessary.” The burden to prove the fee or charge does not exceed “actual cost” is changed to “clear and convincing” evidence. 1 Initiative No. 21-0042A1 (pgs.4-6; Section 1 (a)-(j) TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting March 20, 2024 Agenda Item: CC-1 Town Council Meeting March 20, 2024 TOWN OF TIBURON PAGE 2 OF 3 • Requires fees and charges paid for the use of local and state government property and the amount paid to purchase or rent government property to be “reasonable.” These fees and charges are currently allowed to be market-based. Whether the amount is “reasonable” (introducing a new legal standard aiming to force below market fee and charge amounts) must be proved by “clear and convincing evidence.”2 The standard may significantly reduce the amount large companies (e.g., oil, utilities, gas, railroads, garbage/refuse, cable, and other corporations) will pay for the use of local public property. • Prohibits fees on new development based on vehicle miles traveled. Taxes3: • Taxes and fees adopted after Jan. 1, 2022, that do not comply with the new rules, are void unless reenacted4. • Invalidates Upland decision that allows a majority of local voters to pass special taxes. The measure specifies that taxes proposed by the initiative are subject to the same rules as taxes placed on the ballot by a city council. • Expressly prohibits local advisory measures which allow local voters to express a preference for how local general tax dollars should be spent.5 • Requires voter approval to expand existing taxes (e.g., Utility, Transient Occupancy) to new territory (e.g., annexations) or to expand the tax base (e.g., new utility service) • New taxes can only be imposed for a specific time period. • City charters may not be amended to include a tax or fee. • All state taxes require majority voter approval. Fines and Penalties6: • May require voter approval of fines, penalties, and levies for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties. ANALYSIS On Jan. 4, 2022, the California Business Roundtable filed the “Taxpayer Protection and Government Accountability Act” or AG# 21-0042A1. On Feb. 1, 2023, the measure qualified for the November 2024 ballot. The League of California Cities, along with a broad coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses, strongly opposes this initiative. 2 Initiative No. 21-0042A1 (pg.5; (3)) 3 Initiative No. 21-0042A1 (pgs.4-6; Section 1 (a)-(j) 4 Initiative No. 21-0042A1 (pg.7; Section 6 (Sec. 2)(g) 5 Initiative No. 21-0042A1 (pg.6 (3)) 6 Initiative No. 21-0042A1 (pg. 5 (4)) Town Council Meeting March 20, 2024 TOWN OF TIBURON PAGE 3 OF 3 Local government revenue-raising authority is currently substantially restricted by state statute and constitutional provisions, including the voter approved provisions of Proposition 13 of 1978, Proposition 218 of 1996, and Proposition 26 of 2010. The Taxpayer Protection and Government Accountability Act adds and expands restrictions on voters and local government tax and fee authority. FINANCIAL IMPACT The Taxpayer Protection and Government Accountability Act will take billions of dollars away from local government services statewide. An assessment of the initiative’s financial and program impacts on local governments is attached as Exhibit 2. CLIMATE IMPACT Staff has determined this action will have no significant impact on the Town’s contribution to global climate change. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council adopt a resolution (Exhibit 1) opposing Initiative No. 21-0042A1, the Taxpayer Protection and Government Accountability Act. Exhibit(s): 1. Draft Resolution 2. Fiscal and Program Impacts of Initiative 21-0042A1 on Local Governments 3. Marin County Council of Mayors and Councilmembers Opposition Letter Prepared By: Lea Dilena, Town Clerk EXHIBIT 1 Page 1 of 1 Town Council Resolution No. XX-2024 March 20, 2024 RESOLUTION NO. XX-2024 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON OPPOSING INITIATIVE 21-0042A1 WHEREAS, an association representing California’s wealthiest corporations and developers is spending millions to push a deceptive proposition aimed for the November 2024 statewide ballot; and WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and WHEREAS, the measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure and our environment; and WHEREAS, the measure may make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and WHEREAS, the measure puts billions of dollars currently dedicated to local services at risk and could force cuts to fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more; and THEREFORE, BE IT RESOLVED that the Town of Tiburon opposes Initiative 21-0042A1; BE IT FURTHER RESOLVED, that the Town of Tiburon will join the No on Initiative 21- 0042A1 coalition, a growing coalition of public safety, education, labor, local government, and infrastructure groups throughout the state and directs staff to email a copy of this adopted resolution to the League of California Cities at BallotMeasures@calcities.org. PASSED, APPROVED, AND ADOPTED this 20th day of March, 2024, by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: LEA DILENA, TOWN CLERK EXHIBIT 2 CaliforniaCityFinance.Com Fiscal and Program Effects of Initiative 21-0042A1 on Local Governments If Initiative 21-0042A1 is placed on the ballot and passed by voters, it will result in: Over $20 billion of local government fee and charge revenues over 10 years placed at heightened legal peril. Related public service reductions across virtually every aspect of city, county, special district, and school services especially for drinking water, sewer sanitation, and public health and safety. About $2 billion of revenues each year from fees and charges adopted after January 1, 2021 subject to legal peril.1 Over $2 billion dollars of annual revenues from dozens of tax measures approved by voters between January 1, 2022 and the effective date of the act2 subject to additional voter approval if not in compliance with the initiative. Indeterminable legal and administrative burdens and costs on local government from new and more empowered legal challenges, and bureaucratic cost tracking requirements. The delay and deterrence of municipal annexations. Substantially higher legal and administrative cost of public infrastructure financing which will delay and deter new residential and commercial development. Service and infrastructure declines including in fire and emergency response, law enforcement, public health, drinking water, sewer sanitation, parks, libraries, public schools, affordable housing, homelessness prevention and mental health services. 1. Local Government Taxes and Services Threatened With regard to taxes, Initiative 21-0042A1: Prohibits advisory, non-binding measures as to use of tax proceeds on the same ballot. o Voters may be less informed and more likely to vote against measures. Eliminates the ability of special tax measures proposed by citizen initiative to be enacted by majority voter approval (Upland).3 o Because the case law regarding citizen initiative special taxes approved by majority vote (Upland) is so recent, it is unknown how common these sorts of measures might be in the future. This initiative would prohibit such measures after the effective date of the initiative. Any such measures adopted after January 1, 2022 through the effective date of the Act should it pass would be void a year after the effective date of the initiative. Requires that tax measures include a specific duration of time that the tax will be imposed. This seems to require that all tax increases or extensions contain a sunset (end date). o This would require additional tax measures to extend previously approved taxes. A city charter may not be amended to impose, extend, or increase a tax might interfere with the ability of cities that do not already have such authority in their charters to adopt Property Transfer Taxes. o There are no more than a few of these every few years, but it is a valuable tax for those that adopt it. 1 Assumes fee increases since January 1, 2022 would be subject to possible legal challenge if not adopted in compliance with the Initiative. 2 The effective date of the initiative would be sometime in December 2024, the date the California Secretary of State certifies the election results of the November 5, 2024 election. 3 Unlike the initiative 17-0050, this initiative does not eliminate that ability of cities and counties to adopt general taxes by majority voter approval. 2217 Isle Royale Lane • Davis, CA • 95616-6616 Phone: 530.758.3952 • Fax: 530.758.3952 Rev. January 14, 2023 – 2 – rev January 14, 2023 CaliforniaCityFinance.com Requires that a tax measure adopted after January 1, 2022 and before the effective date of the initiative that was not adopted in accordance with the measure be readopted in compliance with the measure or will be void twelve months after the effective date of the initiative. o If past election patterns and elections in 2022 are an indication, over 200 tax measures approving more than $2 billion annual revenues to support local public services would not be in compliance and would be subject to reenactment. Most will be taxes without a specific end date and special taxes (including parcel taxes). Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, the measures would each require declaration of emergency and unanimous vote of the governing board to be placed on a special election ballot within a year for approval or the tax will be void after that date. I would expect most to succeed, but some will not, in particular citizen initiative majority vote special taxes which would have to meet a higher voter approval threshold to continue. Requires voter approval to expand an existing tax to new territory (annexations). This would require additional tax measures and would deter annexations and land development in cities. o If a tax is "extended" to an annexed area without a vote after January 1, 2022, it will be void 12 months later until brought into compliance. Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, such extensions would each require unanimous vote of the agency board to be placed on a special election ballot or would be void a year later. 1.a. Number of Measures and Value of Local Taxes at Risk4 Over a hundred local measures were approved in 2022 that likely do not comply with the provisions of Initiative 21-0042A1. Nearly $2 billion of annual revenues from these voter approved measures will cease a year after the effective date of the measure, reducing the local public services funded by these measures. We can expect a similar volume of measures in 2024 and a similar volume of non-compliance. So the combined total of annual local funding directly affected by Initiative 21-0042A1 due to its retroactivity provision is about $4 billion. Citizen Initiative Special Taxes in 2022. Special taxes placed on the ballot by citizen initiative and approved after January 1, 2022 by a majority but less than two-thirds of the voters are out of compliance with Initiative 21-0042A1. On June 7, 2022, there were three local special tax measures placed on the ballot by citizen initiative. Two failed to get majority voter approval. A one percent transactions and use tax (sales tax) for the John C. Fremont Healthcare District in Mariposa County received 69.6 percent approval, over the two thirds needed for any special tax under California Constitution Article XIIIC. So this measure was passed in compliance with Initiative 21- 0042A1. On November 8, 2022, there were 14 local special taxes placed on the ballot by citizen initiative. Seven of these 4 Source: Compilation and summary of data from County elections offices. June 2022 Initiative Special Taxes - majority voter approval Agency Name County Tax/Fee Rate Estimated Annual Revenue Use Sunset YES% John C. Fremont Healthcare District Mariposa Measure N Transactions & Use Tax 1 cent $ 150,000 hospital 40yrs 69.6%PASS County of Kings Kings Measure F Transactions & Use Tax 1/2 cent $ 11,700,000 fire none 37.6%FAIL Manhattan Beach USD Los Angeles Measure A School Parcel Tax $1095/yr $ 12,000,000 schools 12yrs 31.2%FAIL – 3 – rev January 14, 2023 CaliforniaCityFinance.com measures failed with less than majority voter approval. The other seven measures received majority, but less than two-thirds, voter approval. These measures passed under current law but are out of compliance with Initiative 21- 0042A1. Taken together these seven taxes will provide estimated annual revenues of from $900,000 to $1.4 billion in support of parks and recreation, zoo, library, affordable housing, transportation, homelessness prevention, and schools in these communities. Non-Specific Tax Durations in 2022 Voters approved 106 measures in June 2022 (10) and November 2022 (96) that do not provide a specific duration of time that the tax will be imposed (end date). Typically, the ballot titles for these measures state that the tax would be imposed “until ended by voters.” Four of these measures also did not include any estimate of the annual revenues that the tax would generate, another violation of initiative 21-0042A1. Taken together, these approved local measures generate $561 million per year that will expire a year after the effective date of the initiative if Initiative 21-0042A1 passes. November 2022 Initiative Special Taxes - majority voter approval Agency Name County Tax/Fee Rate Estimated Annual Revenue Use Sunset YES% Crockett Community Services District Contra Costa Measure L Parcel Tax $50/parcel $ 60,000 parks/recr none 62.8%PASS Oakland Alameda Measure Y Parcel Tax $68/parcel $ 12,000,000 zoo 20yrs 62.5%PASS County of Mendocino Measure O Transactions & Use Tax 1/8 cent then 1/4 cent in 2027 $ 4,000,000 library none 60.8%PASS Los Angeles Los Angeles Measure ULA Property Transfer Tax 4% if >$5m, 5.5% if >$10m $600 m to $1.1 b affordable housing none 57.3%PASS County of Sacramento Measure A Transactions & Use Tax same 1/2 cent $ 212,512,500 transportati on 40yrs 55.3%PASS San Francisco Proposition M Business Operations Tax $2500-$5000/ vacant resid unit $ 20,000,000 housing 30yrs 54.5%PASS Santa Monica Los Angeles Measure GS Property Transfer Tax $56/$1000 if >$8m $ 50,000,000 schools, homelessne ss, afford. housing none 53.3%PASS Total $900,000 to $1.4 billion Agency Name County Tax/Fee Rate Estimated Annual Revenue Use Sunset YES% County of Calaveras Measure A Transactions & Use Tax 1 cent $ 5,000,000 fire none 49.4%FAIL South San Francisco (for Schools)San Mateo Measure DD School Parcel Tax $2.50/sf $ 55,900,000 schools none 47.2%FAIL County of Fresno (for CSU ) Measure E Transactions & Use Tax 1/5 ct, 1/40 ct (Reedley) $ 36,000,000 Calif State Univ 20yrs 46.9%FAIL Santa Cruz Santa Cruz Measure N Parcel Tax $6k/vacant SFU xxx vacant property xxx 44.2%FAIL County of Monterey Measure Q Parcel Tax $49/parcel $ 5,500,000 childcare 10yrs 41.1%FAIL San Francisco City College San Francisco Measure O School Parcel Tax $150/sfu $ 37,000,000 schools 10yrs 36.7%FAIL Morro Bay San Luis Obispo Measure B Parcel Tax $120+/parcel $ 680,000 harbor none 36.0%FAIL Inverness Public Utility District Marin Measure O Parcel Tax $0.20/sf, $150/vacant $ 276,000 fire none 27.0%FAIL – 4 – rev January 14, 2023 CaliforniaCityFinance.com Measures in 2022 with Non-Specific Durations Agency Name County Tax/Fee Rate Annual Revenue Use Sunset YES% Oakland Alameda Measure T Business Tax General various $ 20,900,000 none 71.4%PASS Culver City Los Angeles Measure BL Business Tax General various $ 10,000,000 none 60.5%PASS El Segundo Los Angeles Measure BT Business Tax General various $ 3,000,000 none 51.2%PASS Pico Rivera Los Angeles Measure AB Business Tax General various $ 5,800,000 none 75.5%PASS Santa Ana Orange Measure W Business Tax General various neutral none 64.8%PASS Tracy San Joaquin Measure B Business Tax General various $ 3,200,000 none 72.6%PASS Burlingame San Mateo Measure X Business Tax General various $ 2,500,000 none 75.1%PASS Los Gatos Santa Clara Measure J Business Tax General various $ 1,100,000 none 53.4%PASS Santa Clara Santa Clara Measure H Business Tax General $45/employee, $15/rental unit $ 6,000,000 none 59.5%PASS Brisbane San Mateo Measure O Business Tax lodging busn $2.50/rm/day $ 250,000 none 69.2%PASS East Palo Alto San Mateo Measure L Business Tax resid. rentals 2.5% grossRcpts $ 1,480,000 none 69.9%PASS County of Santa Cruz Unincorporated Measure C Busn Tax - disp cups 12.5cents/cup $ 700,000 none 68.2%PASS South Lake Tahoe El Dorado Measure G Busn Tax Cannabis 6% retail, manufacturing $ 950,000 none 62.9%PASS McFarland Kern Measure O Busn Tax Cannabis 8% of gross receipts retail, $ 1,800,000 none 63.5%PASS Avenal Kings Measure C Busn Tax Cannabis $25+/sf or 15% gr rcpts $ 600,000 none 61.8%PASS Baldwin Park Los Angeles Measure CB Busn Tax Cannabis 4% grossRcpts $ 300,000 none 51.3%PASS Claremont Los Angeles Measure CT Busn Tax Cannabis 4%-7% gr rcpts, $1- $ 500,000 none 61.1%PASS County of Los Angeles Unincorporated Measure C Busn Tax Cannabis 4% gross receipts retail, $ 15,170,000 none 60.1%PASS Cudahy Los Angeles Measure BA Busn Tax Cannabis 15% grossRcpts $ 3,600,000 none 54.0%PASS El Segundo Los Angeles Measure Y Busn Tax Cannabis 10% GrossRcpt, $ 1,500,000 none 72.8%PASS Hermosa Beach Los Angeles Measure T Busn Tax Cannabis 10% GrossRcpt, $ 1,500,000 none 67.6%PASS Lynwood Los Angeles Measure TR Busn Tax Cannabis 5%to10% $ 3,000,000 none 66.4%PASS Santa Monica Los Angeles Measure HM Busn Tax Cannabis 10% gross Rcpts $ 5,000,000 none 66.4%PASS South El Monte Los Angeles Measure CM Busn Tax Cannabis 6% special excise tax on $ 126,000 none 53.7%PASS Monterey Monterey Measure J Busn Tax Cannabis 6% grossRcpt $ 1,300,000 none 65.2%PASS Pacific Grove Monterey Measure N Busn Tax Cannabis 6% grossRcpt $ 300,000 none 70.8%PASS Huntington Beach Orange Measure O Busn Tax Cannabis 6% retail, 1% other $ 600,000 none 54.7%PASS – 5 – rev January 14, 2023 CaliforniaCityFinance.com Notes ?= Ballot measure title did not include an estimate of annual revenues, also not in compliance with Initiative 21-0042A1. n/a*= Arcadia Measure SW passed but sports betting remains illegal after the failure of Propositions 26 and 27 on the November statewide ballot. Measures in 2022 with Non-Specific Durations Agency Name County Tax/Fee Rate Annual Revenue Use Sunset YES% Laguna Woods Orange Measure T Busn Tax Cannabis 4%-10% of gross receipts $ 750,000 none 61.1%PASS Corona Riverside Measure G Busn Tax Cannabis 9% of gross receipts for $ 5,000,000 none 61.6%PASS Montclair San Bernardino Measure R Busn Tax Cannabis 7% grossRcpts $ 3,500,000 none 70.3%PASS County of San Diego Unincorporated Measure A Busn Tax Cannabis 6% retail, 3% distribution, $ 5,600,000 none 57.4%PASS Encinitas San Diego Measure L Busn Tax Cannabis 4% to 7% of gross receipts $ 1,400,000 none 65.1%PASS Healdsburg Sonoma Measure M Busn Tax Cannabis 8% grossRcpt $ 500,000 none 72.7%PASS Exeter Tulare Measure B Busn Tax Cannabis 10% retail and other, $10/sf ? none 66.5%PASS Tulare Tulare Measure Y Busn Tax Cannabis 10% retail and other, $10/sf ? none 65.2%PASS Woodland Yolo Measure K Busn Tax Cannabis 10% grossRcpts ? none 66.2%PASS Redlands San Bernardino Measure J Busn Tax Distrib centers from $0.047/sf to $0.105/sf $ 530,000 none 53.5%PASS Arcadia Los Angeles Measure SW Busn Tax Sports Betting 5% grossRcpts n/a* none 63.9%PASS Albany Alameda Measure K ParcelTax $0.074+/sf $ 1,950,000 fire/EMS none76.0%PASS Cameron Park Airport District El Dorado Measure J ParcelTax by $600 to $900/parcel $ 117,900 airport/ streets none 78.2%PASS Highlands Village Lighting Benefit Zone El Dorado Measure L ParcelTax $140+/parcel $ 10,920 streets none 86.3%PASS Knolls Property Owners CSD El Dorado Measure P ParcelTax by $300+ to $600+/parcel $ 8,400 streets none 75.5%PASS Sundance Trail Zone of Benefit El Dorado Measure C ParcelTax $600+/yr $ 24,000 roads none 73.2%PASS South Pasadena Los Angeles Measure LL ParcelTax xxx ? library none 86.2%PASS River Delta Fire District Sacramento Measure H ParcelTax $90/yr $ 130,000 fire none 72.1%PASS Emeryville Alameda Measure O PropTransfTax $15/$1000 if $1m-$2m, $ 5,000,000 none 71.6%PASS San Mateo San Mateo Measure CC PropTransfTax by 1% to 1.5% if >$10m $ 4,800,000 none 71.8%PASS Alameda Alameda Measure F TOT by 4% to 14% $ 910,000 none 59.2%PASS Clovis Fresno Measure B TOT by 2% to 12% $ 500,000 none 69.7%PASS Kerman Fresno Measure G TOT 10% $ 40,000 none 62.3%PASS Trinidad Humboldt Measure P TOT by 4% to 12% $ 65,000 none 77.6%PASS Imperial Imperial Measure G TOT by 4% to 12% $ 600,000 none 56.2%PASS Arcadia Los Angeles Measure HT TOT by 2% to 12% $ 730,000 none 54.1%PASS Santa Monica Los Angeles Measure CS TOT by 1%, 3% home shares $ 4,100,000 none 73.7%PASS – 6 – rev January 14, 2023 CaliforniaCityFinance.com Measures in 2022 with Non-Specific Durations Agency Name County Tax/Fee Rate Annual Revenue Use Sunset YES% Anaheim Orange Measure J TOT online travel companies $ 3,000,000 none 59.2%PASS La Palma Orange Measure P TOT by 4% to 12% $ 200,000 none 71.1%PASS Colfax Placer Measure B TOT by 2% to10% $ 29,000 none 73.5%PASS Rocklin Placer Measure F TOT by 2% to 10% $ 300,000 none 59.8%PASS Roseville Placer Measure C TOT by 4% to 10% $ 3,000,000 none 73.0%PASS Big Bear Lake San Bernardino Measure P TOT by 2% to 10% $ 1,300,000 none54.4%PASS Grand Terrace San Bernardino Measure M TOT new 10% $ 250,000 none 51.9%PASS Yucca Valley San Bernardino Measure K TOT by 5% to 12% $ 1,300,000 none 71.9%PASS Imperial Beach San Diego Measure R TOT by 4% to 14% $ 400,000 none 67.4%PASS El Paso de Robles San Luis ObispoMeasure F TOT by 1% to 11% $ 750,000 none 61.2%PASS Belmont San Mateo Measure K TOT by 2% to 14% $ 600,000 none 79.3%PASS Millbrae San Mateo Measure N TOT by 2% to 14% $ 1,500,000 none 75.8%PASS County of Humboldt Unincorporated Measure J TOT by 2% to 12% $ 3,080,000 none 63.3%PASS County of Placer - North Tahoe TOT Area Measure A TOT by 2% to 10% $ 4,000,000 none 90.0%PASS County of Santa Cruz Unincorporated Measure B TOT by 1% to 12% $ 2,300,000 none 69.2%PASS County of El Dorado - East Slope Tahoe Measure S TOT 2/3 by 4% to 14% $ 2,500,000 none 81.8%PASS Chico Butte Measure H TrUT 1 cent $ 24,000,000 none 52.4%PASS Mendota Fresno Measure H TrUT 1.25 cent $ 493,498 none 57.2%PASS Blue Lake Humboldt Measure R TrUT 1 cent $ 30,000 none 55.4%PASS Rio Dell Humboldt Measure O TrUT 3/4cent $ 400,000 none 53.3%PASS County of Kern unincorporated areas Measure K TrUT 1 cent $ 54,000,000 none 50.8%PASS McFarland Kern Measure M TrUT 1 cent $ 579,662 none 62.2%PASS Tehachapi Kern Measure S TrUT 1 cent $ 4,000,000 none 57.2%PASS Avenal Kings Measure A TrUT 1 cent $ 500,000 none 72.5%PASS Susanville Lassen Measure P TrUT 1 cent $ 1,750,000 none 54.7%PASS Baldwin Park Los Angeles Measure BP TrUT 3/4 cent $ 6,000,000 none 58.1%PASS Malibu Los Angeles Measure MC TrUT 1/2 cent $ 3,000,000 none 52.6%PASS Monterey Park Los Angeles Measure MP TrUT 3/4 cent $ 6,000,000 none 58.5%PASS Torrance Los Angeles Measure SST TrUT 1/2 cent $ 18,000,000 none 55.0%PASS Larkspur Marin Measure G TrUT 1/4 cent $ 700,000 none 59.4%PASS Sand City Monterey Measure L TrUT by 1/2cent to 1.5cents $ 1,400,000 none 68.7%PASS Hemet Riverside Measure H TrUT same 1 cent $ 15,000,000 none 58.0%PASS Elk Grove Sacramento Measure E TrUT 1 cent $ 21,000,000 none 54.1%PASS Galt Sacramento Measure Q TrUT 1 cent $ 3,600,000 none 52.4%PASS Colton San Bernardino Measure S TrUT 1 cent $ 9,500,000 none 66.8%PASS Ontario San Bernardino Measure Q TrUT 1 cent $ 95,000,000 none 53.2%PASS Solana Beach San Diego Measure S TrUT 1 cent $ 3,000,000 none 66.7%PASS Brisbane San Mateo Measure U TrUT 1/2 cent $ 2,000,000 none 63.9%PASS Goleta Santa Barbara Measure B TrUT 1 cent $ 10,600,000 none 64.7%PASS Solvang Santa Barbara Measure U TrUT 1 cent $ 1,600,000 none 63.1%PASS – 7 – rev January 14, 2023 CaliforniaCityFinance.com Co-temporal Advisory Measures in 2022 At the November 2022 election, there was just one local general tax measure that was accompanied by an advisory measure as to the use of funds. The City of Santa Monica’s Measure DT property transfer tax failed with just 34 percent approval as voters instead chose the citizen initiative Measure GS. There was also just one such tax use advisory measure on the June 2022 election. Susanville’s voters passed Measure P, a 1 percent transactions and use (sales) tax that generates $1.75 million per year5 for general city services. The measure was accompanied by advisory Measure Q, accompanied the city’s It asked, “If Measure P passes, should the revenues be used to balance the budget to maintain and enhance existing public safety services (police and fire), and provide funding to support street infrastructure improvements and provide funding to support economic development efforts designed to increase businesses, jobs and visitors to Susanville?” Both measures passed. Under Initiative 21-0042A1, the tax will expire a year after the effective date of the initiative (i.e., in December 2025). 1.b. Additional Costs and Public Service Effects of the Tax Provisions Assuming a similar volume of local measures through 2024 as we saw in 2022, there will be over 200 local measures that will need to be redrafted to comply with the Initiative and placed back on the ballot for the taxes to continue after December 2025. The costs of re-drafting, re-placing and re-voting on these measures, previously legally approved by voters, will be in the tens of millions in total statewide. 2. “Exempt Charges” (fees and charges that are not taxes) and Services Threatened With regard to fees and charges adopted after January 1, 2022, Initiative 21-0042A1: Subjects new fees and charges for a product or service to a new "actual and reasonable test." Subjects fees and charges for entrance to local government property; and rental and sale of local government property to a new, undefined, “reasonable” test. Allows legal challenge to any tax adopted before the effective date of the initiative and after January 1, 5 The Susanville measure also did not include a specific end date and so is included in the list and totals of those measures. Measures in 2022 with Non-Specific Durations Agency Name County Tax/Fee Rate Annual Revenue Use Sunset YES% Watsonville Santa Cruz Measure R TrUT 1/2 cent $ 5,000,000 none 64.4%PASS Vallejo Solano Measure P TrUT 7/8 cent $ 18,000,000 none 54.7%PASS Modesto Stanislaus Measure H TrUT 1 cent $ 39,000,000 none 62.8%PASS County of Colusa Measure A TrUT 2/3 1/2 cent $ 2,400,000 EMS none 69.4%PASS Atwater Merced Measure B TrUT 2/3 same 1 cent $ 4,000,000 police/fire none 73.7%PASS Truckee Nevada Measure U TrUT 2/3 by 1/4 cent to 1/2 cent $ 3,000,000 open space / trails none 76.4%PASS Palo Alto Santa Clara Measure L UtilityTransfer 18% gas $ 7,000,000 none 77.7%PASS Santa Clara Santa Clara Measure G UtilityTransfer 5 % $ 30,000,000 none 84.2%PASS Hercules Contra Costa Measure N UUT 8% $ 3,600,000 none 69.3%PASS Carson Los Angeles Measure UU UUT 2% electr, gas $ 8,000,000 none 78.4%PASS Sebastopol Sonoma Measure N UUT 3.75% (same) $ 700,000 none 83.5%PASS – 8 – rev January 14, 2023 CaliforniaCityFinance.com 2022. Such a lawsuit could enjoin (stop) the enactment of the tax pending the outcome of the legal challenge. Subjects a challenged fee to new, higher burdens of proof if legally challenged. 2.a. Value on New Local Government Fees and Charges at Risk6 Virtually every city, county, and special district must regularly (e.g., annually) adopt increases to fee rates and charges and revise rate schedules to accommodate new users and activities. Most of these would be subject to new standards and limitations under threat of legal challenge. Based on the current volume of fees and charges imposed by local agencies and increases in those fees simply to accommodate inflation, the amount of local government fee and charge revenue placed at risk is about $2 billion per year including those adopted since January 1, 2022. Of $2 billion, about $900 million (45 percent) is for special districts, $800 million (40 percent) is cities, and $300 million (15 percent) is counties.7 Major examples of affected fees and charges are: 1. Certain water, sanitary sewer, wastewater, garbage, electric, gas service fees. 2. Nuisance abatement charges - such as for weed, rubbish and general nuisance abatement to fund community safety, code enforcement, and neighborhood cleanup programs. 3. Emergency response fees - such as in connection with DUI. 4. Advanced Life Support (ALS) transport charges. 5. Business improvement district charges. 6. Fees for processing of land use and development applications such as plan check fees, use permits, design review, environmental assessment, plan amendment, subdivision map changes. 7. Document processing and duplication fees. 8. Facility use charges, parking fees, tolls. 9. Fines, penalties. 10. Fees for parks and recreation services. 2.b. Additional Costs and Public Service Effects of the Fee/Charge Provisions In addition to service delays and disruptions due to fee and charge revenues placed at greater legal risk, there would be substantial additional costs for legal defense. The risk to fees and charges will make infrastructure financing more difficult and will deter new residential and commercial development. *********** mc 6 Source: California State Controller Annual Reports of Financial Transactions concerning cities, counties and special districts, summarized with an assumed growth due to fee rate increases (not population) of 2 percent annually. 7 School fees are also affected but the amount is negligible by comparison. EXHIBIT 3 BELVEDERE • CORTE MADERA • FAIRFAX LARKSPUR • MILL VALLEY • NOVATO SAN ANSELMO • SAN RAFAEL ROSS • SAUSALITO • TIBURON MARIN COUNTY COUNCIL OF MAYORS & COUNCILMEMBERS May 12, 2023 Bismarck Obando Director of Public Affairs, League of California Cities 1400 K Street, Suite 400 Sacramento, CA 95814 Letter Opposing Initiative 21-0042A1 Dear Mr. Obando, The Marin County Council of Mayors and Council members (MCCMC) opposes Initiative 21- 0042A1, a deceptive, developer-sponsored proposition aimed for the November 2024 statewide ballot that would significantly jeopardize cities’ ability to provide essential services and infrastructure for our residents. The measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and projects and would limit voter input by prohibiting local advisory measures where voters can express a preference on how they want their local tax dollars spent. This measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including impacts on local infrastructure and our environment. This measure also may make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods. Unless defeated, the measure puts billions of dollars currently dedicated to local services at risk, and could force cuts to fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more. The measure benefits wealthy corporations and real estate developers while decimating our local communities and neighborhoods. You may list MCCMC in formal opposition to Initiative #21-0042A1 and include our organization as part of the growing coalition of public safety, labor, local government, infrastructure advocates, and other organizations throughout the state opposed to this deceptive proposition. Reply to: Alice Fredericks Chair, Legislative Committee MCCCMC Tiburon Town Hall 1505 Tiburon Blvd Tiburon, CA 94920 MARIN COUNTY COUNCIL OF MAYORS & COUNCILMEMBERS Respectfully, Alice Fredericks, Chair Legislative Committee Marin County Council of Mayors and Council Members CC: Senator Mike McGuire Assemblymember Damon Connolly Nancy Hall-Bennett, Regional Public Affairs Manager, North Bay Division (via email: nbennett@calcities.org) League of California Cities (Via email: cityletters@calcities.org) David Jones, Emanuels Jones, david@emanulesjones.com TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Clerk Subject: Heritage & Arts Commission Appointments Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY Tonight the Town Council will consider making reappointments of Heritage & Arts Commissioners who seek another term or appointing new applicants to the open seats. RECOMMENDED ACTION(S) 1. Consider reappointment of Heritage & Arts Commissioners whose terms have expired. 2. Consider appointment of new applicants to the open seats. 3. Direct staff to continue accepting applications for any open seats that remain vacant. BACKGROUND Per Town Council Resolution No. 16-2007 (Appointments Procedure), the Town Council announces the pending vacancies on Town boards, commissions and committees for the coming year each January, invites new applicants to apply for the seats, and makes the appointments to fill the pending vacancies at the first regular meeting in March. In considering appointments to boards and commissions, the Council gives equal consideration to new applicants and incumbents seeking another term and does not make any appointment to a board or commission until all interested applicants have interviewed for the position(s). On March 6, the Town Council made various appointments to Town boards and commissions but was not able to complete appointments to the Heritage & Arts Commission due to one additional interview of a new applicant being scheduled for tonight. ANALYSIS Three terms on the Heritage & Arts Commission expired on 2/28/24, and all three incumbents (Trish Ferrin, Arjun Gupta, and Nora Noguez) seek reappointment to the Commission. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting March 20, 2024 Agenda Item: AI-1 Town Council Meeting March 20, 2024 TOWN OF TIBURON PAGE 2 OF 2 Additionally, the Council has also interviewed two new applicants for the positions: Theresa Coleman (Exhibit 1) and Liz Feibusch (Exhibit 2). A summary of possible actions is provided in the figure below: Reappoint Incumbent(s) And/or Heritage & Arts Commission (Make 3 appointments) Trish Ferrin Arjun Gupta Nora Noguez Consider New Applicants: Theresa Coleman Liz Feibusch If the Council is not ready to make any of the above appointments, the Council may direct staff to reopen the application period and accept applications from additional applicants. 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 Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council: 1. Consider reappointment of Heritage & Arts Commissioners whose terms have expired. 2. Consider appointment of new applicants to any open seats. 3. Direct staff to continue accepting applications for any open seats that remain vacant. Exhibit(s): 1. Theresa Coleman Application Materials 2. Liz Feibusch Application Materials Prepared By: Lea Dilena, Town Clerk EXHIBIT 1 EXHIBIT 2 Page 1 of 2 Form: ŽĂƌĚ͕ŽŵŵŝƐƐŝŽŶ͕ŽŵŵŝƚƚĞĞƉƉůŝĐĂƚŝŽŶ (rev. 03.2023) Town of Tiburon Department of Administrative Services 1505 Tiburon Boulevard Tiburon, California 94920 (415) 435-7373 www.townoftiburon.org BOARD, COMMISSION, OR COMMITTEE APPLICATION The Town considers appointments to its various boards, commissions, and committees throughout the year due to term expirations and unforeseen vacancies. In its effort to broaden participation by local residents in Tiburon’s local governmental process and activities, the dŽǁŶ needs to know your interest in serving the Town in some capacity. Instructions Please indicate your specific areas of interest and special skills or experience by completing this form and returning it to Town Hall with a resume. /ŶƚĞƌǀŝĞǁƐĂƌĞƐĐŚĞĚƵůĞĚŽŶĂŶĂƐͲŶĞĞĚĞĚďĂƐŝƐ ƉĞƌŝŽĚŝĐĂůůLJƚŚƌŽƵŐŚŽƵƚƚŚĞLJĞĂƌ͘zour application will remain at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Please return this form to: Town of Tiburon Tiburon Town Clerk 1505 Tiburon Boulevard Tiburon, CA 94920 Applicant Name & Information Full Name: Date: Address: Street Address Apartment/Unit # City State Zip Phone: Email: Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized as part of Town Council meeting materials. ůŝnjĂďĞƚŚ;>ŝnjͿ&ĞŝďƵƐĐŚ :ĂŶ͘ϯϬ͕ϮϬϮϰ dŝďƵƌŽŶ ϵϰϵϮϬ Page 2 of 2 Form: ŽĂƌĚ͕ŽŵŵŝƐƐŝŽŶ͕ŽŵŵŝƚƚĞĞƉƉůŝĐĂƚŝŽŶ (rev. 03.2023) Areas of Interest Please indicate your areas of interest in numerical order: Parks, Open Space & Trails Commission Bel-Tib Joint Recreation Board Disaster Advisory Council Commission on Aging Planning Commission Design Review Board Heritage & Arts Commission Bel-Tib Library Board ĨĨŽƌĚĂďůĞ,ŽƵƐŝŶŐ Building Code Appeals Board Why did you select your area(s) of interest? 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Collaborative, detail-oriented and empathetic leader who enjoys collaborating with teams to create award-winning, revenue-generating campaigns. WORK EXPERIENCE Shipt (Target Corporation)•San Francisco CA •Full-time •01/2019 - 06/2022 Director Of Brand & Product Marketing • Achieved a 300% increase in marketplace subscriptions in 2020, while launching enhanced technicalcapabilities to add more retailers, such as Platform (Target.com delivery) • Led full-scale product launch support for 20 app updates, generating $500,000 GMV from one email(KPI example) • Led continuous brand health tracking and delivered seasonally-focused C-level updates,contributing to an 8% growth in unaided brand awareness and doubling aided awareness. • Ran quarterly consumer insights survey studies to pulse market conditions e.g. COVID, shoppingbehavior, and seasonal forecasting for creative campaigns and product roadmaps Senior Brand & Product Marketing Manager • Developed corporate brand messaging and positioning guidelines in 6 months • Optimized product and CRM messaging and creative flow based on post-COVID audiencesegmentation findings Brand & Product Marketing Manager • Created and refined 4 core marketing personas in 8 months to be used for segmentation, mediaplanning, and corporate strategy • Established streamlined internal creative brief processes and toolkit to efficiently launch productfeatures in as soon as 3-6 weeks Noble House Spice •Marin CA •Part-time •06/2017 - 06/2018 Brand & Product Marketing Strategist • Developed strategy plan to launch new product line to D2C (Amazon) consumers, including onlinesurveys and competitive analysis Catalyst SF •San Francisco CA •Part-time •08/2017 - 06/2018 Brand & Product Marketing Strategist • Conducted a national online survey of 800 respondents and in-person focus groups for Walter Drakeonline retailer to streamline product mix and merchandising strategy. SHIFT Communications •San Francisco CA •Full-time •11/2014 - 07/2016 Integrated marketing, PR, strategy, and campaign lead for : Green Chef, Sierra Nevada, Whole Foods Market/365 by Whole Foods, Orchard Supply Hardware, Pacific Gas & Electric Co Consumer Goods & Retail PR/Marketing Lead • Led GTM launch for : Green Chef's vegan meal kit delivery service (2016) resulting in 20% increase inSOV within 60 days (company acquired by HelloFresh in March 2018) •Led event marketing and media campaigns for 30 Orchard Supply Hardware store openings,garnering 10MM impressions through traditional and influencer outreach HKA Marketing Communications •Orange County CA •Full-time •02/2012 -06/2014 Managed integrated communications programs for local and national clients in food and beverage, professional services, and nonprofit, including : Farmer Brothers Coffee, San Luis Sausage, Xan Confections, Susan G. Komen Consumer Goods & Retail PR/Marketing Lead •Led creative concepting and celebrity talent acquisition for Komen end-of-year holiday videocampaign, which raised $400,000 in critical funds for breast health care ABI Marketing (Finn Partners)•New York NY •Full-time •03/2009 -01/2012 Clients included : Eastman Chemical, Sherwin Williams, Georgia-Pacific PR/Marketing Manager •Increased Eastman's profile and global sales within automotive industry by 20% after partnering withFord Motors and BASF on case study insights series Coburn Communications •09/2008 -03/2009 Clients included: Del Monte Foods and Everyday with Rachel Ray magazine PR/Marketing Account Executive •Launched Del Monte Foods SuperFruit brand in earned media, resulting in 10MM+ impressions inWoman's Day, Good Housekeeping, mom blogs, and more Hanna Lee Communications •12/2006 -09/2008 PR Account Executive •Sold 500k cases in first year of Sobieski Vodka's launch with "Truth in Vodka" campaign & securedmulti-year partnership with Madison Square Garden. EDUCATION MBA in Marketing & Data Analytics University Of San Francisco •San Francisco •12/2018 Bachelor's in Journalism/Mass Communication; Fine Arts New York University •New York •12/2006 VOLUNTEERING & LEADERSHIP SF Marin Food Bank Young Professional Council - Founding Board Member •San Francisco, CA •09/2023 - Present AWARDS & SCHOLARSHIPS “Honorable Mention: Press Event/Media Tour” (Sierra Nevada Beer Camp Across America) Ragan PR Daily •10/2016 “PROTOS Award of Excellence (Creative Tactic/Stunt/Event)” (Komen Orange County) OC/PRSA •12/2013 “Honorable Mention: Consumer Campaign of the Year” (Sobieski Vodka) PRWeek •10/2008 SKILLS Brand Awareness, Brand Health Tracking, Brand Messaging, Consumer Research, Content Strategy, Creative Brief, Integrated Marketing, Marketing Campaigns, Marketing Planning, Market Research, Product Launch, Product Marketing, Strategic Planning TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Clerk Subject: Diversity Inclusion Task Force Vice Chair Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Town Council will consider appointing a Vice Chair to the Diversity Inclusion Task Force. RECOMMENDED ACTION(S) 1. Appoint a Vice Chair to the Diversity Inclusion Task Force. BACKGROUND Per the Diversity Inclusion Task Force governing resolution and bylaws, the Council should appoint a Chair and Vice Chair of the task force to serve for a 1-year term. According to the governing resolution, the Chair should be a member of the Town Council. At the March 6 Town Council meeting, Vice Mayor Thier was appointed as Chair. At that meeting, the Council indicated they would like to hear from the at-large members of the task force if any of them would be interested in the Vice Chair position prior to making the appointment. At the March 13 Diversity Inclusion Task Force meeting, all current at-large members indicated they would be interested in serving as Vice Chair. ANALYSIS No further analysis provided. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town. CLIMATE IMPACT TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting March 20, 2024 Agenda Item: AI-2 Town Council Meeting March 20, 2024 TOWN OF TIBURON PAGE 2 OF 2 Staff has determined this action will have no significant impact on the Town’s contribution to global climate change. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council appoint a Vice Chair to the Diversity Inclusion Task Force. Prepared By: Lea Dilena, Town Clerk TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Public Works – Administration & Engineering Subject: Consider Appointing One Council Member to the Consultant Selection Committee for the Transportation & Infrastructure Study Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY Town Council to consider appointing one council member to the Transportation & Infrastructure Study Consultant Selection Committee (Committee) to assist staff in reviewing the proposals and participate in consultant interviews. RECOMMENDED ACTION(S) 1. Appoint one Council member to the Consultant Selection Committee. BACKGROUND The Tiburon Town Council at their January 17, 2024 meeting approved a Request for Proposals (RFP) for consulting services to evaluate the existing Transportation & Infrastructure along State Route 131 (Tiburon Boulevard) and create a comprehensive “roadmap” for the Town to consider recommended changes to the transportation network. Town Staff published the solicitation on February 9, 2024 which included the following selection timeline: February 9, 2024: Solicitation Published February 23, 2024: Questions from Consultants Due to Town by 5:00PM February 29, 2024: Provide Answers to Questions by Addendum March 20, 2024: Proposals Due at 2:00PM April 1-4, 2024: Interviews with Firms April 17, 2024: Finalize Recommendation to Council to Award April 22, 2024: Execute Contract and Issue Notice to Proceed ANALYSIS Staff is recommending the Town Council appoint one council member to a Selection Committee to assist staff in reviewing the proposals and participate in consultant interviews. Staff will also recommend the POST Commission consider appointing one Commissioner to the same TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting March 20, 2024 Agenda Item: AI-3 Town Council Meeting March 20, 2024 TOWN OF TIBURON PAGE 2 OF 2 Committee at their March 28, 2024 meeting. Staff believes that the Committee comprised of a Town Council member, a POST Commissioner and staff will help facilitate in selecting the consultant with the best qualifications to complete the work detailed in the Request for Proposal attached as Exhibit 1. CLIMATE IMPACT Staff anticipates no direct impact to the Town. FISCAL IMPACT The FY2023-24 CIP budget includes funding in the Annual Pavement Preservation Program to cover the cost of the study, with the source of funds being American Rescue Plan funds. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council: 1. Appoint one Council member to the Consultant Selection Committee. Exhibit(s): 1. Request for Proposal Prepared By: Greg Chanis, Town Manager David O. Eshoo, Engineering Manager EXHIBIT 1 Town of Tiburon Request for Proposals TRANSPORATION & INFRASTRUCTURE STUDY Responders to this Request for Proposals (RFP) must deliver one signed original, three (3) copies and one electronic copy of the proposal. Proposal Submission Deadline: March 13, 2024, at 2:00 P.M. Submit Proposal to: David O. Eshoo, Engineering Manager Department of Public Works Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 REGISTERING YOUR EMAIL ADDRESS FOR QUESTIONS CONCERNING THIS REQUEST FOR PROPOSAL: Potential respondents who want to receive changes, additions, and deletions to the RFP, as well as a copy of all the questions and responses by the Town of Tiburon, should register online by following the link on the Town website. The link to open RFPs is at the following website: http://townoftiburon.org/349/Bids-RFPs 2 TABLE OF CONTENTS REQUEST FOR PROPOSAL ...............................................................................3 BACKGROUND AND OBJECTIVE ...................................................................3 RECORDS & REPORTS ......................................................................................3 SCOPE OF PROPOSAL ........................................................................................4 ADA COMPLIANCE AND ACKNOWLEDGEMENT .......................................6 COMPENSATION FOR SERVICES (FEE) .........................................................6 EVALUATION CRITERIA AND SELECTION PROCEDURES .......................6 GENERAL CONDITIONS FOR PROPOSALS ...................................................6 SUBMISSION OF PROPOSALS ..........................................................................7 PROPOSAL DOCUMENTS .................................................................................7 EVALUATIONS OF PROPOSALS AND AWARD OF CONTRACT ...............9 PRICE TO REMAIN VALID ................................................................................9 AMENDMENT OR CANCELLATION OF THE RFP ........................................9 PROPOSAL MODIFICATIONS...........................................................................9 PROPOSAL PREPARATION COSTS .................................................................9 THIS SOLICAITION IS NOT A CONTRACT ....................................................9 SEQUENCING AND SCHEDULING ..................................................................9 LEGAL TERMS ..................................................................................................10 PROPOSAL DOCUMENTS ...............................................................................11 Attachments ........................................................................................................16 3 REQUEST FOR PROPOSAL The Town of Tiburon invites sealed responses to this Request For Proposal (RFP), to conduct a Transportation Study and Analysis for the Town of Tiburon. The purpose of this solicitation is for the Town of Tiburon to select one (1) Professional Engineering and/or Transportation Engineering Firm (hereafter referred to as “Firm”) that provides the best technical experience, best price, and responsiveness as selected by Town Staff. The Firm selected will work with Town Staff to finalize a scope and negotiate a contract to carry out the mutually agreed upon scope. BACKGROUND AND OBJECTIVE The objective of this solicitation is to solicit a firm to review and evaluate existing and future needs of the transportation network along State Route 131 (Tiburon Boulevard), Trestle Glen Boulevard and Paradise Drive within Town limits, and to identify strategies to reduce congestion and improve movement along State Route 131. It is noteworthy to understand that Tiburon Boulevard is a California State Highway. Not all recommendations may be acceptable and the selected Firm’s final recommendations on Tiburon Boulevard shall be approved by Caltrans prior to the Town’s adoption of the Plan. The result for this RFP is for the Town of Tiburon to identify and select a Firm to furnish all labor, materials, equipment, tools, services, skills, etc., required to complete the scope in a timely and professional manner. The Town will select one Firm for this RFP according to the following schedule. RFP Solicitation Schedule: February 9, 2024: Solicitation Published February 23, 2024: Questions Due by 5:00PM February 29, 2024: Provide Answers to Questions by Addendum March 13, 2024: Proposals Due at 2:00PM March 25-29, 2024: Interviews with Firms selected April 17, 2024: Finalize Recommendation to Council to Award April 22, 2024: Execute Contract and Issue Notice to Proceed These durations and dates are for information purposes only and the Town reserves the right to revise any of the durations and to terminate and/or to not initiate any and/or all of the solicitation steps. RECORDS & REPORTS The Town will require the Firm to maintain an original set of records on work performed including daily reports, testing reports, certifications, and any other documents as may be required in performance of this work. The Town will be provided a duplicate set of records, and upon request may require the Firm to provide specific records for the purpose of confirming Town records or use in litigation. 4 SCOPE OF PROPOSAL The Town of Tiburon is requesting an analysis of the existing and future needs of the transportation network along Tiburon Boulevard and arterial roadways within Town limits. The result of the analysis should be a comprehensive “roadmap” for the Town to make changes to the transportation network and in transportation infrastructure over the 5 years following the report, as well as outline the outlook for 5-20 years following the report. The transportation network & infrastructure to be analyzed shall include the following: • Tiburon Blvd from Blackfield Drive to Beach Road. • Trestle Glen Boulevard between Tiburon Boulevard and Paradise Drive. • Paradise Drive between Main Street and Trestle Glen Boulevard. • Traffic patterns around Reed Elementary School, Bel Aire Elementary School, Del Mar Middle School, and St.Hilary’s School during peak drop off and pick up times. • Potential effects of additional sidewalks, crosswalks and associated vehicular or pedestrian signaling infrastructure at all uncontrolled intersections along Tiburon Boulevard. For example, there has been a request by residents to install a crosswalk at the intersection of Gilmartin Drive and Tiburon Boulevard and sidewalk between Gilmartin Drive and San Rafael Avenue on the east side of Tiburon Boulevard. • Effects of the planned Caltrans 2020 SHOPP Paving Project along Tiburon Blvd that includes the addition of Class I, II and IV bike lanes between Highway 101 and Trestle Glen Blvd. • Effects of traffic on the Town’s transportation network with increased housing development as contemplated in the most recent Housing Elements for both the Town of Tiburon and City of Belvedere. • Effects of traffic on the Town’s transportation network from added efforts of Destination Tiburon to promote tourism and provide an assessment of whether further analysis of possible shuttle service from Blackie’s Pasture to Downtown is warranted. The scope of the work will be broken into the following phases: Phase 1 – Existing Conditions Phase I will include the collection of baseline transportation data. Proposals should include a detailed description of the quantity and type of data the Firm proposes to collect. In addition, it is expected that the Firm will review Town standards, procedures, plans, and previous traffic studies, and incorporate information from these reports into the new study as necessary or appropriate. Information reviewed shall include, but not be limited to, the following: 5 • 2016 Bicycle and Pedestrian Master Plan • 2040 Town of Tiburon General Plan • Existing timing and route information for all modes of Public Transportation • Existing time and route information for all area school bus systems • Existing bus system routes • Existing designated on-street and off-street bicycle routes • Caltrans and FHWA guidelines and standards as required. • 2013 Community Action to Reduce Traffic Report • Reed Union School District Safe Routes to School Data The firm will identify and make recommendations on policies and procedures and implementation of traffic flow and calming measures towards the general goals of reducing travel delays and congestion, and improving vehicular, bicycle and pedestrian flow and safety. The firm will endeavor to consider innovative approaches to reducing traffic congestion, including but not limited to the addition or modification of public transportation, methods of travel to local schools, and the location of cross walks, bike lanes, and parking facilities. Additionally, the selected Firm would be expected to conduct (2) community workshops and attend up to three (3) Town Council meetings to present results. Phase 2 – Immediate Recommendations Phase 2 will incorporate results of Phase 1 and develop a sequential action plan to address Town traffic issues which shall include, but not be limited to, the following: 1. Propose ways to reduce travel delays and lessen the impact on Tiburon Blvd. It is anticipated that recommendations will be made related to proposed infrastructure changes as well as related to non-infrastructure modifications e.g recommendations related to mass transit or school schedules. 2. Analyze the existing traffic signal timing plans, safety and collision records on Tiburon Boulevard and propose changes or infrastructure improvements as necessary. 3. Identify areas of congestion within 1,000 feet of each school and develop traffic management options and practices to minimize the impact of congestion during peak pick up and drop off times. The results of Phase II will be presented in the form of a written Draft Sequential Action Plan. The Plan will outline a proposed schedule and costs to phase in the recommendations over a 5-year period, and the actions necessary to implement the recommendations. The Plan will consider and address impediments to implementing the recommendations, measures to address such impediments, and alternative 6 recommendations in case such impediments cannot be overcome. The Plan should include a unit or applied cost estimate for implementing each recommendation. ADA COMPLIANCE AND ACKNOWLEDGEMENT The Firm, in performance of this public works project, or where there is an American with Disabilities Act (ADA) component involved, acknowledges that it is acting on behalf of the Town and warrants to the best of its professional information, knowledge, and belief that its design, product, and/or recommendations, will conform to, and comply with, the applicable provisions of the Americans with Disabilities Act and other applicable laws. COMPENSATION FOR SERVICES (FEE) The Town intends to enter into a service contract(s) for the proposed project term. Compensation for the services rendered will be based upon a fee for service contract and is not to exceed the total submitted in the Sealed Dollar Cost Proposal. The proposal should include a lump sum cost for the assignment, with a cost breakdown for each service by grades of staff personnel, reimbursable expenses and any subcontracting costs. In addition, the proposal should include the availability of the Firm to commence work immediately upon being awarded the contract and to have the study substantially completed by March 2025. EVALUATION CRITERIA AND SELECTION PROCEDURES Evaluation Criteria: Evaluation of Firm will be based upon the complete submission of the required proposal package. Incomplete packages may be eliminated from further consideration. Selection Procedures: Selection of successful Firm will be based upon the following: • Proposal Price • Experience of the firm and assigned project team • History of project of similar scope • Availability of equipment and personnel to complete the project within the allotted time. GENERAL CONDITIONS FOR PROPOSALS Failure to read the RFP and comply with its instructions will be at the Firm’s own risk. Corrections and/or modifications received after the closing time specified in this RFP will not be accepted. The proposal must be signed by a designated representative or officer authorized to bind the Firm contractually. Submission of a signed proposal to the Town will be interpreted to indicate the Firm’s willingness to comply with all terms and conditions set forth the herein. 7 SUBMISSION OF PROPOSALS The Proposals will be received by the Town, no later than 2:00 pm, March 13, 2024 and shall be mailed or hand delivered to: The Town of Tiburon 1505 Tiburon Blvd Tiburon, CA 94920 Attn: David O. Eshoo, Engineering Manager TRANSPORATION & INFRASTRUCTURE STUDY For additional information regarding the services specified in this request for proposals, contact David O. Eshoo, Town Engineering Manager, in writing by email at deshoo@townoftiburon.org. Questions specific to this solicitation will be accepted until 5:00 PM on Wednesday February 23, 2024. PROPOSAL DOCUMENTS A Firm responding to this RFP for the “Transportation & Infrastructure Study” must submit the Proposal Documents included at the end of this document as part of the proposal. Failure to comply with these requirements may result in the disqualification of the Firm. The Town will base the selection of a Firm on documentation submitted in the proposals. Each prospective proposal shall consist of the following sections: 1) Experience, Expertise and Capabilities, 2) Statement of Work, 3) Sealed Dollar Cost Proposal and 4) Additional Data. The “Sealed Dollar Cost Proposal” section should be provided in a separate envelope labeled “Sealed Dollar Cost Proposal”, which is to be prepared in accordance with the following guidelines. 1. Experience, Expertise and Capabilities a. Information about the Firm. The name, location, mailing addresses, telephone numbers of the Firm and other pertinent information. b. Philosophy Statement. A statement of the respondent’s philosophy and approach in undertaking consulting services of the nature outlined in the RFP. c. Summary of Relevant Experience. A listing of all consulting projects that the Firm has completed within the last three (3) years for municipal governments must be provided. From these projects, identify and provide a brief summary of work done specifically in regard to municipal operations. In addition, the name, title, address and telephone number of a contact person from each organization for whom staffing, management or efficiency studies have been conducted should be provided. 8 d. Personnel Listing. A complete listing of the staff identified in the work plan by job classification, along with their resumes and hourly rates. Each resume shall include the individual’s qualifications and experience in the subject area. 2. Statement of Work a. Work Plan. For the items listed in Scope of Proposal, explain how your Firm would best provide the information requested. Include the methodology to be used, name of staff performing the tasks, hours required, and proposed completion time. b. Services Expected of the Town. Identify and quantify in terms of time, the nature and scope of the services to be provided by the Town. 3. Sealed Dollar Cost Proposal a. General Requirements. The sealed dollar cost proposal section should contain all pricing information relative to performing the work as described in this request for proposals. The Town will not be responsible for expenses incurred in preparing and submitting the proposal or the sealed dollar cost proposal. Such costs should not be included in the proposal. The first page of the sealed dollar cost proposal should include the following information: i. Name of company ii. Total All-Inclusive Maximum Price for the project. The total all-inclusive maximum price is to contain all direct and indirect costs including anticipated out-of-pocket expenses. The All-Inclusive Maximum Price should include a summary and breakdown of hours and rate by Firm(s) project team and discipline. The Firm should include a statement affirming that additional hours above the Maximum Price will be made available consistent with the rate of each discipline. All estimated out-of-pocket expenses cannot exceed 10% of the total value of the Maximum Price and must be presented in the separate dollar cost breakout. All expense reimbursements will be charged against the total all-inclusive maximum price submitted by the respondent. 4. Additional Data a. This section should contain any additional data that the respondent determines is appropriate for the Town to consider when embarking on such a project. Applicants must submit three (3) bound and one (1) digital pdf copy of the proposal on a USB drive. Each Firm will be evaluated, rated and/or ranked, based on information provided in their proposal. 9 EVALUATIONS OF PROPOSALS AND AWARD OF CONTRACT The Proposals are due March 13, 2024 at 2:00 PM at the Town of Tiburon, 1505 Tiburon Blvd., Tiburon, CA 94920. Proposals from all Firms meeting the minimum qualifications detailed in this solicitation will be reviewed and evaluated. The Town reserves the right to reject any and all RFP submissions and further reserves the right to re-issue the RFP. PRICE TO REMAIN VALID All proposals must be valid for a period of 120 days from the due date of the RFP. AMENDMENT OR CANCELLATION OF THE RFP The Town of Tiburon reserves the right to cancel, amend, modify or otherwise change this application process at any time if it is deemed to be in the best interest of the Town of Tiburon to do so. PROPOSAL MODIFICATIONS No additions or changes to any proposals will be allowed after the application due date, unless such modification is specifically requested by the Town of Tiburon. The Town, at its option, may seek retraction and/or clarification by an applicant regarding any discrepancy or contradiction found during its review of applications. PROPOSAL PREPARATION COSTS Firms are responsible for all costs and expenses incurred in the preparation of a Proposal to respond to this solicitation. THIS SOLICAITION IS NOT A CONTRACT This solicitation is not a contract and will not be interpreted as such. SEQUENCING AND SCHEDULING Upon acceptance of the Proposal and execution of a contract, the Firm shall begin work within 10 calendar days of the date of the notice to proceed. All work must be completed by the date stipulated in the signed contract. The Town shall work with the contracted Firm to provide reasonable access to all study- related areas, during both regular business hours and, as is necessary, at other times so that the Firm can complete its work or analysis. 10 LEGAL TERMS It is the policy of the Town of Tiburon that all legal disputes are heard in a court of law in Marin County, California, and that each party is responsible to pay for the cost of their own legal fees. The Town of Tiburon will not agree to terms that are not consistent with this policy. END OF RFP 11 PROPOSAL DOCUMENTS To qualify for this Project, Firms must submit all information requested in the following pages. There will be a proposal, and a separate sealed price proposal. Failure to submit the proposal correctly may result in the response being rejected. Each page of the proposal documents will include instructions on how to submit each page. FIRM INFORMATION (To be Included as a cover sheet for the proposal) Proposals must adhere to the format of these proposal forms and content of this RFP. Proposals will not be evaluated unless all parts of the proposal form are submitted in a complete package. The information set forth is the minimum required to qualify for consideration. Firm Name _____________________________________________________________ Address ____________________________________________________________ City, State, Zip___________________________________________________________ Contact Person__________________________________________________________ Phone Number___________________________________________________________ Email Address___________________________________________________________ 12 PROPOSAL PRICE AUTHORIZATION (To be included with Sealed Price Proposal) By signing this proposal form, such action certifies that the Firm has personal knowledge of the following: That said Firm has examined the RFP and specifications, carefully prepared the proposal form, and has checked the same in detail before submitting said proposal; and that said Firm, or the agents, officers, or employees thereof, have not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive proposing in connection with this proposal. That all of said work will be performed at the Firm's own proper cost and expense. The Firm will furnish all necessary materials, labor, tools, machinery, apparatus and other means of work in the manner provided in the applicable specifications, and at the time stated in the contract. The undersigned, being a reputable Firm and having submitted the necessary pre-qualification forms, hereby submits in good faith and in full accordance with all specifications, attached or integral, his/her Proposal: Name of Firm ______________________________________________ Authorized Signature ______________________________________________ Name and Title of Signatory ______________________________________________ Date ______________________________________________ Type of Organization (circle One): Corporation Partnership Proprietorship SEAL: (If corporation) 13 PROPOSAL PRICE FORM (To be included with Sealed Price Proposal) By completing and submitting for consideration this Proposal Price Form, such action certifies that the Firm has personal knowledge of the following: That said Firm has examined the RFP and specifications, carefully prepared the proposal form, and has checked the same in detail before submitting said proposal; and that said Firm, or the agents, officers, or employees thereof, have not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive proposing in connection with this proposal. That all of said work will be performed at the Firm's own proper cost and expense. The Firm will furnish all necessary materials, labor, tools, machinery, apparatus and other means of work in the manner provided in the applicable specifications, and at the time stated in the contract. The undersigned, being a reputable Firm and having submitted the necessary pre-qualification forms, hereby submits in good faith and in full accordance with all specifications, attached or integral, his/her Proposal: Proposal Cost Proposal Cost (In Words) (In Dollars and Cents) Phase 1 ___________________________Dollars $__________________________ Phase 2 ___________________________Dollars $__________________________ Total Proposal Price $__________________________ 14 COMPANY BACKGROUND (May be incorporated into the proposal, or submit this sheet with proposal) Company Name ________________________________________________ Main Office Location ________________________________________________ ________________________________________________ Year Founded ________________________________________________ Project Manager Name ________________________________________________ Project Manager Phone ________________________________________________ Project Manager Email ________________________________________________ Years of Experience ________________________________________________ Do you have the equipment and staff available to start within 10 days of notice to proceed? IF no to the previous questions, how long would it take to have equipment and staff available? Has the company ever done work with the Town of Tiburon? If yes, when and what type of work. 15 REFERENCES (May be incorporated into the proposal, or submit this sheet with proposal) Complete and submit the following for three (3) projects of similar nature as the project specified. Make copies and/or attach additional pages as needed. Name of Project _____________________________________________________ Owner of Project _____________________________________________________ Address of Project _____________________________________________________ Contact Person _____________________________________________________ Phone Number _____________________________________________________ Email address _____________________________________________________ Description of work: Comments: 16 ATTACHMENTS 1. Bicycle Pedestrian Master Plan 2016 2. CART Summary Report May 2013 3. Marin LRSP 2024 Final 4. Marin LRSP Appendix 01/10/2024 5. Reed Union School District Safe Routes to School Data 6. Tiburon General Plan 2024-Mobility 7. Sample Professional Services Agreement TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Clerk Subject: Tiburon Parks & Recreation Master Plan Update Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY WRT will provide an update to the Town Council on work completed to date. RECOMMENDED ACTION(S) 1. The Town Council to hear presentation and provide feedback to consultant and Town staff. BACKGROUND A Parks and Recreation Master Plan is needed to address challenges presented by changing demographics, evolving needs of the community, the true cost associated with providing park facilities including maintenance, upkeep, and staff time. The planning process must result in a shared, clearly defined vision for the Town’s Parks and Recreation Master Plan driven by input from residents. Public involvement is extremely important to the Town. ANALYSIS WRT will present draft recommendations for the Parks & Recreation Master Plan, including recommendations that would apply to the parks system as a whole, to recreation programming, and to individual sites. WRT will share community feedback on these ideas gathered during February 2024 engagement events, and proposed changes to carry forward into the Plan. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town. CLIMATE IMPACT Staff has determined this action will have no significant impact on the Town’s contribution to global climate change. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting March 20, 2024 Agenda Item: DI-1 Town Council Meeting March 20, 2024 TOWN OF TIBURON PAGE 2 OF 2 ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council hear the presentation and provide feedback to consultant and Town staff. Exhibits: 1. Correspondence Prepared By: David O. Eshoo, Engineering Manager EXHIBIT 1 You don't often get email from carolyn@blueribbonsupply.com. Learn why this is important From:Lea Dilena To:David Eshoo Subject:FW: Please include pickleball courts RE: Tiburon Talk March 11, 2024 Edition: Traffic Impact Notice: Repairs onTiburon Boulevard Continue, Parks Master Plan, Diversity Inclusion Task Force Opening Date:Wednesday, March 13, 2024 7:59:00 AM From: carolyn@blueribbonsupply.com <carolyn@blueribbonsupply.com> Sent: Tuesday, March 12, 2024 12:00 PM To: Lea Dilena <ldilena@townoftiburon.org> Subject: Please include pickleball courts RE: Tiburon Talk March 11, 2024 Edition: Traffic Impact Notice: Repairs on Tiburon Boulevard Continue, Parks Master Plan, Diversity Inclusion Task Force Opening CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Town of Tiburon, I am excited to read that The Parks & Recreation Master Plan development is underway. I would like to urge the consultants to include six dedicated pickleball courts. As I am sure you are aware, pickleball is the fastest growing sport in America. Not only that, the really great thing about pickleball is that it is an inclusive sport that can be played by people of all ages and athletic abilities. “Open Play” – whereby one can just show up without any court reservation or prior arrangements with other players – is a wonderful way to meet new people and build community friendships and bonds. For Open Play to work, a minimum of 4 courts is needed, and ideally 6. I know that sound issues can be a challenge for nearby residents, but there are various ways to counteract this with sound barriers, new equipment such as the recently approved Owl paddle (which has a felt-like surface and produces a very soft sound when a ball is hit) and, ideally, a complete sports bubble which would allow for play even when it is raining. I have lived in Tiburon for over 32 years but it is only since I started playing pickleball that I have formed friendships with a wonderful new group of friends in Marin. It would be wonderful to meet more people in Tiburon too. Thank you very much for your consideration. Sincerely yours, Carolyn Dilena 11 Upper Cecilia Way Tiburon CA 94920 415-999-5942 From:Sonnet McKinnon To:Lea Dilena Subject:Pickleball court support Date:Tuesday, March 12, 2024 1:15:05 PM [You don't often get email from sonnet.m@icloud.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. I’m writing to support adding pickleball courts to the master plan in Tiburon. Our whole, 3 generation family plays and loves pickleball! My parents are in their 80’s and enjoy playing- it’s truly a sport of all ages and abilities. I think it’s a healthy sport for all to enjoy. I hope the town will support it. Thank you Sonnet McKinnon Sent from my iPhone From:Katherine Ma To:Lea Dilena Subject:Request for pickleball courts in new town plan Date:Friday, March 8, 2024 2:31:52 PM You don't often get email from katherine.b.ma@gmail.com. Learn why this is important CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Lea, I am advocating for 4-6 dedicated pickleball courts to be incorporated into the new town plan,as the sport is really growing in popularity with residents of all ages! You would just need to consider the wind (build a fence to block the wind), or have an indoor facility so we can enjoy it year round (especially during the rainy season!). Parking would beessential also. Thank you! Katherine -- Katherine Makatherine.b.ma@gmail.com (949) 275-1172 cell From:Reza Dowlatshahi To:Lea Dilena Subject:Pickle-ball courts in Tiburon Date:Thursday, March 14, 2024 1:16:16 PM You don't often get email from reza@selectg.com. Learn why this is important CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Lea, I fully support the addition of the Pickle-ball courts. Pleaselet the town management know that: I support for the six dedicated court facility and if thebudget will allow for it, a covered court would be fantastic! The impact of this effort would be very positive for the town. It is also a great opportunity to build community and meetpeople. Thank you,Reza Dowlatshahi9 Upper Cecilia Way, Tiburon Tiburon Town Council March20, 2024 DI-1: Parks & Recreation Master Plan Late Mail Requests for Copies: Lea Dilena, ldilena@townoftiburon.org From:Kimberly Baltzell To:Lea Dilena Subject:additional pickleball courts in Marin Date:Sunday, March 17, 2024 6:34:01 PM You don't often get email from kim@kimemail.com. Learn why this is important CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Town of Tiburon, I began playing pickleball a year ago to see what all the enthusiasm was about. It has been a wonderful way to connect with old friends, meet new friends, and get out from behind a computer screen. I am very supportive of additional courts for the following reason: Having a reservation system only at a private club creates an even more exclusive (excluding) setting, a reputation Belvedere and Tiburon already have. I would love to see both local and nearby friends enjoy our beautiful town, the restaurants and stores, and feel more of a connection to the community. It would no doubt be good for the local economy, e.g. staying for lunch/dinner/shopping. Kindly, Kimberly Baltzell From:kenneth Kahn To:Lea Dilena Subject:all in favor of 6 dedicated Pickelball courts! Date:Saturday, March 16, 2024 7:26:51 AM You don't often get email from kenny@bluerockvineyard.com. Learn why this is important CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. yes, let's do it!Blue Rock Vineyard LLC Kenneth Kahn, Owner/ Winegrower75 Spring Lane Tiburon, Ca. 94920 Telephone 415-435-1946www.bluerockvineyard.com From:Shannon Phillips To:Lea Dilena Cc:carolyn@blueribbonsupply.com; Petra Phillips; Bryce (Cell) Phillips; Vanessa Phillips Subject:Approve Pickleball in Tiburon !!! Date:Friday, March 15, 2024 9:31:58 PM [You don't often get email from shannon@pacgrowth.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Do not click links or open attachments unlessyou recognize the sender and know the content is safe. Dear Town of Tiburon We are 100% in support of proposed multiple public pickleball courts near Mckegney Green. This is the best andmost exciting public improvement we have heard of since moving here two decades ago. We are a family of four and have lived in Tiburon for almost 20 years raising our kids here. Pickleball is family friendly, builds community, offers an active lifestyle (kids, middle aged and seniors) andbrings people together outdoors in a healthy and social way. Pickleball is inclusive. Grandparents can play with their grandchildren, parents can play with their children, couplescan play with other couples, men/women can play with other men/women and beginners can plan with advancedplayers. This is a truly an inclusive community builder that will add immense value to Tiburon. It is the most active, family friendly, inclusive, and community building sport we have ever played. Honestly, thisis the best idea Tiburon has had for a long long time. We play pickleball with our children, and our children play with their grandparents, and our children play with theirfriends. We urge you to approve pickleball and a rec center for all of Tiburon to enjoy. There is a reason it's the fastestgrowing sport in the Nation. Please dont miss this opportunity to bring families and our community closer together. This would be a WIN for allTiburon residents. The Phillips FamilyShannon PhillipsVanessa PhillipsPetra PhillipsBryce Phillips415-505-7185 From:Tracey Van Hooser To:Lea Dilena Subject:Parks Master Plan comment Date:Saturday, March 16, 2024 8:21:44 AM You don't often get email from traceyvanhooser@yahoo.com. Learn why this is important CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. We need more pickleball! Pickleball is the fastest growing sport in the nation and has taken off in a big way in Marin County. It started off as most popular among the older crowd (and continues to be) but every day more younger people are playing too. I was very surprised to see this sport ignored in the consultant's report. I know there is some availability at the tennis courts by Reed School. But because you have to rent the annual key, there is no drop-in play. A key aspect of pickleball culture is drop-in play, where folks just show up and play with whoever is there. It's incredibly wonderful, inclusive, and community building. I have found that itencourages new friendships among people of all ages and backgrounds. We all know that pickleball has a noise problem so the best time for Tiburon to consider adding courts is as part of a Master Plan so that decisions can be madethoughtfully and considering all the issues. Also, please note that there are new products that can minimize sounds - akin to tennis court wind shields - that courts can install. I hope the Town will look into that. More pickleball courts would be wonderful for Tiburon residents (who currently travel to Hill Courts in Novato or Piper Park in Larkspur, among other free and open public courts). The number of people playing pickleball grows every day and those courts have become very crowded, with people waiting to play. The growth in popularityshows no signs of slowing. The pickleball courts at TPC are always busy. Tiburon should make pickleball accessible to everyone, not only those who can afford to join a private club. Thank you, Tracey Van Hooser 1 Southridge Drive, Tiburon From:KEI ZEHR To:Lea Dilena Subject:Parks planning & Pickleball Date:Sunday, March 17, 2024 5:11:57 PM [You don't often get email from keizehr@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. As a resident of Tiburon I was so delighted to hear that Tiburon is considering planning and putting into place multiple Pickleball courts. Please let me know what I can do to help convince the powers that be that this is truly a worthwhile investment. It is truly a game for people of all ages, As an 80 year old who plays approximately four times a week, I am living proof that it is a sport for all ages. It is also a sport that promotes players to get to know each other; however, we do need multiple courts (not just a single court - a single court doesn’t fit the nature of the sport). Because there are no appropriate facilities in Tiburon, however, I am having to drive to Mill Valley or Novato to find the courts and people. It will be an exciting day when Tiburon is able to provide such a facility to its residents. Thank you - Kei From:Sujata Pherwani To:Lea Dilena Subject:Pickelball courts, Date:Saturday, March 16, 2024 11:47:17 PM [You don't often get email from sujpherwani@yahoo.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. We would love to have some courts and enjoy more outside activities Thanks Sujata Sent from SRP’s iPad From:Sydney Joyner To:Lea Dilena Subject:Pickleball Date:Sunday, March 17, 2024 8:00:16 PM [You don't often get email from sydneyjoyner@comcast.net. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. I’m writing a brief note in support of pickleball courts in Tiburon. Many avid pickleballers are not members of either TPC or BTC, and their love of the game should not go unrewarded. I’d love to see town pickleball courts. Sydney Joyner Typos Courtesy of my iPhone From:Diane Rice To:Lea Dilena Subject:Pickleball courts Date:Saturday, March 16, 2024 6:51:56 PM You don't often get email from drice@hosielaw.com. Learn why this is important CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. We need more!!!Best, Diane Rice Get Outlook for iOS From:Teresa Toepel To:Lea Dilena Subject:Pickleball courts Date:Saturday, March 16, 2024 10:30:18 PM You don't often get email from ttoepel@pacbell.net. Learn why this is important CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. We love pickleball! It is an all age appropriate sport that brings families and friends together. It’s a sport that SOO many locals play but not everyone is a member of TPC or BTC. We should be able to provide courts for everyone in Tiburon to have access to play. Unfortunately, The Ranch has limited the use of the ONE and only ONE court that is available. The key is an awesome opportunity for people to play BUT they have so manyblocked out times on the ONE pickleball court and those blocked out times often go to TENNIS. I love tennis too but the pickleball court should never be blocked out as there is onlyONE!! That is why we encourage more pickleball courts to allow everyone the opportunity to play. Pickleball brings joy to all who play. If you don’t play, try it! You will love it and understand what all the fuss is about. Thanks for working on this to bring the community together with more pickleball courts. - TERESA TOEPEL 415-847-7746 cell From:Shelly Thigpen To:Lea Dilena Subject:Pickleball courts Date:Saturday, March 16, 2024 4:40:47 PM You don't often get email from sathigpen@gmail.com. Learn why this is important CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello I sent an earlier message to this link. Pardon me if I repeat myself as I do not know if these goto different people. I am in 1000% support of City courts. Pickleball fosters a huge sense of community both on & off the court. Courts will bring new faces into town for dinning and shopping. It is awin/win. Thank you Shelly (415) 302-8849 From:Edith Gibson To:Lea Dilena Subject:Pickleball courts Date:Friday, March 15, 2024 9:48:10 PM [You don't often get email from gibson.eydie@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please accept my email as a show of support for expanding availability of pickleball courts in the Tiburon area. Thank you, Eydie Gibson Sent from my iPhone From:Tiffany Thompson Sams To:Lea Dilena Subject:Pickleball support Date:Friday, March 15, 2024 6:22:05 PM You don't often get email from tiffanysams@gmail.com. Learn why this is important CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. I strongly support keeping Pickleball in our community. I don’t think I would’ve met so manyresidents of all different ages. If it weren’t for the fun sport of Pickleball, it creates a wonderful sense of community and healthy, living outside. Tiffany415-302-2624 From:Jay Cohen To:Lea Dilena Subject:Pickleball Date:Saturday, March 16, 2024 4:30:57 PM You don't often get email from jac@cohencap.com. Learn why this is important CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Lea, I have been a resident of Tiburon since I purchased my first home here in 1990 when I was just 27 years old. I love Tiburon. Our kids went to the Reed Schools, my wife Laura Cox was the first Foundation president to raise over $1 million for the Reed School Foundation, we played tennis on the Tiburon courts and have always been contributors to the Tiburon library. My Wife and I have become Pickleball Enthusiasts over the past few years. It is one of the most social sports and is very fun to play. It has even been cited as contributing to longer life spans. Additionally, when you look at the players per square foot, it is double tennis and even better than basketball. The sport is usually played doubles, so 4 people on a court 25% the size of a tennis court. Keeping Tiburon on the cutting edge, I encourage including the creation of a pickleball program including courts. Best, Home address is: 460 Ridge Road Tiburon Jay ___________________________________________________________________________________Jay A. Cohen PresidentCohen Capital Management, Inc.770 Tamalpais DriveSuite 318Corte Madera, CA 94925(P) 415.927.6700(M) 415.519.2077(F) 415.927.8010 From:Robert Chang To:Lea Dilena Subject:Pickleball Date:Friday, March 15, 2024 6:49:03 PM You don't often get email from rwchang64@gmail.com. Learn why this is important CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi, Tiburon resident and pickleball supporter.More courts ! Thanks Robert Chang From:Tom Rosencrantz To:Lea Dilena Subject:Please build Pickleball in Tiburon Date:Sunday, March 17, 2024 9:52:39 AM You don't often get email from trosencrantz@yahoo.com. Learn why this is important CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear town of Tiburon, Please pass along my support for the need for more facilities that help foster the ever growing demand for probably.... one of the best social activities there is today and growing like mad, whichis Pickleball. There are some facilities that are popping up but many are pay for and membership driven endeavors. It would be great if we can get more public facilities that offer free access to the most populargrowing sport in the Country. The more access, esp. if it's free for people to try it out, the more it can grow and give more fun opportunities to those who want to try it. It's a sport that gives hopeto those who desire to have fun, get fit and meet such a wonderful community of happy people. I don't think I recall a sport that has taken hold of people and had more fun and laughter takingplace, at all ages of the spectrum, that PB does. Please let me know what I can do to help support this growing need to have PB facilities built in Tiburon and in Marin in general! Thanks, Thomas Rosencrantz Photographer & FAA Cert. Drone PilotACSM, CPTAmerican College of Sports Medicine Phone: 415-887-8812 https://www.flickr.com/photos/15127818@N05/albums https://vimeo.com/user2943318 From:willie weng To:carolyn@blueribbonsupply.com; Lea Dilena Subject:Re: URGENT REMINDER! Opportunity to get Pickleball courts in Tiburon! Date:Saturday, March 16, 2024 4:09:39 PM You don't often get email from willieweng@gmail.com. Learn why this is important CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. March 12, 2024 To: Town Council Town of Tiburon, California. Subject: Request for Additional Pickleball Courts in Tiburon Dear Town council, I hope this letter finds you well. As an active member of our community and an avid pickleball player, I am writing to express my strong support for the construction of additional pickleballcourts in Tiburon. Pickleball is a sport that has captured the hearts of people of all ages and backgrounds, and its popularity continues to grow. Here are some compelling reasons why I believe investing in pickleball courts is essential for our community: Health and Fitness: Pickleball is a low-impact sport that provides an excellent cardiovascular workout. It encourages physical activity, which is crucial for maintaining a healthy lifestyle. By adding more courts, we can accommodate more players and promote an active community. Social Engagement: Pickleball fosters social connections and camaraderie. It brings people together, creating a sense of community and belonging. Our residents deserve spaces where they can interact, make friends, and enjoy recreationalactivities. Tourism and Economic Impact: Well-maintained pickleball courts attract visitors from neighboring areas. Tournaments and events can boost local tourism and contribute to our economy. I kindly request that the city allocate resources for the construction of additional pickleballcourts. hub for pickleball enthusiasts. Thank you for your attention to this matter. I look forward to seeing pickleball thrive in ourcommunity. Sincerely, Willie Weng 14 years Residency in town of Tiburon 177 Stewart Drive, Tiburon, CA 94920 Tel: 415-830-0678 From:SS To:Lea Dilena Subject:Support for additional pickleball facilities in Tiburon Date:Saturday, March 16, 2024 8:50:01 PM You don't often get email from shawnmeadow@gmail.com. Learn why this is important CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, I am a resident of the Tiburon Peninsula (in Strawberry) and I would like to express myenthusiastic support for the idea of having more pickleball courts in Tiburon included in our community Master Plan. As you may know, pickleball is taking our nation and our society by storm in popularity,young and old are playing more and more, as it is so accessible and fun, and entire communities have been built and been invigorated by this sport/activity. It is easy to pick upand start playing, yet to excel it takes effort and persistence, all the while bringing wonderful individual health and social benefits. There is a noise issue with pickleball but this can be largely managed by proper location andconstruction of courts (with sound proofing pads on the fences). See the positive experience in Novato at the Hill Community Center area courts. I drive to Novato on most fair weatherdays to play pickleball, this illustrates the degree of commitment (and many friends) have made to the activity. It would be very nice be able to do this here in my local community. The tennis courts in Tiburon offering pickleball playing has been choked down to one court onthe double tennis courts alongside the main Tiburon Blvd near Belvedere. This is due to the houses in very close proxity and their vigorous complaints. If there is an opportunity to betterlocate dedicated pickleball courts in the Tiburon Peninsula via the master plan that would be the best of all worlds, for all involved. Thank youStephen Shaw 300 Reed BlvdMill Valley CA 94941 (formerly at 17 Acacia Drive, Tiburon) From:paritem poonian To:Lea Dilena Subject:Support for pickleball courts in Tiburon Date:Saturday, March 16, 2024 11:41:52 AM [You don't often get email from ppoonian@yahoo.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Ms. Dilena, I wanted to write you a brief note on my support for the proposal of 6 designated pickleball courts in Tiburon. I have been a resident of Tiburon for the past 35 years. I truly appreciate our Town and community. I was introduced to pickleball during our challenging time during Covid. The sport brought me a great deal of happiness, joy, and healthy exercise during these challenging times. But need to say the number one gift it brought is the connection of the community…that I continue to be grateful for. Many of these relationships from pickleball with fellow players in Tiburon have extended to more than just a game…but into our personal social lives. This coupled with the time I can spend with family in good healthy fun times on the court has been a gift to me and my well being. I want to thank you for your your consideration of the pickleball proposal, and hope to enjoy them ion the future. Sincerely, Paritem Poonian From:Mike Wood To:Lea Dilena Subject:Support for pickleball Date:Saturday, March 16, 2024 7:49:33 AM You don't often get email from mike.wood@gmail.com. Learn why this is important CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi, While we are residents of East Corte Madera we spend much of our recreating time on thepeninsula with our friends from Tiburon (friends via parents at Tiburon schools). We'd certainly appreciate more courts to play on around here. Any sort of wind protection adds tothe appeal of these courts too. Pickleball is such an accessible sport and only gaining in popularity. Thanks for reading!Mike & Kathy Wood From:Jenny Peng To:Lea Dilena Subject:Support for the Establishment of 6 Pickleball Courts in Tiburon Date:Sunday, March 17, 2024 1:26:47 PM [You don't often get email from jennypeng@comcast.net. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Tiburon Council Members, I am writing to express my strong support for the campaign to establish six dedicated pickleball courts in Tiburon. As an avid pickleball player and resident of Tiburon, I believe that this initiative would significantly benefit our community in several ways. As a resident of Tiburon, I firmly believe that public pickleball courts would benefit our community in numerous ways. Beyond being an enjoyable recreational activity, pickleball serves as an excellent avenue for building social connections and fostering a sense of community. Personally, I have experienced the joy of reconnecting with old friends from our town and forging new friendships through this sport. The inclusive nature of pickleball has encouraged individuals like myself, who had never previously engaged in racquet sports, to participate and find fulfillment in physical activity. It's important to note that many Tiburon pickleball enthusiasts, myself included, are not members of Tiburon Peninsula Club (TPC) or Belvedere Tennis Club (BTC). Consequently, our access to the existing public court is severely limited, often requiring us to scramble for reservations days in advance. This situation is exacerbated by the underutilization of tennis courts, which a few could be repurposed to accommodate pickleball players without displacing other activities. In closing, I want to emphasize that my support for expanding pickleball facilities in Tiburon is not intended to pit players against other residents. Rather, it is a sincere appeal for dialogue and collaboration to find a solution that benefits the entire community. I trust that the Council will carefully consider the merits of this proposal and work towards a resolution that balances the needs and concerns of all stakeholders. Thank you for your attention to this matter. I look forward to the opportunity to discuss it further and contribute to the ongoing conversation about the future of pickleball in Tiburon. Yours sincerely, Jenny Peng 222 Round Hill Road, Tiburon 415 218 5640 From:Jeff Babikian To:Lea Dilena Subject:Support of Pickleball Play in Tiburon Date:Sunday, March 17, 2024 7:51:07 AM You don't often get email from jeffbabikian@gmail.com. Learn why this is important CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Town of Tiburon, I have been fortunate to live in Tiburon for 24 years and have a family of five Pickleballlovers. It goes without saying that I am writing in strong support of expanding Pickleball throughout Tiburon. Pickleball is the fastest growing sport in the US (https://frontofficesports.com/companies-all-in-on-pickleball-as-sports-popularity-soars/). It’s hard to come across another recreational sport that offer the following: 1. Easy to learn 2. Affordable—one doesn't need expensive equipment and lessons to enjoy the sport3. All ages can play–seniors as well as children can play 4. Unparalleled competitive balance across generations and genders5. Health Benefits–aerobic exercise as well as a component of social connection, which has a positive domino effect on mental health and the immune system6. Social and Fun–families can play together and bond 7. Outdoor exercise with courts that don’t require a lot of space There are three ways to mitigate noise from pickleball play. The Town can mandate “Green Zone Paddles," install Acoustifence noise curtains to reduce noise-level and limit hours ofplay from 9am-7pm. The city of Tampa Bay and TPC had success after purchasing Acoustifence® noise curtains to lower the noise-level and allow Pickleball. According to theTampa city engineer’s study, attenuation of the peak sounds was reduced by more than 10dBA, which is perceived as half as loud. He said, “We conclude the Acoustifence did whatit was intended to do and that is reduced the sound emanating from the pickleball courts.” (https://usapickleball.org/member-news/quash-pickleball-noise-with-acoustifence/). According to the Noise Study conducted by Mr. Unetich, using Green Zone Paddles and Acoustifence would likely drop noise within the current town Noise Standards for AirConditioning and Mechanical Equipment range. Please vote yes to Pickleball for our families and community. Best, Jeff Babikian jeffbabikian@gmail.com 415.320.4336 From:Janie Kimball To:Lea Dilena Subject:Support of Tiburon Courts in the Tiburon Parks and Open Space Master Plan Date:Saturday, March 16, 2024 4:12:03 PM You don't often get email from janiebkimball@yahoo.com. Learn why this is important CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Lea, I am writing in support of the adding six pickleball court facilities to the master plan for Tiburon Parks and Open Spaces. Pickleball is an amazing community activity for all ages and could bring energy and vibrancy to our town and provide more opportunities for community engagement. Janie Kimball Del Mar Neighborhood From:Patrick Tenney To:Lea Dilena Subject:i support pickleball in Tiburon Date:Monday, March 18, 2024 10:17:34 AM You don't often get email from ptenney@emrosecapital.com. Learn why this is important CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Great exercise and great community building. Patrick M. Tenney, CFAMt. Tam Capital Mgmt, LLCEmrose Capital, LLC591 Redwood Hwy, Suite 2100 Mill Valley, California 94941ph 415.360.5693fx 415.360.5699ptenney@mttamcap.com ptenney@emrosecapital.com DISCLAIMER:This message is solely for the use of the intended recipient. If you have received this message in error, you should notify the sender byreply e-mail and immediately delete the message and all copies of it from your system and destroy any hard copies or printouts. Theinformation contained in this message and any attachment is confidential, proprietary and legally protected, and any mistransmissiondoes not alter or waive the protections afforded such information. Unauthorized review, use, dissemination, printing, copying, disclosureor publication of all or any part of the contained information is prohibited without the express written consent of the sender. The senderdoes not endorse or guarantee the accuracy and completeness of the contained information, and neither the recipient nor any otherperson is entitled to rely on such information. The sender has assumed no obligation to correct or supplement the contained information.Some or all of the contained information constitutes opinion and may be based on unconfirmed communications. This is not an offer,recommendation or solicitation to buy or sell securities. From:Suzanne Morgan To:Lea Dilena Subject:Support for Pickleball Courts Date:Monday, March 18, 2024 11:06:27 AM [You don't often get email from sgcpmorgan@comcast.net. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, My husband Gerry and I are Belvedere residents and active members of the supportive and active community of Marin Pickleball players. While we have seen other communities embrace the sport, we have been disappointed to see Tiburon and the Ranch reduce and restrict playing opportunities. We would love to see Tiburon join the other Marin communities who have provided places to play for this inclusive, approachable sport that spans age groups and brings community together. We wholeheartedly support any effort the town can make to bring new courts to the community or allow play on existing tennis courts. Thanks so much, Suzanne Morgan 2 Fern Ave Belvedere Sent from my iPhone From:Gerry Morgan To:Lea Dilena Subject:FW: URGENT REMINDER! Opportunity to get Pickleball courts in Tiburon! Date:Monday, March 18, 2024 11:42:51 AM You don't often get email from gerry@fcpt.com. Learn why this is important CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good day, Tiburon Council: Hello, I am a Belvedere resident but also thankful to enjoy the outdoor rec opportunities in Tiburon. Please consider incremental pickleball court playing opportunities. It is such a wonderful form of exercise and community. I love how other communities including Strawberry, Mill Valley, Sausalito and Marin City have worked to increase the number of pickleball courts. Tiburon should do the same. It makes our community healthier and happier! Thanks, Gerry Morgan, 2 Fern Avenue Gerry Morgan | CFO | Four Corners Property Trust 415.965.8032 (direct) | 650.804.6024 (mobile) gerry@fcpt.com www.fcpt.com From:Laura Cox To:Lea Dilena Subject:Pickleball courts please Date:Monday, March 18, 2024 11:57:28 AM [You don't often get email from laura@cohenfamily5.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Lea, Please pass this email to the town council. Thank you. Dear Town council, Thank you for considering more pickleball courts in Tiburon. Like most people, I started playing recently. I am not an athlete so have never been able to take advantage of other recreation opportunities in our town. Pickleball is a sport where you can play almost immediately and improve quickly, unlike any other sport I have attempted. In addition to be a phenomenally physically healthy activity, it brings community together. You need four people to play which requires meeting other people who can share the court with you. I think that is why it’s is growing so quickly and people love the game so much - you can be social and active at the same time. As our community begins to age, this is an essential ingredient to keep people socially and physically engaged. We absolutely need something like this in our community. I hope there is an opportunity to bring this to reality. Best, Laura Laura Cox Tiburon Resident for 33 years From:David Wygant To:Lea Dilena Subject:Vote for Pickleball - 3/20 Tiburon Rec meeting comment Date:Monday, March 18, 2024 12:37:58 PM [You don't often get email from david.wygant@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi my name is David Wygant, and I am writing for you to consider adding more public lined or even dedicated Pickleball courts . Current Tiburon courts are either private or require a key such that it stifles open rotational play that you find elsewhere such as Piper Park in Larkspur or Todd Senior Center in Novato. Pickleball is a unique activity in that it can support mixed generation & gender and is social, which builds a community. It’s accessible with a low cost paddle and easy to play immediately. Having 4+ pickleball courts in a single venue would support public open rotational play. Thank you, David From:Cecilia Nunez To:Lea Dilena Subject:Allow More Pickleball in Tiburon Date:Monday, March 18, 2024 12:47:27 PM [You don't often get email from cc.nunez05@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi, My name is Cecilia Nunez and I am writing for you to consider adding more public lined or even dedicated Pickleball courts . Current Tiburon courts are mostly either private or require a key such that it stifles open rotational play that you find elsewhere such as Piper Park in Larkspur or Todd Senior Center in Novato. Pickleball is a unique activity in that it can support mixed generation & gender and is social, which builds a community. It’s accessible with a low cost paddle and easy to play immediately. Having 4+ pickleball courts in a single venue would support public open rotational play. Thanks, -Cecilia Sent from my iPhone From:Kathy Kerst To:Lea Dilena Subject:Fwd: More Pickleball Courts For Tiburon Date:Monday, March 18, 2024 2:20:18 PM You don't often get email from kathykerst@gmail.com. Learn why this is important CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. ---------- Forwarded message ---------From: Kathy Kerst <kathykerst@gmail.com> Date: Sat, Mar 16, 2024 at 3:57 PMSubject: More Pickleball Courts For Tiburon To: <idilena@townoftiburon.com> Hello, I am the volunteer USA Pickleball North Bay ambassador, overseeing 22 ambassadors inMarin, Napa, Solano and Sonoma Counties. I've loved playing pickleball for 13 years, playing and competing in California, Washington, Arizona, Hawaii, Oregon, Virginia, Wisconsin andNorth Carolina. You might say I love and live pickleball! My thoughts are that the Tiburon community would be delighted to have 6 new courts. Over the years, I have seen so much joy amongst those learning and playing the sport. In SantaRosa, Petaluma and Rohnert Park, we offer popular free lessons. Players come together to learn and soon, the social aspect appeals. Definitely a win-win situation. When my husbandand I moved to Sonoma County 12 years ago, we knew 2 people. Meeting over 100 people throughout the years and going out to eat with many a couple times a week has enriched ourlives. And the noise factor? Recently, the national organization has approved the first quiet paddle, with a noticeable lower decibel level. As well, an article about durable wind shields tomitigate noise has also raised a lot of attention. I have posted links about these below. Hooray for the Town of Tiburon to foresee the popularity and positive impact of pickleball! Pickle Fun, Kathy Kerst North Bay District Pickleball AmbassadorMarin, Napa, Solano and Sonoma Counties https://usapickleball.org/news/how-usa-pickleball-officials-are-working-to-make-pickleball- quieter/ https://usapickleball.org/member-news/put-away-the-noise-complaints-at-the-pickleball- courts/ From:Lisa Kruttschnitt To:Lea Dilena Subject:Please Build New Public Pickleball Courts in Tiburon! Date:Monday, March 18, 2024 2:37:04 PM You don't often get email from lakru@mindspring.com. Learn why this is important CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. I am writing to express my enthusiasm and hope that six new public pickleball courts will bebuilt in Tiburon! With the huge increase of players over the last few years, there is definitely a strong need for more public pickleball courts in southern Marin. There is especially a need forcovered courts that would both allow for play year-round during all types of weather, and provide a noise reduction for any nearby residents. How could these new pickleball courts benefit the city of Tiburon? By offering Tiburonresidents and nearby Marin neighbors a facility that supports the fastest growing sport in America! Pickleball is a fantastic and fun game that offers opportunities for all playing levels,from beginner to advanced. Pickleball by its nature fosters health, physical fitness, results in new friendships, and overall builds community! Additionally new courts will very likelyincrease business revenues for Tiburon restaurants, as frequently players gather for lunch or dinner nearby after they finish their pickleball games. I am a resident of Sausalito who began playing pickleball four years ago when my city builtpublic courts at MLK park. I can honestly say pickleball has changed my life…from the positive physical and mental challenges of playing the game, to meeting new people anddeveloping amazing friendships that extend off the court, to an overall stronger sense of community where I live! Please build these six new public pickleball courts in Tiburon! Best regards,Lisa Kruttschnitt Sausalito resident March 18, 2024 To: Town Council CC: POST Commissioners Subject: Town 2040 proposed plan Two years ago I wrote to the POST Commissioners regarding my concerns for several proposed projects that are now being presented to and considered by the Town Council. Attached is also my letter from 2022 as it expresses my overall sentiment regarding these projects and their potential negative impact to our community. With less than 500 survey responses from last fall and only about 2 dozen participants in the recent workshops, my concern is this small fraction of the community would direct major changes to our peninsula. Although some of these proposals might sound appealing to the survey respondents, for example, an outdoor amphitheatre, a community gym, pool and pickle ball courts, the Town Council needs to ask: • Is there a “need” for these and/or do we already have sufficient resources? How would they impact the surrounding neighborhoods and most importantly, how would this change the natural setting that we all came here to enjoy? We are a small community with limited, precious open space. Many of these proposed ideas already exist right here or are close by and thus one could argue we currently have sufficient resources. For example….TPC, BTC, Bel-Tib City Courts, Strawberry Rec all provide tennis, pickle ball, swimming and more! Plus Harbor Point provides tennis and swimming. So, do we really need to build any more courts or another swimming pool? • Has anyone monitored the Lagoon and Del Mar courts to see how much pickle ball is actually being played there? Others might say that pickle ball is the fastest growing sport yet we have walked by the Lagoon courts on several occasions and at the most have seen 4 players and no one waiting to play. One must also weigh the noise impact that is created and it’s affect on the neighbors. • The proposal to remove the tennis courts at Teather Park and put in a swimming pool would be inappropriate for many reasons. • We currently have ample locations to play and swim as outlined above. Page 2 Do we really need another building such as the proposed community center and gym? • Wasn’t the vision of our newly expanded library to provide greater opportunity for community gatherings? • The proposal to build a community center, swimming pool and pickle ball courts at the old sanitary district site, goes way beyond what that land was envisioned to be. When the surrounding land was purchased, it was with the intent that it be “park like” with “passive” activities. Erecting a building the size for a community center, along with a public pool and surrounding pickle ball courts is the furthest from what this space was designed and protected to be. • Would the neighbors really want all that additional noise and traffic? • Wouldn’t the Del Mar middle school gym suffice? Do we really need a beach volleyball court? • How often would this be used and would it attract more out of the area visitors? • How would the noise impact the surrounding homes? • This reminds me of the skate board proposal years ago. Yes it was popular and may still be but the community correctly denied the request. There are other places that provide this and to be honest, did anyone feel less fulfilled growing up for not having one right in their own back yard? Do we really need an amphitheatre? • There was an art exhibit on South Knoll and currently a music event to be held in the future. These types of community gatherings are short term and whatever impact they have would be minimal. So why not just a few gatherings of music and art instead of building a large amphitheatre? But more importantly, why not embrace and just use what nature already gave us. These are all just a few questions that not only the Town Council must weigh but possibly the residents with a vote in order to approve. If our Town and community had more open space, one might envision some of these projects. But the reality is, we have limited open space and residents moved here for the natural beauty it provides. According to the survey, if I’m not mistaken, the top areas for unmet needs were in wellness and exercise classes, senior programs and cultural enrichment programs. These could all be improved with our current Recreation department and coordination with the library. As for investment, the top 3 were a kayak launch area, paved and unpaved trails. Page 3 Although the response numbers were small, the overall consensus is that many of these can be done without largely impacting our current community space. We all would like to “have” things but the question is…what is best for the community now and most importantly in the future? Do we really want to take what is a relatively small space (Blackie’s pasture, McKegney Green, Sanitary District and South Knoll) and make it into a “carnival” of such? There are soccer games but they are not every day. An amphitheatre, community center, gym, pool, pickleball, etc would have activity everyday for hours! I would ask the Town to preserve McKegney, Blackie’s pasture, South Knoll and Sanitary District exactly how the land was meant to be, a passive setting. And to make sure that the Sanitary District land complements the historical vision. Keeping the kids playground area where it is and updating it would be a nice solution. The current benches are fine but adding some smaller curved benches in more intimate spaces for individuals to gather and chat in a peaceful setting would be wonderful. It’s a busy world and living in the Tiburon Peninsula provides a bit of a respite with nature right outside our doorstep. What a gift! One knows that once things are built, it’s hard to undue. Why not take advantage of what nature gave us instead of trying to fill it in? My guess is many homeowners came to Tiburon and Belvedere for what we already offer them…a small community with beautiful views and numerous amenities. I can’t imagine that if they didn’t get another swimming pool, volleyball court, pickle ball court or community center (oh yes there’s the library), they would say, let’s not move there! And please don’t forget how hard the fight was to preserve open space on the Martha property! Now some want to take what little open space we have left and chip it away? What a mistake. What we already have allows all ages to enjoy the space….young and old. Yes lots can be updated, i.e. the children’s playground, other smaller neighborhood parks, more bathrooms, benches and possibly new passive activities like bocce. All these things can be done in conjunction with protecting and providing the vision set years ago along with the beauty nature gave us…views of the bay, views of Mt. Tam, views of the Golden Gate Bridge, views of the birds and water life…now that you can’t replicate. So I’m having a hard time seeing this incessant need to “do something” with these areas that are already providing us the greatest gift. Sometimes doing less is more. It’s just having the vision and courage to see it and hold true to the intent of the space. Thank you. Laurie James To: POST Commissioners March 12, 2022 After reading several Ark articles regarding proposals to the Parks and Open Space Committee, I’m very concerned. The ideas of a community rec center, a community pool, a beach volleyball court, pickle ball courts and a youth mountain bike park, it almost seems like a lot of “spaghetti on the wall” in hopes that maybe just one might stick. One might ask, why not a driving range or miniature golf? Our community sits on a peninsula with precious little open space and Blackie’s Pasture, McKegney Green, the District Ponds and South of Knoll Park provide us all with a wonderful balance of beauty and space not easily found in many other communities. With the upcoming POST meeting on March 15th discussing a myriad of proposals, it’s important that the committee make sure to review our Town’s 2005 General Plan. Our own plan states “The Town of Tiburon’s open spaces and scenic natural environments are among the most defining and beloved of its characteristics”. If we are to hold to these words, any of these proposed projects would stray far from this vision. One might ask how adding a pickleball court would impact the Town’s open spaces and natural beauty. Well, it’s right next to the Marsh Lagoon which is home to a variety of wildlife. And yes, it would impact the homeowners that live next to the marsh and the courts by taking away the tranquility of their environment. Part of the natural beauty, is in essence the serenity of the space. And after reading the Sound Report, it’s clear that the noise from the pickleball play would impact the homeowners. It even stated that the Town should check with the surrounding homeowners to see if they are okay with the noise. My understanding is that several have voiced their opposition as they already must contend with the pickleball noise from the TPC. As for the proposed Beach Volleyball court(s) at South Knoll Park, is this supported by the community or just a few people? Looking at the submitted report and proposed locations at South Knoll makes no sense. You would have to build right next to the children’s park or demolish part of the park and then relocate the existing park. This park is a lovely, tranquil space where families can come with their children. Just think if one or two volleyball courts are placed right next to the children’s park…really? The entire “space” would be forever altered. And while I can’t speak for the homeowners next to Knoll Park, would they really want a volleyball court or two in their backyard? For those that don’t know, they once proposed a skateboard park in that same location, fortunately it was denied. It’s important for all of us and especially the POST Commissioners to remember that our Peninsula has had a long history where the community or the Town has stepped in, preserved open space, and we are better for it. As homeowners come and go and committees rotate over time, it’s easy to forget that these “spaces” we hold so dearly, is because somebody had a greater vision. Thank goodness Sam Shapero in 1972 bought much of Blackie’s pasture to preserve it as a “park” and deed it to the Town. And thank goodness for the Nature Conservancy in 1977 that protected hundreds of acres on Ring Mountain from development. And thank goodness the Town stopped Caltrans in 1980 from putting a four lane highway on Tiburon Blvd. Page 2 This desire to ‘have it all’ perplexes me especially when we as a community are so lucky to live in such a special location. Part of the attraction is that we have an intimate community. Yet let’s not forget what “we” already have: 2 athletic clubs (Tiburon Peninsula Club and Belvedere Tennis Club both sporting swimming pools; 6 public tennis courts; an outdoor basketball court; 2 Yacht Clubs with ample settings to gather; a lovely park setting for outdoor concerts; a large field for youth sports; and of course our soon to be new library with room for varying interactive community lectures/gatherings. So all our amenities might just not be in one location but several are here or others are close by. You just need to look. And for those looking for a community swim, they can join the Strawberry Rec or the Mill Valley Rec. And if you’re searching for a golf course (which of course is no longer on Belvedere Island), you can easily play in Mill Valley. And if you want to play pickleball, we have the Lagoon courts. And if you want to play beach volleyball, you can play in Sausalito. So we really do almost “have it all” right here. So whether you’re walking, jogging or biking along the path, relaxing on McKegney Green, bringing your kids to South of Knoll park or just sitting along the waterfront, this was and is Tiburon’s vision and my guess is, this is why many of you moved here. Now imagine how just one of the above ideas/proposals would change this space, it will forever be changed. Blackie’s is zoned for “passive activity” and I propose that the Town of Tiburon pass a resolution restricting any development in perpetuity (possibly through some sort of legal easement or conservation easement) for Blackie’s Pasture, McKegney Green, the District Ponds and South of Knoll Park. The Tiburon Belvedere Peninsula is a special space and we must all be diligent in protecting it. Let’s hope we’ll be able to say “thank goodness” the Town voted to protect it! If these parcels are not protected now, who’s not to say that in the future we’d be looking at the Peninsula Miniature Golf Park along with food trucks? Thank you. Laurie James From:Chris Loeffelholz To:Lea Dilena Subject:PB Courts Date:Monday, March 18, 2024 6:11:29 PM [You don't often get email from cloeffelholz1220@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi, I wanted to support the possibility of local pickleball courts like many other communities have such as Marin City, Sausalito, and Corte Madera. McKegney Green really energized the youth of the community. I would be in full support to those a little more advanced in age to stay active. I hope you support it too. Regards, Chris Loeffelholz Sent from my iPhone From:Jenna M. McKnight To:Alice Fredericks; Holli Thier; Isaac Nikfar; Jack Ryan; Jon Welner; Town Subject:Resident feedback on Tiburon Parks & Rec Master Plan Date:Tuesday, March 19, 2024 2:52:20 PM Some people who received this message don't often get email from jennammcknight@gmail.com. Learn why thisis important CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Tiburon Town Councilmembers, I’m a Tiburon mom who lives in the Bel Aire neighborhood. I write today in regard to theParks & Recreation master plan, which is on the agenda for your March 20, 2024, meeting. Since last fall, I have attended six meetings about the master plan, as I’m very invested in our town’s recreational offerings. Much to my disappointment, I am unable to attend the TownCouncil meeting on March 20, but I’d like to ensure my thoughts are shared with you and entered into the record. I applaud the city for pursuing a master plan, and I have appreciated the many opportunitiesfor public input during the shaping of the plan. The Parks Division (notably, David Eshoo) and WRT are to be commended for their public engagement efforts. I, along with many other parents in the community, have one great wish for this plan: More(and better) recreational spaces for children and families. My specific wishes are as follows: 1) Upgrade Cypress Hollow Park; 2) Convert Bel Aire Park into usable park space; 3) Create a map (digital and physical) that clearly shows all of the park and open space offerings in Tiburon; 4) Build a community recreation center with a swimming pool. In regard to improving our parks: Our town has a severe lack of accessible, up-to-date, and well-maintained play spaces forchildren, particularly kids aged 0-5. In a town of over 13 square miles, we only have two public playgrounds open on weekdays — the one near Blackie’s Pasture and the one atCypress Hollow Park, both of which have drawbacks. The Blackie’s one is great, as it has an enclosed tot lot, a play area for older kids, and a bathroom — but it takes 10 to 15 minutes to walk there from the parking lot. The one atCypress Hollow Park has great potential, but it is severely lacking in numerous ways. The equipment is drab and outdated; there is no fence around the playground; the landscaping isneglected (most of the park is now a dirt lot); and the park is overrun with dogs and dog poop. The dog issue is a serious concern that keeps my family from regularly utilizing this park,despite its close proximity to our home. I have a very energetic 2.5-year-old boy, and to ensure he gets enough exercise and outdoor time each day, we generally take him to parks in other towns — Belvedere Park in Belvedere;Kay Park and Sycamore Park in Mill Valley; Town Park in Corte Madera; Dolliver Park in Larkspur. These are also the places I turn to for “mommy meetups” and hosting special events,such as birthday parties. Our surrounding towns seem to have figured out how to create desirable parks for kids and families. Why is Tiburon so far behind? In regard to my remaining two points (concerning a map and a recreation center): A map that clearly shows our parks and open space offerings would be immensely helpful.Case in point: I moved to Tiburon in early 2021, and I didn’t even realize Bel Aire Park existed until last fall, when I learned about it during a Parks Department meeting! As for a community recreation center, I understand we have the Dairy Knoll venue, which isan asset for our community. But why do we not have a community rec center on par with Mill Valley’s Community Center, which contains a full gym, swimming pool (with a waterslideand retractable roof!), and a preschool? Not to mention, just beyond the Mill Valley Community Center is a rich network of recreational spaces, including playing fields, abike/pedestrian trail, a skate park, a boat launch, a dog park, and the Hauke Park playground. What a wonderful example of a multi-use recreational space for the public. I hope the Tiburon Town Council will take inspiration from our surrounding communities andmake decisions that demonstrate a commitment to our town’s children and families. I understand that by the time any significant changes occur in Tiburon, my son will likely be apre-teen or teenager. That does not impact my thinking, as I believe that the best communities are those with vibrant and accessible public spaces that inspire and nourish residents at allstages of life. Tiburon is a multi-generational community, and our public spaces should reflect that. I appreciate your time and consideration. Thank you, Jenna M. McKnight From:Barclay Buss To:Lea Dilena Subject:Pickleball courts in Tiburon Date:Tuesday, March 19, 2024 6:18:57 PM [You don't often get email from bodhitesla@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, I am writing in support of pickleball courts in Tiburon. As you may know, pickleball is the fastest growing sport in the country, and there are not enough courts to support the need. You will be doing a great service to Tiburon in providing courts that will attract players from all over the Bay Area ( who then shop and eat after) and begin to satisfy your own resident’s needs. Barclay Buss From:Christina Millikin To:Town Subject:Feedback for Town Meeting on Blackie"s Pasture, March 20th Date:Tuesday, March 19, 2024 8:09:18 PM Some people who received this message don't often get email from christinamillikin@gmail.com. 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 Tiburon Town Council, My family lives in Tiburon and we are big fans of Blackies Pasture. When we heard of therenovation project and saw the proposed drawings, we were really excited to see the town investing in making this space even more welcoming to town residents! Unfortunately, I'munable to attend this week's meeting to share my thoughts, but I'd like to outline them here for your consideration as you decide the best design option: ParkingThe parking lot is very far from the current playground. For families, it's quite a walk to get there, and I usually opt for other playgrounds in the area simply because of the time and effortit takes to actually get to the playground. Imagine you get your preschooler to ride their bike all the way to the playground, but then realize you've forgotten something in the car! I'd love itif the playground could be closer to the parking lot for easier access. Playground Design An updated playground would be wonderful, as there are many amazing playgrounds in thearea and this particular one is outdated. I believe an inclusive design that is accessible to children with mobility challenges would align with our town's mission to focus on inclusion.Two amazing examples of fun and interactive playgrounds are Millenium Park in San Anselmo, as well as the new Tunnel Tops in the Presidio. To those that are opposed to makingchanges to Blackie's Pasture in general for fear of "ruining the peaceful nature of it," I'd like to point out that the Tunnel Tops has done a wonderful job of creating an interactive space thatlooks lovely in the natural setting of Chrissy Field, and still allows for peaceful walking to take place. PoolI'm not sure we need a community pool - a large population of Tiburon already belongs to private pool clubs and there is already a community pool in Strawberry. If a pool would beincluded, we'd need to add a massive amount of parking to handle the crowds as the current parking lot already gets full on the weekends. Food Trucks / Farmers MarketIt would be a really fun community-building opportunity to do evening food truck events or occasional Farmer's Markets over the summers, similar to the programming Fort Mason doesthroughout the year. I know people are concerned about getting food wrappers on the sports field, but perhaps this could be closer to where the Blackie statue is. My kids aren't old enoughto do sports, so we don't really get to enjoy Blackie's as frequently as those who play sports, and having a family-friendly Food Truck or Farmers Market event would be a great way toenjoy the space together and invite friends along. Kayak Launch I know part of the year the Bay is closed to small boats because of bird migration season, but Ibelieve during part of the year kayaks are allowed? If so, it would be great to have a kayak launch area that is open during the approved window of time each year. We own a kayak andcurrently have to go to Sausalito to launch it. The launch at Paradise Park is not well maintained and tricky for my kids to navigate. Thank you for your consideration,Christina Millikin 141 Taylor RoadTiburon From:Chelsea Young To:Town Subject:Recreational opportunities for kids Date:Tuesday, March 19, 2024 9:53:23 PM Some people who received this message don't often get email from chelsea.anne.young@gmail.com. Learn whythis is important CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, I would like to advocate for more spaces for recreational opportunities for kids in Tiburon inlight of the upcoming WRT presentation about the master plan for parks. I am a parent to three young boys. Professionally, I work with kids as a mental health provider. I strongly agree with this article published recently in the New York Times which describesthe increase in mental health challenges as kids become less independent and active in the real world and more dependent on social media and video games for social connection. https://www.nytimes.com/2024/03/18/opinion/internet-kids-social-media.html Kids need safe and appealing places to socialize. Better parks, bike lanes, and safe sidewalksand pedestrian crossings would help promote our kids’ independence and mental health in the long run. A new community center or public pool would also be amazing! Warmly,Chelsea From:SarahandChris To:Town Cc:Isaac Nikfar; Jack Ryan; Jon Welner Subject:Input for 3/20 Meeting and Parks & Rec Master Plan Date:Wednesday, March 20, 2024 12:10:03 AM Some people who received this message don't often get email from itshappening2016@gmail.com. Learn why thisis important CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Tiburon Town Councilmembers, Thank you for this incredible initiative to upgrade our Parks & Rec. Tiburon is one of the most beautiful places in the world to live! I really look forward to a day when families canmore easily enjoy its beauty and come together as a community. I am a mom of three young children and we live in Tiburon Crest. I've attended a number of the workshops, but sadlycannot join the 3/20 meeting. We love Blackie's, and it has so much potential. We love Ring Mountain (and hike there weekly with our kids), and see opportunities for more signage and linkage to other openspaces. We love the Bay, and see a huge opportunity for a public dock downtown (we use the one in Strawberry and at Sam's). We love the Ranch (we use it for school aftercare), andthere's a great opportunity for a modern community space for gatherings. Tiburon is famous for being a friendly, special community. This Master Plan is to be commended, and could play a major part in bringing the community together for generationsto come. The opportunity for multi-generational enjoyment is tremendous, as there is a notable lack of family-friendly options in Tiburon. Specifically, 1) Additional play areas for different ages at Blackies - things that include beautiful structures, not plastic monoliths, keeping in line with the natural beauty of Blackies. These would includeplaygrounds for tots and kids, small workout "stations" for adults along the parks/paths, art/music areas, more seating for teens/seniors.2) Better use of small open spaces (BelAire and other mini parks) with doggie bag stations and maintained trash pickup3) Contiguous open spaces (with maps!) 4) Public docks/ launch ramp(s)5) More picnic tables and gathering spaces around our beautiful Bay 6) Thinking big: saltwater pool built into the Bay/ by the Bay We are surrounded by incredible natural beauty, let's make it easier for our children to enjoyit! Thank you for your consideration and your dedication to our wonderful town. Sarah Reid 71 Via Los Altos, Tiburon CA 94920646-884-2466 From:Christina Millikin To:Town Subject:Re: Feedback for Town Meeting on Blackie"s Pasture, March 20th Date:Wednesday, March 20, 2024 8:56:09 AM Some people who received this message don't often get email from christinamillikin@gmail.com. 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 Town Council Members, In my previous email, I failed to mention that I also support recreational activities that wouldappeal to teens and young adults, such as a volleyball court, a small skate park, and a TRX outdoor fitness area (like the one on Marina Green in San Francisco). I feel like these sorts ofthings can be added easily and still be in line with the natural beauty of the surroundings. Picnic areas would also be nice, and a beach restoration to make the beach area more usablelike the one at Schoomaker Beach in Sausalito. Thank you, Christina Millikin141 Taylor Road On Tue, Mar 19, 2024 at 8:09 PM Christina Millikin <christinamillikin@gmail.com> wrote: Dear Tiburon Town Council, My family lives in Tiburon and we are big fans of Blackies Pasture. When we heard of therenovation project and saw the proposed drawings, we were really excited to see the town investing in making this space even more welcoming to town residents! Unfortunately, I'munable to attend this week's meeting to share my thoughts, but I'd like to outline them here for your consideration as you decide the best design option: ParkingThe parking lot is very far from the current playground. For families, it's quite a walk to get there, and I usually opt for other playgrounds in the area simply because of the time andeffort it takes to actually get to the playground. Imagine you get your preschooler to ride their bike all the way to the playground, but then realize you've forgotten something in thecar! I'd love it if the playground could be closer to the parking lot for easier access. Playground Design An updated playground would be wonderful, as there are many amazing playgrounds in thearea and this particular one is outdated. I believe an inclusive design that is accessible to children with mobility challenges would align with our town's mission to focus on inclusion.Two amazing examples of fun and interactive playgrounds are Millenium Park in San Anselmo, as well as the new Tunnel Tops in the Presidio. To those that are opposed tomaking changes to Blackie's Pasture in general for fear of "ruining the peaceful nature of it," I'd like to point out that the Tunnel Tops has done a wonderful job of creating an interactivespace that looks lovely in the natural setting of Chrissy Field, and still allows for peaceful walking to take place. PoolI'm not sure we need a community pool - a large population of Tiburon already belongs to private pool clubs and there is already a community pool in Strawberry. If a pool would beincluded, we'd need to add a massive amount of parking to handle the crowds as the current parking lot already gets full on the weekends. Food Trucks / Farmers MarketIt would be a really fun community-building opportunity to do evening food truck events or occasional Farmer's Markets over the summers, similar to the programming Fort Masondoes throughout the year. I know people are concerned about getting food wrappers on the sports field, but perhaps this could be closer to where the Blackie statue is. My kids aren'told enough to do sports, so we don't really get to enjoy Blackie's as frequently as those who play sports, and having a family-friendly Food Truck or Farmers Market event would be agreat way to enjoy the space together and invite friends along. Kayak Launch I know part of the year the Bay is closed to small boats because of bird migration season, butI believe during part of the year kayaks are allowed? If so, it would be great to have a kayak launch area that is open during the approved window of time each year. We own a kayakand currently have to go to Sausalito to launch it. The launch at Paradise Park is not well maintained and tricky for my kids to navigate. Thank you for your consideration,Christina Millikin 141 Taylor RoadTiburon From:Kerry Davidson To:Lea Dilena Cc:Dan Fitzgerald Subject:Pickleball YES! Date:Wednesday, March 20, 2024 10:08:54 AM [You don't often get email from drkerryd@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Do not click links or open attachments unlessyou recognize the sender and know the content is safe. Dan and I would like to strongly encourage Tiburon to embrace Pickleball. Although we have lived in Tiburon formany years, we rarely play in our hometown because there are few public facilities. I know many others havewritten about how inclusive pickleball is for all ages and abilities. I would like you to consider it from theperspective of drawing business into the town. In the areas where there are available courts — Novato, Mill Valley, Larkspur, etc, there are regular large crowdsthat gather to play and socialize. After playing, we go to the local shops to do errands, go out for meals or drinks,etc. Tiburon puts a lot of effort into trying to draw visitors from out of town, but that seems mostly focused ontourists. The pickleball community is low hanging fruit. We are mostly locals to Marin and are much more likely tobecome regular visitors. I know many, many Tiburon residents who are avid pickleball players, but few who actually play in Tiburon. Iwould guess that they are like me — we do our errands on the way to or from playing. Imagine if you could keep allof us on the peninsula and how that would support our local shops and businesses. I would love to see the Ranch embrace pickleball with attractive facilities and sponsor a league or teamcompetitions.Tiburon has the opportunity to use pickleball as a driver to bring people into town and build community. We urgeyou to embrace it! Thank youKerry Davidson From:Patricia Intemann To:Lea Dilena Cc:trishintemann@gmail.com Subject:Pickleball Courts Date:Wednesday, March 20, 2024 10:32:20 AM [You don't often get email from trishintemann@icloud.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Do not click links or open attachments unlessyou recognize the sender and know the content is safe. Good morning This is a very important plan and decisionto support the Pickleball sport. Many ages are participating and enjoying fun andfriendship nowadays …yippee! Please approve building 6courts in Tiburon .Thankyou and come and play TrishIntemann From:Jill Hamer To:Lea Dilena Subject:YES Pickleball please!! Date:Wednesday, March 20, 2024 10:53:16 AM You don't often get email from jill@hamerhome.com. Learn why this is important CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning! I am writing in strong support of the pickleball courts in Tiburon. I have lived at 4 Saint Bernard Lane for over 30 years, raised my kids here and love Tiburon. I also own the home next door at 14 Saint Bernard, which I rent to my brother. I lost my husband 10 years ago. Social events have not always been easy. Pickleball has added a wonderful new dimension to my life – both healthwise and socially. I have been driving into Ross and the far end of San Rafael to play pickleball because of the lack of nice facilities in Tiburon. I would absolutely love to see Tiburon catch up with the rest of the world in supporting nice community facilities for this fun and social activity. I go to open play social pickleball hours in other towns because I can just show up on my own at my convenience without having to coordinate many schedules. I have never experienced anything that builds community so quickly and easily as pickleball courts with open play times. I have a home in Mexico and saw the same phenomenon there – after having owned for over a decade there, it wasn’t until pickleball social events that the development where I have my villa became a real community. I strongly support Tiburon building the best pickleball facility in Marin – since Tiburon is the best town in Marin. I am at my villa in Mexico right now, so am unable to be at the meeting in person, but would absolutely be there with strong support if I were in town. Thank you for your consideration and I really hope this passes. Warm Regards, Jill Hamer U.S. Mobile: 415.609.1002 From:Parker Pringle To:Lea Dilena Subject:DI-1 Parks and Rec Master Plan Comment Date:Wednesday, March 20, 2024 10:53:27 AM You don't often get email from pwpringle@gmail.com. Learn why this is important CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Tiburon Town Councilmembers: I have two comments for item DI-1 Parks and Recreation Master Plan Update. 1) Blackie's Pasture/Greenwood Beach: WRT should identify the shallow hard sandybottom off Greenwood Beach as a kind of amenity, separate from the beach itself, and include it in their analysis. I'm attaching a Google Maps image with the hard sandy bottom areamarked in yellow. Wadeable intertidal areas are pretty rare in San Francisco Bay and Greenwood Beach is a prime example. The only other wadeable bottom area on the west shoreof the Peninsula is at Beach Road and Tiburon Boulevard. The specific reason I would like to call this area to WRT's attention is that the Town has a Greenwood Beach Restoration Projectin the works which may involve using sand from this wadeable portion of the bay to replenish the beach with sand. If that work involves the elimination of this wading area by significantlylowering the elevation of the bay bottom there, or, over the long-term, converting the hard bottom to a muddy one that is unsuitable for wading, that would mean the loss of a rareamenity. So, it would be nice for WRT to take a look at this area in the course of their analysis and identify possible impacts from the restoration project or even changes to the restorationproject which would protect this amenity. 2) Shoreline Park: Shoreline Park has very limited parking availability on weekends. If WRT is getting into parking and access issues, they should look at ways of increasing efficient useof what limited parking exists in and around the park. What comes to mind is the Caprice's parking needs for their employees and patrons and whether their valet service can make use oftheir offsite parking location at Pt. Tiburon Plaza. There are also about ten or so parking spots at Sanitary District 5 which the Town could possibly be put to public use one way or anothermaybe through some formalization of the existing informal agreement allowing Caprice's valet to use these spots. I'm thinking something along the lines of the arrangement whereby theTown doesn't charge SD5 for encroachment permits in exchange for free sewer service. I don't know if the Town's Mar West street right of way extends into the SD 5 parking spaces but if itdoes maybe there's option there to do something in conjunction with the Caprice? Thanks, Parker From:Parker Pringle To:Lea Dilena Subject:Re: DI-1 Parks and Rec Master Plan Comment Date:Wednesday, March 20, 2024 11:01:05 AM You don't often get email from pwpringle@gmail.com. Learn why this is important CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Lea could you possibly attach this email and the attached photo to my previous comment I justsent. I found this slide on the town website it does a much better job showing the wadeable area of the bay at Greenwood Beach. I've marked the area that is used for wading in greenhere. Thanks. On Wed, Mar 20, 2024 at 10:52 AM Parker Pringle <pwpringle@gmail.com> wrote: Tiburon Town Councilmembers: I have two comments for item DI-1 Parks and Recreation Master Plan Update. 1) Blackie's Pasture/Greenwood Beach: WRT should identify the shallow hard sandybottom off Greenwood Beach as a kind of amenity, separate from the beach itself, and include it in their analysis. I'm attaching a Google Maps image with the hard sandy bottomarea marked in yellow. Wadeable intertidal areas are pretty rare in San Francisco Bay and Greenwood Beach is a prime example. The only other wadeable bottom area on the westshore of the Peninsula is at Beach Road and Tiburon Boulevard. The specific reason I would like to call this area to WRT's attention is that the Town has a Greenwood Beach RestorationProject in the works which may involve using sand from this wadeable portion of the bay to replenish the beach with sand. If that work involves the elimination of this wading area bysignificantly lowering the elevation of the bay bottom there, or, over the long-term, converting the hard bottom to a muddy one that is unsuitable for wading, that would meanthe loss of a rare amenity. So, it would be nice for WRT to take a look at this area in the course of their analysis and identify possible impacts from the restoration project or evenchanges to the restoration project which would protect this amenity. 2) Shoreline Park: Shoreline Park has very limited parking availability on weekends. If WRT is getting into parking and access issues, they should look at ways of increasingefficient use of what limited parking exists in and around the park. What comes to mind is the Caprice's parking needs for their employees and patrons and whether their valet servicecan make use of their offsite parking location at Pt. Tiburon Plaza. There are also about ten or so parking spots at Sanitary District 5 which the Town could possibly be put to public useone way or another maybe through some formalization of the existing informal agreement allowing Caprice's valet to use these spots. I'm thinking something along the lines of thearrangement whereby the Town doesn't charge SD5 for encroachment permits in exchange for free sewer service. I don't know if the Town's Mar West street right of way extends intothe SD 5 parking spaces but if it does maybe there's option there to do something in conjunction with the Caprice? Thanks, Parker From:kathy Malaney To:Lea Dilena Subject:Re: Pickleball Date:Wednesday, March 20, 2024 11:33:27 AM [You don't often get email from kathy.malaney@mac.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Easter? Eager! Ha! Sent from my iPhone > On Mar 20, 2024, at 11:22 AM, kathy Malaney <kathy.malaney@me.com> wrote: > > Hello! > I am Easter to see Tiburon have more courts. We worry about the mental welfare of people in this society and the antidote is more time for family and friends to engage. Pickleball is inclusive for all ages! > > Please say YES!!! > > Kathy Malaney > Sent from my iPhone From:Peter Mueller To:Lea Dilena Subject:Supporting Pickleball Courts In Tiburon Date:Wednesday, March 20, 2024 11:35:37 AM You don't often get email from pminsf@sbcglobal.net. Learn why this is important CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. In care of L. Dilena: Dear Tiburon Town Council Members, I strongly support adding six dedicated pickleball courts to the Tiburon Community. I have either resided or owned property in the Tiburon Peninsula for my entire life, some 62 years! I am also a former ranked junior and collegiate tennis player who has who has whole-heartedly embraced transitioning to pickleball. Pickleball is a great way to stay active and fit, and it creates community. Who wouldn't want any of those things where they live? Six courts approximately cover the space for two to two-and-one-half tennis courts. It's not massive by any means, but at 6 courts its scale is meaningful enough to create a community. Six pickleball courts can serve three times the amount of people when compared to two tennis courts. That's quite a benefit and very efficient space utilization. I understand that a possible site is the sanitary district adjacent to Blackie's Pasture. That's an excellent choice., The anticipated noise created by pickleball would likely be completely mitigated by the traffic noise along Tiburon Boulevard. If there are better site options, I'd support those too. Thank you for you consideration, Peter Mueller Peter Mueller (M) 415-613-4926 From:Ken Rowles To:Lea Dilena Subject:Parks Master Plan Comment for the Town Council. Date:Wednesday, March 20, 2024 11:48:18 AM You don't often get email from kenrowles@msn.com. Learn why this is important CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Thank you to the Town Council and Committee for undertaking this big project. There are a lot of great ideas. But, do we need more pickleball courts? I couldn't find a use study of the current pickleball courts so I did one myself. Since January 1, I have totally unscientifically tracked how often the tennis courts across from the Reed School are being used for pickleball. Whenever I pass by in the daytime and it isn't raining, I look to see if the courts are in use. In my unscientific analysis across various days and times, only 2 / 30 times I have passed were the pickleball courts in use. Additionally, I can always get a court at TPC as the schedule is often empty and friends at BTC say no one ever plays there. From my unscientific study, there isn't a need for new courts for a game that is showing signs of waning popularity (see 1980s paddle ball for a cautionary tale). Why prioritize adding new pickleball courts to Blackies Pasture over so many other great ideas where there are no other options? In a process that identified new activities for kids as one of the highest priorities, old people like me (and most of the survey participants) opining on what kids want to play with will likely end up with a bunch of stuff that kids don't want to play with. Replicating the wildly popular (with kids) new Tunnell Top Park in Chrissy field that would likely draw more use than any of the other diversified proposals. And, the great presentation by the Tiburon student about adding sand volleyball courts seems to have been dismissed. Volleyball has one of the highest rates of participation by local kids yet there is no where to play in the sand. The opaque PIR ranking somehow rated pickleball where there are already lots of courts over sand volleyball courts where there are none. Lastly, with the big and increasingly ugly controversy with TPC over the pickleball noise unresolved, could we be opening a potentially, large, open-ended financial liability for the town with new pickleball courts? Or if there is evidence of demand for pickleball, get ahead of this and put the pickleball courts inside of a building where they could be used at all hours and times with no impact on the neighbors and also be used for futsal, basketball, volleyball, etc. and avoid the legal entanglement. Finally, Tiburon has an opportunity to create an iconic, one of a kind, legacy park - but is $1 million short. Before doing anything else, be bold and close the deal by allocating from the Parks budget to the final $1 million for the Martha Property to create one of the greatest parks in the world. We may never have this incredible opportunity again. Thank you, Ken Rowles From:Diane Lynch To:Lea Dilena Subject:YES to pickle ball Date:Wednesday, March 20, 2024 11:57:57 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. I’d like to put in a word in favor of the idea of building some pickle ball courts in Tiburon. My dad put in a pickleball court at their summer place in Washington state in 1984 and it was the site of many wonderful parties, tournaments, etc. We need more ways to bring the community together and what’s better than a racquet game that can be played and enjoyed by all ages? From what I understand there are quieter paddles/balls available, so people need to be encouraged to use that type of equipment. End of story. Build it and they will come. Kindly pass this on to the Town Council. Diane Lynch Tiburon resident since 1983 From:Amy Drake Jacobs To:Lea Dilena; Jack Ryan; Alice Fredericks; Holli Thier; Jon Welner; Isaac Nikfar Subject:Recreation Plan - Blackies Date:Wednesday, March 20, 2024 12:54:33 PM Some people who received this message don't often get email from amydjacobs@gmail.com. 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 Council members, Thank you for the time and energy you are spending to make our town a community. I am abig supporter of more pickleball courts, volleyball courts, and bocce courts on our peninsula. These three sports are multi-age and mixed-gender sports that are easy, fun, and inexpensiveto play. They are community bonding activities. I hope that you have also considered a multi-use gym at the site of the ponds near Blackies. My vision for the recreation building:- one big multi-use room that could be used to fill various needs of our community. It could be used for basketball, volleyball, pickleball, bridge events, Tib/Bel rec classes, town & schoolcelebrations (like Reed Regatta). - Glass wall facing the Bay to take advantage of the beautiful views- Living roof so that the view from Tiburon Blvd would remain natural. The height of the building would not impact Bay views from the road. - Walls on all sides would keep any noise contained and the lights at night would only face the Bay. - It could potentially also have a simple cafe (coffee, hot chocolate, simple grab & go items) attached to it, which would also be a nice feature for those enjoying Blackies and the path butit could also be a revenue source for upkeep, etc. (Plus a great job opportunity for our teens!) If a building at that sight is not feasible, I would support outside sports courts (hopefully a mix of all three mentioned above). Thank you for listening. Best, Amy Jacobs 415-307-7166Belvedere Resident From:C Baggs To:Lea Dilena Subject:Please add Pickleball to recreation plan Date:Wednesday, March 20, 2024 1:16:39 PM You don't often get email from baggsjm@outlook.com. Learn why this is important CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Tiburon City Council,I am writing to ask that the recreation plan incorporate Pickleball as a key component. I am sure you are already aware of the popularity of the sport. But two other points I would like you to consider are:1. . The impact on traffic when we do not have courts available on the peninsula and are forced to drive elsewhere. 2. The opportunity for the Tiburon peninsula to get that much closer to becoming a new BlueZone by providing ample space for an activity which is widely known for its potential to support deep roots to community and promote healthy aging. Hundreds of us peninsula residents are forced to drive off the peninsula through traffic and toother communities to play a few times a week. This adds to our well-documented congestion problem on our roads and misses out on an opportunity to support physical, mental, andcommunity health. Years ago, when asked about getting more Pickleball courts on the peninsula, a city council member responded by posting a map on Nextdoor.com of pickleball courts in othercommunities. This is kind of dodge is not an acceptable response. We have a great opportunity to meet the needs of our community, support joyful athleticism, bolster mental health and cutdown on traffic by building a new facility. And I hope that futureplans take this into consideration. Thank you, Chris Denniston From:David Eshoo To:Lea Dilena Subject:FW: You have a new form submission on your Webflow site! Date:Wednesday, March 20, 2024 2:46:29 PM Late Mail David O. Eshoo Engineering Manager | Administration & Engineering 1505 Tiburon Blvd | Tiburon, California 94920 Tel: 415-435-7388 | Email: deshoo@townoftiburon.org From: christine.o@comcast.net <christine.o@comcast.net> Sent: Wednesday, March 20, 2024 2:35 PM To: David Eshoo <deshoo@townoftiburon.org> Cc: Peter Winch <PWinch@wrtdesign.com>; 'Olivia Grenzebach' <OGrenzebach@wrtdesign.com> Subject: FW: You have a new form submission on your Webflow site! 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. From: Webflow Forms Webflow Forms <no-reply-forms@webflow.com> Sent: Wednesday, March 20, 2024 2:34 PM To: christine.o@comcast.net Subject: You have a new form submission on your Webflow site! You just got a form submission! Form Email Form Site Tiburon Parks Plan Submitted content Name: Chris Denniston Address: 6 Beach Road, Suite 644 Message: I am writing to ask that Tiburon incorporate Pickleball courts in its new Parks and Recreation Master Plan. Hundreds of residents play pickleball. Hundreds. And we play 3-4 times a week. Pickleball builds community ties unlike any other activity I've witnessed in the almost 30 years I've lived here. We play together and we have built strong bonds. These bonds go way beyond pickleball. We support community members who are ill, need transportation, or need pet sitting, or just about anything else. Most of us have to drive elsewhere to play--clogging up traffic on the one road in and out of here. Its time we build a recreational facility to support our community rather than assuming everyone can join expensive clubs or drive to other towns to exercise. (Heck, TPC has a $28K initiation fee and a five year waitlist!) This is a great opportunity for Tiburon and many of us stand ready to help make the vision of a real multi-purpose recreational facility come to life. Let's do this! If we do, we'll be that much closer to becoming a Blue Zone community. (https://info.bluezonesproject.com/home) Sincerely, Chris Denniston Number of submissions received 46/1000 this month March 1st – March 31st Need more submissions? Please contact your website administrator. If you believe this is a spam submission, please forward to form-spam- reports@support.webflow.com Unsubscribe from notifications for this site. From:Masako Takagi To:Lea Dilena Subject:Fwd: Pickleball Court Date:Wednesday, March 20, 2024 3:00:44 PM You don't often get email from masakosfo@gmail.com. Learn why this is important CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, I am writing to you as I understand you'd be discussing the addition of dedicated pickleball inTiburon. Unfortunately due to another prior commitment I cannot be there in person, hence writing to you to provide my input. I have been playing in public and private clubs since I started 2 yrs ago. The reason I play isfor the fun of the game, but also for the community that brings people of various backgrounds and generations together. My kids grew up in Tiburon (RUSD) and have first tired pickleball while at Del Mar. Itwould be great if the town of Tiburon can be the evangelist to start a public pickleball courts to bring people together. Thank you for your consideration and looking forward to a positive outcome from thisevening's meeting. Please let me know if you have any questions or concerns. -- Masako Takagi Tel: 415-602-5494 From:Anjanette Pena To:Lea Dilena Subject:Dedicated Pickleball Courts Date:Wednesday, March 20, 2024 4:33:15 PM You don't often get email from anjiepena50@gmail.com. Learn why this is important CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi ! My name is Anjanette Pena and I am writing for you to consider adding more publiclined or even dedicated Pickleball courts . Current Tiburon courts are mostly either private or require a key such that it stifles open rotational play that you find elsewhere such as Piper Park in Larkspur or Todd Senior Centerin Novato. Pickleball is a unique activity in that it can support mixed generation & gender and is social, which builds a community. It’s accessible with a low cost paddle and easy to playimmediately. Having 4+ pickleball courts in a single venue would support public open rotational play. Thank you, Anjie Larkspur resident You don't often get email from jennypeng@comcast.net. Learn why this is important From:David Eshoo To:Lea Dilena Subject:FW: Support for the Establishment of 6 Pickleball Courts in Tiburon Date:Wednesday, March 20, 2024 5:29:51 PM I think I may have sent this over to you already. David O. Eshoo Engineering Manager | Administration & Engineering 1505 Tiburon Blvd | Tiburon, California 94920 Tel: 415-435-7388 | Email: deshoo@townoftiburon.org From: Jenny Peng <jennypeng@comcast.net> Sent: Wednesday, March 20, 2024 4:51 PM To: David Eshoo <deshoo@townoftiburon.org> Subject: Fwd: Support for the Establishment of 6 Pickleball Courts in Tiburon CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mr. Eshoo, I was not able to submit my letter below via the Tiburon Parks website. I want to make sure you have my letter of support for the 6 Pickleball courts proposal. Many thanks, Jenny Peng Begin forwarded message: From: Jenny Peng <jennypeng@comcast.net> Subject: Support for the Establishment of 6 Pickleball Courts in Tiburon Date: March 17, 2024 at 1:26:27 PM PDTTo: ldilena@townoftiburon.org Dear Tiburon Council Members, I am writing to express my strong support for the campaign to establish six dedicated pickleball courts in Tiburon. As an avid pickleball player and resident of Tiburon, I believe that this initiative would significantly benefit our community in several ways. As a resident of Tiburon, I firmly believe that public pickleball courts would benefit our community in numerous ways. Beyond being an enjoyable recreational activity, pickleball serves as an excellent avenue for building social connections and fostering a sense of community. Personally, I have experienced the joy of reconnecting with old friends from our town and forging new friendships through this sport. The inclusive nature of pickleball has encouraged individuals like myself, who had never previously engaged in racquet sports, to participate and find fulfillment in physical activity. It's important to note that many Tiburon pickleball enthusiasts, myself included, are not members of Tiburon Peninsula Club (TPC) or Belvedere Tennis Club (BTC). Consequently, our access to the existing public court is severely limited, often requiring us to scramble for reservations days in advance. This situation is exacerbated by the underutilization of tennis courts, which a few could be repurposed to accommodate pickleball players without displacing other activities. In closing, I want to emphasize that my support for expanding pickleball facilities in Tiburon is not intended to pit players against other residents. Rather, it is a sincere appeal for dialogue and collaboration to find a solution that benefits the entire community. I trust that the Council will carefully consider the merits of this proposal and work towards a resolution that balances the needs and concerns of all stakeholders. Thank you for your attention to this matter. I look forward to the opportunity to discuss it further and contribute to the ongoing conversation about the future of pickleball in Tiburon. Yours sincerely, Jenny Peng 222 Round Hill Road, Tiburon 415 218 5640 From:hp spindler To:Lea Dilena Subject:Pickle ball Courts In Tiburon Date:Wednesday, March 20, 2024 5:49:49 PM You don't often get email from spintexmfg@hotmail.com. Learn why this is important CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, I am a pickleball player living on the Tiburon Peninsula. I play in Sausalito, Mill Valley and San Rafael. I would very much like to see local courts built in Tiburon for open play. It is a wonderful sport for all ages. And of all the sports I have played, I think ipickle ball might be the most fun. Howard Spindler Belvedere From:Michael Bohdan To:Lea Dilena Subject:Tiburon Pickkeball Date:Wednesday, March 20, 2024 6:03:49 PM You don't often get email from michaelbohdan@sbcglobal.net. Learn why this is important CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello I deeply concur with David's statements below.It is no wonder that pickleball is moving so strongly through our community and nationally. We so need activities where we embrace our differences and find joy in playing together inwhatever form it takes. Pickleball is such an activity. Michael Bohdan Hi my name is David Wygant, and I am writing for you to consider adding more public linedor even dedicated Pickleball courts . Current Tiburon courts are mostly either private or require a key such that it stifles open rotational play that you find elsewhere such as Piper Park in Larkspur or Todd Senior Centerin Novato. Pickleball is a unique activity in that it can support mixed generation & gender and is social, which builds a community. It’s accessible with a low cost paddle and easy to playimmediately. Having 4+ pickleball courts in a single venue would support public open rotational play. Thank you, David Sent from AT&T Yahoo Mail on Android TOWN OF TIBURON PAGE 1 OF 4 STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Manager Subject: Receive Update on Status of Mill Valley Refuse Service Franchise Agreement Extension Timeline and Provide Direction to Staff Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY With regards to the existing Franchise Agreement (Agreement) with Mill Valley Refuse Service for residential and commercial waste hauling services, the current Agreement terminates on June 30, 2026. However, the Agreement provides for an automatic 5-year extension unless the Town provides written notice of its intent to not extend the Agreement. This written notice must be provided to MVRS by June 30, 2024. Staff will provide an update to Council on this matter and seek direction from Council as to any additional information they would like before considering action on the item at a future Council meeting. RECOMMENDED ACTION(S) Staff recommends that the Town Council: 1. Receive the Staff Report and any Public Comment and provide direction to staff regarding any additional information required prior to considering this matter as an Action Item in May 2024. BACKGROUND The Town of Tiburon has had an exclusive Franchise Agreement (Agreement) for solid waste collection with Mill Valley Refuse Service (MVRS) since 1965. The current Agreement was approved by Council on June 15, 2011, with an effective date of July 1, 2011. The initial term of the Agreement was for ten years, and it provided for two optional five-year extension periods (2021-2026 and 2026-2031 respectively). Per the agreement, these extensions occur automatically unless the Town Council votes not to extend the Agreement and provides written notice to MVRS as to that decision. A copy of the Agreement is attached as Exhibit 1. With regards to the 1st five-year extension, on May 18, 2016, the Council voted unanimously to allow the extension to go forward. This extended the Agreement until June 30, 2026. Regarding the possible 2nd five-year extension (June 30, 2026-June 30, 3031), the Agreement required that Council make decision by June 30, 2021. To assist the Council in their discussions TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting March 20, 2024 Agenda Item: DI-2 Town Council Meeting March 20, 2024 TOWN OF TIBURON PAGE 2 OF 4 in 2021, the Town engaged with R3 Consulting Group (R3) to complete a franchise extension analysis related to the service. R3 has extensive experience assisting municipal clients navigate and analyze issues related to solid waste management. Their services are focused in the following areas: solid waste planning, operations and performance reviews, procurement and negotiation assistance, financial and rate analysis, and compliance assistance. In May 2021, the Council received the final report and a presentation from Garth Shultz, Principal at R3. Recap of 2021 R3 Franchise Analysis Report In conducting the franchise extension analysis for Tiburon in 2021, R3 was asked to consider the following: • Current services provided. Are the current programs, services, and performance standards sufficient and in alignment with industry standards and best practices? • Satisfaction with MVRS’s current provision of services. Is MVRS in compliance with the current contract? Is MVRS’s performance acceptable to the Town? How does MVRS’s diversion performance compare to regulatory requirements and surrounding jurisdictions? • The current market environment for solid waste collection and hauling operations, locally and statewide. What are the results of recent competitive procurements and negotiated extensions? Are there other qualified haulers operating nearby that might participate in a competitive procurement process? • The current regulatory environment and upcoming regulations. What will soon be required of MVRS under the upcoming regulations? What will be required of the Town? What responsibilities can the Town request that MVRS take on? • Customer rates. Are the rates paid by the Town’s residents and businesses higher or lower than the rates paid by nearby comparable jurisdictions’ ratepayers? How would MVRS’s rate increase request affect the customer rates as they compare to other jurisdictions? Does MVRS appear to be making a fair and reasonable return? Based on this scope of work, R3 completed and provided the Town with a report. In addition, Garth Schultz, Principal at R3, attended the May 2021 Council meeting to provide a presentation to the Council on the report’s findings. A summary of these findings is as follows: • While the Agreement is already 10 years old, there are only a few priority improvements that may be considered by the Town. • Based upon an assessment provided by Town staff, MVRS’s performance of the requirements in the agreement is satisfactory. Diversion performance is adequate. • The solid waste hauling market’s appetite for bidding on new contracts, given prevailing uncertainty, is low, and resulting competitive bids tend to be high. • Regulatory requirements are increasing, and MVRS has effectively assisted the Town in complying with prior regulations. The agreement also requires MVRS to meet regulatory requirements. Town Council Meeting March 20, 2024 TOWN OF TIBURON PAGE 3 OF 4 • The Town’s rates are close to surrounding jurisdictions’ rates, and the rate adjustment methodology appears to be advantageous to the Town. • The Town receives more additional services included in their rates than the surrounding jurisdictions. A copy of the full 2021 R3 report is attached as Exhibit 2, and the presentation provided by R3 at the May 2021 meeting is attached as Exhibit 3. In addition, a representative from R3 will be available at today’s meeting to answer any questions from the Council. At the conclusion of discussion on this matter in May 2021, Council directed staff to seek from MVRS an amendment to the Agreement to extend the deadline by which Council needs to determine whether to exercise the 2nd five-year extension (2026-2031). MVRS agreed to the request and on June 2, 2021, the Council approved a 1st Amendment to the Agreement. This amendment extended the deadline for Council to decide whether to exercise the 2nd 5 Year extension to June 30, 2024. A copy of this amendment is attached as Exhibit 4. Subsequent to the adoption of the 1st Amendment to the Agreement, the Town and MVRS agreed to a 2nd Amendment to the Agreement in 2022. This 2nd Amendment was related to the implementation of Senate Bill 1383 (2016). Recap of Senate Bill 1383 Implementation Senate Bill 1383 (SB 1383), the Short-lived Climate Pollutant: Organic Waste Methane Emissions Reduction Act of 2016 required CalRecycle to develop regulations to reduce organics in landfills as a source of methane by 2030. To comply with the requirements of SB 1383 and CalRecycle regulations, jurisdictions were required adopt ordinances or other enforcement mechanisms to accomplish the goal of reducing organic materials delivered to landfills. Reducing organics in landfills reduces the production of methane, a harmful greenhouse gas. In 2022, Council approved several actions to comply with the requirements of SB1383, including approving a 2nd Amendment to the MVRS Agreement on September 7, 2022. In this 2nd Amendment, MVRS agreed to undertake the majority of the inspection, education and outreach requirements of the law and monitor contamination and conduct compliance reviews. A copy of the Staff Report from the September 7, 2022 meeting is attached as Exhibit 5 and a copy of the approved 2nd Amendment is attached as Exhibit 6. ANALYSIS As noted above, the deadline for deciding whether to exercise the 2nd 5-year extension of the Agreement is June 30, 2024, and staff anticipates bringing this to Council as an action item in May 2024. The purpose of tonight’s agenda item is to provide the Council with background information on the matter and to seek direction from Council as to any additional information Council would like to make an informed decision. FINANCIAL IMPACT Staff anticipates no financial impact to the Town resulting from this action. Town Council Meeting March 20, 2024 TOWN OF TIBURON PAGE 4 OF 4 CLIMATE IMPACT Staff has determined this action will have no direct climate impact to Tiburon. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council: Receive the Staff Report and any Public Comment and provide direction to staff regarding any additional information required prior to considering this matter as an Action Item in May 2024. Exhibit(s): 1. 2011 Mill Valley Refuse Service Franchise Agreement 2. R3 Consulting Group Report (May 2021) 3. R3 Presentation Slides (May 2021) 4. 1st Amendment to Solid Waste Management Agreement between the Town of Tiburon and Mill Valley Refuse Service, Inc. 5. September 7, 2022 Staff Report-SB 1383 Implementation 6. 2nd Amendment to Solid Waste Management Agreement between the Town of Tiburon and Mill Valley Refuse Service, Inc. Prepared By: Greg Chanis, Town Manager EXHIBIT 1 SOLID WASTE MANAGEMENT AGREEMENT BETWEEN THE TOWN OF TIBURON AND MILL VALLEY REFUSE SERVICE, INC. July 1, 2011 TABLE OF CONTENTS SECTION 1.GRANT AND ACCEPTANCE OF EXCLUSIVE RESIDENTIAL AND COMMERCIAL FRANCHISE 2 SECTION 2.DEFINITIONS 5 SECTION 3.TERM 9T SECTION 4.OWNERSHIP OF SOLID WASTE ....................................................9 SECTION 5.DUTIES OF COLLECTOR AND SERVICES PROVIDED BY COLLECTOR 10 SECTION 6.DUTIES OF TOWN 18 SECTION 7.COMPLIANCE WITH LAWS AND REGULATIONS 19 SECTION 8.TERMINATION FOR NON-PERFORMANCE 19 SECTION 9.INSURANCE AND BOND 20 SECTION 10.RIGHTS OF TOWN TO PERFORM DURING EMERGENCY 22 SECTION 11.PRIVACY 25 SECTION 12.HAZARDOUS SUBSTANCES INDEMNIFICATION ...................26 SECTION 13.FRANCHISE AND OTHER FEES 26 SECTION 14.EXAMINATION OF RECORDS 30 SECTION 15.RIGHT OF INSPECTION 32 SECTION 16.RATE ADJUSTMENT AND REVIEW 33 SECTION 17.BILLING 42 SECTION 18.AB 939 42 SECTION 19.ASSIGNMENT 43 SECTION 20.FURTHER BENEFITS 45 SECTION 21.COLLECTION EQUIPMENT 46 SECTION 22. SERVICE EXCEPTIONS; HAZARDOUS WASTE NOTIFICATIONS 46 SECTION 23. PUBLIC ACCESS TO COLLECTOR 47 SECTION 24. INDEMNIFICATION .......................................................................48 SECTION 25. CHANGES IN LAWS 50 SECTION 26. EXCUSE FROM PERFORMANCE 504 SECTION 27. GENERAL PROVISIONS ................................................................51 SOLID WASTE MANAGEMENT AGREEMENT THIS SOLID WASTE MANAGEMENT AGREEMENT (hereafter referred to as this "Agreement") is made and effective as of this 1St day of July, 2011, by and between the Town of Tiburon, a municipal corporation, hereinafter referred to as "Town" or "the Town," and Mill Valley Refuse Service, Inc., a California corporation, hereinafter referred to as "Collector." WITNESSETH: WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 ("AB 939"), has declared that it is within the public interest to authorize and require local agencies to make adequate provisions for solid waste handling within their jurisdictions; and WHEREAS, exclusive franchises may be granted for solid waste handling pursuant to section 40059 of the Public Resources Code of the State of California and the granting of said exclusive right is intended to enable Town to better regulate the collection, removal and transportation for disposal of said solid waste inasmuch as it is in the public's interest; and WHEREAS, the granting of an exclusive franchise to Collector is in the best interest of Town and its citizens in that such a grant (i) furthers the Town's desire to mitigate the potentially adverse impacts that unrestricted refuse equipment and vehicles might have on Town's infrastructure, and (ii) furthers the prevention of actual and potential public health hazards and nuisances, and thereby promotes the public health, safety and well-being, by providing for collection and transportation for disposal of refuse within the Town; and WHEREAS, it is the desire of Town to ensure compliance with provisions of the laws governing the safe collection, transport; recycling and disposal of solid waste, including AB 939 as it now exists or as it or its successor legislation may be modified or enacted in the future, the Resource Conservation and Recovery Act, and the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), with the express purpose in mind of meeting the waste-diversion goals established by the State of California; and WHEREAS, Collector agrees and acknowledges that, to the extent required by and otherwise in accordance with the terms of this Agreement, it shall collect, transfer, and transport for disposal all solid waste generated within the boundaries of Town and that Town is not instructing Collector how to collect or where to dispose of solid waste; and WHEREAS, Collector has represented and warranted to Town that it has the experience, responsibility and qualifications to arrange with residents and with commercial, industrial, institutional and other entities in. Town for the collection and safe transport to disposal facilities of solid waste, and Town determines and finds that the public interest, health, safety and well-being would be best served if Collector were to make arrangements with such residents and other entities to perform these services; and WHEREAS, Town and Collector or its predecessors had heretofore entered into an agreement dated November 12, 1965 (the "First Agreement"), granting the exclusive right of arranging for the collection, removal and disposal of solid waste from within Town to Collector, and Collector has been satisfactorily serving the residents of the Town as its official garbage collector continuously since 1965; and WHEREAS, on December 6, 1995, the parties hereto replaced and superseded the First Agreement by a new written agreement (the "Existing Agreement"), which the parties have amended numerous times, and on September 5, 2003, Town gave notice of cancellation to Collector pursuant to Section 2 of the Existing Agreement, such that the Existing Agreement is now scheduled to terminate on December 31, 2012; and WHEREAS, Town and Collector now desire to enter into this Agreement as a new agreement to become effective at 12:01 a.m. on July 1, 2011 (the "Effective Date"), and desire that, commencing with the Effective Date, this Agreement shall replace and supersede the Existing Agreement (including all amendments, addenda and modifications thereto); NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, Town and Collector agree as follows: SECTION 1. GRANT AND ACCEPTANCE OF EXCLUSIVE RESIDENTIAL AND COMMERCIAL FRANCHISE. A. Grant. Town grants to Collector, for the term of and in accordance with this Agreement, an exclusive privilege and duty to make and enter into independent arrangements with residents or owners of Single-Family Units, residents or owners of Multi-Family Units, and persons or entities owning or in charge of commercial, industrial, institutional and other entities in Town (hereinafter referred to collectively as customers"), for the collection, transportation and removal to Disposal Facilities, or in the case of Recyclables to a Recycling center, of all Solid Waste generated or accumulated within Town as its boundaries are now constituted or may hereafter be amended (the "Franchise Area") (except Recyclables and Green Waste to the extent expressly excluded from the exclusive franchise pursuant to Section 1.C below). 2 B. Compliance. Collector and Town each agree to be bound by and comply with all the requirements of this Agreement. C. Exclusive Franchise; Exceptions. Notwithstanding anything to the contrary stated herein, the franchise granted herein shall be exclusive except as to the following categories of Solid Waste listed in this Section 1.C, which Collector may but shall not be obligated to collect, transfer, transport or dispose of. The granting of this franchise shall not preclude the categories of Solid Waste listed below from being delivered to and collected and transported by others, provided that nothing in this Agreement is intended to or shall be construed to excuse any person or entity from obtaining any authorization from Town that is otherwise required by law: 1) Recyclables separated from Solid Waste by the Waste Generator and for which the Waste Generator donates, sells or is otherwise compensated by a collector in a manner resulting in a net payment to the Waste Generator; 2) Containers delivered for recycling under the California Beverage Container Recycling Litter Reduction Act 14500, et seq. of the California Public Resources Code; 3) Green Waste removed from property by a gardening, landscaping or tree trimming company as an incidental part of a total service offered by such company rather than as a hauling service; 4) Construction debris and demolition debris removed from a property by a licensed demolition or construction company using its own employees and equipment as an incidental part of a total service offered by such company rather than as a hauling service; 5) Animal carcasses, waste, and remains; 6) By-products of sewage treatment, including sludge, sludge ash, grit and screenings; 7) Hazardous Waste; 8) Solid Waste generated by public schools; and 9) Materials placed in debris boxes provided by Grange Debris Box & Wrecking Co., Incorporated ("Grange") or its successor in interest. With the exception of debris box services under Section 1.C(9), Collector acknowledges and agrees that Town may permit other persons or entities besides 3 Collector to collect any or all types of the Solid Waste excluded from the scope of this Agreement (as set forth above) without seeking or obtaining approval of Collector under this Agreement; provided, however, that before permitting other persons or entities to collect any Solid Waste excluded from the scope of this Agreement, Town shall provide Collector with reasonable advance notice thereof and an opportunity to present a competitive bid. Debris box services under Section L C(9) shall be exclusive to Collector with the exception of Grange. With respect to Grange, Town shall (i) notify Grange within thirty 30) days of the date that the rates are established in accordance with Section 16 that these shall be the same rates to be charged by Grange for its debris box services within the Franchise Area (subject to the following provisions of this paragraph of Section 1.C), and (ii) charge Grange a percentage of debris box services income on all debris boxes provided by Grange within the Franchise Area that is equivalent to the percentage of debris box services income that is payable by the Collector as the Franchise Fee under Section 13.A. In the event that Grange uses different sizes of debris boxes than those specified in the established rates, Town shall request a list of sizes and proposed rates from Grange that are reasonably proportionate to the Collector's debris box rates and shall set forth in a writing to Grange the rates that Grange may charge for debris box services, which rates shall be reasonably proportionate to the rates established by Collector when comparing the sizes of debris boxes of Grange to the sizes of debris boxes of Collector. D. Changes in Law. Notwithstanding any other provision of this Agreement, this grant to Collector of an exclusive franchise, right, and privilege to collect, transfer, transport and dispose of Solid Waste shall be interpreted to be consistent with state and federal laws, now and during the term of this franchise, and the services provided hereunder and all provisions applicable to such services (including rate and fee establishment and adjustment provisions) shall be limited by current and developing state and federal laws with regard to Solid Waste handling, exclusive franchise, Solid Waste flow control, fees and rate setting, and related doctrines. In the event that future interpretations of current state and federal law, enactment or developing legal trends or other judicial decisions or orders with respect to state or federal law limit the ability of Town to lawfully provide for the scope of franchise services or to comply with any of the provisions applicable to such services (including rate and fee establishment and adjustment provisions) as specifically set forth herein, Collector agrees that the scope and extent of the franchise shall be limited to those services that may be lawfully provided for under this Agreement and the provisions applicable to such services (including rate and fee establishment and adjustment provisions) shall be limited by applicable state and federal laws in effect at the time such services are provided. Collector further agrees that Town shall not be responsible for any lost profits claimed by Collector to arise out of further limitations of the scope or extent of services of the Agreement set forth herein. In 4 such an event, it shall be the responsibility of Collector to minimize the financial impact to those remaining services being provided as much as possible. Nothing in this Section 1.D is intended to (i) alter, modify, restrict or otherwise affect the Collector's or Town's rights under any of the provisions of Section 25, or (ii) require Collector to perform services hereunder without receiving a fair return in accordance with Section 16.C. SECTION 2. DEFINITIONS. As used throughout this Agreement, the following terms shall have the meanings set forth below: , 1) "AB 939" is defined in the Recitals. 2) "Allowable Costs" is defined in Section 16.G(1). 3) "Base Rates" is defined in Section 16.D. 4) "Base Rate Change Application" is defined in Section 16.E(1). 5) "Bulky Goods" means items of non-organic, dry, non-putrescible debris that do not fit in a customer's weekly collection container, and does not include Green Waste, Hazardous Waste or Household Hazardous Waste, cement, rocks, dirt, construction debris, ashes, auto parts, oil, batteries of any kind or tires, or any other item expressly excluded from time to time as eligible for curbside clean-up collection on Collector's website. 6) "Business Day" means a day other than a Saturday, Sunday or legal holiday on which Collector is closed. 7) "Commercial Property" refers to all properties that are not included in the definition of "Residential Property" or "Mixed-Use Property," with the exception of Town-owned property. 8) "CPI" means the Consumer Price Index for All Urban Consumers 1982-1984 = 100), San Francisco, Oakland, San Jose, California, All Items, published by the United States Department of Labor, Bureau of Labor Statistics. Unless otherwise stated herein, whenever a CPI adjustment is to be applied under any provision of this Agreement, the percentage increase in the index over the relevant period most recently available shall be used (for example, if the adjustment is annual, the increase over the most recently available twelve (12) month period shall be used). If the CPI is discontinued during the term of this Agreement, then "CPI" shall mean such other reliable governmental or other 5 nonpartisan publication evaluating changes in the cost of living as is reasonably agreed upon by the parties hereto. 9) "Disposal Facility" means any facility (including a transfer station) licensed by the State of California, and the local jurisdiction in which it is located, to receive Solid Waste. 10) "Dispose" or "dispose op' means to dispose of or to transport and deliver to another for disposal. 11) "Fiscal Year" means January 1St through December 31St 12) "Franchise Area" is defined in Section I.A. 13) "Franchise Fee" means the fee or assessment imposed by Town on Collector solely because of Collector's status as a party to this Agreement and which, inter alia, is intended to compensate Town for costs associated with: 1) the oversight, operations, and maintenance of this franchise and this Agreement; and 2) maintenance of its residential streets and roadways associated with wear, tear, and deterioration arising out of the operation of Collector's vehicles on residential streets and roadways while performing services under this Agreement. 14) "Franchise Transfer Fee" is defined in Section 19.H. 15) "Garbage" means and includes any and all garbage, debris, refuse, putrescible and non-putrescible debris, grass or weed cuttings, tree and brush trimmings, roofing, construction and demolition wastes, and all other waste materials such as metal, glass, crockery, sweepings, paper, wood, clothing, packaging materials, ashes, wrappings, containers, cartons and similar articles, but does not mean and excludes the following: Recyclables placed in an approved recycling container, Hazardous Waste and Hazardous Materials, Household Hazardous Waste, Green Waste and sewage. 16) "Green Can" means any receptacle provided by Collector for the periodic collection of Green Waste. 17) "Green Waste" means and includes any and all plant matter that is compostable, and includes grass, shrub, bush and weed clippings, tree trimmings and cuttings (not exceeding three (3) inches in diameter), and food waste, in each case to the extent compostable, but does not mean and excludes dirt, rocks, any other material that is not plant, tree or food waste, any plant waste greater than three (3) inches in diameter, and any other item expressly excluded from time to time as collectible Green Waste on Collector's website. 6 18) "Gross Receipts" means any and all revenue received by Collector for performing the collection services within the Town described in Section 5 of this Agreement; provided, however, that revenue. received by Collector as a result of Collector's collection, sale or disposal of Recyclables collected within the Town shall not be included in the definition of "Gross Receipts." In addition, for purposes of clarification, any amounts received by Collector for rental of portable toilets and Storage Containers (in each case whether or not within the Franchise Area, as defined below) are not included in the definition of "Gross Receipts." In the event that Collector desires to exclude from the definition of Gross Receipts any other source of revenue or compensation otherwise falling within the definition of Gross Receipts, Collector must first obtain Town's written approval to do so, which approval may be withheld for any or no reason. By including the immediately preceding sentence in this Section 2(18), Town is in no way implying that any revenue or compensation derived by or paid to Collector for the activities described in this Section 2(18) may or will be excluded from the definition of Gross Receipts," except as specifically excluded herein. 19) "Hazardous Waste" or "Hazardous Materials" means any waste materials or mixture of wastes defined as such pursuant to the Resource Conservation and Recovery Act, 42 U.S.C. 6901, et seq., the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. 9601 et seq., and the California Health & Safety Code 25110.02, 25115 or 25117, and all future amendments to any of the same or regulations promulgated under any of the same, or as defined by the Environmental Protection Agency, the California Environmental Protection Agency, and the California Integrated Waste Management Board, or any of them. Where there is a conflict in the definitions employed by two (2) or more agencies having jurisdiction over Hazardous Waste or Solid Waste, the term "Hazardous Waste or Materials" shall be construed to have the broader, more encompassing definition. "Hazardous Waste" or "Hazardous Materials" does not mean or include Household Hazardous Waste. 20) "Household Hazardous Waste" means certain types of hazardous waste listed on Collector's website from time to time as eligible for curbside pick- up, such as consumer electronic waste, including computers, monitors, printers and cell phones, latex paint, used motor oil, oil filters, common household batteries (but not car batteries), fluorescent light bulbs under four (4) feet in length, and non-empty aerosol cans. 21) "Mixed-Use Property" means properties that contain both living units and commercial or non-living units. 7 22) "Multi-Family Units" means dwellings that (i) include four (4) or more individual living units and (ii) receive and pay Collector's invoices as a single, collective bill. 23) "Non-Allowable Costs" are all costs designated as such in Section 16.G(1). 24) "Operating Margin Method" is defined by Section 16.G. 25) "Pass-Through Costs" means costs to which no element of overhead, administrative expense, profit or other cost is added, nor with respect to which any other amount is credited, such that the specific amount of such cost is included without modification in the calculations (e.g., in the calculation or setting of rates) or reports to which such costs pertain. 26) "Rate Year" means the twelve (12) month period beginning on July 1 in one (1) year and ending on June 30 of the immediately following year. 27) "Recyclables" means materials that are reused or processed or in the future will be reused or processed into a form suitable for reuse through re- processing or remanufacture, consistent with the requirements of AB 939, as may be amended from time to time, and specifically means paper, newsprint, printed matter, pasteboard, paper containers, cardboard, glass, aluminum, plastics, beverage containers, compostable materials, materials designated as recyclables by the California Integrated Waste Management Board or other agency with jurisdiction, and other recyclable materials, in each case to the extent listed as acceptable for recycling on Collector's website from time to time. 28) "Recycling" means the collection and processing of any Recyclables outside of the premises from which such materials have derived. 29) "Residential Property" means all Single-Family Units and Multi- Family Units. 30) "Single-Family Unit" means a dwelling that is not a Multi-Family Unit as defined above (i.e., a dwelling that includes three (3) or fewer individual units or an individual unit in a multiple residential unit property which property does not receive and pay Collector's invoices as a single, collective bill). 31) "Solid Waste" means all Garbage, Recyclables and Green Waste and as otherwise defined in Public Resources Code § 40191 and "garbage" as defined in Health & Safety Code § 6406 (except that in no event shall Solid Waste include Hazardous Waste, Hazardous Materials or Household Hazardous Waste). 8 32) "Storage Container" means a portable enclosed storage unit for temporary on-site storage. 33) "Waste Generator" means any person or entity as defined by the Public Resources Code whose act or process produces Solid Waste or whose act first caused Solid Waste to become subject to regulation. SECTION 3. TERM. A. The term of this Agreement shall commence on the Effective Date and shall last ten (10) years, unless extended as set forth in Section 3.B or sooner terminated as set forth by this Agreement. B. The initial ten (10) year term shall be automatically extended for two (2) additional five (5) year periods unless the Town gives written notice to Collector in accordance with the next sentence that the Town has determined not to extend this Agreement. In the event that the Town elects not to extend this Agreement for both of the five (5) year renewal periods, the Town shall give written notice in the manner set forth by Section 27.D of its exercise of non-extension rights under this Section 3.B by no later than June 30, 2016; in the event the Town elects not to extend the Agreement for the second five (5) year renewal period only, the Town shall give written notice in the manner set forth by Section 27.1) of its exercise of non-extension rights under this Section 3.B no later than June 30, 2021. If the Town does not timely deliver a notice of non-extension by the deadlines listed in the foregoing sentence, then the term of this Agreement shall automatically extend for an additional five (5) year period, as applicable, without any action of either party, and the terms, conditions and provisions of this Agreement shall continue to apply through the end of such extended term. Any agreement to extend the term of this Agreement except as specifically set forth in this Section 33 must be in writing and signed by both parties hereto. SECTION 4. OWNERSHIP OF SOLID WASTE. A. Once Solid Waste is placed in authorized containers and properly presented for collection, ownership and the right to possession of said Solid Waste shall transfer directly from the Waste Generator to Collector by operation of this Agreement. Collector is hereby granted the right to retain, possess, dispose of and otherwise use such Solid Waste, or any part thereof, in any lawful fashion or for any lawful purpose desired by Collector. Subject to the provisions of this Agreement, Collector shall have the right to retain any benefit resulting from its right to retain, possess, dispose of or use the Solid Waste that it collects. Any cost savings resulting from decreased disposal or decreased disposal costs shall offset Collector's operating expenses. 9 B. Throughout the term of this Agreement it shall be Collector's sole responsibility and duty to dispose of the Solid Waste collected by virtue of this Agreement and to do so in a safe manner and in compliance with all federal, state and local laws and regulations. In this connection, Collector agrees that it shall dispose of all Solid Waste collected in the Franchise Area at a Disposal Facility that is fully licensed and appropriately permitted and is not in material violation of any health, safety or hazardous materials laws, rules, regulations or orders. Any site where Collector disposes of Solid Waste collected from the Franchise Area must have approved closure and post- closure maintenance plans required by 14 California Code of Regulations 18260, et seq. and must have submitted evidence to the appropriate governing authorities of adequate provisions to finance the closure and post-closure maintenance of the site as required by said Code of Regulations. Furthermore, said closure and post-closure arrangements must have been approved by the state and local permit enforcement agencies having jurisdiction. Collector shall conduct the investigation and due diligence necessary to assure that this Section 4.B is complied with. Evidence of compliance with state regulations regarding closure and post-closure funding and financial assurances shall be provided to Town by Collector upon request. C. Town may direct Collector to perform additional services or modify the manner in which it performs existing services, subject to the provisions of this Section 4.C. Collector shall respond to such a direction from Town in writing within thirty (30) days. Pilot programs and innovative services that may entail new collection methods, different kinds of services, or new requirements for Waste Generators are included among the kinds of changes that Town may direct. Collector shall be entitled to reasonable compensation for providing any additional services, and, if necessary, may request a rate adjustment in accordance with Section 16.E(4). Collector shall commence the new or changed service promptly after the appropriate rate adjustment is determined by Town Council. Collector acknowledges and agrees that if Collector and Town cannot agree on terms and conditions of such services within sixty (60) days from the date when Town first requests a proposal from Collector to perform such services, Town may permit persons or entities other than Collector to perform the additional services that Town had proposed that Collector perform. Collector and Town further agree that if Collector's proposed rates to perform such services are objected to by Town pursuant to Section 16.N and not established as a result of such objection, Collector shall not be required to perform such services. SECTION 5. DUTIES OF COLLECTOR AND SERVICES PROVIDED BY COLLECTOR. A. General Duties of Collector. Subject to Sections 1, 4 and 7 herein, Collector shall, during the term of this Agreement, have the sole and exclusive right and 10 obligation to perform the following duties within the Franchise Area, all in compliance with Section 7 of this Agreement: 1) Collect Garbage and transport for disposal; 2) Collect Green Waste and transport for disposal; 3) Collect Recyclables and transport for disposal; 4) Collect and dispose of Solid Waste placed in debris boxes owned or rented by Collector; and 5) Those services set forth in Section 5.B(5). B. Services Provided by Collector. The nature of the services Collector offers and provides to customers residing or doing business in the Franchise Area shall be as described below; provided, however, that Collector shall not be required to provide any services in a manner that would violate any applicable law. 1) Once-a-Week Service. Collector shall provide the following services on a weekly basis: a) Residential Prosy. Collector shall collect and remove all Garbage from each occupied Residential Property. For Single-Family Units, said collection shall be from twenty (20), thirty-two (32) or forty- five (45) gallon containers (or such other sizes as may be designated from time to time by Collector) reasonably approved by Town and purchased by customers, which containers shall be placed at the curb, at a visible location, or at an accessible side or backyard location or other storage site mutually agreed upon between Collector and the customer, by the customer by 6:00 a.m. on customer's regular collection day. For Multi-Family Units, said collection shall be from thirty-two (32) or forty-five (45) gallon containers purchased by customers or from one (1) or two (2) yard containers rented from Collector by customer (or such other sizes as may be designated from time to time by Collector and reasonably approved by Town), which containers shall be placed at a storage and collection site mutually agreed upon between Collector and the customer and shall be weighted and loaded in a manner such that the containers can be lawfully loaded onto Collector's trucks. For Single-Family Units and Multi-Family Units, additional bagged Garbage not fitting in a customer's regular collection container may be removed by Collector at the time of regular collection for an additional charge per bag, provided that customer has requested such removal by calling Collector prior to 1:00 p.m. on the 11 Business Day prior to such regular collection. The additional charge per bag shall be communicated by Collector to customer and shall be agreed upon by customer during the call that the customer makes such request and Collector shall, during such call, inform the customer of the option of using any remaining free-curbside service applicable to such customer under Section 5.B(2) of this Agreement. Collector shall be entitled to charge a reasonable rental fee for any containers that Collector provides to Multi- Family Units b) Commercial Units. Collector shall collect and remove all Garbage from each occupied Commercial Property. Said collection shall be from thirty-two (32) or forty-five (45) gallon containers purchased by customer or from one (1) or two (2) yard containers rented from Collector by customer (or such other sizes as may be designated from time to time by Collector and reasonably approved by the Town), which containers shall be weighted and loaded in a manner such that the containers can be lawfully loaded onto Collector's trucks. In addition, such containers shall be placed at the curb or at a storage site mutually agreed upon between Collector and the customer. Collector shall be entitled to charge a reasonable rental fee for containers that Collector provides to Commercial Properties . c) Recyclables. Collector shall collect and remove Recyclables from each occupied Residential Property and Commercial Property (except for Recyclables that are exempt from this Agreement under Section 1.C above). Said collection shall be from thirty-two (32) or forty-five (45) gallon containers (or such other sizes as may be designated from time to time by Collector) approved by the Town and supplied by Collector, which containers (i) in the case of residential customers, shall be placed at the curb, unless another storage site is mutually agreed upon between Collector and the customer, by the customer by 6:00 a.m. on customer's regular collection day, and (ii) in the case of commercial customers, shall be placed at the curb or a storage site mutually agreed upon by Collector and the customer. d) Green Waste Service. Collector shall collect and remove separated Green Waste from each occupied Residential Property and each Commercial Property. For Single-Family Units, said collection shall be from a thirty-two (32) or sixty-four (64) gallon (or such other sizes as may be designated from time to time by Collector and reasonably approved by Town) Green Can provided by Collector and placed at the curb, unless another storage site is mutually agreed upon between Collector and the customer, by the customer prior to 6:00 a.m. on the customer's regular 12 pick-up day. For Multi-Family Unit and commercial customers, such collection shall be from thirty-two (32), sixty-four (64) or ninety (90) gallon Green Cans (or such other sizes as may be designated from time to time by Collector and reasonably approved by Town) provided by Collector and placed at a mutually agreed-upon storage site. For Single-Family Units and Multi-Family Units, additional bags or tied bundles of Green Waste not fitting in a residential customer's regular collection container may be removed by Collector at the time of regular collection of Green Waste for an additional charge per bag or bundle, provided that such customer has requested such removal by calling Collector prior to 1:00 p.m. on the Business Day prior to such regular collection, and further provided that such additional Green Waste is placed next to the customer's Green Can in a tied bundle not exceeding two (2) feet by five (5) feet. The additional charge per bag or bundle shall be communicated by Collector to customer and shall be agreed upon by customer during the call that the customer makes such request. 2) Twice-Per-Year On-Call Single-Family Residential Curbside Collection Service. Up to twice per year, upon advance request of the customer no later than 1:00 p.m. on the prior Business Day and on those regularly scheduled days that Garbage is otherwise collected from each Single-Family Unit Residential Property, Collector shall collect and remove from each Single-Family Unit Residential Property up to three (3) cubic yards of Bulky Goods originating from said property, provided such Bulky Goods are bagged, boxed in disposable containers, or tied in bundles that do not exceed five (5) feet in length, and provided further that such bags, boxes and bundles shall not exceed sixty (60) pounds in weight and shall be placed at the curb by the customer prior to 6:00 a.m. on the customer's regularly scheduled collection day. In order to avoid the customer charge applicable to pick-up of additional Garbage under Section 5.B(1)(a) of this Agreement, the customer must inform Collector at the time of request that the customer is requesting his or her twice-per-year free curbside collection. Collector shall inform customers of the twice-per-year free curbside collection option through its newsletter and its website. 3) Christmas Tree Pick-Up. At any time commencing the week after New Year's Day each year, Collector shall collect Christmas trees placed next to residential customers' Green Cans, on the regular Green Can collection day for each residential customer; provided, however, that Christmas trees will only be collected if (i) they are either no longer than five (5) feet in length or, if longer than five (5) feet, are cut into two (2) or more substantially equally sized sections no longer than five (5) feet in length each, and (ii) all ornaments, tinsel and metal stands have been removed. 13 4) Mixed-Use Properties. Mixed-Use Properties may be treated for purposes of collection and billing as two (2) distinct properties: a Residential Property and a Commercial Property, with each component treated as residential or commercial in accordance with the terms of this Agreement. 5) Town Functions and Operations. a) General Collection of Solid Waste. Collector shall collect, remove and dispose of all Solid Waste from appropriate containers located at or originating from the buildings, properties, official functions and operations of Town, whether or not such buildings, properties, official functions or operations are owned, held or performed by the Town on the date of this Agreement or are subsequently acquired or commenced, including Solid Waste generated by the maintenance of existing or future Town buildings. Collector shall provide said services and approved Recyclables containers and authorized Solid Waste containers at the said Town facilities at no charge to Town. Said services shall be at a frequency and from sites delineated by Town's Director of Public Works and reasonably acceptable to Collector, with the exception of collection from Town Solid Waste containers located along shoreline park in the downtown, which shall be emptied each Saturday and Sunday throughout the year. All Collector's costs for services provided under this Section 5.B(5)(a) shall be considered Non-Allowable Costs under the terms of this Agreement. b) Storm-Drain Cleaning Services. Collector shall provide storm-drain cleaning services for all Town storm drains as directed by the Director of Public Works of Town or his/her designee. Collector's costs of the salary payable by Collector to its personnel for the first fifteen (15) hours of providing the services described by this Section 5.B(5)(b) for each calendar year shall be considered Non-Allowable Costs under the terms of this Agreement; all costs of Collector after such fifteen (15) hour limit per calendar year shall be Allowable Costs. c) Debris Boxes. Collector shall annually provide and service, at no cost to Town, all debris boxes at the Tiburon Corporation Yard, in whatever sizes are requested by the Town, provided that such sizes are reasonably approved by Collector and such containers are weighted and loaded in a manner such that the containers can be lawfully loaded onto Collector's trucks. Collector agrees to provide Town an unlimited number of debris boxes for Town's operations and activities, as Town may request. Collector's costs of providing the services described by this Section 14 53(5)(c) shall be considered Pass-Through Costs under the terms of this Agreement. d) Street Sweeping. Subject to adequate parking regulations and enforcement by the Town to facilitate such services, Collector shall perform street-sweeping services within certain designated areas of Town as set forth on Exhibit E. Street-sweeping services shall be performed monthly, as set forth on Exhibit E, except that the downtown area specified in Exhibit E shall be swept twice per week. All of the salary payable by Collector to the operator of the street-sweeping vehicle (or, if such person performs other functions, the portion of such person's salary attributable to street sweeping) shall be considered Non-Allowable Costs under the terms of this Agreement; all other costs of providing the services described by this Section 5.B(5)(d) shall be considered Pass-Through Costs under the terms of this Agreement. e) Portable Toilets. Collector shall provide portable toilets at Town locations and functions from time to time as designated by Town. The Collector's costs of providing services under this Section 53(5)(e) shall be considered Non-Allowable Costs under this Agreement except as follows: In the event that the annual cost ofproviding the services described by this Section 53(5)(e) exceeds $10,000 (hereinafter referred to in this Section 5.B(5)(e) as "base amount") during the calendar year commencing with January 1, 2011, or the annual cost in any subsequent calendar year exceeds the base amount as adjusted by the applicable CPI hereinafter referred to in this Section 5.B(5)(e) as the "adjusted base amount"), that portion of such cost exceeding the base amount or adjusted base amount (whichever is applicable) shall be considered Pass-Through Costs under the terms of this Agreement. f) Every-Other-Year Plant Waste Removal. Once every two (2) calendar years, Collector shall remove and dispose of vegetation and plant materials that have been taken by the Town or its contractors from the area designated by the Town as "Railroad Marsh" (which is located on the east side of Town Hall) and placed into debris boxes provided by Collector. The cost of Collector in providing services under this Section 53(5)(f) shall be considered Pass-Through Costs under the terms of this Agreement. 6) Pick-Up of Illegally Dumped Items. Collector agrees to provide, at Town's request, pick-up of illegally dumped Garbage within the Franchise Area. Collector shall provide this service within two (2) calendar days of Town's request. Collector's costs for providing services under this Section 5.B(6) shall be 15 considered Non-Allowable Costs except as follows: If the annual cost of providing the services described by this Section 5.B(6) exceed $5,000 in any calendar year, that portion of such cost exceeding- $5,000 during the applicable calendar year shall be considered Allowable Costs under the terms of this Agreement. 7) Household Hazardous Waste Pick-Up. Upon advance request received no later than 1:00 p.m. the Business Day prior, Collector shall collect Household Hazardous Waste from Residential Properties. No more than three (3) gallons of latex paint or motor oil may be collected in a single pick-up of Household Hazardous Waste. Paint must be sealed in containers with original labels. Batteries, fluorescent light bulbs, and cell phones should be packaged separately in closed paper or plastic bags. Collector may cease pick-up of Household Hazardous Waste if Collector is unable to retain or renew its permit for such collection or if any change in applicable law or regulations makes such collection unlawful. Collector's cost of performing the services provided under this Section 5.B(7) shall be considered Allowable Costs under the terms of this Agreement. C. Hours and Conduct. 1) Hours of Collection. Collector agrees that, in order to protect the peace and quiet of residents, its arrangements for the collection of Solid Waste will provide that collections for residential and commercial areas shall not start before 6 a.m. nor continue after 5 p.m. Monday through Friday each week, and shall not start before 7 a.m. or continue after 5 p.m. Saturday each week. Staging activities for residential and commercial collections may be performed by Collector no more than thirty (30) minutes in advance of 6 a.m. Monday through Friday, and no more than thirty (30) minutes in advance of 7 a.m. on Saturdays, but only at Blackie's Pasture or another location an equivalent distance from residences. On Sundays, Collector shall be permitted to provide collections for commercial areas, provided that: (i) Collector shall not start before 7 a.m. nor continue after 5 p.m.; and (ii) unless approved by Town in writing (which approval may be withdrawn by Town at its sole discretion at any time thereafter), Collector shall not drive upon any roadway within, or adjacent to, a residentially zoned district of Town before Collector has commenced its collections, or after Collector has completed its collections, for that day. Subject to the approval of Town's Director of Public Works, the collection of debris box refuse from Commercial Properties shall not be subject to the days and hours of operation delineated in this Section 5.C(1). 16 2) Conduct of Business. Collector shall conduct its Solid Waste collection business in Town in compliance with Section 7 of this Agreement and in accordance with good business practices and methods customary in such line of business, and shall receive, collect, remove and dispose of all Solid Waste offered to it for disposal from within the Franchise Area, when tendered in Town- approved containers or receptacles used for such purpose. The standard container size shall be a thirty-two (32) or forty-five (45) gallon can with a tight-fitting lid and not to exceed sixty (60) pounds loaded weight; a mini-can shall be a twenty 20) gallon can with a tight-fitting lid and not exceeding sixty (60) pounds loaded weight. Collector shall provide prompt, efficient, continuous and professional service to its customers. To the maximum extent feasible, all debris boxes and other special containers provided to Collector's commercial or residential customers shall be located such that they are shielded from view from other public and private properties. D. Charges and Rates. 1) The schedule of rates to be charged to customers within Town for the services described in this Section 5 of this Agreement, as established as of the date of this Agreement pursuant to its terms, is shown in Exhibit A. The schedule of rates is subject to modification in accordance with the provisions of Section 16 of this Agreement. 2) Collector shall be obligated to collect, remove and dispose of Solid Waste from any Residential Property even if the owner or occupant of said property is in arrears in the payment of Solid Waste removal charges, except that Collector may discontinue service by adhering to the following procedures: Customers who have not remitted required payments within thirty (30) days after the date of billing shall be notified in writing by Collector. Said notice shall contain a statement that services may be discontinued fifteen (15) days after the date of notice if payment is not made before that time. If no payment is received within such fifteen (15) day period, Collector may discontinue service to the Residential Property to which such non-payment pertains, unless and until all amounts due have been fully paid. Upon payment of all delinquent fees, Collector shall resume collection at such Residential Property on the next regularly scheduled collection day. 3) Collector may discontinue service to any Commercial Property that is in arrears in the payment for services fifteen (15) days following written notice to the commercial customer of such non-payment, which notice shall contain a statement that services may be discontinued fifteen (15) days after the date of notice if payment is not made before that time, provided Collector has also 17 notified Town at least seven (7) calendar days in advance of the date of discontinuance. Upon payment of all delinquent fees, Collector shall resume collection at such Commercial Property on the next regularly scheduled collection day. 4) In the event that Collector pursues a customer for non-payment of any lawful debt owed to Collector for services rendered to such customer pursuant to this Agreement, Collector shall be entitled to recover from such customer not only the amount of the unpaid debt, but all costs incurred by Collector in recovering said sum, including Collector's attorheys' fees (if same may be lawfully recovered under applicable law). E. Service Areas. Town shall be divided into service areas as shown on the map attached hereto as Exhibit B. SECTION 6. DUTIES OF TOWN. A. Chapter 26 of Town's Municipal Code requires the property owners, occupants, or tenants of Town to provide for Garbage collection service from the official Garbage collector of the Town at least once each week. Town shall retain a provision in its Municipal Code, consistent with this Agreement, requiring not less than weekly Garbage collection from each residence and business within the Town, except that Town may amend its Municipal Code to permit an occupant, renter, or owner of property to regularly dispose of their Garbage either personally or through the uncompensated services of another, in either case at a County-operated Disposal Facility. The Town shall not make any other exception to the requirement in its Municipal Code that its residents and businesses provide for Garbage collection service from Collector at least once each week, other than that stated within this Section 6.A. B. Section 26-4 of Town's Municipal Code requires property owners, occupants, or tenants of Town to pay the charges and rates levied by the official Garbage collector as authorized by resolution. Town shall retain a provision in its Municipal Code, consistent with this Agreement, requiring property owners, occupants, or tenants to pay the charges' and rates levied by the official Garbage collector as authorized by this Agreement or resolution. Upon the delinquency of any residential or commercial account, Collector may notify the delinquent party and any owner, occupant, or tenant of the Property of its discontinuance of service in accordance with Section 5.1), along with notification of any remedies that the Town may have under the Municipal Code to enforce a violation of the requirement that the customer continue to receive collection service from Collector. Collector shall provide Town a copy of all notices provided by Collector under this Section 6.13. 18 SECTION 7. COMPLIANCE WITH LAWS AND REGULATIONS. A. Collector warrants that it will comply with all applicable federal, state and local laws, statutes, ordinances, codes, rules and regulations, and the orders and decrees of all courts or administrative bodies or tribunals in any manner in effect during the term of this Agreement and affecting the performance of this Agreement, as they may from time to time be amended, including without limitation CERCLA, 42 U.S.C. 9601, et seq., the RCRA, 42 U.S.C. 6901, et seq., the California Integrated Waste Management Act of 1989, and all other applicable laws of the State of California and the County of Marin, and all ordinances of Town to the extent such ordinances are not inconsistent with this Agreement, in which case Collector shall comply with the terms of this Agreement and shall not be liable for any non-compliance with Town's ordinances, Town's SRRE and HHWE, the County of Marin's Countywide Integrated Waste Management Plan, the requirements of local enforcement agencies, and other agencies with jurisdiction relating to the services provided by Collector under this Agreement, the Occupation Safety and Health Act of 1979, all applicable safety regulations, and all laws requiring licensing and non-discrimination in employment because of race, creed, color, sex, age, marital status, physical or mental disability, national origin or other prohibited bases. Except as specifically stated by this Section 7.A, all services performed by Collector must be in accordance with all applicable laws, statutes, ordinances, codes, rules and regulations. B. If a death, serious personal injury, or substantial property damage occurs in connection with the performance of this Agreement ("Accident"), Collector shall immediately notify the Tiburon Fire Protection District, Southern Marin Fire Protection District and Tiburon Police Department by telephone as soon as practicable but no later than within two (2) days after each Accident. Collector shall promptly submit to Town a written report, in such form as may be required by Town. This report must include the following information: (i) name and address of the injured or deceased person(s); (ii) name and address of Collector's subcontractor, if any; (iii) name and address of Collector's liability insurance carrier, and (iv) a detailed description of the Accident and whether any of Town equipment, tools, or material were involved. SECTION 8. TERMINATION FOR NON-PERFORMANCE. If Collector fails, refuses or neglects to comply with any of the terms hereof, or any laws, ordinances (except to the extent Town ordinances are inconsistent with this Agreement, in which case Collector shall comply with this Agreement) or regulations referred to herein, or defaults under any provision of this Agreement, in each case (with the exception of non-collection under Section 10 of this Agreement) for a period of forty-five (45) days after having been notified in writing thereof, which writing identifies the failure or default and provides a summary of factual circumstances of such failure or default, by the Town Council of Tiburon, then, after a hearing upon at least ten (10) days' prior written notice to Collector, which notice may only be delivered following the foregoing forty-five (45) day 19 cure period, Town shall be entitled to terminate this Agreement, which termination shall be effective no earlier than ninety (90) days after written notice to Collector of the Town Council's decision to terminate for non-performance. Such remedy shall not be deemed an election and shall be in addition to any and all rights and remedies against Collector that Town may have by law or hereunder. Any waiver of a breach of the terms or provisions of this Agreement shall not be deemed to be a waiver of any subsequent breach of any of the same terms or provisions or to be construed as approval of a course of conduct. SECTION 9. INSURANCE AND BOND. A. Without limiting Collector's indemnification provided herein, Collector shall take out and maintain at all times during the life of this Agreement, the following policies of insurance with insurers with a Best rating of no less than A:X111: 1) Workers' Compensation insurance to cover its employees, and Collector shall require all subconsultants similarly to provide Workers' Compensation insurance, as required by the Labor Code of the State of California, for all of the subconsultant's employees. Each such employee and subconsultant Workers' Compensation policy shall be endorsed with the provision that such policy will not be canceled without first giving thirty (30) days prior notice to Town. a) In the event any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation Statutes, Collector shall provide, and shall cause all subconsultants to provide, adequate and suitable insurance for the protection of its employees not otherwise protected. Such policy must be acceptable to Town and shall provide that it will not be canceled without first giving thirty (30) days' notice to Town. b) Collector's Workers' Compensation insurance shall include the following language: "All rights of subrogation are hereby waived against Town, its officers and employees when acting within the scope of their appointment or employment." 2) Commercial general liability insurance including personal injury and property damage insurance for all activities of Collector and its subconsultants arising out of or in connection with this Agreement, written on a commercial general liability form including Broad Form Property Damage, blanket contractual, completed operations, cross-liability, X, C. U hazards, subcontractors named as additional insureds (inapplicable if no subcontractors or subconsultants), vehicle coverage, products liability and employers non-ownership liability 20 coverage in an amount no less than $5 million combined, single-limit personal injury and property damage for each occurrence. The completed operations and product liability insurance shall continue for not less than three hundred sixty-five 365) days following the termination of this Agreement. Each such policy shall be endorsed with the following language: a) Town of Tiburon is named as an additional insured for all liability arising out of the operations by or on behalf of the named insured, and this policy protects the additional insured and its officers, agents and employees against liability for personal and bodily injuries, deaths, or property damage or destruction, arising in any respect, directly or indirectly, in the performance of the Agreement. b) The inclusion of more than one (1) insured shall not operate to impair the rights of one insured against another insured, and the coverage afforded shall apply as though separate policies had been issued to each insured. c) The insurance provided herein is primary and no insurance held or owned by Town of Tiburon shall be called upon to contribute to a loss. d) The coverage provided by this policy shall not be canceled without thirty (30) days' prior written notice given to Town of Tiburon. 3) Collector shall provide to Town evidence of insurance showing comprehensive automobile liability insurance coverage in at least the following amounts and naming Town an additional insured (and containing the endorsements described in Sections 9.A(2)(a) through (d) above): $10 million combined single-limit bodily injury and property damage. 4) Collector shall obtain, maintain and provide evidence of an employee-dishonesty bond with a minimum limit of $1 million and name Town as loss-payee under the bond. The amount of the bond shall be adjusted annually on July 1 by the annual percentage December-to-December change in the CPI. 5) Limits of coverage shall be reviewed periodically and adjusted to reflect limits that Town reasonably deems appropriate for providing protection for both Town and Collector. B. Upon the execution of this Agreement, and annually thereafter, Collector shall submit to Town documentation evidencing its required insurance signed by the insurance agent and companies on the form attached as Exhibit C. Any deductible or 21 self-insured retentions must be declared to and approved by Town. At the option of Town, the insurer shall reduce or eliminate such deductible or self-insured retention as respects Town, its officers and employees, or Collector shall procure a bond guaranteeing payment of losses and related investigation, claims, administration and defense expenses. C. Contemporaneously with the execution of this Agreement, Collector shall post a bond in the amount of $100,000 to serve as security for the faithful performance by Collector of all the provisions and obligations of this Agreement. The amount of the bond shall be adjusted annually on July 1 by the most recent annual December-to- December percentage change in the CPI. I SECTION 10. RIGHTS OF TOWN TO PERFORM DURING EMERGENCY. A. In the event that Collector, for any reason whatsoever, fails, refuses or is unable to Collect, transfer, transport or dispose of any or all Solid Waste that it is required to by this Agreement, at the time and in the manner provided in this Agreement, for a period of more than four (4) consecutive working days (or, in the case of one or more of the events excused under Section 26.A, more than seven (7) consecutive working days) and if, as a result thereof, Solid Waste should accumulate in the Franchise Area to such an extent, in such a manner, or for such a time that Town should reasonably find that such accumulation endangers or menaces the public health, safety or welfare, then Town shall have the right, but not the obligation, upon one (1) working day's prior written notice to Collector of such emergency as reasonably determined by Town and Town's intention to exercise the rights under this Section 109 (i) to perform, or under agreements with third parties cause to be performed, such services itself with its own or other personnel without liability to Collector; or (ii) to take possession of the equipment and other property used by Collector under this Agreement in the collection, transfer, transport and disposal of Solid Waste, which equipment and other property is specifically listed on Exhibit D or replaces, on an item-by-item basis, the equipment or other property listed on Exhibit D (the "Subject Equipment"), and to use such Subject Equipment to collect, transfer, transport and dispose of any Solid Waste generated within the Franchise Area that Collector would otherwise be obligated to collect, transfer, transport and dispose of pursuant to this Agreement. Collector shall submit to Town with each Base Rate Change Application made by Collector under Section 16 of this Agreement an updated list of Subject Equipment that is currently being utilized for the collection, transfer, transport and disposal purposes listed above and shall indicate for each item of Subject Equipment that is listed the degree to which such item is currently being utilized in providing the services under this Agreement, which list shall replace Exhibit D under this Section 10.A. In addition, Collector shall submit to Town a current version of this list within thirty (30) days following Town's written request. In furtherance of the right to use the Subject Equipment, Town shall be entitled to enter onto 22 Collector's land and into Collector's buildings, offices, garages, or other premises to the extent necessary to access and use the Subject Equipment. B. Notice of Collector's failure, refusal or neglect to collect, transfer, transport and dispose of Solid Waste may be given orally by telephone to Collector at its principal office and shall be effective immediately. Written confirmation of such oral notification shall be sent to Collector within one (1) working day of the oral notification. Oral notification without written confirmation as required by this Section 103 shall not be effective to trigger Town's rights under this Section 10. C. Collector further agrees that in such event: 1) It will take direction from Town to effect the transfer of possession of the Subject Equipment to Town for Town's use and take direction on utilizing another Disposal Facility, if necessary in accordance with this Agreement. 2) It will, if Town so requests, keep in good repair and operational condition all of the Subject Equipment. 3) Collector shall lend to Town any or all personnel necessary or useful for the collection, transfer, transport and disposal of Solid Waste upon Town's request, which use shall be limited to the extent of personnel specifically utilized in providing services under this Agreement within twelve (12) months of the date that collection was discontinued under Section 10.A. Collector further agrees, if Town so requests, to furnish Town (i) the services (but not the exclusive services) of any or all management or office personnel employed by Collector whose services are necessary or useful for Solid Waste the billing and collection of fees for these services and (ii) the information, such as customer information, reasonably necessary to the Town's exercise of its rights under this Section 10. D. Collector warrants that the Subject Equipment placed in the Town's possession will be in operable and lawful condition and fit for its intended purpose. Collector assumes complete responsibility for the condition, operability, legal compliance, and functioning of the Subject Equipment and facilities at the time that are placed in the Town's possession. Subject to Collector's duties under this Section 10.1), Town agrees that it assumes complete responsibility for the proper, normal and lawful use of the Subject Equipment while in its possession. Accordingly, Town shall protect, defend with counsel reasonably acceptable to Collector, indemnify and hold harmless Collector, its officers, shareholders, employees and agents from and against any and all losses, liabilities, fines, penalties, claims, damages, or judgments, including attorneys' fees, arising out of or resulting in any way from Town's use of the Subject Equipment or other actions or inactions of Town while Town is exercising its rights pursuant to this Section 10, except as may be limited by Section 10.F below. 23 E. If the interruption or discontinuance in service is caused by any of the reasons listed in Section 26.A (i.e., Collector's failure to perform is excused), Town shall pay to Collector the reasonable rental value of the equipment and facilities, possession of which is taken by Town, for the period of Town's possession, if any, which extends beyond the period of time for which Collector has rendered bills in advance of service, for the class of service involved. F. Except as otherwise expressly provided in this Section 10, Town's exercise of its rights under this Section 10 (i) does not constitute a taking of private property for which compensation must be paid, and (ii) will not create any liability on the part of Town to Collector; and does not exempt Collector from the indemnity provisions of Section 24, which are meant to extend to circumstances arising under this Section 10; provided, however, to the extent that Collector has fulfilled its obligations under Section 10.D above, Collector is not required to indemnify Town against claims and damages arising from the actions of Town officers, employees and agents in the operation of collection vehicles during the time Town has taken possession of such vehicles or is in possession of or has use of any other Subject Equipment. Town shall receive the full benefit of any agreements Collector has in place with respect to the transfer, transport and disposal of Solid Waste generated in the Franchise Area, and Collector shall take such actions as may be required to provide Town the benefits under any such agreements. G. During such time as Town is providing Solid Waste services pursuant to this Section 10, Collector shall bill and collect payment from all users of the above- mentioned services. Collector further agrees that, in such event, it shall reimburse Town for any and all costs and expenses incurred by Town in taking over possession of the above-mentioned property and providing the Solid Waste service in such a manner and to an extent as would otherwise be required of Collector under the terms of this Agreement. Such reimbursement shall be made from time to time after submission by Town to Collector of each statement listing such costs and expenses, but in no event later than five 5) working days from and after each such submission. Except for the reimbursement provided for in this Section 10.G, Collector shall retain all amounts collected during such time as Town is providing the Solid Waste services pursuant to this Section 10. H. It is further mutually agreed that Town may, upon reasonably determining that Collector can resume its services, relinquish possession of any or all of the Subject Equipment to Collector and thereupon demand that Collector resume the Solid Waste services as provided in this Agreement, whereupon Collector shall be bound to resume the same. Town's rights pursuant to this Section 10 to retain temporary possession of the Subject Equipment, and to render collection services, shall terminate as soon as Town is able to reasonably determine that such services can be resumed by Collector, or when Town no longer reasonably requires such facilities or equipment. In any case, Town has no obligation to maintain possession of Collector's property or continue its use for any 24 period of time and may at any time, in its sole discretion, relinquish possession to Collector. Town shall, in good faith, return the Subject Equipment to Collector as soon as it can reasonably determine that Collector is able to resume services. Town shall keep Collector informed of the results of such monitoring and shall provide Collector advance notice of its intent to return equipment as soon as such determination is made and, in any event, at least two (2) Business Days prior to the return of the Subject Equipment. Collector shall resume the Solid Waste services upon such return of the Subject Equipment. 1. If Town exercises its rights under this Section 10 to take and operate the Subject Equipment and continues to exercise such rights either in violation of its obligations under Section 10.H or for a period of more than sixty (60) days (whichever comes first), Collector shall be entitled to terminate this Agreement upon ninety (90) days' advance notice. J. In addition, or as an alternative, to the remedy described in this Section 10, the Town may terminate this Agreement upon ten (10) calendar days' advance written notice being given of a public hearing before the Town Council at which time it will be considered if the Town should terminate the Agreement pursuant to this Section 10.J. If at the conclusion of the public hearing the Council determines that the Agreement shall be terminated, the date that the termination shall take effect shall be five (5) calendar days after the date such determination is made. The Town may not exercise the termination rights under this Section 10.J if Collector's failure to collect for the time period described in this Section 10 is as a result of one of the events described in Section 26.A. SECTION 11. PRIVACY. A. Collector shall use all commercially reasonable efforts to observe and protect the rights of privacy of its customers. Information identifying individual customers or the composition or contents of a customer's Garbage shall not be revealed to any person, private agency or company, unless upon the request of federal or state law enforcement personnel, the authority of a court of law, by statute, upon valid authorization of the customer, or as part of Collector's overdue-payment collection efforts. This provision shall not be construed to preclude Collector from preparing, participating in or assisting in the preparation of waste-characterization studies or waste- stream analyses that may be required by AB 939, or any other reports requested by Town under this Agreement or required or requested by any governmental agency. Nothing in this Section 11 is intended to or shall be construed to create a cause of action against Collector by any customer of Collector. B. Collector shall not market or distribute, outside the normal course of its business, mailing lists with the names and addresses of its customers. 25 SECTION 12. HAZARDOUS SUBSTANCES INDEMNIFICATION. Collector shall indemnify, defend with counsel selected by Town, protect and hold harmless Town, its officers, agents and employees (collectively, "Indemnitees") from and against all claims, damages (including special, consequential, natural resources and punitive damages), injuries, costs (including any and all response, remediation and removal costs), losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties and expenses (including attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) (collectively, "Damages"), of any kind whatsoever paid, incurred or suffered by, or asserted against, Indemnitees, arising from, or attributable to the acts or omissions of Collector or its officers, directors, employees or agents, whether or not negligent or otherwise culpable, in connection with, related to, or attributable to: (i) any operations, repair, clean-up or detoxification, or preparation and implementation of any removal, remedial, response, closure, post-closure or other plan regardless of whether undertaken due to governmental action) concerning any Hazardous Waste at any place where Collector transports, processes, stores or disposes of Garbage, Green Waste or Recyclables collected under this Agreement or (ii) Hazardous Waste relating in any way to Collector's performance of this Agreement. This indemnity afforded Indemnitees shall only be limited to exclude coverage for intentional wrongful acts and active negligence of Indemnitees. The foregoing indemnity is intended to operate as an agreement pursuant to section 107(e) of CERCLA, 42 U.S.C. § 9607(e), and California Health & Safety Code § 25364, to defend, protect, hold harmless and indemnify Town from liability. SECTION 13. FRANCHISE AND OTHER FEES. A. Collector agrees to pay to Town an amount equal to fifteen and one-half percent (15 V2%) of all Gross Receipts as the Franchise Fee. The Franchise Fee shall be paid for each and every calendar year during the term of this Agreement, or any extension hereof, which amounts shall be paid quarterly within thirty (30) days following January 1, April 1, July 1, and October 1 of each year, accounting for the Gross Receipts for the immediately preceding three (3) month period. If payment is not received within said thirty (30) day period, Collector shall pay Town a late payment penalty in an amount equal to two percent (2%) of the amount owed to Town. It is further agreed that the Franchise Fee may be modified at any time at the sole discretion of Town by adoption of a formal resolution, subject to the following conditions: 1) Except in unusual circumstances, Town shall increase or decrease the Franchise Fee effective only on July 1 of a year, and shall give notice of its intent to do so to Collector by March 1 of such year, so that the adjusted Franchise Fee can be included in the Collector's Base Rate Change Application, if submitted, for the Rate Year commencing on such July 1. 26 2) If Town increases or decreases the Franchise Fee effective at any other time of year than July 1, Town shall provide Collector written notice at least thirty (30) days prior to the first (1St ) day of the calendar quarter in which such percentage increase or decrease in the Franchise Fee will take effect. Collector shall increase or decrease, whichever is applicable, the Base Rates then in effect by a percentage that provides Collector with the same percentage return as was received by Collector prior to the increase or decrease in the Franchise Fee (as established by the last preceding adjustment to Base Rates), which increase or decrease in Base Rates shall continue until the next adjustment to Base Rates pursuant to this Agreement. Upon the change in the Franchise Fee taking effect, the Base Rates modified in accordance with this Section 13.A(2) shall also become effective. 3) Each quarterly remittance of the Franchise Fee to Town shall be accompanied by a statement showing Gross Receipts for the period covered. Collector shall maintain copies of all billing and collection records for three (3) years following the date of billing, for inspection verification by Town at any reasonable time upon request. B. Collector shall pay Town a fee not to exceed $15,000 to reimburse Town for expenses associated with negotiating, drafting, and granting this Agreement, including but not limited to staff salaries, benefits, and other compensation at the applicable hourly rates established by the Town, for services, materials and other out-of- pocket expenses incurred by the Town and/or its consultants, contractors, the Town Attorney, and attorneys on special contract to the Town at the rates charged by them to the Town. One half (1/2) of this fee shall be payable by Collector within thirty (30) days following the Effective Date and the other half shall be payable by Collector within one hundred twenty (120) days following the Effective Date; this fee shall be considered a Non-Allowable Cost. C. Town may become a member of a Joint Powers Authority that provides programs, recommends the provision of Solid Waste collection, disposal and Recycling services, drafts,, necessary plans and documents required by law, and takes other actions or provides other services for the members of the Joint Powers Authority. Town may be required to pay certain fees or other sums of money to the Joint Powers Authority to participate in and take advantage of the Joint Powers Authority's programs. Any of said costs may be imposed as a fee payable by Collector to Town. Such fee shall be set annually by Town resolution and provided to Collector by Town. Collector shall collect such fees from customers on the regular billings and remit collected amounts quarterly to Town in the same fashion and subject to the same terms and conditions as the Franchise Fee or as otherwise instructed by Town. For rate-setting purposes, fifty percent (50%) of the fee paid by Collector and Collector's actual costs in collecting all fees required to be 27 paid by Collector under this Section 13.C shall be considered Allowable Costs, and fifty percent (50%) of the fee paid by Collector shall be considered Pass-Through Costs. Collector may be required to separately identify the Joint Powers Authority fee and other specific costs in bills as determined and directed by Town in a written notice to Collector. D. Town has incurred expenses for preparing and adopting the Source Reduction and Recycling and Household Hazardous Wastes Elements ("SRRE" and HHWE," respectively) required by AB 939, and costs associated with preparing this Agreement. Other elements and plans may be required to be developed by Town under AB 939 or other applicable state laws. Town has and will continue to incur expenses for implementing the programs in the SRRE and the HHWE and administering this Agreement. These expenses shall be determined in a fee designed to reimburse Town. Such fees shall be set annually by Town resolution and provided to Collector by Town. Collector will collect these fees from customers on the regular billings and remit collected amounts quarterly to Town in the same fashion and subject to the same terms and conditions as the Franchise Fee. For rate-setting purposes, fifty percent (50%) of the fee paid by Collector and Collector's actual costs in collecting all fees required to be paid by Collector under this Section 13.D shall be considered Allowable Costs, and fifty percent (50%) of the fee paid by Collector shall be considered Pass-Through Costs. Collector may be required to separately identify the SRRE and HHWE fees and other specific costs on bills, as determined and directed by Town in a written notice to Collector. E. Town shall reserve the right to set additional fees, as it reasonably deems necessary to compensate Town for new costs similar to those described in Sections 13.C and 13.D above, or other costs incurred by Town in connection with this Agreement or requirements relating to Solid Waste. Any such additional fees shall be treated as Pass- Through Costs and shall become effective on July 1 of a given year only if Collector has received written notice of such additional fees by March 1 of such year, so that such additional fees may be taken into account in any Base Rate Change Application for the Rate Year commencing on such July 1. F. On the first (1St) of each month, Collector shall remit to Town $500 per month to offset the costs related to the Town's administration of this Agreement, which shall be considered Non-Allowable Costs except as otherwise provided by Section 13.G or 13.H. The Town Manager is authorized to decrease or increase said fee effective on July 1 of a given year and on written notice to Collector by March 1 of such year, so that any decrease or increase may be taken into account in any Base Rate Change Application for the Rate Year commencing on such July 1. Additionally, the Town Manager may decrease or increase said fee which decrease or increase takes effect on any date other than July 1 of a given year per Section 13.H. 28 G. In the event that the fee in Section BY exceeds $6,000 in any Rate Year, however, that portion of the fee exceeding $6,000 shall be considered Pass-Through Costs. If the fee becomes effective on July 1 and notice -of such fee-taking effect was provided by March 1 in accordance with the second sentence in Section 13.17, then that portion of such fee in excess of $6,000 shall be considered in the Collector's determination of Pass-Through Costs under Section 16 of this Agreement for the Rate Year commencing July 1. H. This Section BE is applicable when the Town gives notice of an increase in fees or setting of new fees under Section 13.C, 13.5, 13.E or 13.17, to take effect during the same Rate Year as notice is given to Collector by the Town, it being understood that Town may not set new fees or increase fees for the following Rate Year without providing notice to Collector by the March 1 that precedes such following Rate Year. If Town sets additional fees under Section 13.E, or increases the fees payable under Sections 13.C or 13.1), or increases the portion of the fee payable under Section 131 in a manner that increases the Pass-Through Costs of Collector under Section 13.G, and such additional fees or increase takes effect on any date other than July 1 of the next Rate Year with notice having been given to Collector on or before the immediately preceding March 1, then the following shall apply: (i) Collector shall be entitled to treat the additional fee or increased fee or amount as Pass-Through Costs from the date that the increase or fee takes effect through the remainder of the current Rate Year, and the Base Rates shall be automatically increased by a percentage that provides Collector with the same percentage return as was received by Collector prior to the additional or increased fee taking effect as established by the last preceding adjustment to Base Rates), which increase in Base Rates shall continue until the next adjustment to Base Rates pursuant to this Agreement, and (ii) except as set forth in the following sentence, the additional fee or increased fee shall take effect no earlier than the first day of the calendar quarter that begins at least fifteen (15) days following notice to Collector from the Town of such additional fee or increased fee. In the event Town desires to have any such additional fee or increased fee take effect at an earlier time than provided in the foregoing sentence, then Town shall notify Collector of the effective date of such additional fee or increased fee, which shall be in at least fifteen (15) days following such notice from the Town, which notice shall also state that Town has directed Collector to send a supplemental billing to its customers to collect the amount of the adjustment to Base Rates contemplated in this Section 13.H, and, in such event, the adjustment to Base Rates shall include, as a Pass-Through Cost, the amount necessary to cover Collector's actual out-of-pocket costs for preparing and sending the supplemental billing to its customers. In such event, Collector shall provide the Town Manager documentation (i.e., receipts, invoices, or other evidence of payment) of the out-of-pocket costs added as a Pass Through Cost to the adjusted Base Rates by no later than fifteen (15) days after Collector sends the supplemental billing. 29 1) Example 1: As an example of this Section 13.H, the following would apply: If Town gives notice on December 15th to Collector that it will be establishing a new fee under Section 13.E in the amount of $1,000 effective February 1St of the following calendar year, then the Base Rates shall be automatically increased by the percentage necessary for the Collector to be fully reimbursed for the amount of the fee as a Pass-Through Cost (and no more) as of February 1 St and continuing until the next adjustment to Base Rates pursuant to this Agreement. 2) Example 2: As another example: if Town were to give notice on January 1St to Collector that it will be increasing the fee in Section 13.G by the amount of five percent (5%) effective as soon as possible but does not direct the Collector to send its customers a supplemental billing for each customer's share of the increased billing, then such five percent (5%) increase shall take effect on April 1 St of that same year and the Base Rates shall be automatically increased by the percentage necessary for the Collector to be fully reimbursed for the increased amount of the fee as a Pass-Through Cost (and no more) as ofApril 1St and continuing until the next adjustment to Base Rates pursuant to this Agreement. 3) Example 3: As a third example: if Town were to give notice on January 1St to Collector that it will be increasing the fee in Section 13.G the amount of 5% and which notice directs that Collector send a supplemental billing to its customers for the fee increase amount by no later than February 1St, then such increase shall take effect February 16th and the Base Rates shall be automatically increased by the percentage necessary for the Collector to be fully reimbursed for both (i) the increased amount of the fee as a Pass-Through Cost and no more) as of February 16th and continuing until the next adjustment to Base Rates pursuant to this Agreement and (ii) the actual out-of-pocket cost of Collector for preparing and sending the supplemental billing to its customers as a Pass- Through Cost. SECTION 14. EXAMINATION OF RECORDS. A. Collector shall maintain a proper set of books and records in accordance with generally accepted accounting principles, accurately reflecting the business done by it under this Agreement. B. Collector shall maintain all records relating to the services provided hereunder, including customer lists, billing records, maps, AB 939 records, and written customer complaints, for the full term of this Agreement, and for an additional period of not less than three (3) years, or any for longer period required by law. Town or its agent(s) shall have the right, upon ten (10) Business Days' advance notice, to inspect all maps, AB 939 records, Collector's books and records, written customer complaints, and 30 other like materials of Collector that reasonably relate to Collector's compliance with the provisions of this Agreement. Such records shall be made available to Town at Collector's regular place of business, but in no event outside the County of Marin. Collector shall further maintain and make available to Town records as to number of customers, total and by type, route maps, service records and other materials and operating statistics in such manner and in such detail as Town may require. C. Should any examination or audit of Collector's records reveal an underpayment of any fee required under this Agreement, the amount of such underpayment shall become due and payable to Town not later than thirty (30) days after written notice of such underpayment is sent to Collector by Town. D. Should any examination or audit of Collector's records reveal an underpayment to Town of more than three percent (3%) of the correct amount owed, Collector shall, in addition to paying the amount of the underpayment as provided above, also reimburse Town for the entire cost of Town's audit or examination within thirty (30) days of demand therefor, and said cost shall not be recoverable through rate setting. Should any examination or audit of Collector's records reveal an overpayment of any fee required under this Agreement, the amount of such overpayment shall become credited against the next quarterly installment of the Franchise Fee, or, if this Agreement has terminated, shall be promptly refunded to Collector. E. The information required by this Section 14 shall pertain to Collector's operations covered and regulated by this Agreement, and nothing contained herein shall require Collector to provide Town with information pertaining to Collector's operations that are not regulated by Town, except in conformance with this Section 14. F. Town or its agents may examine Collector's books, records and financial statements pertaining to operations not regulated by Town for the sole purpose of gathering information necessary to allow Town to ascertain whether income, expenses, assets and liabilities are reasonable or reasonably and consistently allocated among operations regulated by Town and those not regulated by Town. Collector shall obtain Town's written approval prior to any substantial change of its method of segregating its financial records between Town-regulated and non-Town-regulated operations. G. Without limiting Section 14.K, information gained from examination of records pertaining to operations not regulated by Town shall be treated by Town and its agents as confidential information, and Collector may require Town and its agents to execute a confidentiality agreement as a condition for receipt of such information. H. For review of books and other financial records necessary to verify Collector's income, expense, assets and liabilities, "agent" means an independent Certified Public Accountant, public accountancy firm or designated Town employee. For 31 all other information or records, including the results of financial verification, "agency" means any consultant designated by Town or Town employees. 1. Nothing in this Section 14 shall prevent Town from allowing public access to Town records as required by the California Government Code, and in the event any dispute arises as to legally required public access to information provided by Collector under the terms of this Agreement, Town shall in its discretion provide public access to said information according to law, or tender the defense of any claims made against Town concerning said information to Collector. Prior to releasing any information pursuant to this Section 14.1, Town shall make a good-faith effort to notify Collector of the intended release. J. Upon reasonable notice or as otherwise agreed herein, and at those times designated by Town, Collector shall supply to Town lists of the names of all customers of Collector who are provided any service by Collector within the Franchise Area. At the same or other time, Town may request and Collector shall provide information specifying each customer's address, type of service provided to each customer, the number and type of authorized Solid Waste containers used by or provided to each customer, whether and which customers are believed to be violating this Agreement, any mandatory subscription ordinance, or any other provision of the law that Town, in its sound discretion, reasonably requires to monitor implementation of this Agreement or discharge Town's responsibilities under the law. K. Town shall treat all information concerning Collector or Collector's operations or customers to which it has access under this Section 14 or Section 15 of this Agreement, or which it receives as part of the ratemaking process ("Collector Information") in accordance with the California Public Records Act (Government Code 6250 et seq.) (for the purposes of this Section 14.K, the "Act"). To the extent permitted by law, including any available exemptions under the Act that have been determined by the Town within its reasonable discretion, Town shall keep all Collector Information strictly confidential and shall not disclose any Collector Information to any person requesting the information. SECTION 15. RIGHT OF INSPECTION. Collector hereby agrees that it will, whenever requested to do so, permit any inspector appointed for such purpose by Town to accompany Collector in the course of collection, removal, or transportation for disposal of Solid Waste in Town, and to inspect the manner in which collection, removal and transportation for disposal is made, and the size of any receptacles from which such Solid Waste may be or has been collected, and the amount of Solid Waste collected therefrom. 32 SECTION 16. RATE ADJUSTMENT AND REVIEW. A. All rates charged by Collector for the services described in Section 5 and rendered by Collector within the Franchise Area are subject to the review of the Town Council, except as provided by Sections 16.E(2) and (3) of this Agreement. No charges shall be levied by Collector for said services over the Town Council's objection. B. To ensure maximum public involvement, the Town shall act in accordance with notice and public hearing requirements under state law or the Municipal Code when rate increases are proposed and considered, as such notice and public hearing requirements may be applicable to rate increases proposed and considered throughout the term of this Agreement. It is the intention of the parties that, no notice or public hearing will be required for any automatic Base Rate adjustments pursuant to the terms of this Agreement (such as, without limitation, a permitted CPI-based adjustment pursuant to Section 16.E(2) or an adjustment pursuant to Section 16.E(3)). It is the further intention of the parties that the Town Council's approval of this Agreement satisfy any applicable legal requirement existing on the Effective Date for formal consideration and/or approval of any automatic Base Rate adjustment made in accordance with Section 16.E(2) or Section 16.E(3). C. Rates shall be established at a level that provides a fair return to Collector. The parties hereto agree that whether or not the Collector is provided a fair return shall be determined by application of the formula set forth within Section 16.G. With respect to any Rate Year for which a Base Rate Change Application is not made by Collector (and an automatic or CPI-based adjustment in the rates is not requested by Collector or is not provided for by the terms of this Agreement), those rates then in effect shall be considered a fair return to Collector for such Rate Year. D. Town agrees that the rates set forth in Exhibit A (the "Base Rates") may be charged by Collector as of the Effective Date of this Agreement. Collector and Town each acknowledges and agrees that the Base Rates are reasonable and provide Collector with a fair return in accordance with Section 16.C. E. In"' the event that Collector desires to adjust the Base Rates, Collector shall take those steps set forth in this Section 16.E. 1) During any year that Collector wishes to increase the Base Rates because Collector believes that the current rates (excluding any adjustments made under this Agreement to the Franchise Fee or other fees as may be permitted under Sections 13.A(2) or 13.1-1, or to the applicable CPI as provided below) will not provide a fair return to Collector, it may make an application to Town (a "Base Rate Change Application") in accordance with the provisions of this Section 16. If Collector chooses not to make a Base Rate Change Application under this 33 Section 16.E(1) for any Rate Year and none of the exceptions stated by this Section 16.E(1) apply, then Collector forever waives any rights to an increase in rates for that same Rate Year or to be provided a fair return for that same Rate Year as provided by this Section 16. A Base Rate Change Application must be submitted no later than April 1 immediately preceding the Rate Year for which such an adjustment is sought. Except as may otherwise be provided by this Agreement, no more than one Base Rate Change Application may be submitted by Collector during any Fiscal Year. 2) With respect to each of the two (2) Rate Years immediately following any Rate Year for which Collector has made a Base Rate Change Application, Collector shall be entitled to request an increase or decrease in the Base Rates that is the same as the increase or decrease in the CPI for the applicable year, up to a maximum increase or decrease of three percent (3%). If Collector requests an increase or decrease in the Base Rates based on the CPI pursuant to this Section 16.E(2), Collector need not make a Base Rate Change Application and the Base Rates shall be adjusted as requested without any action of the Town Council being required. Collector shall submit any request for an increase or decrease in the Base Rates based on CPI pursuant to this Section 16 by the April 1 immediately prior to the commencement of the subject Rate Year. Collector may not request an increase in the Base Rates based on CPI for more than two (2) consecutive Rate Years. Base Rates that are adjusted in accordance with the CPI under the provisions of this Section 16.E(2) shall be considered both reasonable and a fair return to Collector under Section 16.G. Example: As an example of this Section 16.E(2), the following would apply: If the applicable CPI for Base Rates during Year 1 is two percent 2%), the Collector may request an increase in the Base Rates in the amount of two percent (2%) under this Section 16.E(2) and no Council action would be required for the increase to take effect on July 1. If the applicable CPI for Base Rates during Year 2 is three percent (3%), the Collector may request an increase in the Base Rates in the amount of three percent (3%) and no Council action would be required for the increase to take effect on July 1. However, during Year 3 Collector may not request an increase in the Base Rates under this Section 16.E(2) because Collector will not have made a Base Rate Change Application during either of the two (2) prior years (i.e., Years 1 and 2). Assuming Collector makes a Base Rate Change Application in Year 3, then if the applicable CPI for Base Rates during Year 4 is five percent (5%), the Collector may request an increase in the Base Rates under this Section 16.E(2) in the amount of three percent (3%) and no higher. Alternatively, during any of Years 1, 2, or 4, Collector may 34 opt not to request an increase under this Section 16.E(2) and choose instead to make a Base Rate Change Application under Section 16.E(1). 3) The Base Rates may be automatically adjusted upwards or downwards, without any action of Town Council being required, based upon a change in the Franchise Fee or other fees as permitted under the provisions of Sections 13.A(2) or 13.H of this Agreement. Base Rates established in compliance with the provisions of Sections 13.A(2) or 13.H of this Agreement shall be considered both reasonable and a fair return to Collector under Section 16.G. It is the intention of the parties that the Town Council's approval of this Agreement satisfy any applicable legal requirement existing on the Effective Date for formal consideration and/or approval of any automatic Base Rate adjustment made in accordance with Section 16.E(2) or this Section 16.E(3). 4) The Base Rates may be adjusted at any time when the provisions of Section 4.C have been applied. Collector shall make a Base Rate Change Application under Section 16.E(1) within the time period required under Section 4.C, and such adjustment shall become effective at the same time as the commencement of any additional or modified services under Section 4.C. F. Any Base Rate Change Application shall contain the following information or materials: 1) Audited financial statements and supporting documents showing, in detail, the revenues, costs and allocations upon which Collector seeks an adjustment in rates and that demonstrate compliance with the principles specified in Section 16.1-1 below; 2) Audited financial statements showing, in detail, the revenues, costs and allocations of Collector's Fiscal Year immediately prior to the Rate Year for which a rate adjustment is sought and statements showing projected revenues, costs and allocations for the subsequent Fiscal Year of Collector immediately following said Fiscal Year; 3) If not included in the materials described in Section 16.F(1) or (2) above, balance sheets for the Fiscal Years described in said sections showing (a) accounts in sufficient detail to permit analysis of asset, liability, equity, retained earnings and other accounts, and (b) utilization of the principles described in Section 16.1-1, below. The balance sheet shall be prepared in accordance with generally accepted accounting principles and shall include statistics and data distinguishing between residential and commercial operations of Collector; 35 4) If not included in the materials described in Section 16.F(1) or (2) above, profit and loss statements for each of the Fiscal Years described in said sections in sufficient detail to permit comparison and analysis of revenue and costs relating to the operation of Collector for each of said Fiscal Years. Said information shall be provided in a way that distinguishes between residential and commercial operations of Collector; 5) If any charges of any company, party or entity owned or controlled by Collector are included in the Base Rate Change Application, then information shall be provided to Town regarding such other company, party or entity and such charges sufficient such that including such charges in the rate adjustment sought by Collector are fully justified; 6) If not included in the materials described in Sections 16.F(1) or (2), above, detailed descriptions of the allocations Collector utilizes in spreading the costs and revenues of its operations between the various agencies it serves; and 7) Such other information as may be reasonably necessary, in Town's opinion, to explain or to justify the requested rate adjustment. G. In regulating rates, Town shall be entitled to fully exercise its discretion in reviewing the rates charged by Collector, consistent with applicable law and the requirement that the rates provide a fair return to Collector. The parties hereto agree, however, that rates that provide Collector with an operating margin of ten percent (10%) profit on all Allowable Costs for the relevant period plus Pass-Through Costs for the relevant period (collectively the "Operating Margin Method"), or that are established through CPI adjustments pursuant to Section 16.E(2) or fee-based adjustments pursuant to Section 16.E(3) during Fiscal Years for which no Base Rate Change Application is made, shall be deemed reasonable and as providing Collector a fair return in accordance with the terms of this Agreement. Notwithstanding any of the above, the parties acknowledge, however, that the Operating Margin Method is not the only basis upon which Town may review or analyze rates in the future, and that other reasonable methods of regulating rates that provide a fair return to Collector may be utilized by Town, even if such methods should permit rates less than those that the Operating Margin Method might otherwise allow or indicate and result in lower than a ten percent (10%) margin of profit; provided, however, that Collector shall be provided a margin ofprofit that is no less than a fair return. 1) For purposes of this Agreement, "Allowable Costs" shall include all of Collector's operating costs incurred directly or proportionately (as used in this Section 16.G(1) "proportionately" shall mean any allocable portion of Collector's indirect costs that may be fairly attributed to the performance of this Agreement, as opposed to any other agreement or contract under which the Collector provides 36 Solid Waste collection services) in connection with providing the services governed by this Agreement or otherwise performing its obligations under this Agreement, excluding Pass-Through Costs and costs designated as Non-Allowable Costs herein. Notwithstanding anything to the contrary stated herein, the following shall be considered "Non-Allowable Costs" for ratemaking purposes. Furthermore, the following list is not an exclusive listing of "Non-Allowable Costs" and the parties hereto acknowledge that in connection with future rate- setting proceedings, Town may determine that other costs not listed immediately below shall not be allowed for rate-making purposes; provided, however, that any additional costs so determined by Town to not be allowed for rate-making purposes, when the impact of such determination is factored into the determination of a fair return under this Section 16.G, does not cause Collector to receive less than a fair return in accordance with the terms of this Agreement: a) Any amount paid to the officers, owners, shareholders or directors of Collector (excluding any amounts paid to a pension, profit- sharing or similar plan) that exceeds, in the aggregate, $539,472 in the Fiscal Year ending on December 31, 2010, or such amount that is the result of a CPI adjustment to such limit in each subsequent Fiscal Year. b) Promotional expenses (such as expenses associated with advertising, generation of new business, or other efforts to increase Collector's customer base and other related activities), entertainment expenses, and travel expenses, in each case unless authorized in advance by Town. c) Payments to repair damage to property of third parties or Town for which Collector is legally liable. d) Fines or penalties of any nature (except for any fines or penalties as a result of an overloaded debris box collected by Collector as part of its services under Section 5.B(5)(c), which shall be an Allowable Cost), provided however that Collector notifies Town in writing within thirty (30) days of the Effective Date of this Agreement as to what constitutes an "overloaded debris box" subject to fines or penalties and provides written notice to Town of any changes in this definition prior to the date that Collector collects any debris box that is subject to such fines or penalties. e) Federal or state income taxes, except that portion of payroll tax that is considered a Pass-Through Cost under Section 16.G(2). f) Charitable or political donations. 37 g) Attorneys' fees incurred by Collector in connection with this Agreement or ratemaking applications submitted pursuant to this Agreement. h) Attorneys' fees and other expenses incurred by Collector in any court or adversarial proceeding in which Town and Collector are adverse parties, unless Collector is the prevailing party in such proceeding and Collector fails to recover such fees as a result of that litigation. i) Attorneys' fees and other expenses incurred by Collector in any court or adversarial proceeding not between Town and Collector in which Collector's own negligence, violation of law or regulation, or wrongdoing are alleged, in whole or in part, unless Collector is successful in obtaining judgment in the lawsuit and, in such event, only to the extent that Collector does not recover attorneys' fees and costs and only to the extent that the proceeding is solely in connection with this Agreement (or if primarily but not solely in connection with this Agreement any allocable portion of Collector's fees and costs that may be fairly attributed to the claims arising out of the performance of this Agreement, as opposed to any other agreement or contract under which the Collector provides Solid Waste collection services that are also included in the subject matter of the proceeding); and attorneys' fees and expenses incurred by Collector in a court or adversarial proceeding in which the legal theory or statute providing a basis of liability against Collector also provides for separate potential liability for Town derived from the action of its citizens or rate payers (such as in a CERCLA lawsuit) if Collector is found liable in such claims. 0) Payments to related parties for products or services, to the extent in excess of the cost to the related party for those products or services, and the amount of rental charges paid to related parties for vehicles leased for 6 months or longer that are greater than the costs of acquisition plus interest costs of the vehicles depreciated over a ten (10) year period k) Interest expense that exceeds the market rate of interest for similar debt at the time that the loan or debt was incurred. 1) Any additional transportation costs related to Collector's voluntary decision to utilize a transfer station or Disposal Facility other than those it is using on the date of this Agreement, unless (i) such additional transportation costs are offset by reduced disposal costs as a result of the change in transfer station or Disposal Facility or (ii) such 38 decision to change a transfer station or Disposal Facility is approved in advance by the Town, such approval not to be unreasonably withheld. m) Amounts paid to or in behalf of Collector's officers,' directors,' owners' or shareholders' accounts in the union pension and retirement plan that are in excess of Collector's percentage contribution to employees' accounts in the union pension and retirement plan (i.e., those contributions to officers, directors, owners, or shareholders made in excess of the requirements of the company's "safe harbor" portion of its retirement plan) shall be considered Non-Allowable Costs. n) The first $5,000 in costs, in any calendar year, incurred by Collector in collecting illegally dumped garbage as described in Section 5.B(6) (with any amounts over such amount in a calendar-year period to be an Allowable Cost). o) The costs incurred by Collector that are designated Non- Allowable Costs within Section 5.B(5), including each of its subsections, and Section 5.B(6). 2) The following shall be considered Pass-Through Costs: a) Charges assessed by the Disposal Facility and paid by Collector in excess of $43.23 per ton for the Fiscal Year ended December 31, 2010, which per-ton figure shall be adjusted in accordance with the CPI for each subsequent Fiscal Year; b) Any amounts paid by Collector to or on behalf of Town pursuant to Section 24, with the exception of the following: i) any amounts related to, connected with, or arising out of, Collector's sole or active negligence, willful misconduct or failure to comply with any other section or provision of this Agreement; or ii) any amounts that are reimbursed to the Collector or paid directly by the Collector's insurer (including any amounts paid as attorneys' fees, and expert witness fees, court costs of defense, in settlement of claims, or as a judgment or award); c) Fifty percent (50%) of the amount paid by Collector as and for Town's fee obligation owed to the Marin County Solid Waste Joint 39 Powers Authority pursuant to Section 13.C (with the other fifty percent 50%) of such an amount to be an Allowable Cost); d) Fifty percent (50%) of the amount paid by Collector as and to Town pursuant to Section 13.D (with the other fifty percent (50%) of such an amount to be an Allowable Cost); e) The Franchise Fee paid by Collector to Town pursuant to Section 13.A; f) Any fees designated as Pass-Through Costs by Section 13.E, Section 13.G, or Section 13.H and paid by Collector; g) Payroll tax for officers', directors', and shareholders' compensation to the extent that said compensation does not exceed the maximum allowable under Section 16.G(1)(a) of this Section 16.G; and h) Any other amounts designated as Pass-Through Costs in this Agreement. H. Collector's records, accounting practices and record keeping, as well as the Base Rate Change Applications that Collector may submit to Town under this Agreement, shall be governed by the following principles : 1) Rate calculations shall be based upon all revenues received from, and expenses incurred by, Collector's performance of Solid Waste services under this Agreement. Said revenues and expenses shall be reflected in the income statement of the independently audited financial statements for Collector. 2) Collector shall allocate (i) the rate-reimbursed Town services to ensure that the rate payers in each jurisdiction for which Collector provides Solid Waste collection services, including Town's rate payers, pay only for the services provided within the rate payers' own jurisdiction, and (ii) repair and maintenance labor expenses (based on truck hours) among all the jurisdictions served by Collector. 1. The costs and fees Town incurs in analyzing and reviewing any Base Rate Change Application submitted by Collector shall be reimbursed to Town by Collector within thirty (30) days after Collector receives an invoice therefor. Said reimbursement amount paid by Collector shall be an Allowable Cost for rate-setting purposes. J. Prior to April 1 of each year, Collector shall submit to Town a statement showing all unanticipated revenues earned (by source and amounts) and all unanticipated 40 cost savings garnered (by source and amounts) during the immediately preceding Fiscal Year, irrespective of whether Collector applies for a rate adjustment. Town may require, in the exercise of its reasonable judgment, other information from Collector in order to allow Town to determine whether and to what extent Collector's rates are fair and reasonable in relation to Collector's costs and revenues, irrespective of whether Collector applies for a rate adjustment. K. The failure of Collector to seek a rate increase in accordance with one of the methods described by Section 16.E for any given Rate Year forever waives Collector's rights to seek or obtain a rate increase for such Rate Year, or otherwise to seek to recoup amounts attributable to such Rate Year. L. At any time, Town may make a written request that requires Collector to establish that the rates it is charging are fair and reasonable and otherwise conform with the terms and conditions of this Agreement. Upon reasonable written notice from Town, Collector shall supply to Town those statements and documents that Town; in its reasonable judgment, requires in order to determine Collector's compliance with this Section 16.L. Town shall be entitled to retain those experts it deems necessary and Collector, within thirty (30) days after receiving an invoice therefor from Town, shall pay for said experts' services to Town. The amounts paid to Town by Collector pursuant to this Section 16.L shall be an Allowable Cost for rate-making purposes. In the event, after its analysis of Collector's records, statements, documents and operations, Town determines that an adjustment (either upwards or downwards) in Collector's Base Rates either upwards or downwards) is advisable in order to result in a fair return to Collector as determined in accordance with Section 16.G, Town shall set at least one public hearing, with at least ten (10) days' advance written notice to Collector, for Town Council to consider any proposal submitted by Town Manager to adjust Collector's Base Rates pursuant to this Section 16.L. M. After Collector submits its application for a rate adjustment in any year, Town shall be entitled to review and analyze the request, and the basis therefor. Town shall be entitled to retain those experts that it deems necessary and Collector, within thirty (30) days, after receiving an invoice therefor from Town, shall pay for said experts' services to Town. The amounts paid to Town by Collector pursuant to this Section 16.M shall be an Allowable Cost for rate-making purposes. In order to properly examine Collector's Base Rate Change Application, Town shall be permitted to review all books and records of Collector relevant to the Base Rate Change Application, as determined by Town exercising its reasonable judgment. N. After receipt of a timely Base Rate Change Application from Collector for any given year, and after Town has adequately analyzed the request, Town shall notice at least one public hearing in order for Town Council to object and hear any objections that 41 may be made to the requested rate adjustment. In its regulatory capacity, the Town Council may take action to object to any rate adjustment application and direct Collector to submit another Base Rate Change Application, at which time the public hearing will be continued to permit Collector to request a rate adjustment that will not be objected to by the Town Council. In the event of action taken by the Town Council to object to a rate- adjustment application, the rate adjustment sought by Collector may not be established. All hearings on rate adjustments shall be concluded by the effective date of the rate adjustment (July 1), unless the Town Council shall extend such time. In any case in which rates are established at a public hearing that has been continued to a date following July 1 of such Rate Year the rates shall be adjusted to take the timing of action (and the related timing of commencement of billing under the new rates) into account, so that Collector will receive a fair return in accordance with the terms of this Agreement at all times. SECTION 17. BILLING. A. Collector shall, at predetermined intervals, mail or deliver to each Single-Family Unit residential customer in Town a statement of account for services, as provided by this Agreement, and shall, once a month, mail or deliver to each Multi-Family Unit or commercial establishment a statement of account for services. The statement of account shall be based on the schedule of rates and services established in accordance with the terms of this Agreement and shown on Exhibit A, as updated from time to time in accordance herewith. B. The uncompacted rate per cubic yard set by Town shall be used as the basis to calculate compacted rates. C. Persons who are sixty-two (62) years of age or older and who receive Supplemental Social Security (SSI) or Medi-Cal benefits shall be entitled to the lifeline rate shown in Exhibit A. SECTION 18. AB 939. A. Collector acknowledges that it is familiar with the requirements imposed by AB 939, and Collector agrees to cooperate fully with Town in meeting said requirements. Collector shall commit its best efforts toward complying with the same. Collector shall provide Town with monthly information regarding all Garbage, Recyclables and Green Waste tonnage collected and either disposed of or diverted, and shall provide educational information to residents through periodic brochures or newsletters or through Collector's website. Collector shall submit to Town information and reports required by Town to meet its reporting obligations imposed by AB 939 and applicable regulations, in a manner approved by Town. 42 B. The refusal, failure or neglect of Collector to file any of the reports required or to provide required information to Town (in each case as required by Section 18.A immediately above), or the intentional inclusion in any such reports or information of any materially false or misleading statement or representation made knowingly by Collector, shall be deemed a material breach of this Agreement, and shall subject Collector to all remedies, legal or equitable, that are available to Town under this Agreement. SECTION 19. ASSIGNMENT. A. The franchise granted by this Agreement`shall not be transferred, sold, hypothecated, sublet or assigned, nor shall any of the rights or privileges herein be hypothecated, leased, assigned, sold or transferred, either in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any person or entity, except Collector, either by act of Collector or by operation of law, without the prior written consent of Town expressed by resolution. Town shall not unreasonably withhold its consent to a transfer of the franchise granted by this Agreement. Notwithstanding anything stated by this Section 19 or elsewhere herein, Collector may, without the consent of Town and without paying a Franchise Transfer Fee, transfer or assign the rights to this Agreement to a successor-in-interest or subsidiary of Collector, provided that: (i) fifty percent (50%) or more of the ownership of the transferee or assignee is held by the same persons who hold fifty percent (50%) or more of the ownership of Collector; (ii) Town is provided duly executed Articles of Incorporation and corporate resolution of the assignee or transferee (or similar documentation appropriate to the type of entity that is the assignee or transferee) attesting to those persons or entities who are the owners, officers, directors or shareholders of the assignee or transferee; (iii) Town is provided a written assumption executed by assignee or transferee ensuring performance of all duties and obligations that Collector is required to perform under this Agreement; and (iv) Town is provided any other evidence reasonably required by Town to verify that the assignee or transferee will be able to perform all of the duties required by this Agreement. B. Town's consent to an assignment or change of control may be withheld if, inter alia, the following conditions are not satisfied: 1) Collector shall give Town at least ninety (90) days' advance written notice of Collector's intent to sell, transfer or assign this Agreement. As part of such notice, Collector shall provide to Town the following written information: a) The name, address and telephone number of the proposed assignee; 43 b) The character of the legal entity owning or controlling the assignee, and the names, addresses and telephone numbers of all principals, partners or shareholders thereof, as the case may be; and c) A copy of any and all purchase and assignment agreements containing, at a minimum, the terms and conditions (but excluding the financial terms) of the sale, transfer or assignment of this Agreement and of Collector's Solid Waste collection business. 2) The proposed transferee must be shown, by credible and sufficient evidence, to be qualified, by financial condition, background and experience to be able to fully assume and satisfactorily perform all of Collector's obligations hereunder, and, particularly, to be able to perform under this Agreement in a fashion that will assure Town of complying with AB 939. 3) Collector cannot be in default under any of the material terms and conditions hereof. 4) The transferee must be willing to, in writing, assume all of the obligations hereunder. 5) Collector or its proposed transferee must pay the Franchise Transfer Fee specified herein below. C. The term "assignment" shall include any dissolution, merger, consolidation or other reorganization of Collector which results in change of control of Collector, or the sale or other transfer by probate proceeding or otherwise of a controlling percentage of Collector's capital stock to a person or entity not a shareholder on the date of the execution of this Agreement. D. "Change in control" means any sale, transfer or acquisition of Collector. If Collector is a corporation, any sale, transfer or acquisition of more than fifty percent 50%) of Collector's voting stock shall be deemed a change in control; provided, however, that the following transfers shall not be considered a change in control: (i) any transfer of shares by a shareholder to a trust for the benefit of the shareholder or the shareholder's spouse; (ii) any transfer of shares by a shareholder to a member of his or her immediate family; (iii) any transfer of shares to persons who are shareholders of the corporation or to members of the immediate family of such persons; and (iv) any transfer of shares to an employee of the corporation. E. Except as provided in Section 19.A of this Agreement, any change in control of Collector occurring without prior Town approval shall constitute a material breach of this Agreement. 44 F. Except as provided in Section 19.A of this Agreement, in the event Collector attempts to assign this Agreement under this Agreement without first obtaining the written consent of Town, which consent shall not be unreasonably withheld, conditioned or delayed, Town shall have the right to elect to terminate this Agreement forthwith, without suit or other proceeding. G. No interest of Collector in this Agreement shall be assignable by operation of law. Each or any of the following acts shall be considered an involuntary assignment, providing Town with the right to elect to terminate this Agreement forthwith, without suit or other proceeding: 1) If Collector is or becomes insolvent, or makes an assignment for the benefit of creditors; 2) If writ of attachment or execution is levied on this Agreement or other property of Collector such as would affect Collector's ability to perform its duties and obligations under this Agreement; and 3) If in any proceeding to which Collector is a party, a receiver is appointed with authority to take possession of Collector's property such that would affect Collector's ability to perform its duties and obligations under this Agreement. H. Any application for a franchise transfer shall be made in a manner prescribed by Town Manager. Collector shall, on request, pay Town its reasonably anticipated direct and indirect administrative expenses, including the fees of consultants and attorneys, necessary to adequately analyze the application (the "Franchise Transfer Fee"). The Franchise Transfer Fee shall be over and above any Franchise Fee specified in this Agreement and shall not be a recoverable cost for rate-setting purposes. SECTION 20. FURTHER BENEFITS. If on or after the Effective Date of this Agreement and prior to its termination, Collector enters into an agreement (including a revised and/or restated agreement), amended or modified agreement, or amendment or addendum to an existing agreement (hereafter referred to collectively in this Section 20 as "agreement") for collection of Garbage, Recyclables, or other forms of Solid Waste as defined by this Agreement with any other municipality or unincorporated area of any county (hereafter "other public entity"), the parties agree that the following provisions shall apply: 1) If the agreement entered into by Collector with the other public entity provides any service to such other public entity that is not provided to Town under Section 5.B(5) or 5.B(6) of this Agreement, then Town may elect to receive the same service; provided however, that the costs of providing said service shall 45 be categorized the same (i.e., Allowable Cost, Non-Allowable Cost or Pass- Through Cost) as such costs are categorized by the Collector's agreement with such other public entity for the purposes of determining a fair return under Section 16.G of this Agreement; and 2) Any election made under this Section 20 shall take effect on July 1 of the Rate Year immediately following the Rate Year during which the Town has provided Collector notice of its election under this Section 20, provided Collector has received such notice from the Town by March 1 of such prior Rate Year; Collector shall submit a Base Rate Change Application under Section 16.E(1) for any necessary upward or downward adjustment in rates due to this election. SECTION 21. COLLECTION EQUIPMENT. A. Collector warrants that it shall provide an adequate number of vehicles and equipment for the collection and transportation services for which it is responsible under this Agreement. All vehicles used by Collector under this Agreement shall be registered with the Department of Motor Vehicles of the State of California, shall be kept clean and in good repair, and shall be uniformly painted. Garbage collection vehicles shall be washed such that they are maintained in a clean and sanitary condition. Collector's name, telephone number and vehicle number shall be visibly displayed on its vehicles. Loads shall be kept completely covered at all times except when material is being loaded or unloaded or when vehicles are en route in the process of collection. Collection vehicles shall be designed and operated while en route in such a manner as to prevent Garbage, including leachate and Garbage juice, from leaking, escaping or spilling. Collector shall immediately clean up any spillage of materials. The noise level generated by compaction vehicles using compaction mechanisms during the stationary compaction process shall not exceed the limits imposed by applicable law. B. Notwithstanding the generality of the foregoing, Collector's equipment shall at all times be in conformance with Town's Municipal Code provisions applicable thereto. SECTION 22. SERVICE EXCEPTIONS; HAZARDOUS WASTE NOTIFICATIONS. A. The parties hereto recognize that federal, state and local agencies with responsibility for defining Hazardous Waste and for regulating the collection, hauling or disposing of such substances, are continually providing new definitions, tests and regulations concerning these substances. Under this Agreement, it is Collector's responsibility to keep current with the regulations and tests on such substances and to identify such substances and to comply with all federal, state and local regulations concerning such substances. Collector shall make every reasonable effort to prohibit the 46 collection and disposal of Hazardous Waste in any manner inconsistent with applicable law. B. When Garbage is not collected from any customer, Collector shall, if requested, notify its customer why the collection was not made. C. Collector has represented to Town that Collector will carry out its duties to notify all agencies with jurisdiction, including the California Department of Toxic Substances Control and local emergency response providers, and, if appropriate, the National Response Center, of reportable quantities of Hazardous Waste found or observed by Collector in Garbage anywhere within Town, including on, in, under or about Town property, including streets, easements, rights of way and Town waste containers. In addition to other required notifications, if Collector observes any substances that it or its employees reasonably believe or suspect to contain Hazardous Wastes unlawfully disposed of or released on Town property, including streets, storm drains or public rights of way, Collector also shall immediately notify Town Manager, or Town Manager's designee. D. Collector shall conduct visual surface inspections, in accordance with its current operating practices, of all Garbage that it collects, transports or disposes of pursuant to this Agreement, for the purpose of discovering, identifying and refusing to collect, transport and dispose of Hazardous Wastes or Materials. SECTION 23. PUBLIC ACCESS TO COLLECTOR. A. Office Hours. Collector's office hours shall be, at a minimum, from 7:00 a.m. to 3:00 p.m., or an equivalent eight (8) hour period between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday, excluding holidays. Collector shall maintain a toll-free area code phone number. A representative of Collector shall be available during office hours for communication with the public at Collector's principal office, which shall be located at 112 Front Street, San Rafael, California, or at such other place as is chosen by Collector from time to time within Marin County. Collector shall also maintain an after-hours telephone number for use during other than normal business hours. Collector shall have a representative or answering service or recorded message at said after-hours telephone number during all hours other than normal office hours. B. Service Complaints. 1) All customer complaints shall initially be directed to Collector. Collector shall record all written complaints (including date, name, address of complainant and nature of complaint). Collector agrees to use all commercially reasonable efforts to resolve all complaints (whether written or oral) by close of business of the second business (waste collection) day following the date on which 47 such complaint is received. Service complaints may be investigated by Town Manager or Town Manager's designee. Unless a settlement satisfactory to the complainant, Collector and Town Manager's designee is reached, the complainant may refer the matter to Town Manager for review. 2) Collector shall maintain records of all written customer complaints, which records shall include: the date of the complaint, the name of the customer, the nature of the complaint or request, and when and what action was taken by Collector to resolve the complaint. All such records shall be maintained for a period of twenty-four (24) months and shall be available for inspection by Town. C. Government Liaison Person. Collector shall designate a "government liaison person" who shall be responsible for working with Town Manager or Town Manager's designated representative to resolve consumer complaints. Unless a settlement satisfactory to complainant, Collector and Town Manager's designee is reached, the complainant may refer the matter to Town Manager for review. D. Regular Meetings with Town. Upon request by Town, Collector shall meet with Town at Town Hall to discuss matters of mutual concern, including problems in Collector's service, compliance with AB 939, and future planning. The person attending these meetings on behalf of Collector shall be vested with sufficient authority to make decisions binding on Collector. SECTION 24. INDEMNIFICATION. A. Indemnification of Town 1) Collector shall defend, with counsel reasonably acceptable to Town, and indemnify Town from and against, any and all liabilities, costs, claims and damages that are caused by Collector's failure to comply with the laws described in Section 7 or in any other section of this Agreement. 2) Collector shall protect, defend with counsel reasonably acceptable to Town, indemnify and hold harmless Town and its officers, employees and agents from and against, any and all losses, liabilities, fines, penalties, claims, damages, or judgments, including attorney's fees (collectively "losses"), arising out of or resulting in any way from (i) Collector's exercise of the franchise, or (ii) Town's grant of the franchise to Collector, provided Town's representations and warranties in Section 27.J are accurate, or (iii) any services provided by Collector pursuant to the terms of this Agreement. The obligations of Collector in the foregoing sentence shall not apply to losses that are due to the sole negligence or willful misconduct of Town or its officers, employees, agents or contractors, or to Collector taking or not taking action at the direction of Town, over the written 48 objection of Collector. For purposes of this Section 24.A(2), Collector shall not be considered a "contractor" of Town. 3) In addition, provided Town's representations and warranties in Section 27.J are accurate, Collector shall release and defend, with counsel reasonably acceptable to Town, indemnify and hold Town harmless from and against, any and all litigation and claims, damages and liabilities arising therefrom, brought to enforce or to challenge this Agreement and/or Collector's exclusive rights granted hereunder, including any alleged violation by Town and/or Collector of any federal, state or municipal law,' statute or constitutional provision, or other cause. Notwithstanding the foregoing, Collector's obligations under this Section 24.A(3) extend only to actions brought against or by persons or entities not parties to this Agreement. B. AB 939 Indemnification 1) Without limiting Section 24.A and in addition thereto, Collector shall defend, with counsel reasonably acceptable to Town, indemnify and hold Town harmless from and against, any and all fines, penalties and assessments levied against or threatened to be levied against Town for Town's failure to meet the requirements of AB 939, its amendments or any successor legislation or all rules and regulations promulgated thereunder if said failure is caused by Collector, or its failure to comply with this Agreement or Collector's failure to comply with applicable laws, rules or regulations, including failing to timely supply to Town the reports and information required by Town in order to comply with AB 939. 2) Upon the request of Town and passage by Town Council of a resolution providing for an increase in Collector's rates as a Pass-Through Cost to fully compensate Collector therefor, Collector shall collect from its customers any fines, assessments and penalties resulting from Town's failure to comply with AB 939 or its amendments and successor legislation, or all regulations and rules promulgated thereunder to the extent that said failure is a consequence of Town's residents' failure to participate in the Solid Waste programs or services made available to them by Town or Collector. Collector shall collect such amounts from customers on the regular billings and remit collected amounts quarterly to Town in the same fashion and subject to the same terms and conditions as the Franchise Fee. Collector's costs in collecting such fee and related administrative costs and overhead shall be considered an Allowable Cost for rate-setting purposes. 3) Notwithstanding anything stated to the contrary by this Section 243, the obligations of Collector to indemnify Town under this Section 243 shall be subject to the provisions of Public Resources Code section 40059. 1, as it may be amended or modified. It is the intent of the parties that this Section 243 be 49 construed to not be inconsistent with state law and be construed in a manner that this indemnification obligation be applied to the fullest extent permitted by law. SECTION 25. CHANGES IN LAWS. In the event and to the extent that any of the following require or are amended to require that either party hereto take certain action or desist from taking certain action that affects the promises, covenants or performance of the parties hereunder, then this Agreement shall be amended to provide provisions that have as their purpose the satisfaction of such requirements. Furthermore, should such amendments to this Agreement result in Collector having to incur additional expenses in performing its obligations hereunder, Collector may seek rate adjustments therefor in accordance with Section 16 above. 1) Town's Municipal Code, the California Public Resources Code, AB 939, other applicable state and federal laws, rules and regulations promulgated thereunder; 2) The SRRE and the HHWE; 3) The Marin County Integrated Waste Management Plan; and 4) Any and all amendments to said laws, plans and regulations. SECTION 26. EXCUSE FROM PERFORMANCE. A. The parties hereto shall be excused from performing their respective obligations hereunder in the event they are prevented from so performing by reason of floods, earthquakes, other "acts of God," war, civil insurrection, riots, terrorist attacks, acts of any government (including judicial action, but excluding acts of Town taken consistent with this Agreement) and other similar catastrophic events, that are beyond the control of and not the fault of the party claiming excuse from performance hereunder. B. Labor unrest, including strike, work stoppage or slowdown, sick-out, picketing, or other concerted job action conducted by Collector's employees or directed at Collector or its selected facilities shall not be an excuse for non-performance, and Collector shall be obligated to continue to provide service within a reasonable time under the circumstances, notwithstanding the occurrence of any or all of such events. Notwithstanding the foregoing, in the event of a strike or similar event that consists of at least fifty (50%) of the Collector's employees directly involved in collection services under this Agreement engaging in a work stoppage, Collector may require all customers to bring all Solid Waste to the curb for collection for no more than thirty (30) consecutive days, with no reduction in rates. After said thirty (30) day period, Collector shall resume collecting Solid Waste in accordance with Section 53(1)(a) for the duration of such strike or similar event. 50 C. The party hereto claiming excuse for non-performance shall, within two (2) working days after such party has notice of such cause, give the other party notice of the facts constituting such cause and asserting its right to excuse under this Section 26. D. The interruption or discontinuance of Collector's services caused by one or more of the events excused under Section 26.A shall not constitute a default by Collector under this Agreement. Notwithstanding the foregoing, however, if Collector is excused from performing its obligations hereunder for any of the causes listed in Section 26.A for a period of seven (7) or more consecutive working days, Town may nevertheless exercise its rights under Section 10, in which case the provisions of Section 10 (exclusive of Section 10.J) shall be applied. SECTION 27. GENERAL PROVISIONS. A. Independent Contractor. Collector is an independent contractor and not an officer, agent, servant or employee of Town. Collector is solely responsible for the acts and omissions of its officers, agents, employees and subcontractors, if any. B. Law to Govern; Venue. The laws of the State of California shall govern this Agreement. In the event of litigation between the parties hereto, venue in state trial courts shall lie exclusively in the County of Marin. In the event of litigation in a U.S. District Court, exclusive venue shall lie in the Northern District of California. C. Prior Agreements and Amendment 1) No amendment of this Agreement shall be valid unless in writing duly executed by the parties hereto. This Agreement contains the entire agreement between the parties, and no promises, representations, warranties or covenants not included in this Agreement have been or are relied upon by either party. This Agreement is intended to supersede and replace the Existing Agreement, and all extensions thereto, as of and following the Effective Date. 2) The parties to this Agreement agree that during the term of this Agreement (which may extend for as many as twenty (20) years) it is likely that there will be changes in technological, economic, and social conditions that require modifications of the terms of this Agreement to meet future legal obligations and the expectations of each of the parties. The parties, therefore, express their intention to meet and discuss the need for modifications to specific provisions of this Agreement that may be made necessary through such developments as zero-waste hauling, new recycling programs, or more efficient Solid Waste collection technologies, upon notice being provided by either party in the manner required by Section 27.1) at least thirty (30) days in advance of a date proposed by the notice for a meeting to discuss modifications to the terms of this 51 Agreement. The parties agree to meet and discuss in good faith on a mutually agreeable date(s) any such modifications requested by either party. Disagreements or disputes resulting from such meeting(s) regarding the need for modifications to terms of this Agreement shall be subject to any available legal remedies. Any changes, alterations, or modifications made to the legal rights and duties of the parties by mutual consent can only take effect upon a properly and fully executed amendment to this Agreement. D. Notices. Except as may be otherwise prgvided, all notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered or sent by United States certified mail, postage prepaid, return receipt requested or overnight delivery service with delivery receipt to establish date and time of delivery, addressed as follows: To Town: Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Fax Number: (415) 43 5-243 8 Email: pcurrangci.tiburon.ca.us Copy to: Director of Administrative Services Assistant to Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Fax Number: (415) 435-2438 Email: hbiag_ll(a~ci.tiburon.ca.us And to: Town Attorney Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Fax Number: (415) 43 5-243 8 Email: adanforthgci.tiburon.ca.us To Collector: Mr. James Iavarone Mill Valley Refuse Service, Inc. 112 Front Street San Rafael, CA 94901 Fax Number: (415) 457-3003 Email: jiavarone(a,millvalleyrefuse.com 52 Copy to: Mr. David Della Zoppa Mill Valley Refuse Service 112 Front Street San Rafael, CA 94901 Fax Number: (415) 457-3003 Email: davedzgmillvalleyrefuse.com or to such other address as either party may from time to time designate by notice to the other given in accordance with this Section 27.D. Notice shall be deemed effective on the date personally served, or, on the date delivered by overnight delivery and personally accepted as established by signature of the person accepting the delivery, or three (3) Business Days from the date such notice is deposited in the United States mail, if neither party personally accepted delivery as established by a signature of that party. E. Separability. If any section, sentence, subsection, clause or phrase of this Agreement is for any reason held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Agreement. F. Exhibits Incorporated. Exhibits A through E are attached to and incorporated in this Agreement by reference. G. Joint Drafting. This Agreement was drafted jointly by the parties hereto. H. Recitals Part of Agreement. The recitals contained on pages 1 and 2 of this Agreement are hereby incorporated by this reference and shall constitute part of the terms and conditions agreed to herein. 1. Survival. The following sections shall survive the termination or expiration of this Agreement for such periods as are indicated by the relevant statute(s) of limitations: Sections 7. 121 14, 24 and 27. J. Representation on Authority of Parties. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Without limiting the generality of the foregoing, Town represents and warrants that it has the authority to grant the franchise provided for herein and otherwise perform in accordance with the terms of this Agreement, and that all necessary municipal actions have been taken to approve the execution and performance of this Agreement. Similarly, Collector represents and warrants that it has the corporate power to perform its obligations hereunder, and that all necessary corporate actions have been taken to approve the execution and performance of this Agreement. 53 K. Headings. Section and subsection titles and captions contained in this Agreement are inserted as a matter of convenience and for reference and in no way define, limit, extend or describe the scope of this Agreement or the intent of any of its provisions. L. No Third-Party Beneficiaries. This Agreement has been made and is made solely for the benefit of the parties hereto and their respective successors and permitted assigns. Nothing in this Agreement is intended to confer any rights or remedies under or by reason of this Agreement on any persons or entities ' other than the parties to it and their respective successors and permitted assigns. Nothing in this Agreement is intended to relieve or discharge the obligation or liability of any third person to any party to this Agreement. M. Terminolo~y. Unless the context of this Agreement otherwise clearly requires, references to the plural include the singular and the singular the plural, and "or" has the inclusive meaning represented by the phrase "and/or." The use herein of the word including," when following any general statement, term or matter, shall not be construed to limit such statement, term or matter to the specific items or matters set forth immediately following such word or to similar items or matters, whether or not nonlimiting language (such as "without limitation," or "but not limited to," or words of similar import) is used with reference thereto, but rather shall be deemed to refer to all other items or matters that could reasonably fall within the broadest possible scope of such general statement, term or matter. The words "hereof," "herein," "hereunder" and similar terms in this Agreement refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise stated, any reference contained in this Agreement to a "Section," "subsection" or "clause" refers to the provisions of this Agreement. Wherever the context may require, any pronouns used in this Agreement shall include the corresponding masculine, feminine, or neuter forms. N. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The parties hereto may execute this Agreement, individually or,in a representative capacity, and forward an executed counterpart signature to one or more other parties by facsimile, PDF image, overnight express or other means, and the party or parties receiving such executed counterpart signature shall be authorized to attach it hereto as the legal and valid signature of such executing party. The party or parties receiving such executed counterpart signature, together with their attorneys and counsel, shall be able to rely on the validity of such executed counterpart signature as fully as if the original of such signature was affixed hereon. This Agreement shall not be effective until the execution and delivery between each of the parties of at least one set of counterparts. The parties authorize each other to detach and combine 54 original signature pages and consolidate them into a single identical original. Any one of such completely executed counterparts shall be sufficient proof of this Agreement. intentionally left blank; signature pagefollows] 55 IN WITNESS WHEREOF, the parties hereto have executed this Solid Waste Management Agreement as of the day and year first written above, to become effective on the Effective Date. TOWN OF TIBURON, MILL VALLEY REFUSE SERVICE, INC., a municipal corporation a California corporation by Margaret ' . Curran, Town Manager Seal) APPROVED AS TO FORM: by ( ~ David Bi ~/A'io, P ident by ji es ~Ilavarone, Secretary Seal) APPROVED AS TO FORM: Ann Danforth, Town Attorney Attorne fo Mill alley Refuse Service, Inc. Signature Page Exhibit A Schedule of Rates Exhibit A TIBURON 1:ft:'i..I:~~!~Il~, r•:i,l ~ti:. ..il.rlll~,1 Flatl ,Area:.:: ,.,~fi•:I~i~~l. Base Rate Recycling Rate Monthly Rate Quarterly Rate of Cans 11 Pick Up 26.73 4.36 31.09 93.27 1-20 Gallon 30.71 4.36 35.07 105.21 1-32 Gallon _ 59.48 4.36 63.84 191.52 2-32 Gallon _ 87.78 4.36 92.14 276.42 3-32 Gallon 116.03 4.36 120,39 361.17 4-32 Gallon 45.14 4.36 49,50 148,50 1-45 Gallon i't 'tGE I' t I ' IG'.i ;Ilitii:il::' ~t t r.:4:Lc::,; ~ .r I Base Rate Recycling Rate Monthly Rate Quarterly Rate of Cans 11 Pick Up 32.45 4.36 36.81 110.43 1-20 Gallon _ 37.39 4.36 41.75 125.25 1-32 Gallon 59.48 4.36 63.84 191.52 2-32 Gallon _ V 87.78 4.36 92.14 276.42 3-32 Gallon _ 116.03 4.36 120.39 361.17 4-32 Gallon _ 144.34 4.36 148.70 446.10 5-32 Gallon 55.09 4.36 59.45 178.35 1-45 Gallon of Cans/2 Pick Ups 73.18 4.36 77.54 232.62 1-32 Gallon 117.00 4,36 121.36 364.08 2-32 Gallon M 173.66 4.36 178.02 534.06 3-32 Gallon _ 230.29 4.36 234.65 703.95 4-32 Gallon 6MA r„ "•Um:IIIIaII:,,,.,!r.I::n:..n:, : II•~ nq; :.li!irl:ii'"unr'punn'dl"?i,,4 : I .r.;,. , it,. E.•, h ''s''?p,..I' dl tl r ,f 'i t. rHilarita:A artmts .1.:ruen1..P..:,.,.t:,,::.; Base Recycling Monthly Quarterly Rate* Rate Rate Rate # of Cans 11 Pick Up 27.17 4.36 31.53 n/a 1-32 Gallon - Flat Area 33.72 4.36 38.08 n/a 1-32 Gallon - Hill Area I. i'::I:. ,I.,:til Ijili t: I I I': I, 1.,.::. ! l" i~t! 1,,,II~;Ii:.1:,~11., I• 'i;~ ,.,.1:::1. i : . 'I i li t..{:. !.r'' :ac men, Base Rate* Recycling Monthly Quarterly Rate Rate Rate # of Cans 11 Pick Up 28.81 4.36 33.17 n/a 1-32 Gallon - Flat Area 35.45 4.36 39.81 n/a 1-32 Gallon - Hill Area TIBURON r . 1_.1 I 1 „L p.t; e , c , I ~+ilJ'`• ' - ! 51, ! ,~T*'t'.. 1' j + ' , 1' 1: i `,t) 4 t , j itfjl,.~Il~+'~_' 1{' i ,ti,. i,1 fE {i; i ! I ! lJ '.(t•. I t.! r. t f t 'Lili;TWt~JI l (t r a L~ EV1!"\Lt~, ::::~:Iljl " t I • ~it 1 jj{}` r t „tJ" (1 It ,r j j I Il1 !..'J1 1 ` i ` ` .~i1:iilfSli~ilJ ` •tu sl , e r,.. r:r ilrl •:Il':;:'.. rt'- 1 1!"':.... i' .'''4i: II;.I..., ' I,i!I I { ' 'I1 , tIJ •I,. I •r:........1 ~ • ,It I.I:,r:+.ri :I II•II;I;~ Il'~I }1,111illlli,l!I. ! •..!;.:II, (.,,IJ!! I!II!!I..: fEtt,:r.. •<I::• ,:IcIJ•.II„t't•: gill{I{I'I tl + : I~; : ~ :r1:.:1;1,,,:: :.I., .,I .Yard.!Containe'rtll,l:: (I.: :J Base Rate Recycling Rate Monthly Rate Container Rental of Pick Ups 127.22 16.95 144.17 22.66 1 Pick Up 254.51 33.94 288.45 22.66 2 Pick Ups _ 381.81 50.87 432.68 t 22.66 3 Pick Ups _ 509.06 67.86 576.92 22.66 4 Pick Ups 636.31 84.84 721.15 22.66 5 Pick Ups is 763.60 101.82 865.42 22.66 6 Pick Ups 32.47 per yard extra trash charge I r t:. .I ! rr,;iriI:I:I+,,. ,1. , I. I'I.:I: '•,.....r. i' .:JIr. I : I.t.. ;{s,tclsr•I:I;;.,;..::..;';:., r:,::i ::~Ii..i•'!.~...!:;:. : i.ll! t~:[II.•:: • II. I' :.?:t I . ' I.,:'I.... ,t r 1,: I !1 rI..II;I!::.. r:..lr'I..I II;'iil! Ir. Il,r••;'; t::! I . • i:::ll : ~,!J:;:.iiiil.l;!i:2 Yard Contain i ;llI.:.:iii I~ Base Rate Recycling Rate Monthly Rate Container Rental of Pick Ups 254.51 33.94 288.45 39.10 1 Pick Up 509.03 67.88 576.91 39.10 2 Pick Ups T 763.60 101.82 865.42 39.10 3 Pick Ups 1,018.01 135.78 1,153.79 39.10 4 Pick Ups 1,272.65 169.72 1,442,37 39.10 5 Pick Ups 17527.16 203.67 1,730.83 39.10 6 Pick Ups 32.47 per yard extra trash charge r.:::,., ! i,!;I ;1V:1:'I i~~' " 1,.,~:II!,I,!dtlit,!II.1!I,,.;;...,I•:.. Illi , : I~:~ :;I::f:•:l:r(I!+i+{.;J1!1~J!1.', I•.I:. ,riC.o.mmerciial.rrashr:.,•i;'III::rll;ll,.,rllll:,lr..,...._: ,::::,;::::r:r,r,l,:,rs.,,,,-r!.......... ::I:,i~ J.....ltNiJlltiJS<i;:: t,t::=:: "I; l,,,,,,.,,.r,,,.•r.,.;,..1' Base Rate Recycling Rate Monthly Rate Container Rental # of Cans/1 Pick Up 43.62 4.36 47,98 n/a 1-32 Gallon 57.15 4.36 61.51 n/a 1-45 Gallon c::: ,riirl!t"I„I, ' ~;!ll:lt. r :;:::'I' ,I,:j,tJ•• I': Il:i:!~!Ih: , : :;1':.!!111!11 tl'I,...Il;r!t:li,,r r5.1. I :11 Il , t i I: ,t.: •.::'I. r..,!' it...II Com adtor.Rate! er'I! 'aTd:II , I: I:..r s.r 1 1 . .:rPII.,,,, rrr:,.:,,.,~PI::.r.I..•Y::. ~:'li~•,ilii:i;,r Base Recycling Monthly Container Rate (per yd/month) Rate Rental # of Pick Ups 92.33 $ 16.95 n/a n/a 1 Pick Up Maximum Weight: 8 tons. Overweight charge: $100 per ton. r l III! .1111 lr... .I ..I::.r.:•,. I,,,,:,,, t; rl:`~ ;li ! I 1 I I I I l 1t,t ,t!.; ,flit{;1111i)lh`IS• t{i-eG~aL Co mer I' tca tlli",I ! i:,: I+Iit 1, +Ellllt::l,Ii'iII1111+I; 'tr 1`'!Sa#u da: ServI ,rl II , i 1 I I Ilrr, Saturday Recycling Monthly Container Base Rate Rate Rate Rental of Cans/9 Pick Up 190.84 25.44 n/a n/a 1 Yard Container - Saturday_ 381.77 50.92 n/a n/a 2 Yard Container - Saturday gag a Oman O O o 0 0 o O O O O 0 0 0 0 0 0 0 0 0 0 C)N 0 0 00 O O 00 CC)O N O E Lo CO 00 Lo u-)N 0 E 00 r-a)0 V r CO UCH r-M Uf)U r It CO CO C)a r=a r- 619-60,69 61}69.693 69 69 6l-619- C)0 0 0 0 0 O O O O C?0 0 0 0 0 0 C?0 0 0 0 O r'co O 0)r-M I---V)r- N O 00 I`N co I`Cfl O r- C r-M It O CM It C r-CO CO N C)0 0 r-U U 69 p6r 6P}69-09 6c)-69-69-69- C)0 0 0 0 0 O O O O co O 0 0 0 0 Cl Cl Cl Cl O Cl M O N LO CO It N co cooOM00UnOOOC.0 co C.0 co N E r-N It O N It E r-M LO r- a a 69-Eft 60.60.60-09-69 69.69-69- v O o 0 0 0 0 0 0 0 0I 0 0 0 0 0 O O O O o 0)00 CO r~o 00 m 194-00 N N ti CO I`0o M m Un N Ufa 0NOdrNd'00 N d'O O r-M U,)r- ti Q O Q O r- 69.69-69-69-60-69-y 6g 69-6,}6)- 0 0 0 0 0 0 0 0 0 0 E 0 0 0 0 0 C) O E 0 0 0 0 O L ti CO r-Cy)1.4-O O co 4 I`r- o f-a u-)M tt r,Lo m x L O a 00 O Lo r- M LO O M Un O r-M CO M X O m 6~3 69-Ef}64 69-69-N m 69-619-69.61-} m c)O°o 0 o C) 0 O 0 O 0 O 0 O00LCDQ)CA 6 CY)r-0 d 06 1`0 0 m N O"O 00 r-C.0 II UC)CO O T- N r 3 M d'CA M CO CO N L r-0 ti N 09-t}69.a 69-ca v to 69-69-64 L 0 0 0 0 0 0 O O O O 0 0 0 0 0 0 O O O O 0 q EtMd0tO r O Un r N a)r-M Un O M U)CD r-CO CO CO a)a r=CD a r= a 69-69)-6g 619-6f}v 69-69.64 6g 0 0 0 0 0 0 i O O O O00 o a>c0 N co Un r-N as Un O 4 P-o E M O 00 f`N I`0 E CO CO O ONdMmmd-4 r-M CO N a a r= m m 69-69.693 69-60-6e}6g 69.601.60- CD C)C)C)C)CD CD C)C)C) 0 0 0 0 0 O O O O O00 o a) co CN C5 6 4 Lo,U,)O Un 00oMNMv--co E CO 0o co CONCV-co UC)O M d-r M CO N a r-a r- 6r-}61}69-6g 64 64 64 64 61> Ef} t cu C)j5 C3 d`T-d.0Nt N Lo O. 4-- a) L)J o O u cot Ya .S r rEY „ vp N r O LL LL C t:co M. Y p O LL LLON c LO m Lo co Q ,L Uu 0QLLCp , Nd co 0 C p N CO iya~ a c o d CO ~O N 00 CO J m LL P LL LL O o CD 0 LO LO O r- cn a) mLU C 0 cn O pt d C) U-)N E J c a J ~ 2 Z Q~ CD c c~ a~ CD L co U Q O c~ O a~ O L~ O m L O 0 c~ O L N r O C O ca a~ cm L U O L cz 0 N N LL O7 U A U O if O co cn O Miscellaneous Terms and Conditions for Residential Rates Base Rate Base Rate includes trash and compost can service. NIVRSprovides one (1) compost can and one (1) recycling can per customer. Extra compost and recycling cans available at $6.00 per can per month. Apartment/Multi-Unit Residential Rates Apartment/multi-unit residential complexes are defined as multi-unit residential housing with four or more units. Apartment/multi-unit residential complexes that use the available yard/food waste composting service will be charged a rate reflecting the actual amount ofgarbage collection requested, measured in 32-gallon equivalents and applied on a per-trip basis at the applicable 32-gallon, once-per-week rate as shown on the current, approved rate sheet. Apartments/multi-unit residential complexes that do not use the available yard/food waste composting service will be charged a minimum of one 32-gallon can per unit/per trip at the applicable once-per- week rate as shown on the current, approved rate sheet. If the following equivalency formulas need to be used, and they result in a higher number of 32-gallon cans than the minimum of one per unit, :then the applicable once-per-week rate shall be applied to such higher number of32-gallon cans. If the result is a lower number of 32-gallon cans, then the minimum one-can-per-unit charge shall be applied only to those accounts not using the yard/food waste composting service. Equivalencyformula: In cases where 45-gallon cans or 1-yard and 2-yard containers are used instead of, or in addition to, 32-gallon cans, the following equivalency formulas will be applied to determine the total amount of 32-gallon cans deemed collected at that location (without regard to whether the containers are filled): Each 45-gallon can will be considered to hold one-and-one-half 32-gallon cans. Each 1-yard container will be considered to hold seven 32-gallon cans, and each 2-yard container will be considered to hold fourteen 32-gallon cans*. Multiple trips in a week to a single location will be charged a multiple ofthe applicable once-per-week rate. In all cases, a 10% discount offthe base rate will be applied if all units are paid for by the property owners. If 1 -yard or 2 -yard containers supplied by MVRS are used, standard commercial container rental rates will be charged in addition to the applicable apartment rate. Miscellaneous and Extra Charges 32-gallon extra trash can/bag: $ 8.00. 32-gallon extra yard waste can/bag: $6.00 45-gallon extra trash can/bag: $10.00. Customers should call in advance for free quotes on other loose trash and bulky items. Delinquent Accounts If an account is put on "stop service" due to a past due balance, a $20.00 processing fee will be charged in addition to the past due amount to reactivate service. Vacation Holds on Service Accounts may be put on Vacation Hold for a minimum ofthree months only. No administration fee upon reactivation of service. Multiple Cans/Pickups Multiple cans/pickups of quantities listed on the Residential Rate sheet are charged a multiple of the single can, one-time-per-week pick up rate. 2011 Version Miscellaneous Terms and Conditions for Commercial Rates Base Rate Base Rate includes trash and compost can service. MVRSprovides compost and recycle cans upon request. Multiple Cans/Pickups Multiple cans/pickups of quantities listed on the Commercial Rate sheet are charged a multiple of the single can, one-time-per-week pick up rate. Container Rental Fee Rental fee covers all repairs due to normal wear and tear and steam cleaning of the container once per year. Additional steam cleanings during the year are $100 per container per cleaning. Saturday Service There is no special charge for Saturday service if the customer already has five (5) times a week service during the regular workweek (Mon-Fri). The special Saturday rate is available to customers with a minimum ofthree (3) times a week service during the regular workweek. Sunday Service Sunday service may be available depending on demand. Rates are subject to negotiation. Delinquent Accounts If an account is put on "stop service" because of failure to pay the bill, a $20.00 processing fee will be charged in addition to the past due amount to reactivate service. 2011 Version Exhibit B Map of Service Areas . Exhibit B Y~ F - ~ ! ~ Ihl Ry I R lh A'~14AM1),.-11. Q.V.• i ~i1 P ~ £ s a.. y~# ~L1F fj fx~ tpa(\ ^ c,ln1 r=C ~Q / iJ-^.I yM1 R Rf 1 .L' •S lµL \ 4 ~MFHrA)M} S 4L 1 V tl11A~ of 1 n 1 r • ~ i L Hrr.NaH(JS~W ~'9Q \ 9f YpN ° I' tr:,r l yt4 r' rr~1 AI f s PaISE "ARAWSiIe: AL +rAl.'r;r; r,Y G` 3 o f F.Uhi r. H 4ICfAN,!6NA•+r•i:. Y 11 t ~ ~ Pyl1 ~ i j J '!J ! 4> ~°''+yr to a • . U nnH J Gl, o-v. rc I AJ:n?R' r,ifJ"hl~ iy i trf ir. r_„ f f ~:r ,,yr V P e ;f 4 / L. it" U PARADISE b ~ . ~Fd \ fn`s. .•--Nrrer.4.i. .Y . R.. ...r r..,. lr. 9 I P , j 1 ri. s l •f^Y: 1 ~ \ f: qyf\ ^6 / ;.`F. f'.ir. i~, ll..n t f 71 th J rnncwS!: `r,`1All f r 01, AI r v i ff.. 1 J . rit w. _ - Exhibit C Form of Required Insurance Documentation Exhibit C MILLV-2 OP ID: NSW CERTIFICATE OF LIABILITY INSURANCE DAT 061151111 PRODUCER 707-796-7180 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Vista International Ins.ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Brokers /Lic. #OF64200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1318 Redwood Way, Suite 250 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Petaluma, CA 94954 Jeff Rosentreter CIC INSURERS AFFORDING COVERAGE NAIC # INSURED Mill Valley Refuse Service,INSURER A: Transportation Insurance Co. Inc. P O Box 3557 INSURER B: Valley Forge Insurance Company San Rafael, CA 94912 INSURER C: National Union Fire Ins. Co. INSURER D: Travelers Cas/Sur Co of Amer INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED ORANYREQUIREMENT MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LM ADD1 INSR1 1 INSURANCE1TYPEOF POLICY NUMBER POLICY EFFECTIVE ATE MM/DD/YYYY POLICY EXPIRATION DATE (MMIDDNYYY1 LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 A X COMMERCIAL GENERAL LIABILITY 4022447447 01/01/11 01/01/12 PREMISES Ea~accureDnce 100,000 CLAIMS MADE I - - I OCCUR MED EXP (Any one person)5,000 PERSONAL 8 ADV INJURY 1,000,000 GENERAL AGGREGATE 2,000,00.0 GENT AGGREGATE LIMIT APPLIES PER:PRODUCTS - COMP/OP AGG 2,000,000 RO-7 POLICY P LOCFJECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 B X ANY AUTO 4015773450 01/01111 01/01/12 Ea accident) ALL OWNEDAUTOS BODILY INJURY SCHEDULED AUTOS Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS Per accident) PROPERTY DAMAGE Peraccident) GARAGE LIABILITY AUTO ONLY - EAACCIDENT S ANY AUTO OTHER THAN EAACC AUTO ONLY: AGG S EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE S 10,000,000 C X OCCUR u CLAIMS MADE 81219715111 01101111 01/01/12 AGGREGATE 10,000,000 S DEDUCTIBLE S RETENTION $ WORKERS COMPENSATION WC ST LIMITS OT AND EMPLOYERS LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT S OFFICERIMEMBER EXCLUDED? Mandatory in NH)E_L DISEASE - EA EMPLOYEE, Ifyes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT OTHER D Employee Theft 105591466 03131/11 03/31/12 Per Loss 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Addl Insured-Town of Tiburon, its officers, agents, and employees are named as an additional insured for all liability arising out of the operations by or on behald of the named insured. Insurance provided herein is primary. Loss Payee applies for Employee Dishonesty. GERTIFIGATE HOLDER L;AN1Ur-LLA I IUN Town of.Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 SHOULDANY OFTHEABOVE DESCRIBEDPOLICIES BE CANCELLED BEFORETHEEXPIRATION DATE THEREOF, THE ISSUING INSURER WILLX OEMN MAIL 30 DAYS WRITTEN NOTICETO THECERTIFICATE HOLDERNAMED TO THE LEFTj8[ftLKD0(KXMX0ftjM AUTHORIZED REPRESENTATIVE G ^Je4j^ ACORD 25 (2009/01) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTHOLDER COPY P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: OB-15-2011 GROUP: 000930 POLICY NUMBER: 0000035-2010 CERTIFICATE ID: 40 CERTIFICATE EXPIRES: 10-01-2011 10-01-2010/10-01-2011 TOWN OF TIBURON NC t 1505 TIBURON BLVD TIBURON CA 94920-2530 This is to certify that we have issued a valid Workers' Compensation insurance policy. in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - DAVE BIGGIO P - EXCLUDED. ENDORSEMENT #1600 - RAYMOND DAMI COB - EXCLUDED. ENDORSEMENT #1600 - DAVID DELLA-ZOPPA VP - EXCLUDED. ENDORSEMENT #1600 - JAMES IAVARONE S,T - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-2004 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2011-06-15 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: TOWN OF TIBURON All rights of subrogation are hereby waived against Town, its officers and employees when acting within the scope of their appointment or employment. EMPLOYER MILL VALLEY REFUSE SERVICE, INC NC PO BOX 3657 SAN RAFAEL CA 94912 B1A,NC) NC PRINTED : 06-15-2011 REV.B-2010) rA K~i ~1, 'The Ill Barn/Dic ' i5 vup DICO Iiq R 17780 FITC111IRVIND, CA 92714 Bond 310: 868012P relnium: $210.00 FRANCHISE BOND SNOW ALL MEN•IY THESE PRESENTS, that we MALL VALLEf~REFUSE SERVICE INC. is principal, and DEVELOPERS SURETY ANA INDEMNITY COMPANY ' Corporation organized under the laws of the State of California, and duly authorised to re business under tuts laws of the State of California, as surety, ae held gird irinly bound unto the TOWN..OF JIBURON..... zt~ste of CaIi£ornia, as Obligee, in the just and full curb or TEN THOUS AND NO/100-- )Jpoll.nrs (8,10,000.00 for :he payment whereof welland truly to be maov, aandnd assicipaljand Surety severalZtysel.vas, their heirs, executor's, adniini8tr s firmly by these presents. THE CONDITION of the foregoing obligation is such, that whereas, the above bounden With Principal has entered into $Franchise tionContract diaposal ofrafuseTfromg6ho- aregi descti.bed Obligee for the collection, t rana pport:s end ending iii said }rsnctiise Contract for tas will more fully appear16ronOpai i,ranchyse Contract on DECEMBER 31, 2002 reference to which is hereby made, his or its. hears, executors, administrators, HOW, TF;L+I`OR);, if the above bounden Principal, and Well and truly lceCp Ruecessors or asslang shah. in all thJ.ngs stand todiabide a e said nd ehiac~ Cortl'rnct on his and perform the convenancs, conditions and agreements all part, to be kept and' perfortned at the time and in the manner h3reinindemnify cande , save harmless respects according to their true intent and meaning, and shall a her shall the said Obligee, its officers and agents, as thereinstipulated, then this obligation bac:ome null and void; otherwise it.stiall be and remain in fall force and virtue. This bond i.a executed s6bject to6be llowing express condition, the fulfillment or which being precedent to any right o recovery hereunder, No,. 1 This bond shall be consideredas one of suretyship only and the right of action :ls given to no one other than ge herein. No. 2 IrreRpective of the terms of the agreement mentioned above, iL 1s agreed by all parties to this bond (the Principal, the Surety, and the Obligee) 'that this bond will be effective 2002 TO DECEMBER 31, 2002 and is renewable by continuation JUNE 16, carti-ficatea for additional periods of one year, such ~ontlnuatiatt cardaysfcna~iaeoinewriking iRu~ied at the option of the Surety, surety agrees to give thirty(30) to the Obligee of either cancellation or its intent not to renew, as provided for in t1le vond. No, 3 Notice of any elai.m hereunder Boon as possible and inr.any event'switltinefifteenB(1~~"rrtt, IRVINE. 92714 dayt3 afterer anything shall. Have come to the notice of the Obligee or any of its officers iad•icatino the possi,blity to claim hereunder, No. 4 Any action to recover loss hereunder shall be commenced by the Obligee in s court of competent jurisdiction within one year after giving notice of possible claim as provided in Condition No. 3 and tlta Principal, shall ba made a party to such action if lie can with reasonable diligence be served with process therein. day of IN WITNESS WBEREOP, we have hereunto set: our hands and seals this -_25TH _ JUNE , 2002, MILL VALLEY REFUSE SERVICE, INC. DEVELOPERS SURETY AND INDEMNITY COMPANY Principal Surety By : : ~~,l-- B = s • thrne l--In-FzictCORINNESULLIVAN, > BOND RIDER DEVELOPERS SURETY AND INDEMNITY COMPANY 17780 FITCH SUITE 200, IRVINE CA 92614 DATE OF NOTICE BOND NUMBER TYPE OF BOND LICENSE # 611712011 868012P ONST CLAS B-AL OTHR Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions agreements, or warranties of the above mentioned bond, other`than stated below. OBLIGEE: Gentlemen: Town Of Tiburon 1155 Tiburon Blvd Tiburon CA 94920 This Rider is to be attached to and form a part of the above captioned bond effective 1213112010 This Rider is on behalf of Mill Valley Refuse Inc understood and agreed, effective from above date, that Increase bond amount from $101000.00 to $100,000.00 Provided, however, that the liability of the company under the attached bond as changed by this order shall not be cumulative. Signed this 17 day of June, 2011 y f PRODUCER: Stephen G._REddie, Attorney-In-Fact Addison York Ins Brks dba dba Vista Intl Ins Brks 1318 Redwood Way Ste 250 Petaluma CA 94954 Exhibit D Solid Waste Collection Equipment Exhibit D EXHIBIT D Day:Service: Garbage Recycle Green Can Monday 3/single man R2/single man*10/single man* 22/single man R8/single man*Rl/single man 29/single man*11 /single man* Tuesday 3/single man*R2/single man*I 0/single man* 18/single man*N Wednesday 3/single man*R7/single man R12/single man 18/single man* 29/single man* Thursday 3/single man*R8/single man R1 /single man I /single man R2/single man*I 0/single man* 29/single man*R7/single man*R12/single man* I 8/single man 22/single man Friday 3/single man*R8/single man RI /single man I /single man R7/single man R12/single man 29/single man* I 8/single man 22/single man Saturday 3/single man* Additional Service: Street Sweeping Truck/single man Mon-Fri (each service area covered one time per month) NOTES: Notations under type of Service are the truck number/number of men working on truck. Truck numbers 3 and 10 are 25-yard trucks. Truck numbers 18, R8 and R7 are 20-yard trucks. Truck numbers 22, R15 R12 and R2 are 18-yard trucks. Truck numbers 28, 11 and 29 are small shuttle packers designed to operate on very narrow streets or long driveways. Designates that this man or men work only part time in Tiburon on that day before moving on to other service areas. Exhibit E Street Sweeping Services Exhibit E M1 Ex1.~6'~t E Xy ! e.'{ ^ t` vTz~ 44 ~ app` _3 Tiburon They Dnwntown area is swept every Monday and Friday` tst Tuesday 1st Wednesday M Apollo R! I lr~ f~lf tit r1; .f!~_tti? . t cs4f{Hi^ Lei _E E?flt';11 i. t vr3)' A~,et iii!o Mu aft, ii Uiv1p,4II M(c rceary Avt! r,3`%t`(f ~1,1 tF..,.1CfiCtq U. A rtt'..(il<i't(1 L~b,:)ciC!S ~.:3'~'1fJlF_a~y (,r•r,{r. J~If~I+"K'hit' ~i; 'Y_.i3~,j-Sf~lt;1~4~ v~!•"f M1 I lir J~vI11!.Irl`.~ 3st Thursday "St Friday Dr Audrey t,f. N Barjolienid,,t+111r~Iflr,~f t . Berke (I. Clof :th~a1, DO Mar I-):, F rL~lll`. yt;::„~;Si..:3 : 2 (:~l<3ralt ':'kf.1'v t,s1111<-irrttl fir Ifif;xI f 2116 Tues(!'a'~ rJ?ir ~fli~ri;?fit : fl a1 1< Mpadowt,ill Rd. of jfit i it"'Iror# i i7) E t 1r>i,,rtt Tai ;trr7rl f? , U-d< ; kr;ia.v E?: c khilf Cyr , P'Allr-K.1 -till- Rd , c3C>±c3 AIi3 ipr;n(e L_n toniov Hill 1-1"(! 1_11q,100af D! HA '-CC Illy 1. :t. 111',AI-JI_iti+~'.e:4!f11 lll)U,-( )tl SIFCl'1';k%"':TAIt1':l fe '1 EXHIBIT 2 1512 Eureka Road, Suite 220, Roseville, CA 95661 | p 916.782.7821 | f 916.782.7824 | www.r3cgi.com Background Every jurisdiction in California retains direct responsibility to arrange for the collection, recycling, and disposal of solid waste in California. Since 1965, the Town of Tiburon (Town) has held an exclusive franchise agreement (Agreement) with Mill Valley Refuse Services (MVRS) for such services, including collection of solid waste, recyclable materials and organic materials for single family residential, multifamily residential, commercial and industrial premises. The current Agreement term was initiated on July 1, 2011 for a 10-year term and was previously extended by 5 years through June 30, 2026. The final 5-year automatic extension (through June 30, 2031) will be effective unless the Town provides written notice of non-extension by June 30, 2021. Purpose The Town engaged R3 Consulting Group, Inc. (R3) in reviewing MVRS’s extension request. In evaluating MVRS’s request, R3 has considered the following: Current services provided: Are the current programs, services, and performance standards sufficient and in alignment with industry standards and best practices? Satisfaction with MVRS’s current provision of services: Is MVRS in compliance with the current contract? Is MVRS’s performance acceptable to the City? How does MVRS’s diversion performance compare to regulatory requirements and surrounding jurisdictions? The current market environment for solid waste collection and hauling operations, locally and Statewide: What are the results of recent competitive procurements and negotiated extensions? Are there other qualified haulers operating nearby that might participate in a competitive procurement process? The current regulatory environment and upcoming regulations: What will soon be required of MVRS under the upcoming regulations? What will be required of the Town? What responsibilities can the Town request that MVRS take on? Customer rates: Are the rates paid by the City’s residents and businesses higher or lower than the rates paid by nearby comparable jurisdictions’ ratepayers? How would MVRS’s rate increase request affect the customer rates as they compare to other jurisdictions? Does MVRS appear to be making a fair and reasonable return? This evaluation was intended to provide information to support the Town Council in answering the question of whether the Town should: Accept the 5-year extension and potentially amend the Agreement to assist in meeting certain regulatory requirements and additional solid waste industry best practices, described herein; OR Decline the 5-year extension opportunity and prepare to begin a Request for Proposals (RFP) process by July 2024; OR Decline the 5-year extension opportunity and prepare to negotiate an amendment to the Agreement that may facilitate regulatory compliance, accommodate solid waste industry best practices, and potentially extend the Agreement. To: Greg Chanis, Town Manager, Town of Tiburon From: R3 Consulting Group, Inc., – Nikhil Tagore-Erwin, Rose Radford, and Garth Schultz Date: May 13, 2021 Subject: Analysis of Extension with Mill Valley Refuse Service Town of Tiburon | Analysis of Extension with Mill Valley Refuse Service – May 13, 2021 Page 2 of 10 R3 has also provided an outline of the actions to be taken should the Town decide not to approve the extension. This includes a tentative timeline for a potential competitive RFP process, as well as the recommended timeline for the evaluation, negotiation and transition process for a potential new hauler, if that is the direction the Town seeks to take. Summary of Findings In summary, our findings are as follows: Overall, the current MVRS Agreement meets industry standards, though some modifications and improvements could be considered. Based upon an assessment provided by Town staff, MVRS’s performance of the requirements in the Agreement is satisfactory. Diversion performance is adequate. The solid waste hauling market’s appetite for bidding on new contracts, given prevailing uncertainty, is low, and resulting competitive bids tend to be high. Regulatory requirements are increasing, and MVRS has effectively assisted the Town in complying with prior regulations. The Agreement also requires MVRS to meet regulatory requirements. The Town’s rates are in keeping with the average of surrounding jurisdictions’ rates. The annual rate adjustment methodology, while allowing for more frequent cost-based rate adjustments than the industry standard, does provide for CPI based cost-controls while providing a reasonable return to the hauler. Adjustments to this methodology could be considered as part of an amendment to the Agreement. The Town receives more additional services included in their rates than the surrounding jurisdictions. Tentative Next Steps R3 has prepared a brief timeline covering the actions that will need to be taken depending upon the Town’s decision on extension. If the Town chooses to take no action, the current Agreement will be extended by 5 years ending June 30, 2031. In that case, R3 recommends that the Town should consider an amendment to the Agreement to facilitate regulatory compliance depending upon the results of its regulatory compliance planning effort. If the Town does not elect to extend the Agreement an additional five years, the following steps will need to be taken: Adopt a resolution declining the 5-year extension and provide written notice in accordance with Section 27.D of the Agreement. If negotiating an amendment: o Begin negotiations with MVRS at least six months before new programs need to be implemented (if programs will be put into place for regulatory compliance as discussed in the Regulatory Analysis section of this report, ideally begin negotiations in July 2021). If releasing an RFP: o Initiate the RFP development process roughly two years prior to the end of the Agreement, by July 2024. o Draft and release an RFP and a new franchise agreement compliant with State law and meeting the Town’s needs by December 2024. o Upon receiving proposals, conduct the proposal evaluation process. This includes internal review of the proposals, as well as interviews with the top contenders by March 2025. o Once a contractor is selected, proceed with final franchise agreement negotiations, to be complete by July 2025. Town of Tiburon | Analysis of Extension with Mill Valley Refuse Service – May 13, 2021 Page 3 of 10 o Take the finalized franchise agreement to Council and seek approval to implement the new agreement, which should occur at least one year prior to the new agreement’s commencement to facilitate a smooth transition process by July 2025. Performance Analysis Based upon interviews with Town staff and a review of the Town’s diversion data, it appears that MVRS’s performance of its responsibilities under the Agreement has been adequate. While the Town has received some complaints from residents, MVRS has attempted to resolve all issues promptly and professionally. The Town’s diversion performance is adequate, at around 55% diversion by weight based upon data collected by Zero Waste Marin, which compares favorably with diversion rates by weight in similar communities. The Town’s diversion as measured by the State agency is combined with the rest of Marin County, which means that it is not a suitable benchmark for Tiburon; however, the entire Marin County service area is easily meeting the State agency’s minimum requirements. Franchise Agreement Analysis The following items are key items and collection programs included in the Agreement. The full Agreement assessment can be found in Attachment 1 to this report. R3 found that the Agreement’s services, programs, terms and conditions are comparable to the industry standards. The collection rates programs are on par with the regional averages and the industry standards. The Town has a better package with respect to additional services provided by MVRS than the in the rest of the region. The following is a summary of the services, programs, terms and conditions of the Agreement: 1. Term Length: July 1, 2011 through June 30, 2021, with two 5-year extensions which are activated by default unless the Town chooses to provide written notice of non-extension. 2. Collection Frequency: Residential customers are provided with weekly garbage, recyclable material and green waste collection. Commercial customers are provided with garbage, recyclable material and green waste collection, and can subscribe to the collection size and frequency as needed. The monthly rate includes the base rate for the container size and frequency as well as a monthly rental charge for the collection container. 3. Bulky Waste: Residential customers have four times per year free of charge bulky item collection. Up to 3 cubic yards of bulky will be collected upon request. 4. Holiday Trees: Collection during the week following New Year’s Day. 5. Storm Drain Collection: Storm drain collection capture sites designated by the Town will be emptied by MVRS. 6. Street Sweeping: Street sweeping is provided twice a week to areas designated and agreed upon by the Town and MVRS. 7. Portable Toilets: MVRS will provide portable toilets at events as requested by the Town up to a designated cost. 8. Railroad Marsh Maintenance: Vegetation removal will occur once every two years from an area designated by the Town known as the “Railroad Marsh”. 9. Illegal Dumping Clean-Up: MVRS must collect illegally dumped items as requested by the Town up to a designated cost. 10. Household Hazardous Waste: Collected upon request, including motor oil, paint, batteries, lights and cell phones. 11. Billing: MVRS is responsible for conducting the billing and collection of charges for residential and commercial customers. 12. Franchise Fee: 15.5% on the gross collected billings on services provided paid to the Town for the right to conduct exclusive collection services. Town of Tiburon | Analysis of Extension with Mill Valley Refuse Service – May 13, 2021 Page 4 of 10 13. Regulatory Compliance: The Agreement requires that MVRS comply with any State regulations during the term of the Agreement. Should the State regulations result in change in the cost to carry out collection operations, MVRS has the right to request a reset to the base rate. 14. Rates: MVRS is allowed to request a base rate adjustment should the cost of the operations exceed the revenue collected at the approved rates. The base rate adjustment methodology is located in Section 16 of the Agreement. Should the Town approve of the base rate application, the new rates will come into effect, and the next two rate years may be increased by the Consumer Price Index only (or another base rate adjustment). The rate adjustment methodology may be revised via amendment to the Agreement. 15. Customer Service: MVRS must maintain regular office hours available to the public, for eight hours between 6 a.m. and 6 p.m. As per Section 23 of the Agreement, this office will be located in San Rafael. The customer service operation must keep record of all customer complaints, and must attempt, within commercially reasonable efforts, to resolve all customer service problems. 16. Collection Vehicles: The collection vehicles utilized by MVRS must be compliant with the State’s regulatory standards. The collection vehicles must be clean, maintained in good repair and uniformly painted. MVRS’ contact information must be clearly visible on the collection vehicles, and the vehicles must be washed to a sanitary level. 17. Recordkeeping: MVRS must maintain records accurately reflecting business done under this Agreement. These records include customers lists, billing records, maps, AB 939 records, and written customer complaints for the full term of this Agreement, and no less than three years after the Agreement has ended. However, the Agreement could be improved in a few ways, including: Liquidated Damages – The lack of liquidated dames in the Agreement means that, short of termination, the Town has no enforcement mechanism for the terms in the Agreement. Reporting Requirements – There are currently no reporting requirements to the Town on a regular basis. The current Agreement requires MVRS to keep records of monthly data but does not require a report be made to the Town. Sustainability Coordinator – In response to new organics diversion requirements, and to assist with AB 939, the Town may consider hiring directly, or having MVRS hire a sustainability coordinator to manage the data tracking and outreach to rate payers. Regulatory Compliance – The Town may consider adding some provisions to the Agreement that directly require actions to be taken by MVRS to assist the Town in regulatory compliance. Rate Adjustments – R3 generally recommends the option of a base year rate review (as is written into the current Agreement) at a maximum frequency of every five years at either the City or Contractor’s option, and Consumer Price Index rate increases in all other years if the base year rate review option is not exercised. There are extensive new State regulatory requirements on solid waste operations which are effective January 1, 2022 via Senate Bill (SB) 1383 (which are discussed in the Regulatory Analysis section of this report, below). The Town must adopt new ordinance codes as laid out by SB 1383 to bring the Town into compliance with the new State regulations. The five-year extension would result in a contract term that ends June 30, 2031. If the Town Council chooses not to exercise the 5-year extension opportunity, MVRS will continue to provide service for the next five years, through June 30, 2026. Prior to that date, and for services effective July 1, 2026, the Town could negotiate an amendment to the Agreement (extending the term) or undertake a Request for Proposals (RFP) process to procure a new solid waste services agreement, summary details of which are provided in the Next Steps section of this report. Town of Tiburon | Analysis of Extension with Mill Valley Refuse Service – May 13, 2021 Page 5 of 10 Market Analysis Cost-Saving Competition Not Guaranteed Given the anticipated impact of upcoming requirements such as Senate Bill (SB) 1383 (starting January 1, 2022), uncertainty in recycling markets due to recent changes in international trade policy for recyclables (the China National Sword), and limited capacity for processing organic materials, many jurisdictions in California with solid waste collection contracts up for renewal in the greater Bay Area have chosen to negotiate for extension rather than releasing competitive RFPs. This is likely because, of those agreements that are put out to competitive bid, many have resulted in high rate increases related to increased costs and uncertainty in the recycling and organics processing markets, and significant increases in costs related to current and upcoming regulations (AB 1826 and SB 1383). R3 has prepared a detailed chart (Attachment 2) that shows recent rate increases for a sampling of jurisdictions throughout the State. This comparative analysis includes jurisdictions that have completed rate reviews based upon actual costs of providing service (a common rate adjustment mechanism for contracts with term lengths as well as contracts that automatically renew). In summary, many of the highest rate increases (those at and above 30%) occurred as a result of a competitive procurement process, with one negotiated extension, two cost-based rate adjustments, and five competitive procurements with rate increases that exceeded 30% in the past three years. Attachment 2 also shows that rate increases in the past three years have often exceeded 15%. Limited Pool of Likely Proposers If the Town chooses to release an RFP, haulers that already are providing service nearby are much more likely to respond than those outside of the current regional marketplace. This is because it would be less expensive for a company to deliver material for disposal, recycling, or organics processing to an extant facility with which the hauler already has a relationship. For example, MVRS currently collects garbage, recycling, and organics from residents and businesses in Tiburon and delivers that material to the nearby transfer station, Marin Resource Recovery Center (MRRC). MRRC, owned by the same entities that own Marin Sanitary Service (MSS), transfers the garbage to Redwood Landfill, owned and operated by Waste Management; the organic materials to either EarthCare Composting Facility (co-located at the Redwood Landfill site) or (in the case of food waste) to anaerobic digestion; and the recycling is processed on-site at the affiliated Material Recovery Facility (MRF). Given the sparse post-collection facilities available in Marin County, and Tiburon’s geographic isolation as a Bay-coastal town, very few other post-collection facilities are available to the Town without incurring significant transportation costs. The only potential facilities within reasonable hauling distance outside Marin County are the Republic facilities in Richmond, which are utilized by Bay Cities Refuse Service, and those in Sonoma County. Figures 1 and 2, display the nearby landfills and organic processing facilities potentially available to the Town. Figure 1: Nearby Landfills Figure 2: Nearby Organics Processing Facilities Town of Tiburon | Analysis of Extension with Mill Valley Refuse Service – May 13, 2021 Page 6 of 10 As a result of the above, R3 finds that there are likely to only be a few serious proposers should an RFP process be undertaken by the Town. Other than MVRS, the most likely other possible proposers are: Marin Sanitary Service, which serves the Cities of San Rafael and Larkspur, the Towns of Ross, Fairfax and San Anselmo, County of Marin, and Las Gallinas Valley Sanitary District. Recology Sonoma Marin, which serves Novato Sanitary District and some parts of unincorporated Marin County, including two sanitary districts. Bay Cities Refuse Service, Inc., serving Sausalito, Marin City, and some parts of unincorporated Marin County. Waste Management, which currently is only active in the Marin area via post-collection operations at Redwood Landfill and WM EarthCare, and with no collection operations active in the County. Republic Services, which provides solid waste collection and post-collection services in Contra Costa County and has post-collection operations in Sonoma County. No Guaranteed Cost-Savings with Likely Proposal Based on the results of the rate survey (next section), R3 found that Tiburon’s rates do not differ much from the average rates in surrounding areas. There is no guarantee that, should the Town go through the RFP process, a better deal will be reached. In fact, R3 has found that many communities choose to extend their current agreements because of the uncertainty surrounding the current regulatory environment (though this is not always the case). MVRS has the advantage of a long history of providing service in Tiburon. As the incumbent, MVRS has more information than any other solid waste hauler, and therefore would be able to provide a bid that does not include contingency or “risk” mitigation funds. Regulatory Analysis The State has continued to set ambitious recycling goals via new legislation which primarily places responsibility for implementing new recycling programs on local jurisdictions. The primary State laws that apply to the Town include: AB 939, which set a Statewide diversion goal of 50% from 1990 levels by 2000, which must be maintained by jurisdictions on an ongoing basis. The law requires a comprehensive diversion planning effort and annual reporting on recycling programs, as well as establishing the enforcement framework still in place today. AB 341, which set a goal of 75% diversion Statewide by the year 2020 and requires businesses that generate more than 4 cubic yards of commercial solid waste per week and multifamily residential dwellings of 5 units or more to arrange for recycling services, on and after July 1, 2012. The law also requires local jurisdictions to promote recycling by taking certain actions, including informing covered businesses of the requirement. AB 1826, which set a goal of reducing organic waste by 50% by 2020, and required local jurisdictions to arrange an organics collection program that includes food scraps on and after July 1, 2016. At this time, AB 1826 requires businesses and multifamily residential dwellings of 5 units that generate more than 2 cubic yards of commercial solid waste per week or more to arrange for organics diversion services. The law also requires local jurisdictions to promote organics diversion by taking certain actions, including informing covered businesses of the requirement. SB 1383, which was motivated by the Statewide limit on greenhouse gas emissions to 1990 levels and sets a Statewide goal to reduce organic waste by 50% from the 2014 level by 2020 and 75% from the 2014 level by 2025. SB 1383 also establishes a target of recovering 20% of currently disposed edible food for human consumption by 2025. SB 1383’s requirements will be in effect on January 1, 2022, and include extensive requirements for businesses, State agencies, and local jurisdictions. Town of Tiburon | Analysis of Extension with Mill Valley Refuse Service – May 13, 2021 Page 7 of 10 These regulations set forth a variety of programmatic and policy related requirements for multiple entities including jurisdictions, residential and commercial generators, commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievement of State-wide organic waste disposal reduction targets. SB 1383 requirements go beyond AB 1826 and AB 341, in that there is a significant amount of specific program implementation, monitoring and enforcement requirements on jurisdictions, as well as a new required program component: an edible food recovery program. SB 1383 also significantly increases the reporting requirements on jurisdictions (State reporting is currently the responsibility of the regional Joint Powers Authority, Zero Waste Marin). The State agency’s enforcement of the minimum programmatic requirements has been stringent in recent years leading up to SB 1383 implementation, which begins January 1, 2022. MVRS has already demonstrated value to the Town by assisting in AB 939 and AB 1826 compliance. It is not feasible for MVRS to directly contribute to the implementation of all SB 1383 requirements, although the Town may request assistance with the collections-related components of the law. The Town is directly responsible for meeting requirements such as updating its municipal code, enforcing the law, ensuring the internal procurement of recycled content paper, and facilitating the edible food recovery program. Irrespective of whether the Town decides to accept or refuse the extension, the Town can still choose to negotiate an amendment to the Agreement. In fact, an amendment to the Agreement may be necessary in all cases in order to meet regulatory requirements and/or accommodate improvements to the Agreement such as those identified in this report. Rate Analysis R3 conducted a rate survey of jurisdictions within the County of Marin to compare the Town’s residential and commercial rates and services to those in surrounding communities. The following are the results of our analysis. Rate and Services Survey Summary: The average of all Tiburon residential rates is 0.8% higher than the regional average residential rates. The average of all Tiburon residential rates is 0.2% lower than the MVRS average residential rates. The average of all Tiburon commercial rates is 0.4% lower than the regional average commercial rates. The average of all Tiburon commercial rates is 3.3% higher than the MVRS average commercial rates. The Town has more additional services included with their rates than any of the MVRS services jurisdictions. Put into plain terms, the Town receives more services than comparable MVRS agencies, and with rates that hover right around the average regionally, and amongst MVRS’s other customers. Report continued on next page. Town of Tiburon | Analysis of Extension with Mill Valley Refuse Service – May 13, 2021 Page 8 of 10 Residential Rate Comparison The following table includes the residential rates, with the average excluding the Town’s rates and a comparison as a percentage and dollar difference from the regional average. Table 1 - 2020/21 Residential Rate Comparison Jurisdiction Hauler 20-gal 32-gal 64-gal 96-gal Almonte MVRS $33.09 $37.83 $79.41 $121.01 Alto MVRS $41.15 $47.34 $81.36 $115.91 Belvedere MVRS $50.29 $62.15 $105.45 $148.75 Corte Madera MVRS $37.70 $44.35 $81.08 $117.80 County 2 (Paradise Cay-Bay Vista- Rancho-No Knoll-Eagle Rock) MVRS $48.56 $55.47 $104.77 $153.29 County 3 (Paradise-Mar East-Ranch Rd-Sky Rd) MVRS $60.01 $66.95 $104.77 $153.29 County 4 (Mill Valley County) MVRS $63.57 $69.57 $108.57 $149.33 Homestead MVRS $40.71 $44.27 $82.69 $118.45 Mill Valley MVRS $48.79 $53.80 $89.84 $125.80 Strawberry MVRS $34.97 $40.12 $64.87 $81.87 Fair Fax MSS $37.38 $44.80 $89.63 $134.43 Larkspur MSS $43.27 $50.88 $101.76 $152.64 Ross MSS $36.63 $43.11 $86.22 $129.33 San Anselmo MSS $38.14 $49.84 $99.77 $149.65 San Rafael MSS $38.89 $45.75 $91.50 $137.25 Tiburon MVRS $44.73 $50.46 $91.88 $132.62 Regional Average w/o Tiburon $43.54 $50.42 $91.45 $132.59 MVRS Average w/o Tiburon $45.88 $52.19 $90.28 $128.55 Regional Dollar Difference $1.19 $0.04 $0.43 $0.03 Regional Percent Difference 2.7% 0.1% 0.5% 0.0% MVRS Dollar Difference -$1.15 -$1.72 $1.60 $4.07 MVRS Percent Difference -2.5% -3.3% 1.8% 3.2% As noted in the table above, the Town’s residential rates line up evenly with the regional averages across all residential subscription sizes. Town of Tiburon | Analysis of Extension with Mill Valley Refuse Service – May 13, 2021 Page 9 of 10 Commercial Rate Comparison Table 2, below, includes the commercial rates, with the average excluding the Town’s rates and a comparison as a percentage and dollar difference from the regional average. Table 2 - Commercial Rate Comparison Jurisdiction Hauler Garbage Food Waste (32-gal cart) 1 CY 1/Week 1 CY 3/Week 2 CY 1/Week 2 CY 3/Week Almonte MVRS $177.17 $472.61 $354.34 $945.22 $19.02 Alto MVRS $233.78 $640.06 $467.56 $1,280.12 $16.25 Belvedere MVRS $277.35 $763.95 $554.70 $1,527.90 $20.01 Corte Madera MVRS $198.63 $536.08 $397.27 $1,104.77 $18.13 County 2 (Paradise Cay-Bay Vista-Rancho-No Knoll-Eagle Rock) MVRS $264.70 $715.18 $529.40 $1,430.34 $16.72 County 3 (Paradise-Mar East- Ranch Rd-Sky Rd) MVRS $264.70 $715.18 $529.40 $1,430.34 $16.72 County 4 (Mill Valley County) MVRS $264.70 $715.18 $529.40 $1,430.34 $23.17 Homestead MVRS $203.95 $557.93 $407.90 $1,115.87 $13.12 Mill Valley MVRS $238.31 $641.25 $476.62 $1,282.50 $15.58 Strawberry MVRS $228.95 $623.58 $457.89 $1,247.28 $17.43 Fairfax MSS $263.46 $624.03 $440.48 $1,120.38 $20.63 Larkspur MSS $323.07 $968.87 $496.54 $1,293.73 $21.05 Ross MSS $215.94 $374.03 $431.74 $748.07 $18.46 San Anselmo MSS $283.98 $851.90 $567.95 $1,703.80 $27.27 San Rafael MSS $295.30 $902.91 $434.18 $1,513.36 $18.84 Tiburon MVRS $240.15 $655.19 $478.26 $1,304.25 $19.02 Regional Average w/o Tiburon $248.93 $673.52 $471.69 $1,278.27 $18.83 MVRS Average w/o Tiburon $235.22 $638.10 $470.45 $1,279.47 $17.62 Regional Dollar Difference -$8.78 -$18.33 $6.57 $25.98 $0.19 Regional Percent Difference -3.5% -2.7% 1.4% 2.0% 1.0% MVRS Dollar Difference $4.93 $17.09 $7.81 $24.78 $1.41 MVRS Percent Difference 2.1% 2.7% 1.7% 1.9% 8.0% Like the residential rates, the commercial rates for the Town are close to the regional average. The 1 cubic yard garbage bin is just below the average. Town of Tiburon | Analysis of Extension with Mill Valley Refuse Service – May 13, 2021 Page 10 of 10 Additional Services and Program Comparison Table 3 shows a comparison of the collection program included in the rates for the jurisdictions. Table 3 - Additional Services Comparison Jurisdiction Hauler HHW Bulky Illegal Dumping Street Sweeping Holiday Tree Service City Sponsored Events Storm Drain Collection Tiburon MVRS At request, no charge at request 4/year at Town Request Yes Yes Yes, events designated in Agreement Yes Almonte MVRS At request, no charge at request 2/year Alto MVRS At request, no charge at request 2/year Belvedere MVRS At request, no charge at request 2/year at Town Request Yes, events designated in Agreement Corte Madera MVRS at request 4/year at Town Request County 2 (Paradise Cay-Bay Vista-Rancho- No Knoll-Eagle Rock) MVRS at request 2/year Yes County 3 (Paradise- Mar East-Ranch Rd- Sky Rd) MVRS at request 2/year Yes County 4 (Mill Valley County) MVRS at request 2/year Yes Homestead MVRS at request 4/year Mill Valley MVRS Curbside at request 2/year Yes Yes up to 4 times per year, at City's request Please note that while the Town’s residential and commercial rates are close to the average of the regional rates, the Town has the most additional services and programs included with those rates. The rate adjustment process (conducted every three years) is designed to provide MVRS a fair and reasonable rate of return for providing collection services in the Town. Town of Tiburon | Analysis of Extension with Mill Valley Refuse Service – May 13, 2021 [ATTACHMENT 1] Page 1 of 6 Attachment 1 Franchise Agreement Assessment with Comparatives Agreement Provision Best-Practice Examples Tiburon Contract Term Agreements of this nature may have a base term of ten (10) years (with an option to extend up to one (1) five-year extension term). 10-year, with two 5-year extension options Agreement. (Section 3) Base Service Level All Customers will receive garbage, recycling, and organic waste collection (Organic waste including green waste and food waste). Residential customers are provided garbage, recycling, and green waste (without food waste) service. (Section 5.B) Commercial customers are provided garbage, recycling service and green waste service (without food waste). Commercial customers can subscribe to the collection size and frequency that meets their needs. (Section 5.B) R3 recommends the addition of food waste for all customers by January 1, 2022. Large Item Collection Each residential customer has on-call large item collection available up to two (2) times per calendar year. Twice per year bulky waste collection of up to 3 cubic yards. (Section 5.B.2) Holiday Tree Collection All residential customers can dispose, free of charge, their holiday tree during their regular day of collection from December 26th to the second Friday in January. Available during the week following New Year’s Day. (Section 5.B.3) City-sponsored Events and City Litter Containers Collection service provided for all City events at no charge and all City litter containers. MVRS will conduct garbage, recycling and green waste collection for Town events as designated by the Town and accepted by MVRS (Section 5.B.5) Clean-Up Day Events Residential customers can drop off garbage at a designated location up to two (2) times per calendar year. Not included. Optional clause. Free Paper Shredding Events Residential customers can participate in a paper shredding event at a designated location up to four (4) times per calendar year Not included. Optional clause. Mulch or Compost Delivery Contractor must supply the City with either up to 2,000 cubic yards of mulch or 1,000 cubic yards of compost. Not included (would assist in meeting procurement requirements of SB 1383). Town of Tiburon | Analysis of Extension with Mill Valley Refuse Service – May 13, 2021 [ATTACHMENT 1] Page 2 of 6 Agreement Provision Best-Practice Examples Tiburon Edible Food Recovery Support Contractor will provide support for the City’s Edible Food Waste Recovery program. Not included. Optional clause. Collection Containers Contractor must provide new collection containers to all Service Recipients upon extension; and container color and labeling shall be subject to approval by City (to meet SB 1383 requirements). Not included. R3 recommends SB 1383-compliant container colors to be required, and/or a work plan and schedule developed for compliance by 2036. Collection Vehicles Contractor must use new Collection Vehicles at the start of this Agreement and may not use any Collection Vehicle that is more than ten (10) years old during the term of the Agreement. Collection Vehicles must utilize low carbon (“alternative”) fuel, which includes renewable diesel, biodiesel, hydrogen, ethanol, methanol, natural gas, renewable natural gas, propane, P-series fuels, and electric. If during the term of the Franchise Agreement, new technologies are available such as hybrid or electric powered collection vehicles, the City or the Contractor may request/negotiate implementation of such new collection vehicles, with a corresponding change to the Maximum Service Rates to reflect additional cost or savings. MVRS must use vehicles that meet the DMV standards. (Section 21). Nothing specific listed. Includes vehicle list in Exhibit D Collection Vehicle Technology Contractor must use Collection Vehicles fitted with GPS tracking devices that can be used to record start and stop times, vehicle locations, and maximum speed. Contractor shall furnish to the City at no additional cost or expense any software and equipment necessary for City to track the location of Collection Vehicles in real time and to generate reports as needed. Collection Vehicles must also be fitted with cameras that are programmed to take photos, date and location stamped, to document violations, including contamination, overfilling, and lids not closed. GPS and camera data must be accessible by City. Not included. Disposal / Processing Facilities City has control of where the material collected in the City goes. This allows the City more discretion over the processing costs. MVRS can direct collected materials to any fully licensed post collection facilities. (Section 4.A) Guarantee of Organic Waste and Recycling Capacity Contractor shall guarantee capacity for all Organic Waste and Recyclables for the term of the Agreement using a facility approved by the City. Not included. R3 recommends that the contractor be required to obtain guaranteed capacity for organics and recycling. Town of Tiburon | Analysis of Extension with Mill Valley Refuse Service – May 13, 2021 [ATTACHMENT 1] Page 3 of 6 Agreement Provision Best-Practice Examples Tiburon Diversion Standards Contractor must meet the following Diversion requirements: 50% of all material by 2023. 55% of all material by 2025. 60% of all material by 2029. MVRS must abide by State regulations listed in AB 939 (Section 18) however there is no specific diversion requirements listed in the Agreement R3 recommends including SB 1383 State requirements. Customer Billing Contractor must meet billing and performance standards to the satisfaction of the City. The Contractor is responsible for the billing and collection of payments for collection services. (Section 17) Contractor Rate Adjustment Contractor’s rates include collection, disposal, organics and recyclables processing, and Contractor directly pays these costs. The Maximum Service Rate adjustment shall be calculated using the percentage change in the CPI between the base year, with a maximum increase of 4% in any year. To be eligible for a CPI adjustment, contractor must meet specified performance standards. MVRS can request a Base Rate adjustment whenever they assess the current rates are under the cost of service. The following two years may be adjusted by a CPI based adjustment. (Section 16.E) Administrative Fee Contractor will pay the City 10-15% Contractor’s Gross Billings or Gross Receipts. 15.5% of gross revenues as the Franchise Fee. (Section 13.A) Reimbursement of Procurement/ Negotiations Contractor to reimburse the City $150,000 for the procurement and negotiation process. $15,000 paid by MVRS to the Town for the drafting and negotiation of this franchise Agreement. (Section 13.B) Performance Reviews City may conduct billing audit, financial audit, and performance reviews of Contractor’s performance. City (or specified firm) may conduct reviews at any time during the term of the Agreement. Contractor shall pay the entire cost of such review. Right to inspection included (Section 15), but no specific language on performance reviews included. Sustainability Representative Contractor will hire staff, including at least one dedicated full-time Sustainability/Compliance Representative, to conduct site visits and provide outreach and education in support of meeting goals/requirements. This position is to maximize the diversion of the recycling and organics collection programs by interacting directly with customers. Not included. R3 recommends including some level of designated sustainability coordinator staffing. Town of Tiburon | Analysis of Extension with Mill Valley Refuse Service – May 13, 2021 [ATTACHMENT 1] Page 4 of 6 Agreement Provision Best-Practice Examples Tiburon Diversion and Sustainability Work Plan Contractor required to develop and implement a Diversion and Sustainability Work Plan to identify areas of concern and opportunities of improvement regarding diversion. Not included. R3 recommends a diversion strategy developed by the hauler in consultation with the Town. Annual Collection Notice Contractor required to create and distribute an Annual Collection Notice to all customers with content created and distributed by the Contractor for no additional cost and approved by the City. Not included. Annual Collection Service Notices are required by SB 1383. Reporting Requirements Contractor required to submit monthly, quarterly, and annual reports to the City. Quarterly Report: Contractor Billing Account Information (Gross Rev, Franchise Fee, SWM Fee). Franchised Tonnage & Service Data. Non-Collection occurrences. Overweight Vehicle Reporting Collection Overages Charges. Service Recipient Complaint Log. Contamination Reporting Storm Drain Waste Removal Account Verification. Annual Report: Financial Report. In CA, Annual Sustainability and Compliance Report (AB 341, AB 1826, and SB 1383 Compliance Data, current level of Recycling and Organics program participation at each non-exempt account). Public Education Summary. Summary of Programs. Garbage Data. Recycling Data. Organic Waste Data. Commercial Outreach Report. Customer Service Log. Green Pages. Overweight Vehicle Data. Bin, Cart, and Vehicle Inventory. Collection Container & Vehicle Inventory Diversion Rate (Later Diversion Calculation +Data) Waste Characterization Audit No Reporting Requirements. R3 recommends the Town establish a base level of reporting requirements. Town of Tiburon | Analysis of Extension with Mill Valley Refuse Service – May 13, 2021 [ATTACHMENT 1] Page 5 of 6 Agreement Provision Best-Practice Examples Tiburon Liquidated Damages The following are liquidated damages with fines ranging from $25 - $5,000: Failure to respond to each complaint within three (3) workdays of receipt. Failure to maintain call center hours as required by this Agreement. Failure to submit to City all reports by the deadlines. Failure to submit to City all payments by the deadlines. Failure to display Contractor’s name and customer service phone number on collection vehicles. Failure to collect a missed collection by close of the next workday upon notice to Contractor that exceeds twenty (20) in any calendar year. Failure to repair or replace damaged containers to deliver or exchange containers within the time required by this Agreement, that exceeds twenty (20) in any Calendar year. Failure to maintain collection hours. Failure to have Contractor personnel in Contractor-provided uniforms. Failure of Contractor to follow recyclable materials and organic waste contamination procedures in this Agreement. Failure for Collection Container to be compliant with specifications Failure of Contractor to meet the customer service requirements. Failure to clean up spillage or litter on public streets located within City caused by Contractor’s collection vehicles within two (2) hours after notice. Disposal of separately collected recyclable materials or separately collected organic waste in the disposal facility without first obtaining the required permission of the City. Failure to deliver garbage collected under this Agreement to the disposal facility, except as otherwise expressly provided in this Agreement. Failure to submit a Diversion Corrective Action Plan. Failure to display Contractor’s name and customer service phone number on Collection Vehicles. Failure to achieve the Franchised Diversion Rate as required Overweight Collection Vehicles. No Liquidated Damages. R3 recommends the Town establish a mechanism for performance standards. Town of Tiburon | Analysis of Extension with Mill Valley Refuse Service – May 13, 2021 [ATTACHMENT 1] Page 6 of 6 Agreement Provision Best-Practice Examples Tiburon Performance Bond $1,000,000 Performance Bond. $100,000 adjusted by CPI annually R3 recommends adding increasing performance bond amount. Insurance Requirement Contractor required to hold and maintain the following insurance coverage throughout the term of this contract: Comprehensive General Liability: $3,000,000 per occurrence. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit will apply separately to this Agreement or the general aggregate limit must be $5,000,000. Automobile Liability: $10,000,000 per accident for bodily injury or property damage. Worker’s Compensation: $3,000,000 per accident for bodily injury or disease; and Contractor’s Env. Pollution Liability: $3,000,000 per claim or occurrence and $5,000,000 aggregate, with five (5) years tail coverage. Contractor provides insurance as specified in Section 9. Commercial General Liability insurance: $5,000,000 Automobile Liability Insurance: $10,000,000 Workers Compensation language included, however no specified dollar amounts Town of Tiburon | Analysis of Extension with Mill Valley Refuse Service – May 13, 2021 [ATTACHMENT 2] Page 1 of 1 Attachment 2 Results of Recent Extensions and Procurements Legend Negotiated Extension Cost-Based Rate Review Competitive Procurement EXHIBIT 3 Town of Tiburon Franchise Agreement Extension Analysis May 19, 2021 / Garth Schultz SLIDE 1 1.Background 2.The Town’s Agreement 3.Regional Solid Waste Market 4.Rate Survey 5.Agreement Improvements 6.Next Steps AGENDA SLIDE 2 Background:⎻Garbage, recycling, and organic collection⎻Disposal and processing⎻All residential and commercial customers Term Length:⎻10-year base term July 2011-2021⎻Two automatic 5-year extensions⎻One extension July 2021-2026 Purpose:⎻Provide an evaluation of MVRS contract extension opportunity Why are we here? SLIDE 3 Additional Services:⎻Regulatory Compliance⎻Comparable Rates⎻Street Sweeping ⎻Bulky Waste⎻Illegal Dumping Collection⎻HHW Collection⎻Holiday Tree pickup⎻Storm Drain Collection⎻Portable Toilets⎻Railroad Marsh Maintenance In all, the highest number of additional services among the surrounding jurisdictions What is in the Town’s Agreement with MVRS? SLIDE 4 Regional Solid Waste Market Cost-Saving Competition Not Guaranteed⎻Market Pressure •China National Sword Policy •SB 1383 SLIDE 5 Regional Solid Waste Market SLIDE 6 Regional Solid Waste Market Limited Pool of Likely Proposers⎻Marin Sanitary Service⎻Recology Sonoma Marin⎻Bay Cities Refuse Services⎻Waste Management⎻Republic Services SLIDE 7 Regional Solid Waste Market SLIDE 8 Summary: •Residential and Commercial Rates close to the the regional average •Residential rates •Within 3.7% of the regional average •Within 3.3% of the MVRS agencies •Commercial rates •Within 3.5% of the regional average •Within 2.7% of the MVRS agencies Rate Survey SLIDE 9 Rate Survey $0 $20 $40 $60 $80 $100 $120 $140 20-gal 32-gal 64-gal 96-gal Residential Rates Regional Average MVRS Average Tiburon SLIDE 10 Rate Survey $0 $200 $400 $600 $800 $1,000 $1,200 $1,400 1 CY 1/Week 1 CY 3/Week 2 CY 1/Week 2 CY 3/Week Food Waste (32-gal cart) Commercial Rates Regional Average MVRS Average Tiburon SLIDE 11 Recommended Additions to the Agreement: ⎻Liquidated Damages ⎻Reporting Requirements ⎻Sustainability Coordinator ⎻Updates to assist in SB 1383 compliance •SB 1383 effective January 1, 2022 •Mandatory organics for all residents and businesses •Mandatory updates to municipal code and programs Agreement Improvements SLIDE 12 Accept:⎻Accept 5-year extension and potentially amend Agreement for regulatory compliance and industry best practices; OR Decline:⎻Decline 5-year extension and prepare for the RFP process starting by July 2024; OR⎻Decline 5-year extension and prepare to potentially negotiate amendment to Agreement for regulatory compliance, industry best practices, and potentially extend Agreement. Next Steps SLIDE 13 Questions & Answers EXHIBIT 4 1 First Amendment to Agreement FIRST AMENDMENT TO SOLID WASTE MANAGEMENT AGREEMENT BETWEEN THE TOWN OF TIBURON AND MILL VALLEY REFUSE SERVICE, INC. This First Amendment to the Solid Waste Management Agreement (“First Amendment”) is made as of May____, 2021 (the “First Amendment Effective Date”) by and among the Town of Tiburon, a municipal corporation, hereinafter referred to as “Town” or “the Town,” and Mill Valley Refuse Service, Inc., a California corporation, hereinafter referred to as “Collector.” RECITALS A. The Town and Collector entered into a Solid Waste Management Agreement dated as of July 1, 2011 (the “Agreement”) for an initial ten (10) year term. B. Pursuant to the Agreement, Section 3.B, TERM, the term of the Agreement was extended for one five (5) year renewal period, from June 30, 2021 until June 30, 2026. C. Pursuant to the current language of the Agreement, Section 3.B, TERM, the term of the Agreement will automatically extend for a second five (5) year renewal period, from June 30, 2026 until June 30, 2031, unless the Town gives Collector notice of its exercise of non- extension rights under Section 3.B no later than June 30, 2021. D. Town and Collector have agreed to extend the deadline pursuant to Agreement Section 3.B for the Town to exercise its non-extension rights for the second five (5) year renewal period from June 30, 2021 to June 30, 2024, which is two years prior to the current June 30, 2026 Agreement expiration date. OPERATIVE PROVISIONS NOW THEREFORE, in consideration of the Recitals set forth above and incorporated herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as set forth below. 1. Agreement Section 3.B is amended to provide that in the event the Town elects not to extend the Agreement of the second five (5) year renewal period only, the Town shall give written notice to Collector in the manner set forth by Section 27.D of its exercise of non-extension rights under Section 3.B no later than June 30, 2024. 2. Except as modified by this First Amendment, the Agreement shall remain in full force and effect. This First Amendment may be executed in counterparts, each of which, when taken together, shall constitute one fully executed original. Facsimile or electronic PDF signatures shall be binding for all purposes of this First Amendment. 2 First Amendment to Agreement IN WITNESS WHEREOF, the Town and Collector have caused this First Amendment to be executed and effective as of the First Amendment Effective Date first written above. TOWN OF TIBURON, MILL VALLEY REFUSE SERVICE, INC., A municipal corporation a California corporation by__________________________________ by___________________________________ Holli P. Thier, Mayor David J. Biggio, President by__________________________________ by___________________________________ Greg Chanis, Town Manager Alex Iavarone, Secretary (Seal) (Seal) APPROVED AS TO FORM: APPROVED AS TO FORM: _____________________________________ _____________________________________ Ben Stock, Town Attorney Attorney for Mill Valley Refuse Service, Inc. EXHIBIT 5 TOWN OF TIBURON PAGE 1 OF 4 STAFF REPORT To: Mayor and Members of the Town Council From: Public Works Department Subject: Consider Approval of the 2nd Amendment to the Current Franchise Agreement Between the Town of Tiburon and Mill Valley Refuse Service, Inc. (MVRS) to Comply with Senate Bill 1383 Regulations Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY SB 1383 regulations require the Town to meet specified requirements regarding organic material recovery, tracking, reporting, and enforcement. These requirements are contained in the SB 1383 ordinance adopted by Council on December 1, 2021. The Town will need the cooperation and assistance of our waste hauler, Mill Valley Refuse Service (MVRS) to implement the requirements of SB 1383. Staff and R3 Consulting have worked with MVRS in developing an amendment to the current franchise agreement, which Council is considering for approval this evening. RECOMMENDED ACTION(S) Staff recommends that the Town Council: 1. Approve and authorize the Town Manager to sign the proposed 2nd amendment to the current Franchise Agreement with Mill Valley Refuse Service in order to comply with Senate Bill 1383 regulations. BACKGROUND Senate Bill No. 1383 (SB 1383) was created to reduce organic waste disposal by 75% and increase edible food recovery by 20% by 2025. This law required all jurisdictions throughout the State to have an adopted mandatory organic recycling ordinance as of January 1, 2022. To achieve the State's goal, the California Department of Resources, Recycling, and Recovery (CalRecycle) was granted the authority to create regulations to achieve those targets. Through their authority, CalRecycle adopted regulations and created a model ordinance for jurisdictions to use in order to satisfy the requirements of the law. On November 17, 2021, the Town Council held a public hearing and conducted a first reading of a customized version of the model ordinance created by CalRecycle. On December 1, 2021, Council adopted Ordinance No. 592 N.S. which officially established enforceable SB 1383- TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting September 7, 2022 Agenda Item: AI-3 Town Council Meeting September 7, 2022 TOWN OF TIBURON PAGE 2 OF 4 related requirements for organic waste generators, haulers, and others. A copy of the Ordinance is attached as Exhibit 1. Ordinance No. 592 N.S. imposes new waste disposal requirements on residents and businesses and designates the Town as the enforcement agency but allows the Town to additionally delegate enforcement responsibility for certain portions of the ordinance to other entities. Key Ordinance Provisions are as follows: • Single-family, multi-family and businesses must have garbage, recyclables and organics collection service and properly sort these materials. • Businesses (excluding multi-family) must provide additional labeled or color-coded containers for organic waste and recyclable materials generated by that business in all areas where the business provides disposal containers (“user disposal containers”) for employees, tenants, customers, and other users of the premises. • Self-haulers of organic materials must source separate organics and take them to a facility that recovers organics, and keep specified records. • Large commercial edible food generators must divert edible food through a written agreement with food recovery organizations and keep specified records. • Food recovery organizations and services must maintain certain records, including written agreements with edible food generators. • The Town’s right to inspect and enforce the requirements and information related to penalties for violations are contained in the Ordinance. • Beginning in 2024, violation of any provision of the ordinance may result in a notice of violation and issuance of fines. In addition to the above provisions, SB 1383 also requires the following: • Ensure that collection containers provided by the haulers are color coded and used for the specified materials. • Develop and implement an edible food recovery program that recovers edible food from designated commercial edible food generators for human consumption. • Review requests for and approve commercial waivers that meet requirements. • Ensure that contamination monitoring is conducted. • Procure recycled content paper and recovered organic waste products (i.e., compost, mulch, biomass, and renewable natural gas) at levels prescribed by the state annually. • Ensure that education and outreach is conducted to all affected parties, including generators, haulers, facilities, and edible food recovery organizations. • Perform capacity planning covering 15 years for organic waste diversion from landfills. • Keep specified records and report implementation efforts. The list of requirements is extensive and it is important to note that failure by a local jurisdiction to enact and undertake all SB 1383 responsibilities may result in fines of up to $10,000 per day. Since the Town remains responsible for its compliance with this unfunded state mandate, and under SB 1383, the Town may designate another entity to fulfill some of its regulatory responsibilities via contracts, MOUs or written agreements, collaboration is the best approach. Town Council Meeting September 7, 2022 TOWN OF TIBURON PAGE 3 OF 4 R3 Consulting Group (R3), a California company with many years of experience in solid waste management and with a long history in assisting jurisdictions in Marin County, was engaged to assess current waste programs and make recommendations to all MVRS franchisees for SB 1383 compliance. The MVRS franchisee group includes: The Towns of Tiburon and Corte Madera, the Cities of Mill Valley and Belvedere, the County of Marin, Almonte, Alto, Homestead Valley Sanitary Districts, and the Strawberry Recreation District. One of the key recommendations made by R3 is to adopt Franchise Agreement amendments with MVRS so that MVRS can undertake the majority of the inspection, education and outreach requirements of the law and also monitor contamination and conduct compliance reviews. The Town’s current Franchise Agreement with MVRS is attached as Exhibit 2. ANALYSIS In order to designate responsibilities to MVRS, R3 communicated the needs of the member agencies and negotiated the proposed Franchise Agreement amendment which each agency is adopting separately. A copy of the proposed amendment is attached as Exhibit 3. For Tiburon, this amendment: • Declares the intention of the Town to implement a 3-container Organic Waste collection service. • Explains container requirements including color and labeling. • Includes route review requirements. • Includes compliance review requirements. • Details education and outreach requirements. • Goes over the responsibilities related to waiver applications submitted by waste generators. • Notes required lists that must be provided in relation to commercial edible food generators. • Details the required reporting that is to be provided to the Town. • Sets requirements related to the Town’s annual procurement target. • Explains responsibilities related to the delivery of waste to permitted facilities. The proposed amendment has been reviewed by the Town Attorney and staff recommends Council approve the amendment in order to proceed with the mandatory compliance of this law. FINANCIAL IMPACT There is no direct fiscal impact as a result of this item. However, implementation and enforcement is expected to be costly and since the mandate is unfunded, Council should keep in mind that there will be costs associated with the enforcement of SB 1383 in the future and staff will monitor these costs. CLIMATE IMPACT Staff has determined this action will have no significant impact on the Town’s contribution to global climate change. Town Council Meeting September 7, 2022 TOWN OF TIBURON PAGE 4 OF 4 ENVIRONMENTAL REVIEW This amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines 14 C.F.R. Section 15061 (b)(3), because it can be seen with certainty that the enhanced solid waste regulations will not have a significant effect on the environment and 14 C.F.R. section 15308 as an action authorized by state law to assure the protection of the environment. RECOMMENDATION Staff recommends that the Town Council: 1. Approve and authorize the Town Manager to sign the proposed 2nd amendment to the current franchise agreement with Mill Valley Refuse Service in order to comply with Senate Bill 1383 regulations. Exhibit(s): 1. Ordinance No. 592 N.S. 2. Current MVRS Franchise Agreement 3. Proposed Franchise Agreement 2nd amendment Prepared By: David Eshoo, Associate Engineer EXHIBIT 6 1 AMENDMENT #2 TO SOLID WATSE MANAGEMENT AGREEMENT BETWEEN THE TOWN OF TIBURON AND MILL VLLEY REFUSE SERVICE, INC. This Amendment #2 to Solid Waste Management Agreement between the Town of Tiburon and Mill Valley Refuse Service, INC. (this “Amendment”) is entered into as of April 1, 2022 between the Town of Tiburon (“Tiburon””) and Mill Valley Refuse Service, Inc. (“Contractor”). WHEREAS, Tiburon and Contractor are parties to a Solid Waste Management Agreement between the Town of Tiburon and Mill Valley Refuse Service, INC. dated July 1, 2011 (such agreement as amended, the “Agreement”); WHEREAS, the parties wish to amend the Agreement to assist Tiburon in complying with the SB 1383 Regulations (as defined in Exhibit A to this Amendment); WHEREAS, Tiburon intends to implement a 3-container Organic Waste collection service as contemplated by Section 18984.1 of the SB 1383 Regulations. NOW, THEREFORE, the parties agree as follows: 1. Effective Date. This Amendment shall take effect April 1, 2022. 2. Definitions. For purposes of this Amendment, the terms set forth in Exhibit A, attached hereto and incorporated herein, shall have the meanings given to them in such exhibit. 3. Three-Container Organic Waste Collection Services. 3.1. Phased Implementation. Tiburon and Contractor acknowledge that Contractor’s Organic Waste Collection routes must be expanded to satisfy the requirements of the SB 1383 Regulations, and that new collection trucks must be procured by Contractor in order to provide such services. Beginning January 1, 2022 all new customers will be provided base level of collection service including Recycling Container, Organics Container and Garbage Container collection service. As soon as practicable, Contractor shall provide Organic Waste collection service to all of its customers within Tiburon who are subscribed to and pay for Solid Waste collection service, unless (i) the customer is categorically exempted under Tiburon’s municipal code from the requirement to subscribe for Organic Waste collection service, or (ii) the customer qualifies for and is granted a State- or Tiburon-issued waiver. Contractor will work with customers to appropriately size collection containers such that source-separation of all materials is possible without any overflow of material, and if any disputes arise or overages occur, the Tiburon will make the final determination on proper container size. 4. Container Requirements. 4.1. General Requirement. Contractor and Tiburon shall work together to supply compliant carts to all customers no later than January 1, 2036 unless this Agreement terminates prior to this date. Costs for Containers may be covered by rates, funding from grants, or another agreed upon methodology by the Contractor and Agency. 4.2. Container Colors. Contractor shall ensure that each Container that it newly purchases after January 1, 2022 and provides to a customer serviced under the Agreement conforms to the following color scheme for containers or lid colors: Black/Grey Garbage 2 Containers or lids for collection of Solid Waste, Blue Recycling Containers or lids for collection of Recyclable Materials, and Green Organics Containers or lids for collection of Organic Waste. In addition, Contractor shall ensure that all Containers it uses to provide such services to customers serviced under the Agreement conform to such color scheme by January 1, 2036. 4.3. Container Labels. Contractor shall ensure that each Container that it newly purchases after January 1, 2022 and provides to a customer serviced under the Agreement shall be labeled or imprinted with language and/or graphics that clearly indicates the primary items accepted and the primary items that are Prohibited Container Contaminants for that Container type. Contractor may comply with this Section 4.3 by using model labeling provided by CalRecycle. 5. Route Reviews. 5.1. General Requirement. At least once annually, beginning in 2022, Contractor shall conduct a Route Review for each Hauler Route. The number of Containers to review per Hauler Route shall be calculated on the basis of the number of garbage accounts provided service by a specific Hauler Route for one week. For example, “Route A” collects garbage from 250 accounts, 4 days per week for a total of 1,000 accounts per week; include a minimum of 25 accounts for Route Review of “Route A”. For each Route Review of a Hauler Route, Contractor shall inspect at least the following minimum number of Containers, but may inspect more if Contractor deems necessary; and shall inspect all Containers placed for collection (including Recycling Containers, Organics Containers, and Garbage Containers). Each inspection shall involve lifting the Container lid and observing the contents, but shall not require Contractor to disturb the contents or open any bags. Contractor may select the Containers to be inspected at random, or (if mutually agreed with Tiburon) by any other method not prohibited under the SB 1383 Regulations. For the avoidance of doubt, Contractor shall not be required to annually inspect every Container on a Hauler Route. Contractor shall include the results of each Route Review in its next regularly scheduled report to Tiburon, as required by Section 10. Route Size (# garbage accounts/ week) Minimum Number of Containers Less than 1,500 25 1,500-3,999 30 4,000-6,999 35 7,000 or more 40 5.2. Notice of Contamination. If Contractor observes Prohibited Container Contaminants in a Container during a Route Review comprising ten percent or more of observable container volume, Contractor shall notify the customer of the violation in writing. The written notice shall include information regarding the requirement to properly separate materials into the appropriate Containers. The notice may be left on the customer’s Container, gate, or door at the time the violation is discovered, and/or be mailed, e-mailed, electronically messaged or delivered personally to the customer within 30 days. Contractor may dispose of the contents of any Container found to contain Prohibited Container Contaminants and may charge a contamination fee not to exceed the fee in 2021 Rate Sheet under Terms & Conditions of the Franchise Agreement. The notice shall be provided in English and Spanish. 3 6. Compliance Reviews. 6.1. General Requirement. At least once annually, beginning in 2022, Contractor shall review the records of its Commercial and Multi-Family customers in Tiburon that are subscribed for at least two (2) cubic yards per week of combined Solid Waste, Organic Waste and Recyclable Materials service, to determine whether such customers are subscribed for Organic Waste collection service or have an applicable waiver. Contractor shall include the results of each compliance review in its next regularly scheduled report to Tiburon, as required by Section 10. 6.2. Site Visit Requirement. Based on Contractor’s review of the list of customers requiring site visit compiled in accordance with Section 6.1 above, Contractor shall conduct an annual site visit to each Commercial and Multi-Family customer in Tiburon that is determined to not be enrolled in 3-container organic waste collection service and not be eligible for a waiver based on Tiburon’s determination, to encourage those businesses to sign up for SB 1383 compliant Organics Waste service and provide educational material about the law’s requirements. 7. Education & Outreach. 7.1. Prior to February 1, 2022, and annually thereafter, Contractor shall provide the following to all its customers under the Agreement: 7.1.1. Information on the customer’s requirements to properly separate materials in appropriate containers. 7.1.2. Information on methods for: the prevention of Organic Waste generation, recycling Organic Waste on-site, sending Organic Waste to community composting, and any other local requirements regarding Organic Waste. 7.1.3. Information regarding the methane reduction benefits of reducing the landfill disposal of Organic Waste, and the methods of Organic Waste recovery contemplated by the Agreement. 7.1.4. Information regarding how to recover Organic Waste. 7.1.5. Information related to the public health and safety and environmental impacts associated with the landfill disposal of Organic Waste. 7.2. The above information will be provided, at a minimum, through print and/or electronic media, and may also be provided through workshops, meetings and/or on-site visits. 7.3. Contractor shall provide an educational webpage which includes downloadable copies of all the materials described in Section 7.1, as well as an educational brochure to be provided by Tiburon for edible food recovery outreach. 7.4. Educational materials provided pursuant to the above shall be translated into Spanish. 7.5. Contractor shall provide educational materials to customers discovered to be out of compliance with the SB 1383 Regulations requirements (e.g., insufficient interior 4 containers, etc.) and report a list of such customers as well as actions taken to Tiburon on a periodic basis as required by Tiburon. 8. Waivers. Contractor shall be responsible for the distribution, collection and evaluation of waiver applications as appropriate and provide Tiburon a recommendation to accept or deny waiver requests. Contractor shall develop waiver application forms and shall provide them to Tiburon for Tiburon’s approval prior to use. Contractor shall evaluate requests for exemption or waiver from the Act’s requirements on the basis of physical space or de minimis generation and provide Tiburon periodic recommendations and supporting documentation to deny or approve waivers, including a site visit and re-evaluation at least every five years as required by the SB 1383 Regulations. 9. Edible Food Recovery. Contractor shall provide Tiburon with a list of Tier One commercial edible food generators located in their jurisdiction by April 1, 2022 and annually thereafter. Contractor shall provide Tiburon with a list of Tier Two commercial edible food generators located within their jurisdiction by January 1, 2024 and annual thereafter. 10. Reporting. Contractor shall provide the following information to Tiburon by August 15, 2022 (covering the period April 1, 2022-June 30, 2022) and annually, by February 15 of the year following the reporting year: 10.1.1. For information provided by Contractor pursuant to Section 7 above: (a) Copies of all such information (including flyers, brochures, newsletters, invoice messaging, website and social media postings, emails, and other electronic messages). (b) The date the information was disseminated or the direct contact made. For website and social media postings, this shall be the date posted. (c) To whom the information was disseminated or the direct contact made. For mass distributions such as mailings or bill inserts, Contractor may provide the type and number of accounts receiving the information, rather than listing each recipient individually. 10.1.2. For Route Reviews and Compliance Reviews: (a) The date the review was conducted. (b) The name and title of each person conducting the review. (c) A list of the account names and addresses covered by the review. (d) For Route Reviews, a description of each Hauler Route reviewed, including Contractor’s route number and a description of the Hauler Route area. (e) For Route Reviews, the results of such review (i.e. the addresses where any Prohibited Container Contaminants were found), and any photographs taken. 5 (f) For Compliance Reviews, the results of such review (i.e. Contractor’s findings as to whether the customers reviewed are subscribed for Organic Waste collection service, have an applicable waiver, or neither), and any relevant evidence supporting such findings (e.g. account records). (g) Copies of any educational materials issued pursuant to such reviews. 10.1.3. Documentation relating to observed Prohibited Container Contaminants, whether observed during Route Reviews or otherwise: (a) Copies of the form of each notice issued to customers for Prohibited Container Contaminants, as well as, for each such form, a list of the customers to which such notice was issued, the date of issuance, the customer’s name and service address, and the reason for issuance (if the form is used for multiple reasons). This information will also be provided monthly to any other government entity approved by Tiburon, including but not limited to Zero Waste Marin requests. (b) The number of times notices were issued to customers for Prohibited Container Contaminants. (c) The number of Containers where the contents were disposed due to observation of Prohibited Container Contaminants. 10.1.4. A description of Contractor’s process for determining the level of Container contamination under the Agreement. 10.1.5. Reports to Tiburon on customers discovered to be out of compliance with the SB 1383 Regulations, including a list of the customers, the type of violation, actions taken to educate those customers, and contact information for those customers. Such reports shall be provided periodically as required by Tiburon. 11. Compost Delivery. Contractor shall provide Tiburon with up to ten percent (10%) of Tiburon’s annual procurement target, as determined by CalRecycle, with produced compost to comply with SB 1383 procurement requirements to be delivered in qualities, quantities, locations and times agreed on between Tiburon and Contractor. Costs for procurement of up to ten percent (10%) of [Agency’s] annual procurement target may be included as a pass-through expense in the Base Rate Adjustment. Such Contractor assistance can be in the form of backhauling materials, or setting aside locations for customers to pick up produced compost at an approved facility. 12. Section 18988.1 and 18988.2 Compliance. Contractor is responsible for delivery of all Solid Waste to properly permitted disposal facilities, transfer stations, recyclable materials processing facilities, organics processing facilities, and C&D processing facilities as listed in Exhibit B. The list may be amended from time to time by Contractor, subject to Tiburon approval of the amended list. Failure to comply with this provision will result in the levy of an Administrative Charge or Penalty as specified in the Town Code and may result in Contractor being in default under this Agreement. Tiburon hereby approves delivery of Organic Waste to such facility(ies). Contractor shall comply with its obligations under this Amendment and the obligations that by operation of law are imposed upon it directly pursuant to Chapter 12 of the SB 1383 Regulations. 6 13. Future Changes. The parties acknowledge that future changes to this Amendment or the Agreement may be desirable to assist the parties with their respective compliance obligations under the SB 1383 Regulations or subsequent amendments thereto or interpretations thereof. The parties agree to negotiate any such proposed changes in good faith. The foregoing shall not be deemed to limit either party’s rights or remedies under the Agreement. 14. Miscellaneous. In the event of any conflict between this Amendment and the Agreement, this Amendment shall govern. Section headings in this Amendment are for convenience only and shall not be used in the interpretation of this Amendment. This Amendment may be executed in counterparts and/or by electronic signature (e.g., DocuSign). As used in this Amendment, “including” and its variants mean “including without limitation.” [Remainder of this page intentionally left blank] 7 IN WITNESS WHEREOF, this Amendment is entered into as of the date first written above. Town of Tiburon By: Name: Title: Date:____________________________ APPROVED AS TO FORM: ________________________________ Tiburon Counsel ATTEST: ________________________________ Tiburon Clerk Mill Valley Refuse Service, Inc. By: Name: Title: Date:____________________________ 8 Exhibit A DEFINITIONS “Act” means the California Integrated Waste Management Act of 1989 (sometimes referred to as CIWMA or “AB 939”), Public Resources Code § 40000 and following as it may be amended, including but not limited to, the Jobs and Recycling Act of 2011 (AB 341), SB 1016 (Chapter 343, Statutes of 2008 [Wiggins, SB 1016]), the Mandatory Commercial Organics Recycling Act of 2014 (AB 1826), and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383), and as implemented by the regulations of CalRecycle. “Recycling Container” means a Container for the collection of recyclable materials as defined in the Agreement. The Recycling Container shall be colored as as defined in the SB 1383 Regulations. “Container” means any Cart, Bin or Debris Box. “Garbage Container” means a Container for the collection of Garbage, which does not include Organic Waste or recyclable materials as defined in the Agreement. The Garbage Container shall be colored as defined in the SB 1383 Regulations. “Organics Container” means a Container for the collection of Organic Waste and colored as defined in the SB 1383 Regulations. Hardware such as hinges and wheels may be any color. “Food Waste Container” means a Container for the collection of Commercial Food Waste only and colored as defined in the SB 1383 Regulations. “Hauler Route” means the designated weekly itinerary or sequence of stops scheduled to be performed by one collection vehicle providing regularly scheduled Solid Waste, Recyclable Material or Organic Waste collection services (not on-call or Bulky Item/Abandoned Waste) within the Contractor’s collection service area under the Agreement. “Organic Waste” means wastes comprising material originated from living organisms and their metabolic waste products, including food, green material, landscape and pruning waste, clean unpainted/untreated wood (with no nails, wire, etc.), paper products, and printing and writing paper, but excluding textiles and carpets, manure, biosolids, digestate, sludges, non-compostable paper, Construction & Demolition Debris, and Hazardous Waste. No material shall be considered Organic Waste unless it has been segregated by the customer for separate collection. “Prohibited Container Contaminants” means any of the following: (a) Non-Organic Waste placed in the Organics Container, including but not limited to textiles and carpets, manure, biosolids, digestate, sludges, non-compostable paper, Construction & Demolition Debris, and Hazardous Waste; (b) Organic Waste placed in the Garbage Container that is specifically identified under the Agreement for collection in the Organics Container or Recycling Container; (c) Organic Waste placed in the Recycling Container that is specifically identified under the Agreement for collection in the Organics Container. Paper products and printing and 9 writing paper may be considered acceptable and not considered Prohibited Container Contaminants if they are placed in the Recycling Container. “Route Review” means a visual inspection of Containers along a Hauler Route for the purpose of identifying Prohibited Container Contaminants, which may include mechanical inspection methods such as use of cameras. “SB 1383 Regulations” means the Short-lived Climate Pollutants (SLCP): Organic Waste Reductions regulations adopted by the California Department of Resources Recycling and Recovery (“CalRecycle”) in 2020. For purposes of this Amendment, the following terms (whether or not capitalized) shall have the meanings given to them in the SB 1383 Regulations, unless the context indicates a different meaning was intended: biosolids, digestate, food, non-compostable paper, paper products, printing and writing paper, sludges. 10 Exhibit B FACILITIES Redwood Landfill/WM Earth Care: 8950 Redwood Highway, Novato, CA 94945 Marin Sanitary Service Transfer Station: 1050 Anderson Drive, San Rafael, CA 94912 Marin Recycling Center: 535 Jacoby Street, San Rafael, CA 94901 Marin Resource Recovery Center: 535 Jacoby Street, San Rafael, CA 94901