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HomeMy WebLinkAboutTC Agd Pkt 2024-06-19 TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 Tiburon Town Council June 19, 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 5:00 p.m. the Monday prior to 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. TELECONFERENCE LOCATION: Vice Mayor Holli Thier Ritz Carlton Lobby 1 Ritz Carlton Drive Dana Point, CA 92629 Pursuant to the Ralph M. Brown Act, all votes shall be by roll call due to Vice Mayor Thier teleconferencing from Dana Point, CA. REGULAR MEETING – 6:30 P.M. CALL TO ORDER AND ROLL CALL Councilmember Nikfar, Councilmember Ryan, Councilmember Welner, Vice Mayor Thier, Mayor Fredericks ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3) minutes. CONSENT CALENDAR CC-1. Town Council Minutes – Adopt minutes for the March 6, 2024 Town Council meeting (Office of the Town Clerk) CC-2. Town Council Minutes – Adopt minutes for the March 20, 2024 Town Council meeting (Office of the Town Clerk) CC-3. Town Council Minutes – Adopt minutes for the April 3, 2024 Town Council meeting (Office of the Town Clerk) CC-4. Town Council Minutes – Adopt minutes for the April 17, 2024 Town Council meeting (Office of the Town Clerk) CC-5. Town Council Minutes – Adopt minutes for May 1, 2024 Town Council meeting (Office of the Town Clerk) CC-6. Local Hazard Mitigation Plan – Adopt resolution adopting the 2024 Local Hazard Mitigation Plan (Community Development Department) CC-7. Professional Service Agreements – Authorize the Town Manager to execute agreements with a) Regional Government Services Authority, in an amount not to exceed $165,000; and b) Muchmore Than Consulting, in an amount not to exceed $150,000 (Office of the Town Manager) CC-8. Fiscal Year 2024-25 Municipal Budget & Capital Improvement Program – Adopt resolutions that would: a) approve the Fiscal Year 2024-25 Municipal Budget; b) approve the Fiscal Year 2024-25 Capital Improvement Program; c) approve the Gann appropriations limit for Fiscal Year 2024-25; d) amend management and unrepresented employee recognition and incentive compensation programs for Fiscal Year 2024-25 (Office of the Town Manager) CC-9. Memorandum of Understanding – Adopt a resolution authorizing the Town Manager to execute the Memorandum of Understanding between the Town of Tiburon and the Tiburon Police Association (Department of Administrative Services) CC-10. Tiburon Jewish Festival – Consider approval of $8,000 expenditure to fund the Tiburon Jewish Festival (Office of the Town Manager) ACTION ITEMS AI-1. Beacon Program – Consider adoption of a resolution that would authorize the Town to participate in the Institute for Local Government’s Beacon Program and consider appointment of a council member to serve as a point of contact for the program (Community Development Department) AI-2. Building Permit Extension – Consider granting a building permit extension for Building Permit No. BR16-371, located at 2215 Vistazo East Street (Community Development Department) PUBLIC HEARINGS PH-1. Mill Valley Refuse Service Rate Increase Application – Consider adoption of a resolution that would approve a rate increase requested by Mill Valley Refuse Services for residential and commercial refuse hauling services (Office of the Town Manager) TOWN COUNCIL REPORTS TOWN MANAGER REPORT CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (One Potential Case) 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. From:Bob Mittelstaedt To:Lea Dilena Subject:Failure to enforce laws against dangerous, illegal "e-bikes" at Del Mar Middle School and streets of Tiburon Date:Monday, June 17, 2024 9:30:25 AM You don't often get email from ramittelstaedt1010@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. Our six-months campaign to get the illegal motorcycles mislabeled as class 2 e-bikes off ourstreets and out of our schools including Del Mar Middle School has been marked by two steps forward and one step backward. Tiburon recently took a step backward, and it's time for theTown Council to show some leadership. All the public officials in Marin who had taken a public position agree that Super73s and other throttle devices capable of speeds above 20 mph are not legal ebikes; rather, they aremotorcycles and subject to licensing, registration, insurance restrictions. That's the position taken by Mill Valley, Fairfax, Central Marin Police Authority and Ross, along with MCBCand SafeRoutesToSchool (which don't allow Super73s at their ebike safety classes) and Sports Basement and Best Buy (which have stopped selling Super73s because they are illegal) Schools in those areas are planning to implement a registration program for the Fall and todisallow Super73s and similar brands, based on what we have been told. Those are the two steps forward. But on June 13, Afsaneh Zolfaghari informed me that Tiburon law enforcement's view is that Super73 "is not inherently illegal and can be ridden by students as long as they are following all rules and regulations." As noted, that view is contrary to the views expressed by the other police chiefs, and it is simply wrong. To qualify as a class 2 e-bike, the motor cannot be capable of providing assistance above 20 mph. See Cal. Vehicle Code 312.5 (a)(2). Super73 boasts onits website that, by using the app it provides to riders, they can easily shift into an "unlimited" mode and go in excess of 28 mph (which other websites report is actually 30-35 mph). How can we get Tiburon on the same page as the other jurisdictions? This is a matter of child safety. The accident rate for children aged 10-15 on electric two-wheelers is more than five times higher than the rate for other agegroups. https://www.marinhhs.org/bicycle-safety. It's just a matter of time before the accidentrate catches up with Tiburon. As a volunteer for Safe Routes to Schools, I counted "bikes" at Del Mar. Of the 14 throttle electric "e-wheels," almost all of them exceeded the speed capability limit for throttle e-bikes(class 2) which is 20 mph. The most popular is Super73s which local police agree is illegal. The Engwe EP-2, ONYZ, and ApeRyder Bonobo are also illegal. The top speed for theONYZ is 45 mph, more than twice the limit for throttle e-bikes. Its motor size is 2,500 watts which is almost four times the maximum wattage allowed for throttle e-bikes. All of these are considered motorcycles, and must be DMV registered and insured, and the rider must belicensed. It is a misdemeanor for unlicensed riders to ride them. I have brought this information to the attention of the school board and the Del Mar administration. We have proposed a registration program to screen out Super73s and the other illegal throttle e-wheels. The superintendent's position is "Our plan is to move forward with other bikes in the future, including Super-73 bikes (when the time comes)." I don't understand why the time to protect students from dangerous, illegal e-wheels is not now. I don't understand what they are waiting for. If you agree, please talk to your school board and superintendent and press them toact now, before more parents buy Super73s and more accidents occur. https://www.ebikeaccess.org DRAFTPage 1 of 5 Tiburon Town Council Minutes #03-2024 March 6, 2024 TOWN COUNCIL REGULAR MEETING DRAFT MINUTES Mayor Fredericks called the regular meeting of the Tiburon Town Council to order at 6:30 p.m. on Wednesday, March 6, 2024, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Fredericks, Nikfar, Ryan, Thier, Welner ABSENT: COUNCILMEMBERS: None PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock, Engineering Manager Eshoo, Town Clerk Dilena INTERVIEWS FOR VACANCIES ON TOWN BOARDS & COMMISSIONS •Mike Shepard (Parks, Open Space & Trails Commission) •Sharmeen Ahmed (Parks, Open Space & Trails Commission) •Gautam Malhotra (Parks, Open Space & Trails Commission & Diversity Inclusion Task Force) •Theresa Coleman (Heritage & Arts Commission) ORAL COMMUNICATIONS Bruce King spoke about the Parks & Recreation Master Plan and requested maps near Hacienda Drive be updated. Eric Piefer spoke about pickleball noise at the Tiburon Peninsula Club. CONSENT CALENDAR CC-1. Professional Services Agreements – Authorize the Town Manager to execute amendments to agreements with Regional Government Services Authority, amending the not to exceed amount to $160,000, and with Muchmore Than Consulting, amending thenot to exceed amount of $225,000 and approve a FY2024 budget amendment in theamount of $85,000 from the General Fund Operating Reserves to fund the agreements(Office of the Town Manager) CC-2. Municipal Code Amendments – Adopt amendments to Chapter 23 of the TiburonMunicipal Code (Motor Vehicles and Traffic) that would regulate electric mobility devices (Department of Public Works) CC-3. Disability Retirement for Safety Employees – Adopt a resolution updating the process and procedures, and designate the responsibility and authority for the determination of CC-1 DRAFTPage 2 of 5 Tiburon Town Council Minutes #03-2024 March 6, 2024 disability retirements for safety employees to the Chief of Police (Department of Administrative Services) CC-4. FY2024 Budget Amendment – Approve a budget amendment in the amount of$370,000, increasing appropriations for legal services, with the source of funds being General Fund Operating Reserves (Office of the Town Manager) Councilmember Nikfar removed Consent Calendar Items No. 1 and 2, and Vice Mayor Thier removed Consent Calendar Item No. 3 for discussion. MOTION: To adopt Consent Calendar Item No. 4, as written. Moved: Ryan, seconded by Nikfar VOTE: AYES: Fredericks, Nikfar, Ryan, Thier, Welner CC-1. Professional Services Agreements – Authorize the Town Manager to executeamendments to agreements with Regional Government Services Authority, amending thenot to exceed amount to $160,000, and with Muchmore Than Consulting, amending the not to exceed amount of $225,000 and approve a FY2024 budget amendment in the amount of $85,000 from the General Fund Operating Reserves to fund the agreements(Office of the Town Manager) MOTION: To adopt Consent Calendar Item No. 1, as written. Moved: Nikfar, seconded by Ryan VOTE: AYES: Fredericks, Nikfar, Ryan, Thier, Welner CC-2. Municipal Code Amendments – Adopt amendments to Chapter 23 of the TiburonMunicipal Code (Motor Vehicles and Traffic) that would regulate electric mobility devices (Department of Public Works) MOTION:To adopt Consent Calendar Item No. 2, as written.Moved: Nikfar, seconded by Thier VOTE: AYES: Fredericks, Nikfar, Ryan, Thier, Welner CC-3. Disability Retirement for Safety Employees – Adopt a resolution updating the process and procedures, and designate the responsibility and authority for the determination ofdisability retirements for safety employees to the Chief of Police (Department ofAdministrative Services) MOTION: To adopt Consent Calendar Item No. 3, as amended. Moved: Thier, seconded by Ryan VOTE: AYES: Fredericks, Nikfar, Ryan, Thier, Welner ACTION ITEMS AI-1. Appointments to Town Boards & Commissions – Consider appointments or reappointments to Town boards and commissions following term expirations (Office of the Town Clerk) DRAFTPage 3 of 5 Tiburon Town Council Minutes #03-2024 March 6, 2024 MOTION: To extend the Diversity Inclusion Task Force application period. Moved: Thier, seconded by Welner VOTE: AYES: Fredericks, Nikfar, Ryan, Thier, Welner MOTION: To reappoint: Victoria Gazulis to the Belvedere-Tiburon Joint Recreation Committee, Mark Swanson to the Building Code Appeals Board, Bryan Chong and Suzanne Kim to the Design Review Board, Timothy Burr and Angela McInerney to the Parks, Open Space, and Trails Commission, and Jeff Tsai to the Planning Commission. Moved: Thier, seconded by Fredericks VOTE: AYES: Fredericks, Nikfar, Ryan, Thier, Welner AI-2. Diversity Inclusion Task Force – Consider appointment of Chair and Vice Chair of the Diversity Inclusion Task Force (Office of the Town Clerk) MOTION: To appoint Holli Thier as Chair of the Diversity Inclusion Task Force. Moved: Ryan, seconded by Nikfar VOTE: AYES: Fredericks, Nikfar, Ryan, Thier, Welner The Council agreed to ask the Diversity Inclusion Task Force at their next meeting if any of the at-large members would like to be Vice Chair. AI-3. Asian Pacific Heritage Event Funding – Consider approval of request for $8,000 expenditure from the FY2024 Operating Budget for the Asian Pacific Heritage event and a budget amendment in the amount of $6,806 (Office of the Town Manager) MOTION: To approve an $8,000 expenditure from the FY2024 Operating Budget to cover costs for the 2024 Asian American and Pacific Islander Hertiage Month Celebration and a budget amendment increasing appropriations by $6,806 from the General Fund Operating Reserves. Moved: Thier, seconded by Nikfar VOTE: AYES: Fredericks, Nikfar, Ryan, Thier, Welner AI-4. Downtown Informational Kiosk – Consider approval of the installation of a new informational kiosk in the right-of-way at the corner of Tiburon Boulevard & Main Street and consider approval of a $17,529 financial contribution toward the project from American Rescue Plan funds (Office of the Town Manager) Public comment was received by: • Parker Pringle expressed support for the kiosk but expressed concern about the Bungalow Kitchen valet parking impairing visibility. MOTION: To approve the installation of a new informational kiosk, as proposed by the Tiburon Peninsula Chamber of Commerce, and to approve a $17,529 donation to DRAFTPage 4 of 5 Tiburon Town Council Minutes #03-2024 March 6, 2024 the project, with the source of funds from the Town’s American Rescue Plan allocation. Moved: Thier, seconded by Ryan VOTE: AYES: Fredericks, Nikfar, Ryan, Thier, Welner PUBLIC HEARINGS PH-1. Municipal Code Amendments – Hold a public hearing and consider amendments to Chapter 16 (Zoning) and Chapter 19 (Sidewalk Dining) of the Tiburon Municipal Code that would regulate standards for use of public sidewalks for outdoor dining by adjacent food and beverage services – Introduction and first reading of ordinance (Community Development Department) Public comment was received by: • Parker Pringle wondered if the adjacent stores would allow use of their frontage for tables and said other cities have found the public benefit in allowing sidewalk dining. • John Hoffman wondered who would be responsible for paying for a safety barrier and believed a low barrier would not change the character of Main Street. • Kelly from Squalo Vino spoke in favor of outdoor dining and said their business was always cognizant of the safety of its customers but are still open to barriers. The Council agreed to extend the existing expired agreements for six weeks and to create an ad hoc subcommittee, made up of Vice Mayor Thier and Councilmember Nikfar, to study the issue and reach out to the businesses and gather their feedback on safety issues. TOWN COUNCIL REPORTS Mayor Fredericks requested a future agenda item for the Council to take a position on the California Business Roundtable initiative. Councilmember Nikfar reported he met with the Bel Aire neighborhood on the Parks & Recreation Master Plan. TOWN MANAGER REPORT None. CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Paragraph (1) of Subdivision (d) of Section 54956.9) Name of case: (Committee to Preserve the Paradise Cove Salt Marsh, Tidelands and Neighborhood Safety v. Town of Tiburon, Marin County Superior Court Case No. CIV0000086) 2. CONFERENCE WITH LABOR NEGOTIATORS DRAFTPage 5 of 5 Tiburon Town Council Minutes #03-2024 March 6, 2024 Town designated representatives: (Town Attorney Benjamin 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 None. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Fredericks adjourned the meeting at 11:06 p.m. ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: LEA DILENA, TOWN CLERK DRAFTPage 1 of 4 Tiburon Town Council Minutes #04-2024 March 20, 2024 TOWN COUNCIL REGULAR MEETING DRAFT MINUTES Mayor Fredericks called the regular meeting of the Tiburon Town Council to order at 6:30 p.m. on Wednesday, March 20, 2024, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Fredericks, Nikfar, Ryan, Thier, Welner ABSENT: COUNCILMEMBERS: None PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock, Engineering Manager Eshoo, Town Clerk Dilena 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 None. CONSENT CALENDAR CC-1. Resolution – Adopt resolution opposing ballot initiative 21-0042A1 (Office of the Town Clerk) MOTION: To adopt Consent Calendar Item No. 1, as written. Moved: Thier, seconded by Ryan VOTE: AYES: Fredericks, Nikfar, Ryan, Thier, Welner ACTION ITEMS AI-1. Appointments to Town Boards & Commissions – Consider appointments to the Heritage & Arts Commission (Office of the Town Clerk) MOTION: To reappoint Trish Ferrin, Arjun Gupta, and Nora Noguez to new terms on the Heritage & Arts Commission. Moved: Thier, seconded by Ryan VOTE: AYES: Fredericks, Nikfar, Ryan, Thier, Welner CC-2 DRAFTPage 2 of 4 Tiburon Town Council Minutes #04-2024 March 20, 2024 AI-2. Diversity Inclusion Task Force Vice Chair – Consider appointing a Vice Chair to the Diversity Inclusion Task Force (Office of the Town Clerk) MOTION: To appoint Tina Shah Paikeday as Vice Chair of the Diversity Inclusion Task Force. Moved: Fredericks, seconded by Thier VOTE: AYES: Fredericks, Nikfar, Ryan, Thier, Welner AI-3. Transportation & Infrastructure Study – Consider appointing one councilmember to sit on the consultant selection committee (Department of Public Works) The Council agreed Councilmember Welner would sit on the committee. 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) Public comment was received by: • Beth Mix requested the plan consider recreational opportunities for babies and children, such as a closer playground or recreational center. • Bryce Phillips and Carter asked for community pickleball courts and places for teens to hang out. • Eric Piefer was opposed to the pickleball noise from the Tiburon Peninsula Club and requested the Council be sensitive to the noise pickleball courts would create. • Nicole Vass requested a community pool, playgrounds for all ages and a skatepark. • Krista King spoke in favor of adding pickleball courts. • Janu Gordon spoke in favor of adding outdoor spaces for kids and more water access. • Carrie Kusack spoke in favor of community pickleball courts. • Andy Hunt requested the Council consider the impacts on Stewart Drive when deciding what amenity to add to the sanitation pond site. • Tina recommended the plan incorporate safe biking principles to help with traffic and parking concerns. • Dale requested the Council also consider the impacts on Pine Terrace when determining what amenities to place at South of Knoll. • Mike Shepard liked the parks as they are as some people do like the open space and peaceful aspects of the lineal park and asked that South of Knoll be reserved for passive recreation and any pickleball courts be indoor courts. • Mark Nogueno asked how all the proposed amenities will be funded and maintained. • Carolyn Dilena recommended 6-8 covered pickleball courts. • Laurie Harmony spoke in favor of community pickleball courts. • Cecilia Nunez spoke in favor of community pickleball courts and the positive economic impact of bringing additional visitors to the community. DRAFTPage 3 of 4 Tiburon Town Council Minutes #04-2024 March 20, 2024 • Kris said community pickleball courts may impact traffic and agreed that South of Knoll should be reserved for quiet and peaceful enjoyment. • Bruce King expressed concern about the map lines at the Hacienda Trail. • Adam Kahn said play structures need to be updated. • Donald Nevins requested any pickleball courts be studied for sound impacts on the community. No action taken. 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) Public comment was received by: • Gene Della Zoppa, Mill Valley Refuse Service, appreciated the consideration in regard to the extension and will be available for requests for information that would be helpful in the decision making. • Beth Mix said price comparisons are important. The Council directed staff to update the R3 report prior to the next discussion. TOWN COUNCIL REPORTS None. TOWN MANAGER REPORT None. 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 Benjamin 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 The Town Attorney reported that the Town Council authorized (5-0) to proceed with a lawsuit. DRAFTPage 4 of 4 Tiburon Town Council Minutes #04-2024 March 20, 2024 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Fredericks adjourned the meeting at 10:33 p.m. ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: LEA DILENA, TOWN CLERK DRAFTPage 1 of 3 Tiburon Town Council Minutes #05-2024 April 3, 2024 TOWN COUNCIL REGULAR MEETING DRAFT MINUTES Mayor Fredericks called the regular meeting of the Tiburon Town Council to order at 6:30 p.m. on Wednesday, April 3, 2024, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Fredericks, Nikfar (by teleconference – at 6:36 p.m.), Ryan, Thier (by teleconference – at 6:36 p.m.), Welner ABSENT: COUNCILMEMBERS: None PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock, Engineering Manager Eshoo, Town Clerk Dilena ORAL COMMUNICATIONS None. CONSENT CALENDAR CC-1. Cypress Hollow Landscape and Lighting District (LLD) – Adopt resolution ordering the annual Engineer’s Report for the Cypress Hollow Lighting and Landscape District (Department of Public Works) CC-2. Nowruz Event – Approve request for $2,117 in additional funding for the 2024 Nowruzevent and approve a Fiscal Year 2024 Budget Amendment in the same amount (Office of the Town Manager) MOTION: To approve Consent Calendar Items No. 1-2, as written. Moved: Ryan, seconded by Welner VOTE: AYES: Fredericks, Ryan, Welner ABSENT: Nikfar, Thier ACTION ITEMS AI-1. 2000 Paradise Drive – Review encroachment permit by Caprice Restaurant for the use of a portion of the public parking lot at the intersection of Paradise Drive and Mar West Street as a drop off and pick up valet service location (Department of Public Works) Public comment was received by: CC-3 DRAFTPage 2 of 3 Tiburon Town Council Minutes #05-2024 April 3, 2024 • Jerry Dal Bozzo proposed the valet in the public lot be unrelated to the Caprice Restaurant and allow the valet to park all cars utilizing the public lot. • Patrick said they had previously been parking cars on Mar West and felt the valet attempting to enhance the parking experience downtown. • Parker Pringle spoke in favor of valet parking for the Caprice Restaurant but requested more information be gathered to find the best solution. The Council directed staff to develop a proposal with the owner and bring it back to the Council. AI-2. Martha Property Additional Pledge Request – Consider request for an additional pledge up to $1,000,000 to be used for the acquisition of the Martha Property (Office of the Town Manager) Public comment was received by: • George Landau spoke in support of the contribution. MOTION: To pledge up to $1,000,000 as a source of funds for the acquisition of the Martha Property, contingent on it being necessary and as a last source of funding, and to direct staff to transfer the pledge amount from the General Fund Operating Reserves to the Martha Property Reserve Fund. Moved: Welner, seconded by Thier VOTE: AYES: Fredericks, Nikfar, Thier, Welner NAYS: Ryan TOWN COUNCIL REPORTS None. TOWN MANAGER REPORT Town Manager Chanis reported he would be out of the office. CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Paragraph (1) of Subdivision (d) of Section 54956.9) Name of case: (Committee to Preserve the Paradise Cove Salt Marsh, Tidelands and Neighborhood Safety v. Town of Tiburon, Marin County Superior Court Case No. CIV0000086) ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY None. ADJOURNMENT DRAFTPage 3 of 3 Tiburon Town Council Minutes #05-2024 April 3, 2024 There being no further business before the Town Council of the Town of Tiburon, Mayor Fredericks adjourned the meeting at 9:25 p.m. ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: LEA DILENA, TOWN CLERK DRAFTPage 1 of 2 Tiburon Town Council Minutes #06-2024 April 17, 2024 TOWN COUNCIL REGULAR MEETING DRAFT MINUTES Mayor Fredericks called the regular meeting of the Tiburon Town Council to order at 6:30 p.m. on Wednesday, April 17, 2024, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Fredericks, Nikfar, Ryan, Thier (by teleconference), Welner ABSENT:COUNCILMEMBERS:None PRESENT: EX OFFICIO:Town Manager Chanis, Town Clerk Dilena INTERVIEWS FOR VACANCIES ON TOWN BOARDS & COMMISSIONS •Argavan Nilforoush (Diversity Inclusion Task Force) •Mei-Ling Portugues Brennan (Diversity Inclusion Task Force) •Hawi Awash (Diversity Inclusion Task Force) •Sharmeen Ahmed (Diversity Inclusion Task Force) ORAL COMMUNICATIONS None. CONSENT CALENDAR CC-1. Town Council Minutes – Adopt minutes for January 17, 2024 Town Council regularmeeting (Office of the Town Clerk) CC-2. Town Council Minutes – Adopt minutes for February 7, 2024 Town Council regular meeting (Office of the Town Clerk) CC-3. Resolution – Adopt resolution in honor of Carol Felton and her work at Harvey’s Gardenat Blackie’s Pasture (Office of the Town Clerk/Mayor Fredericks) Mayor Fredericks pulled Consent Calendar Item No. 3 for discussion. MOTION: To adopt Consent Calendar Items No. 1-2, as written. Moved: Thier, seconded by Ryan VOTE: AYES: Fredericks, Nikfar, Ryan, Thier, Welner CC-4 DRAFTPage 2 of 2 Tiburon Town Council Minutes #06-2024 April 17, 2024 CC-3. Resolution – Adopt resolution in honor of Carol Felton and her work at Harvey’s Garden at Blackie’s Pasture (Office of the Town Clerk/Mayor Fredericks) Public comment was received by: • Joan Erwin expressed support for the resolution and for Carol Felton’s service to Tiburon. • Steve Rogers thanked Carol Felton for her service. MOTION: To adopt Consent Calendar Item No. 3, as written. Moved: Nikfar, seconded by Welner VOTE: AYES: Fredericks, Nikfar, Ryan, Thier, Welner TOWN COUNCIL REPORTS None. TOWN MANAGER REPORT None. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Fredericks adjourned the meeting at 7:13 p.m. ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: LEA DILENA, TOWN CLERK DRAFTPage 1 of 2 Tiburon Town Council Minutes #07-2024 May 1, 2024 TOWN COUNCIL REGULAR MEETING DRAFT MINUTES Mayor Fredericks called the regular meeting of the Tiburon Town Council to order at 6:30 p.m. on Wednesday, May 1, 2024, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Fredericks, Nikfar, Ryan, Thier ABSENT: COUNCILMEMBERS: Welner PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock, Engineering Manager Eshoo, Operations Manager Kerslake, Town Clerk Dilena ORAL COMMUNICATIONS None. CONSENT CALENDAR CC-1. Vacancies on Town Boards & Commissions – Announce pending vacancy on theBelvedere-Tiburon Library Agency Board and special vacancies on the Building Code Appeals Board, Disaster Advisory Council and Heritage & Arts Commission (Office of the Town Clerk) CC-2. Cypress Hollow Landscape and Lighting District (LLD) – Consider adoption of aresolution approving the annual Engineer’s Report, and declaring intent to levy and collect assessments within the Landscape and Lighting District in the Cypress Hollow subdivision and setting a time and place for the required Public Hearing (Department of Public Works) CC-3. Professional Services Agreement – Authorize staff to execute an agreement withGiuliani Property Management for property management services (Department of Public Works) MOTION: To adopt Consent Calendar Items No. 1-3, as written. Moved: Nikfar, seconded by Thier VOTE: AYES: Fredericks, Nikfar, Ryan, Thier ABSENT: Welner ACTION ITEMS CC-5 DRAFTPage 2 of 2 Tiburon Town Council Minutes #07-2024 May 1, 2024 AI-1. Appointments to Town Boards & Commissions – Consider making one appointment to the Diversity Inclusion Task Force (Office of the Town Clerk) MOTION: To appoint Hawi Awash to the Diversity Inclusion Task Force. Moved: Thier, seconded by Nikfar VOTE: AYES: Fredericks, Nikfar, Ryan, Thier ABSENT: Welner TOWN COUNCIL REPORTS None. TOWN MANAGER REPORT Town Manager Chanis said the Council would review the draft FY2024-25 Capital Improvement Program at a special meeting on May 28, 2024. CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Subdivision (d) of Section 54956.9: Name of case: (Emily G. Morkemo et al v. Town of Tiburon, Marin County Superior Court Case No. CIV0000520) ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY None. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Fredericks adjourned the meeting at 6:54 p.m. ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: LEA DILENA, TOWN CLERK TOWN OF TIBURON PAGE 1 OF 3 STAFF REPORT To: Mayor and Members of the Town Council From: Community Development Department Subject: Recommendation to Adopt the Marin County Multi-Jurisdictional 2024 Local Hazard Mitigation Plan and the Town of Tiburon Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY Every five years, the Town of Tiburon produces a Multi-Jurisdictional Hazard Mitigation Plan through an ongoing multi-jurisdictional planning effort. Today, Council is considering adoption of the 2024 Marin Multi-Jurisdictional Local Hazard Mitigation Plan. RECOMMENDED ACTION(S) 1. Adopt the attached resolution (Exhibit 1), authorizing the Town of Tiburon chapter to the 2024 Marin Multi-Jurisdictional Local Hazard Mitigation Plan BACKGROUND The Disaster Mitigation Act of 2000 (Public Law 106-360) requires that State’s review their Local Hazard Mitigation Plans as part of their state hazard mitigation process. The 2024 Marin County Multijurisdictional Local Hazard Mitigation Plan (MJLCMP) updates the previous plan, adopted in 2018.The planning area for the MJLHMP encompasses the entire geographic area of Marin County, however, this recommendation is to adopt the 2024 Marin Multi-Jurisdictional Local Hazard Mitigation Plan and the Town of Tiburon chapter. Each jurisdiction is broken down into annexes and each jurisdiction is reflected in a separate chapter (annex) of the MJLHMP. The MJLHMP is approved by the Federal Emergency Management Agency (FEMA) and the California Governor’s Office of Emergency Services (Cal OES). Over the last 18 months, the staff from the Town of Tiburon have been participating in the development of the 2024 Marin County Multi-Jurisdictional Hazard Mitigation Plan (MLHMP). The plan describes updated strategies for sustaining and building on current mitigation activities to ensure the future safety of lives, preservation of property, and protection of the environment during times of disaster. Mitigation planning also improves the ability to recover from disaster. The MLHMP is based on critical data with a focus on Hazard Identification, Vulnerability Analysis, and Mitigation Strategies. The Plan requires updates every five years as mandated by the Federal Emergency Management Agency (FEMA). The Town of Tiburon Police Department, Department of Public Works, Community Development Department and Southern Marin Fire partnered with TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting June 19, 2024 Agenda Item: CC-6 Town Council Meeting June 19, 2024 TOWN OF TIBURON PAGE 2 OF 3 the Marin County Sheriff’s Office of Emergency Services (OES), County Department of Public Works, Fire Department, and Community Development Agency, and all Marin County Cities and Towns to produce the updated plan. The cooperative planning process included public workshops and listening sessions, posting of the draft plan on the County website for comment and press releases. The MJLHMP: • Systematically assesses local natural and human-caused hazards, such as flooding, drought, wildfire, landslides, severe weather, terrorism, cyber threats, pandemic, and the impact of climate change. • Identifies mitigation actions to reduce the level of injury, property damage, and community disruption that might otherwise result from such hazards. • Pools resources from throughout the County and creates a uniform local hazard mitigation plan that can be consistently implemented. • Embraces best practices by planning for county-wide mitigation projects, as such, increases likelihood of being awarded grant monies from FEMA for mitigation projects. • Ensures eligibility for Federal Emergency Management Agency (FEMA) and Cal OES grants. The MJLHMP development process included the following activities: o Identification of potential planning partners. Partners who chose to participate submitted Letters of Intent committing resources to the development effort; o Identification and assessment of the risks of natural hazards; o Development of actions to mitigate the risks and a plan to implement the actions over the next five years; o Public involvement in the development and review of the MJLHMP; and o Ensures eligibility for AB 2140, when adopted into the Town Plan Safety Element. o Review and approval of the MJLHMP by Cal OES and FEMA. Tonight the Council is considering adoption of a resolution (Exhibit 1) adopting the Plan. The Plan is attached to the draft Resolution as Exhibit A. ANALYSIS No further analysis provided. FINANCIAL IMPACT There is no fiscal impact associated with the adoption of the 2024 Marin Multi-Jurisdictional Local Hazard Mitigation Plan and the Town of Tiburon chapter. CLIMATE IMPACT Staff has determined this action further is consistent with the Town’s Climate Action Plan strategies to mitigate and adapt to climate change. ENVIRONMENTAL REVIEW Town Council Meeting June 19, 2024 TOWN OF TIBURON PAGE 3 OF 3 Staff has preliminarily determined that adoption of the 2024 MJLHMP 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 in that it does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. In addition, or in the alternative, adoption of the 2024 MJLHMP and the Town of Tiburon is exempt from CEQA pursuant to CEQA guidelines Section 15061(b) 3, because it can be seen with certainty that there is no possibility that the adoption of the 2024 MJLHMP may have a significant effect on the environment and therefore adoption of the plan is not subject to CEQA. RECOMMENDATION Staff recommends that the Town Council: 1. Move to adopt the attached resolution (Exhibit 1) adopting the 2024 MJLHMP. Exhibit(s): 1. Draft Town Council Resolution including EXHIBIT A, the 2024 Marin Multi-Jurisdictional Local Hazard Mitigation Plan Tiburon Vol.2 Annex Marin Prepared By: Dina Tasini, Director of Community Development Samantha Bonifacio, Associate Planner EXHIBIT 1 Page 1 of 1 Town Council Resolution No. XX-2024 DRAFT June 19, 2024 RESOLUTION NO. XX-2024 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING THE 2024 MULTI JURISDICTIONAL LOCAL HAZARD MITIGATION PLAN WHEREAS, natural hazards, such as earthquakes, floods, and wildfires, pose a significant threat to the residents and visitors of Town of Tiburon; and WHEREAS, disasters start and end at the local level, it is the inherent responsibility of local government to lead hazard mitigation and the reduction of risk and vulnerability to hazards; and WHEREAS, the Town of Tiburon, in coordination with neighboring jurisdictions and special districts, produced the Town of Tiburon to the 2024 Marin Multi-Jurisdictional Local Hazard Mitigation Plan to provide a framework for hazard mitigation; and WHEREAS, the adoption of the 2024 MJLHMP in accordance with the California Environmental Quality Act (CEQA) and the adoption of the MJLHMP is exempt from CEQA because it is not considered a project pursuant to CEQA guidelines section 15378(b) in that it does not involve any commitment to any specific project which may result in potentially significant physical impact on the environment. In addition, or in the alternative, adoption of the 2024 MJLHMP is exempt from CEQA pursuant to CEQA guidelines Section 15061 (b)3 in that it can be seen with certainty that there is no possibility that activities in question may have a significant effect on the environment and therefore are not subject to CEQA; and WHEREAS, the Town Council adopted a new Safety and Resilience Element into the General Plan in 2023 that incorporates by reference the 2024 Marin Multijurisdictional Hazard Mitigation Plan by including the following language: “Implement the adopted Local hazard Mitigation Plan to comply with the federal Disaster Mitigation Act of 2000 and maintain eligibility for hazard mitigation funding from FEMA”. NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Tiburon does hereby adopt the 2024 Marin County Multi-Jurisdictional Local Hazard Mitigation Plan (Tiburon Vol.2 Annex- Exhibit A) and finds the plan consistent with the Town of Tiburon General Plan. PASSED AND ADOPTED at a regular meeting of the Town Council held on this 19th day of 2024, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ___________________________________ ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: ___________________________________ LEA DILENA, TOWN CLERK EXHIBIT A 15.TOWN OF TIBURON COMMUNITY PROFILE Marin County Multi-Jurisdictional Hazard Mitigation Plan 2023 EXHIBIT A 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-2 TOWN OF TIBURON COMMUNITY PROFILE This page is intentionally blank. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-3 TOWN OF TIBURON COMMUNITY PROFILE ACKNOWLEDGEMENTS The Town of Tiburon and Preparative Consulting would like to thank those collaborators and partners who participated in the planning and development of this document. The official Marin County hazard mitigation Steering Committee provided the oversight and dedication to this project that was required, and without their commitment, this project would not be possible. As with any working plan, this document represents planning strategies and guidance as understood as of the date of this plan’s release. This plan identifies natural hazards and risks and identifies the hazard mitigation strategy to reduce vulnerability and make the communities of the Town of Tiburon more disaster resistant and sustainable. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-4 TOWN OF TIBURON COMMUNITY PROFILE This page is intentionally blank. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-5 TOWN OF TIBURON COMMUNITY PROFILE TABLE OF CONTENTS 15. TOWN OF TIBURON COMMUNITY PROFILE ................................................................. 15-1 ACKNOWLEDGEMENTS................................................................................................... 15-3 TABLE OF CONTENTS .................................................................................................... 15-5 SECTION 1.0: INTRODUCTION ......................................................................................... 15-7 1.1 Introduction ................................................................................................................ 15-7 1.2 Planning Process ....................................................................................................... 15-7 1.2.1 Steering Committee Members (Jurisdictional Representatives) ........................... 15-8 1.2.2 Steering Committee Planning Process ................................................................ 15-9 1.2.3 Coordination with Stakeholders and Agencies..................................................... 15-9 1.2.4 Public Engagement ........................................................................................... 15-16 1.3 Overview and History ............................................................................................... 15-23 1.4 Government ............................................................................................................. 15-26 1.5 Weather and Climate ............................................................................................... 15-26 1.6 Demographics ......................................................................................................... 15-27 1.7 Social Vulnerability and Risk .................................................................................... 15-31 1.8 Economy and Tax Base ........................................................................................... 15-35 1.9 Critical Facilities ....................................................................................................... 15-37 1.10 Historical Properties ............................................................................................... 15-39 SECTION 2.0: HAZARD IDENTIFICATION AND RISK ASSESSMENT ...................................... 15-40 2.1 Climate Change ....................................................................................................... 15-42 2.2 Hazards ................................................................................................................... 15-49 2.2.1 Debris Flows ..................................................................................................... 15-50 2.2.2 Drought ............................................................................................................. 15-56 2.2.3 Earthquake......................................................................................................... 15-57 2.2.4 Flooding ............................................................................................................ 15-64 2.2.5 Land Subsidence .............................................................................................. 15-71 2.2.6 Levee Failure .................................................................................................... 15-74 2.2.7 Sea Level Rise .................................................................................................. 15-77 2.2.8 Severe Weather – Extreme Heat ....................................................................... 15-82 2.2.9 Severe Weather – High Wind & Tornado........................................................... 15-83 2.2.10 Tsunami ........................................................................................................... 15-86 2.2.11 Wildfire ............................................................................................................ 15-89 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-6 TOWN OF TIBURON COMMUNITY PROFILE SECTION 3.0: MITIGATION STRATEGY ......................................................................... 15-101 3.1 Changes in Development....................................................................................... 15-101 3.2 Capability Assessment .......................................................................................... 15-103 3.2.1 Regulatory Capabilities ................................................................................... 15-103 3.2.2 Administrative and Technical Capabilities ....................................................... 15-109 3.2.3 Fiscal Capabilities ........................................................................................... 15-111 3.2.4 Community Outreach ...................................................................................... 15-112 3.2.5 Participation in the National Flood Insurance Program .................................... 15-113 3.3 Mitigation Goals ..................................................................................................... 15-116 3.4 Status of Previous Mitigation Actions ..................................................................... 15-118 3.5 Hazard Mitigation Actions ...................................................................................... 15-119 3.6 Progress in Local Mitigation Efforts ........................................................................ 15-124 3.7 Plan Integration ..................................................................................................... 15-124 3.8 Future Development Trends .................................................................................. 15-125 SECTION 4.0: PLAN REVIEW, EVALUATION, AND IMPLEMENTATION ................................ 15-127 4.1 Plan Adoption ........................................................................................................ 15-127 4.2 Plan Monitoring ...................................................................................................... 15-127 4.3 Plan Evaluation ...................................................................................................... 15-128 4.4 Plan Update ........................................................................................................... 15-128 FIGURES AND TABLES ............................................................................................... 15-130 ACRONYMS/ABBREVIATIONS ...................................................................................... 15-132 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-7 TOWN OF TIBURON COMMUNITY PROFILE SECTION 1.0: INTRODUCTION 1.1 INTRODUCTION The Town of Tiburon, Community Profile has been prepared in conjunction with the Marin County Multi-Jurisdictional Hazard Mitigation Plan (MJHMP), establishing an inter-jurisdictional process for the development and implementation of effective hazard mitigation strategies in association with identified hazards that pose real or potential threats to the Town of Tiburon. 1.2 PLANNING PROCESS The majority of Marin County is unincorporated sparsely populated rural and protected lands. Most of the 262,000 county population is consolidated into the Eastern portion of the county. The Marin County MJHMP Steering Committee and broader Planning Team approached the development of the Marin County MJHMP and the associated jurisdictional and district profiles from a coordinated and collaborative planning and public engagement unity of effort. The Marin County and Town of Tiburon Steering Committee felt a unified effort, led by the County Office of Emergency Management (OEM), would be the most effective approach for this planning process. This approach allowed the small participating jurisdictions and districts with limited staffing and resources to take advantage of the combined efforts of the County, the Town of Tiburon and the other participating planning areas to reach a broader segment of each of their own populations and do so in a way to ensure greater equity and inclusion of the public in this planning process. Extensive and coordinated public outreach was done involving the Town of Tiburon and all participating jurisdictions and districts with an eye towards equity, inclusion, openness, accessibility, and ensuring they meet the population where they live, work, or recreate to provide the public convenience of access and ease of participation in this planning process. Marin County is very different from most California Counties in that the populated portion of the County where the participating jurisdictions and district’s planning areas are located has the same climate, similar topography, and are exposed to many of the same hazards. Only three jurisdictions, Larkspur, Ross, and San Anselmo, are not coastal jurisdictions and are not impacted by Tsunami or Sea Level Rise. This unity of effort approach allowed the Marin County and Town of Tiburon Steering Committee to establish a more robust Planning Team representing local Tiburon, countywide, regional, state, and federal stakeholders servicing the Marin County and Town of Tiburon planning area. These stakeholders were in a unique position to provide informed and specific information and recommendations on hazard mitigation goals and actions, as well as population needs and social vulnerability for each of the jurisdictional and district planning areas. This united effort allowed the planning team to attend fewer meetings than they would have been required to attend if they were required to attend separate meetings for each participating jurisdiction and district. The reduced number of meetings allowed the planning team the opportunity and time to provide more detailed and thoughtful contributions to the planning effort. In addition to providing representation on the coordinated Marin County and Town of Tiburon Multi-Jurisdictional Hazard Mitigation Plan Steering Committee, the Town of Tiburon involved additional internal planning team members to support the broader planning process. The Town of Tiburon jurisdictional representatives for the coordinated Marin County Multi-Jurisdictional 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-8 TOWN OF TIBURON COMMUNITY PROFILE Hazard Mitigation Plans Steering Committee and the Planning Team Members are represented below. 1.2.1 STEERING COMMITTEE MEMBERS (JURISDICTIONAL REPRESENTATIVES) Primary Point of Contact Alternate Point of Contact Sam Bonifacio, Associate Planner Laurie Nilsen, Emergency Svs, Coord. Telephone: 415-435-7392 Telephone: 415-789-2805 E-mail: sbonifacio@townoftiburon.org E-mail: lnilsen@tiburonpd.org This annex was developed by the primary point of contact with assistance from the members of the local mitigation planning team listed in Table 1 and Table 2. Table 1: Local Hazard Mitigation Planning Team Members Jurisdiction Name Title/ Department Phone Email Tiburon Sam Bonifacio Associate Planner 415-435-7392 sbonifacio@townoftiburon.org Tiburon Dina Tasini Director of Community Development 415-435-7393 dtasini@townoftiburon.org Tiburon Laurie Nilsen Emergency Svs, Coord. 415-789-2805 lnilsen@tiburonpd.org Tiburon Patrick Kerslake Public Works Operations Manager 415-435-7399 pkerslake@townoftiburon.org Tiburon David Eshoo Public Works Engineering Manager 415-435-7388 deshoo@townoftiburon.org Table 364: Local Hazard Mitigation Planning Team Members This 2023 Marin County Operational Area (OA) MJHMP is a comprehensive update of the 2018 Marin County OA MJHMP. The planning area and participating jurisdictions and organizations were defined to consist of unincorporated Marin County, five special districts, and the eleven incorporated jurisdictions to include the Town of Tiburon. All participating jurisdictions are within the geographical boundary of Marin County and have jurisdictional authority within this planning area. The Marin County and Town of Tiburon Steering Committee led the planning process based on the contribution and input from the whole community stakeholders who identified the community’s concerns, values, and priorities. The Steering Committee met and reviewed the mitigation recommendations and strategies identified within this plan. Each participating local jurisdiction established a mechanism for the development and implementation of jurisdictional mitigation projects, as identified within this plan and associated locally specific supporting documents. As deemed necessary and appropriate, participating jurisdictions will organize local mitigation groups to facilitate and administer internal activities. The Marin County and Town of Tiburon Steering Committee assisted with the planning process in the following ways: • Attending and participating in the Steering Committee meetings. • Identification of potential mitigation actions. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-9 TOWN OF TIBURON COMMUNITY PROFILE • Updating the status of mitigation actions from the 2018 Marin County OA MJHMP. • Collecting and providing other requested data (as available). • Making decisions on plan process and content. • Reviewing and providing comments on plan drafts; including annexes. • Informing the public, local officials, and other interested stakeholders about the planning process and providing opportunity for them to be involved and provide comment. • Coordinating, and participating in the public input process. • Coordinating the formal adoption of the plan by the governing boards. 1.2.2 STEERING COMMITTEE PLANNING PROCESS The Marin County and Town of Tiburon Steering Committee met monthly to develop the plan. Email notifications were sent out to each Steering Committee member to solicit their participation in the Steering Committee meetings. The meetings were conducted using a Zoom platform videoconferencing. Meeting attendees signed in using the chat feature to record their attendance. The Marin County and Town of Tiburon Steering Committee agreed to make and pass plan-based general policy recommendations by a vote of a simple majority of those members present. The Steering Committee will also seek input on future hazard mitigation programs and strategies from the mitigation planning team by focusing on the following: • Identify new hazard mitigation strategies to be pursued on a state and regional basis, and review the progress and implementation of those programs already identified. • Review the progress of the Hazard Mitigation program and bring forth community input on new strategies. • Coordinate with and support the efforts of the Marin County OEM to promote and identify resources and grant money for implementation of recommended hazard mitigation Strategies within local jurisdictions and participating public agencies. During the planning process, the Marin County and Town of Tiburon Steering Committee communicated through videoconferencing, face-to-face meetings, email, telephone conversations, and through the County and Town websites. The County and Town website included information for all stakeholders on the MJHMP update process. Hannah Tarling of the Marin County Office of Emergency Management and Preparative Consulting established a Microsoft 365 SharePoint folder which allowed the Steering Committee members and Marin OEM and Preparative Consulting to share planning documents and provide a format for the planning partners to submit completed documents and access other planning related documents and forms. Draft documents were also posted on this platform and the Marin County OES website so that the Steering Committee members and the public could easily access and review them. 1.2.3 COORDINATION WITH STAKEHOLDERS AND AGENCIES Opportunities for involvement in the planning process must be provided to neighboring communities, local and regional agencies involved in hazard mitigation, agencies with authority to regulate development, businesses, academia, and other private and nonprofit interests (44 CFR, Section 201.6(b)(2)). Early in the planning process, the Marin County and Town of Tiburon Steering Committee 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-10 TOWN OF TIBURON COMMUNITY PROFILE reached out to the following Local and Regional Agencies involved in hazard mitigation activities to invite them to participate in this planning process as a member of the Planning Team. These individuals work with Marin County and the Town of Tiburon communities and could provide subject matter expertise and relevant information to the planning process regarding the community history, hazard risk, vulnerability, and impact, mitigations efforts, community needs, demographics, and social vulnerability, economic concerns, ecology, and other community services and needs. The Marin County and Town of Tiburon Steering also determined that data collection, risk assessment analyses, mitigation strategy development, and plan approval would be greatly enhanced by inviting other local, state and federal agencies and organizations to participate in the process. Based on their involvement in hazard mitigation planning, their landowner status in the County, the Town of Tiburon and/or their interest as a neighboring jurisdiction, representatives from the following groups were invited to participate on the Planning Team: Eighty-five planning partners participated in this update, as listed in Table 2. Table 2: 2023 MJHMP Planning Team Members No. Agency Point of Contact Title 1 Belvedere Laurie Nilsen Emergency Svs, Coord. 2 Belvedere Rebecca Markwick Planning Director 3 Belvedere Samie Malakiman Associate Planner 4 Bolinas Com. PUD Jennifer Blackman General Manager 5 Bolinas Fire Protection Dist. Stephen Marcotte Asst. Fire Chief 6 Central Marin Fire District Matt Cobb Battalion Chief/Fire 7 Central Marin Fire District Ezra Colman Battalion Chief/Fire 8 Central Marin Fire District Rubin Martin Fire Chief 9 Corte Madera RJ Suokko Director of Public Works 10 Corte Madera Chris Good Senior Civil Engineer 11 Sanitary District No. 2 RJ Suokko District Manager 12 Fairfax Loren Umbertis Public Works Director 13 Fairfax Mark Lockaby Building Official 14 Larkspur Dan Schwarz City Manager 15 Larkspur Julian Skinner Public Works Director/ City Engineer 16 Larkspur Robert Quinn Public Works Superintendent 17 Las Gallinas Valley Sanitary District Dale McDonald Administrative Services Mgr. 18 Las Gallinas Valley Sanitary District Greg Pease Safety Manager 19 Marin County Steven Torrence OEM Director 20 Marin County Hannah Tarling Emergency Management Coordinator 21 Marin County Chris Reilly OEM Project Manager 22 Marin County Woody Baker-Cohn Senior Emergency Management Coordinator 23 Marin County Leslie Lacko Community Development Agency 24 Marin County Hannah Lee Senior Civil Engineer 25 Marin County Felix Meneau Project Mgr./ FCWCD 26 Marin County Julia Elkin Department of Public Works 27 Marin County Beb Skye Department of Public Works 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-11 TOWN OF TIBURON COMMUNITY PROFILE Table 2: 2023 MJHMP Planning Team Members No. Agency Point of Contact Title 28 Marin County Scott Alber Battalion Chief, Marin County Fire Dept. 29 Marin County Lisa Santora Deputy Public Health Officer, Marin Health & Human Services 30 Marin County Koblick, Kathleen Marin Health & Human Services 31 Marin County Amber Davis Public Health Preparedness 32 Mill Valley Patrick Kelly Department of Public Works 33 Mill Valley Ahmed A Aly Project Manager 34 Mill Valley Jared Barrilleaux Deputy Director of Engineering 35 Mill Valley Daisy Allen Senior Planner 36 Southern Marin Fire District Tom Welch Deputy Chief/South Marin Fire Dist. 37 Southern Marin Fire District Marshall Nau Fire Marshall/South Marin Fire Dist. 38 North Marin Water District Eric Miller Asst. General Manager 39 North Marin Water District Tim Fuette Senior Engineer 40 Novato David Dammuller Engineering Services Mgr. 41 Novato Dave Jeffries Consultant/JPSC 42 Ross Richard Simonitch Public Works Director 43 San Anselmo Sean Condry Public Works & Building Director 44 San Anselmo Erica Freeman Building Official 45 San Anselmo Scott Schneider Asst. PW Director 46 San Rafael Quinn Gardner Deputy Emergency Services Coord. 47 San Rafael Cory Bytof Sustainability 48 San Rafael Joanna Kwok Senior Civil Engineer 49 San Rafael Kate Hagemann Climate Adaptation & Resilience Planner 50 Sausalito Andrew Davidson Senior Engineer/ DPW 51 Sausalito Kevin McGowan Director of Public Works 52 Sausalito Brandon Phipps Planning Director 53 Tiburon Sam Bonifacio Associate Planner 54 Tiburon Dina Tasini Director of Community Development 55 Tiburon Laurie Nilsen Emergency Svs, Coord. Special Districts & Partner Agencies 56 County of Marin Disability Access Program Laney Davidson Disability Access Manager/ ADA Coordinator 57 County of Marin Disability Access Program Peter Mendoza Disability Access Manager/ ADA Coordinator 58 Emergency Medical Svcs Chris Le Baudour EMS Authority 59 Fire Departments Jason Weber Fire Chiefs 60 Golden Gate Bridge, Highway & Transportation District Daniel Rodriguez Security, Emergency Management Specialist 61 Golden Gate Bridge, Highway & Transportation District Dennis Mulligan General Manager & CEO, 62 Marin City Climate Resilience and Health Justice Terrie Green Executive Director 63 Marin Center for Independent Living Peter Mendoza Director of Advocacy and Special Projects 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-12 TOWN OF TIBURON COMMUNITY PROFILE Table 2: 2023 MJHMP Planning Team Members No. Agency Point of Contact Title 64 Marin City Community Services District Juanita Edwards Interim General Manager 65 Marin County Community Development Agency Leslie Lacko Community Development Agency 66 Marin County Flood Control & Water Conservation District Garry Lion Advisory Board Member 67 Marin County Office of Education Michael Grant Director, Marin County Office of Education 68 Marin County Parks Max Korten General Manager and Director 69 PG&E Mark Van Gorder Government Affairs, North Bay 70 PG&E Ron Karlen PG&E Public Safety Specialist 71 Sonoma Marin Area Rail Transit (SMART) Jennifer McGill Chief of Police 72 Transportation Authority of Marin (TAM) Anne Richmond Executive Director 73 Willow Creek School Itoco Garcia Superintendent State Partners 74 Cal OES - ESC Sarah Finnigan Cal OES Emergency Services Coordinator 75 Cal OES, Division of Safety of Dams Danielle Jessup Coordinator/ Dam Safety Planning Division 76 California Department of Public Health Svetlana Smorodinsky Disaster Epidemiologist/ Environmental & Occupational Emergency Preparedness Team 77 California Department of Public Health Patrice Chamberlain Health Program Specialist II 78 California Department of Water Resources Julia Ekstrom, PhD Supervisor, Urban Unit Water Use Efficiency Branch 79 Caltrans Trang Hoang Senior Transportation Engr/ Office of Advance Planning 80 Caltrans Markus Lansdowne Caltrans D4 Emergency Coordinator Federal Partners 81 Army Corps of Engineers Jessica Ludy Flood Risk Management, Equity, and Environmental Justice 82 National Park Service Stephen Kasierski OneTam 83 US Coast Guard LT Tony Solares Sector SF Waterways Safety Branch 84 US Coast Guard MST1 Brandon M. Ward Emergency Management Specialist 85 US Coast Guard LT William K. Harris USCG SEC San Francisco Table 365: 2023 MJHMP Planning Team Members Several opportunities were provided for the groups listed above to participate in the Town of Tiburon’s planning process. At the beginning of the planning process, invitations were extended to these groups to actively participate on the Planning Team. Participants from these groups assisted in the process by attending several videoconferencing meetings where hazard vulnerability and risk were discussed along with hazard mitigation strategies and actions. Planning Team members provided data and other applicable information directly as requested in meetings, emails, telephone calls, videoconferencing, worksheets, or through data contained 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-13 TOWN OF TIBURON COMMUNITY PROFILE on their websites or as maintained by their offices. This information was used to develop hazard vulnerability and risk profiles along with mitigation actions. These key agencies, organizations, and advisory groups received meeting announcements, agendas, and minutes by e-mail throughout the plan update process. They supported the effort by attending meetings or providing feedback on issues. All the agencies were provided with an opportunity to comment on this plan update and were provided with a copy of the plan to review and offer edits and revisions. They were also provided access to the Marin County OEM hazard mitigation plan website to review all planning documents and hazard mapping tools. Each was sent an e-mail message informing them that draft portions of the plan were available for review. In addition, the complete draft plan was sent to the California Governor’s Office of Emergency Services (Cal OES) and FEMA Region IX for a pre-adoption review to ensure program compliance. In addition, through the public meetings conducted at the beginning of the planning process, members of the planning team, the public, and other key stakeholders were invited to participate in the planning process through public outreach activities. Further as part of the public outreach process, all planning areas engaged in public outreach and education by providing information on their Town of Tiburon website or though press releases directing the public to the main Marin County OEM website that provided coordinated and detailed public information of the planning process and how the public could participate. All planning areas were invited to attend the public meetings and to review and comment on the plan prior to submittal to Cal OES and FEMA. Additional public outreach action is detailed in the 1.2.4 PUBLIC ENGAGEMENT section of this annex. The following planning meetings were held with the planning team: Table 3: Town of Tiburon & Marin County MJHMP Planning Meetings No. Date Attendees Meeting Planning Meeting Objectives 1 10/26/22 Steering Committee Project Overview Meeting • Plan Overview – Steps and Timeline • Planning Process • Steering Committee Role 2 11/9/22 Steering Committee Steering Committee Kickoff Meeting • Hazard Mitigation and Emergency Management Overview • Plan Overview – Steps and Timeline • Community Overview • Planning Process • Hazard Identification and Risk Assessment • Stakeholders and Planning Team Identification 3 12/6/22 Steering Committee, Planning Team Planning Team Kickoff Meeting • Hazard Mitigation and Emergency Management Overview • Plan Overview – Steps and Timeline • Community Overview 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-14 TOWN OF TIBURON COMMUNITY PROFILE Table 3: Town of Tiburon & Marin County MJHMP Planning Meetings No. Date Attendees Meeting Planning Meeting Objectives • Planning Process • Hazard Identification and Risk Assessment 4 02/07/23 Steering Committee Steering Committee Hazard Profile Meeting • Jurisdictional Letter of Commitment • Identify Planning Team Members • Hazard Risk Ranking Worksheets • Jurisdictional Profiles • Jurisdictional/ District Capability Assessment • 2018 Hazard Mitigation Project Status Update 5 03/07/23 Steering Committee/ Planning Team Planning Team Public Outreach Strategy Meeting • Planning Goals and Objectives • Hazard Risk Ranking Worksheets • Jurisdictional Profiles • Jurisdictional/ District Capability Assessment • 2018 Hazard Mitigation Project Status Update • Public Outreach Strategy 6 04/04/23 Steering Committee Steering Committee Meeting • HMGP (DR-4683) Funding Timeline • Public Outreach • Planning Goals and Objectives • Jurisdictional Hazard Vulnerability Maps • Jurisdictional Profiles • Jurisdictional/ District Capability Assessment • 2018 Hazard Mitigation Project Status Update 7 04/13/23 General Public, Steering Committee, Planning Team Public Outreach Town Hall Meeting #1 (In-person and virtual on Zoom) Thursday, 6:00 pm to 7:30 pm Marin County BOS Chambers • Meeting translated live in Spanish with 29 language subtitle capability for virtual participants. • Meeting also interpreted in American Sign Language • Meeting recorded and posted on Hazard Mitigation website. • Hazard Mitigation and Emergency Management Overview • Planning Process • Hazard Identification and Risk Assessment • Planning Goals and Objectives • Hazard Mitigation Projects 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-15 TOWN OF TIBURON COMMUNITY PROFILE Table 3: Town of Tiburon & Marin County MJHMP Planning Meetings No. Date Attendees Meeting Planning Meeting Objectives • Community Input 8 04/29/23 General Public, Steering Committee, Planning Team Public Outreach Town Hall Meeting #2 (In-person and virtual on Zoom) Saturday, 10:00 am to 11:30 am Marin County Health and Wellness Center • Meeting translated live in Spanish with 29 language subtitle capability for virtual participants. • Meeting also interpreted in American Sign Language • Meeting recorded and posted on Hazard Mitigation website. • Hazard Mitigation and Emergency Management Overview • Planning Process • Hazard Identification and Risk Assessment • Planning Goals and Objectives • Hazard Mitigation Projects • Community Input 9 05/31/23 Steering Committee Steering Committee Hazard Ranking Meeting • HMGP (DR-4683) Funding Timeline • Public Outreach Status • Jurisdictional Hazard Vulnerability Maps • OEM Overview of Hazard Maps and Marin Maps • Marin Co. MJHMP Risk Assessment Tool Overview • 2018 Hazard Mitigation Project Status Update • Hazard Working Groups 10 06/27/23 Steering Committee, Planning Team Marin County Planning Team Meeting • HMGP (DR-4683) & BRIC Grant Funding Timeline • Public Outreach Status • Jurisdictional Hazard Risk Assessment Tool • OEM Overview of Hazard Maps and Marin Maps • Marin County Hazards over the Last 5-Years • 2018 Hazard Mitigation Project Status Update • 2023 Hazard Mitigation Projects/Capital Improvement Projects • Hazard Working Groups 11 07/01/23- 09/01/23 Steering Committee Members Steering Committee Members Plan • Individual phone or conference calls with planning jurisdictions and 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-16 TOWN OF TIBURON COMMUNITY PROFILE Table 3: Town of Tiburon & Marin County MJHMP Planning Meetings No. Date Attendees Meeting Planning Meeting Objectives Development Sessions districts to answer specific questions and assist them in developing their profile annex. 12 11/27/23 Steering Committee, Planning Team Marin County Planning Team Meeting • Presentation and review of the Draft Marin County OA MJHMP and Jurisdictional/District Annexes 13 11/28/23 General Public Public Outreach Presentation on Marin County Office of Emergency Management Website • Presentation and review of the Draft Marin County OA MJHMP and Jurisdictional/District Annexes. • Opportunity for public comment and questions and answers. Table 366: Town of Tiburon & Marin County MJHMP Planning Meetings 1.2.4 PUBLIC ENGAGEMENT Early discussions with the Marin County OEM established the initial plan for public engagement to ensure a meaningful and inclusive public process with a focus on equity and accessible to the whole community. The Public Outreach efforts mirrored the Planning Team approach with a unified effort, led by the County OEM and the Town of Tiburon, involving all participating jurisdictions and districts. Public outreach for this plan update began at the beginning of the plan development process with a detailed press release from Marin County and the Town of Tiburon informing the community of the purpose of the hazard mitigation planning process for the Marin County OA planning area and to invite the public to participate in the process. Public involvement activities for this plan update were conducted by Marin County, the Town of Tiburon, and all participating jurisdictions and districts and included press releases; website postings; a community survey; stakeholder and public meetings; and the collection of public and stakeholder comments on the draft plan which was posted on the Marin County and Town of Tiburon website. Information provided to the public included an overview of the mitigation status and successes resulting from implementation of the 2018 plan as well as information on the processes, new risk assessment data, and proposed mitigation strategies for the plan update. Equity and Whole Community Approach The Marin County OEM and the Marin County and Town of Tiburon Steering Committee prioritized equity and engagement of the whole community in the development of the Marin County OA MJHMP by establishing a framework with key actions for each step of the planning process. Elements of the equity approach included: Engaging hard-to-reach populations This effort was to ensure the greatest equity and access to the public to enable participation in the process. The Marin County OEM outreach strategy is to “meet people where they are.” The Town Hall meetings were conducted at different familiar locations within the county where people could easily access them and were conducted on both a weekday and weekend, and in the evening and during the daytime. The meetings were offered in-person with a virtual 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-17 TOWN OF TIBURON COMMUNITY PROFILE broadcast using Zoom videoconferencing and streamed live on Marin County OEM Facebook account. After the meeting, Marin County OEM uploaded the recorded meeting to their website to allow the public on demand access to the meeting. Translation and Interpretation Services The survey and outreach materials were provided in both English and Spanish to improve accessibility among populations with limited English proficiency. The website uses Google Translate for accessibility in multiple languages. Interpretation services were offered for both town hall meetings. Each town hall meeting included live Spanish translation and subtitles, Live American Sign Language (ASL/CDI) interpretation, the ability for the Zoom videoconferencing attendee to activate subtitles in 29 different languages, and vision accessible PowerPoint slide. Three stakeholder and public meetings were held, two at the beginning of the plan development process and one prior to finalizing the updated plan. Where appropriate, stakeholder and public comments and recommendations were incorporated into the final plan, including the sections that address mitigation goals and strategies. Specifically, public comments were obtained during the plan development process and prior to plan finalization. All press releases and website postings are on file with the Marin County OEM. Public meetings were advertised in a variety of ways to maximize outreach efforts to both targeted groups and to the public at large. Advertisement mechanisms for these meetings and for involvement in the overall MJHMP development process include: • Development and publishing of an MJHMP public outreach article • Providing press releases to local newspapers and radio stations • Posting meeting announcements on the local County MJHMP website • Email to established email lists • Personal phone calls The public outreach activities were conducted with participation from and on behalf of all jurisdictions participating in this plan. The Marin County and Town of Tiburon Steering Committee has made the commitment to periodically bring this plan before the public through public meetings and community posting so that citizens may make input as strategies and implementation actions change. Public meetings will continue to be held twice a year after the first and third MJHMP meetings. Public meetings will continue to be stand-alone meetings but may also follow a council meeting or other official government meeting. The public will continue to be invited to public meetings via social media messaging, newspaper invitations, and through the website for each jurisdiction participating in the plan. Each jurisdiction is responsible for assuring that their citizenry is informed when deemed appropriate by the Steering Committee. WEBSITE At the beginning of the plan update process, Marin County OEM established a hazard mitigation website https://emergency.marincounty.org/pages/lhmp on behalf of all the planning areas to ensure consistent messaging and information, to keep the public posted on plan development milestones, and to solicit relevant input. The website also provided information on signing up for Alert Marin, provided detailed information about the hazard mitigation process and plan 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-18 TOWN OF TIBURON COMMUNITY PROFILE development, provided a URL and QR code link to the survey in both English and Spanish, and provided information about upcoming town hall meetings. (See Figure 1) The site’s address was publicized in all press releases, surveys and public town hall meetings. Each planning partner also established a link on their own agency website. Information on the plan development process, the Steering Committee, a link to the Hazard Mitigation survey, and drafts of the plan were made available to the public on the site. Marin County intends to keep a website active after the plan’s completion to keep the public informed about successful mitigation projects and future plan updates. Figure 701: Marin County OEM MJHMP Website PUBLIC MEETINGS Two separate Marin County MJHMP Public Town Hall Meeting were conducted at different locations within the County, on different days of the week and during different times of the day. This effort was to ensure the greatest equity and access by the public to enable participation in the process. The Marin County OEM outreach strategy is to “meet people where they are.” Each Town Hall Meeting included live Spanish translation and subtitles, Live American Sign Language (ASL/CDI) interpretation, the ability for the Zoom videoconferencing attendee to activate subtitles in 29 different languages, and vision accessible PowerPoint slide. The first Town Hall Meeting was conducted on Thursday, April 13, 2023, from 6:00 pm to 7:30 pm, at the Marin County Board of Supervisors Chambers, Marin County Civic Center, 3501 Civic Center Drive, Room #330 San Rafael, CA 94903. The in-person meeting was also broadcast virtually using Zoom videoconferencing and streamed live on Marin County OEM Facebook account. Each of the jurisdictions participating in the MJHMP released a Press Release on their respective websites announcing the Public Town Hall Meeting and providing the date, time, and URL link to the Zoom Meeting for the public to log in and attend the Zoom Meeting. Marin County OEM also posted a notice for the Public Town Hall Meeting 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-19 TOWN OF TIBURON COMMUNITY PROFILE on their Facebook account. At the conclusion of the presentation, a question and answer session was held to answer questions from the attendees. The second Town Hall Meeting was conducted on Saturday, April 29, 2023, from 10:00 am to 11:30 am, at the Marin County Health and Wellness Center, 3240 Kerner Ave. Rooms #109 and #110 San Rafael, CA. 94903. The meeting followed the same format as the first and hosted the same access level of equity and accessibility. The Marin County MJHMP Public Town Hall Meeting was recorded and downloaded from Zoom and made available to all of the jurisdictions and districts to place on their websites and local Access TV for the public to view. Meeting participants were also invited to complete the Hazard Mitigation Survey and were provide the URL link to the Survey Monkey website to complete the survey. Figure 702: Marin County OEM MJHMP Public Town Hall Meeting SOCIAL MEDIA Marin County and its participating jurisdictions utilized several forms of social media to reach residents and customers. Information about the Hazard Mitigation Planning process was communicated to the public via Facebook, Twitter, and local access TV. Residents and customers were invited to complete the Hazard Mitigation Plan survey which was accessible via an attached URL or QR Code and provide feedback on potential hazard mitigation projects or programs. The results of the survey were provided to each of the planning partners and used to support the jurisdictional annex process. Each planning partner was able to use the survey results to help identify actions as follows: • Gauge the public’s perception of risk and identify what citizens are concerned about. • Identify the best ways to communicate with the public. • Determine the level of public support for different mitigation strategies. • Understand the public’s willingness to invest in hazard mitigation. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-20 TOWN OF TIBURON COMMUNITY PROFILE PRESS RELEASES Press releases were distributed over the course of the plan’s development as key milestones were achieved and prior to each Marin County MJHMP Public Town Hall Meeting. All press releases were made available to the community in both English and Spanish. Figure 703: Hazard Mitigation Plan Public Outreach Press Release SURVEY A hazard mitigation plan survey (see Figure 4) was developed by the Steering Committee and made available to the public in both English and Spanish. The survey was used to gauge household preparedness for natural hazards and the level of knowledge of tools and techniques that assist in reducing risk and loss from natural hazards. This survey was designed to help identify areas vulnerable to one or more natural hazards. The answers to its ten questions helped guide the Steering Committee in defining our hazards, and selecting goals, objectives, and mitigation strategies. The survey was available on the hazard mitigation plan website, advertised in press releases, and at town hall meetings. Finally, the survey and the process of public input was advertised throughout the course of the planning process. The survey was available to the public on March 13, 2023, and closed on June 12, 2023. At the conclusion of the planning process 293 surveys were completed by the public. Public Comments Considered by the Planning Team The Planning Team used the following information gathered from the Public Outreach Survey to inform decisions regarding hazard mitigation strategies, actions, and priorities. • Climate Change, Wildfire, and Drought were the top hazards of concern for the public. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-21 TOWN OF TIBURON COMMUNITY PROFILE • Text messages, mail, and the County website were the preferred methods for receiving hazard mitigation information. • 48% of respondents expressed that they were “Very Much” concerned and 31% were “Moderately” concerned that a natural disaster could impact their home or place of residence. • 85% of respondents own their own home. • 99% of respondents have access to the internet. Figure 704: Hazard Mitigation Plan Survey PUBLIC COMMENT ON THE PLAN To solicit public feedback on the draft plan, Marin OEM engaged in a multi-faceted approach intended to reach as many Marin residents as possible, including members of the community who are under-served and under-represented. All members of the community had the opportunity to provide initial comments on the plan during a two-week period from Public Outreach Survey h�ps://www.surveymonkey.com/r/MarincountyMJHMP 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-22 TOWN OF TIBURON COMMUNITY PROFILE Wednesday, December 4, 2023, to Wednesday, December 18, 2023. Although the initial comment period was listed as two weeks, the public could submit comments indefinitely via the County’s website to support the County’s continuous improvement efforts. The base plan, as well as city, town and special district annexes, were available for download on emergency.marincounty.org (include photos). The website additionally asked for feedback in a survey in English and Spanish (include photos), the survey was designed to establish where that person lives or works, their top hazards of concern, elicit feedback on the plan and offer a place for them to share projects to reduce risk in their community. The survey collected responses from the community in English and in Spanish. The website and survey were shared through traditional and social media (photos) The Marin Independent Journal (Marin IJ) used the press release to write an article (hopefully; include photos). Social media accounts were updated four times with an initial ask, two reminders, and a closing announcement. The Marin OEM Public Information Officer coordinated with the Marin County Public Information Officers (MAPIO) working group to distribute information to partner jurisdictions (city, town, and special districts) to share this information on their social media sites and with the communities in the area. To reach those who may not be engaged digitally, the planning team worked with Marin County Community Response Teams, (CRTs are a collaboration of non-profit organizations supporting underrepresented communities in four zones) to conduct outreach with half-sheet flyers in English and Spanish to share in the 4 CRT zones (southern Marin, north Marin, west Marin, San Rafael). These half sheets were also shared county-wide at libraries, including in areas not covered by CRTs, like at the Fairfax library. CRTs are designed to reach Marin’s traditionally underserved and underrepresented communities, so by conducting outreach through this method, we were able to inform residents who may not have been engaged otherwise, including residents in Marin City, West Marin, and the Canal District of San Rafael. After December 18, 2023, the various participating jurisdiction and district profiles remained on the Marin County OEM website for public comments. The Town of Tiburon had an additional 14-day comment period for the Town of Tiburon Community Profile where their profile was posted on the Town website for final public comment from January 29 – February 5, 2024. The 14-day public comment period gave the public an opportunity to comment on the draft plan update prior to the plan’s submittal to Cal OES. Comments received on the draft plan are available upon request. All comments were reviewed by the planning team and incorporated into the draft plan as appropriate. Public Comments Considered by the Planning Team The Marin County OEM posted the draft Hazard Mitigation Plan and hazard mitigation actions on their website and solicited public comments on the content. The Town of Tiburon distributed press releases directing the community to the Marin County OEM website to review the draft plans. The Planning Team gathered public comments and information on the Marin County OEM website regarding proposed and current Hazard Mitigation Actions. The Planning Team used the comments and suggestions to inform decisions regarding hazard mitigation strategies, actions, and priorities. Most comments included ideas for hazard mitigation projects and comments on the effectiveness of current mitigation projects. These 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-23 TOWN OF TIBURON COMMUNITY PROFILE comments were used to revise the proposed hazard mitigation actions which resulted in the final list of hazard mitigation actions listed in 3.5 Hazard Mitigation Actions. 1.3 OVERVIEW AND HISTORY Tiburon is an incorporated town in Marin County, California. It was incorporated on June 23, 1964, and is located on the Tiburon Peninsula, which reaches south into the San Francisco Bay. It shares a ZIP code (94920) with the smaller incorporated city of Belvedere (formerly a separate island), which occupies the southwest part of the peninsula and is contiguous with Tiburon. Tiburon is bordered by Corte Madera to the north and Mill Valley to the west but is otherwise mostly surrounded by the bay. Besides Belvedere and Tiburon, much of the peninsula is unincorporated, including portions of the north side and the communities of Strawberry and Paradise Cay. Elevations on the Tiburon Peninsula range from sea level to about 650 feet, and it is drained by multiple small watersheds on the north and south sides. Vegetation occurring within the planning area primarily consists of agricultural, ruderal, riparian, and landscaping vegetation. The Town of Tiburon comprises approximately 4.5 square miles of land area and 8.75 square miles of submerged land. The town’s name derives from the Spanish word tiburón, which means "shark". The name was first given to the peninsula on which the town is situated, and probably inspired by the prevalence of locally native leopard sharks in the surrounding waters. Tiburon was formerly the southern terminus of the San Francisco and North Pacific Railroad (subsequently the Northwestern Pacific Railroad), which transported freight for transfer to barges for shipping to cities around San Francisco Bay. It is now a commuter and tourist town, linked by fast ferry services to San Francisco and with a concentration of restaurants and clothes shops. It is the nearest mainland point to Angel Island and a regular ferry service connects to the island. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-24 TOWN OF TIBURON COMMUNITY PROFILE Figure 705: Map of Town of Tiburon in Marin County Source: Marin County OEM 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-25 TOWN OF TIBURON COMMUNITY PROFILE Figure 706: Map of the Town of Tiburon Source: Marin County OEM 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-26 TOWN OF TIBURON COMMUNITY PROFILE 1.4 GOVERNMENT The Town of Tiburon is governed by a five-person Town Council. The Town Council elects one of its members to serve as Mayor, the executive head of the town; and appoints a Town Manager, the administrative head of the town. The town consists of 5 departments: Administration and Finance, Community Development, Police, Public Works, and Town Clerk. The Town Council assumes responsibility for the adoption of this plan; and the Town Manager will oversee its implementation. Tiburon Fire Protection District is a combination department with 21 career safety employees, one clerical and one finance officer, 13 volunteer firefighters, and 6 trainee firefighters. Protecting the town of Tiburon and the city of Belvedere, California and the surrounding area, the Fire District’s boundaries represent a diverse community with responsibility for commercial, residential, wildland/urban interface, and parts of the San Francisco Bay to Angel Island State Park. The Tiburon Fire Protection District was established in April 1941 and remained an all- volunteer fire department until December 1959. In 1981 the Tiburon Fire District contracted with the City of Belvedere, providing emergency medical and fire related services to the City. The Tiburon Police Department was established in 1972 following the Town's incorporation by eight years. In addition to normal police activities, the Police Station also houses the Emergency Operations Center, which is equipped to manage disaster response for Tiburon and Belvedere. The Police Department and Emergency Operations Center are also responsible for developing and maintaining the Emergency Operations Plan for the entire Tiburon Peninsula. 1.5 WEATHER AND CLIMATE The Town of Tiburon lies approximately 100 feet above sea level. In Tiburon, the summers are long, comfortable, arid, and mostly clear and the winters are short, cold, wet, and partly cloudy. Over the course of the year, the temperature typically varies from 48°F to 73.1°F and is rarely below 43°F or above 62.3°F. The difference in precipitation between the driest month and the wettest month is 8 inches. The annual rainfall is 42 inches. The month of highest relative humidity is February (80%). The month with the lowest relative humidity is June (69%). The month which sees the most rainfall is January. The driest month of the year is July. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-27 TOWN OF TIBURON COMMUNITY PROFILE Figure 707: The Town of Tiburon Precipitation and Monthly Temperatures Source: en.Climate-Data.org 1.6 DEMOGRAPHICS The California Department of Finance shows an overall estimated decrease in the population of Marin County and the Town of Tiburon since the last plan update in 2018. Of the total estimated 257,135 residents of Marin County in 2022 based on the 2020 U.S. Census Survey, 190,148 residents live in the incorporated county and 66,987 residents live in the unincorporated county. The Town of Tiburon had an estimated population of 9,542 in the 2018 plan. 2020 U.S. Census Survey estimated the Town’s population at 9,146. However, revised estimates for 2022 estimated the population to decrease to 8,956 population. Table 4: Town of Tiburon Estimated Jurisdictional Population Jurisdiction Population 2022 (Estimate) Population 2020 Population 2018 (Estimate) Percent Change 2018-2022 Marin County 257,135 262,321 262,179 -1.92% Town of Tiburon 8,956 9,146 9,542 -6.14% Table 367: Town of Tiburon Estimated Jurisdictional Population Source: California Department of Finance Table 5: Population Change of The Town of Tiburon Jurisdiction Total Population Change, 2010-2020 April 1, 2010 April 1, 2020 Number Percent California 37,253,956 39,538,223 2,284,267 6.1% Marin County 252,409 262,321 9,912 3.9% Tiburon, town 9,542 9,146 396 -6.14% Table 368: Population Change of The Town of Tiburon Source: Town of Tiburon Housing Element, US Census Bureau, California Department of Finance Table 6 lists the various languages spoken in the Town of Tiburon. January February March April May June July August September October November December Avg. Temperature °C (°F) 9.4 °C (48.9) °F 10.2 °C (50.3) °F 11.3 °C (52.4) °F 12.3 °C (54.1) °F 14 °C (57.2) °F 15.9 °C (60.7) °F 16.3 °C (61.3) °F 16.7 °C (62) °F 16.8 °C (62.3) °F 15.3 °C (59.6) °F 12.2 °C (53.9) °F 9.6 °C (49.4) °F Min. Temperature °C (°F) 6.1 °C (43) °F 6.9 °C (44.4) °F 7.9 °C (46.2) °F 8.6 °C (47.6) °F 10.2 °C (50.3) °F 11.7 °C (53) °F 12.4 °C (54.3) °F 12.9 °C (55.2) °F 12.6 °C (54.7) °F 11.4 °C (52.5) °F 8.7 °C (47.7) °F 6.6 °C (43.9) °F Max. Temperature °C (°F) 13.7 °C (56.7) °F 14.5 °C (58.1) °F 15.9 °C (60.6) °F 17 °C (62.7) °F 18.9 °C (66.1) °F 21.5 °C (70.6) °F 21.8 °C (71.3) °F 22.2 °C (72) °F 22.8 °C (73.1) °F 20.9 °C (69.6) °F 16.8 °C (62.2) °F 13.6 °C (56.5) °F Precipitation / Rainfall mm (in) 113 (4) 118 (4) 83 (3) 40 (1) 21 (0) 6 (0) 2 (0) 2 (0) 3 (0) 25 (0) 57 (2) 111 (4) Humidity(%) 78% 80% 77% 72% 71% 69% 74% 75% 72% 71% 75% 77% Rainy days (d) 8 7 6 4 2 1 0 0 0 2 5 7 avg. Sun hours (hours) 5.9 6.5 7.8 9.1 9.1 9.3 7.4 6.8 7.6 7.3 6.8 5.8 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-28 TOWN OF TIBURON COMMUNITY PROFILE Table 6: Languages Spoken in Tiburon Primary Language Spoken % of Population English only 75.7% Spanish 3.4% Other Indo-European languages 16.1% Asian and Pacific Islander languages 4.5% Other languages 0.2% Table 369: Languages Spoken in Tiburon Source: US Census Bureau (2020) Figure 708: Races in Tiburon Source: City-Data.com 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-29 TOWN OF TIBURON COMMUNITY PROFILE Table 7: Marin County Jurisdictional Housing Stock 2022 and 2018 Year Total Units Single Family Multi-Family Mobile Homes Detached Attached 2 to 4 5 plus California 2022 Number 14,583,998 8,341,577 1,010,851 1,168,669 3,500,674 562,223 Percent 100.0% 57.2% 6.9% 8.0% 24.0% 3.9% 2018 Number 14,157,502 8,160,864 985,926 1,129,761 3,318,946 562,005 Percent 100.0% 57.6% 7.0% 8.0% 23.4% 4.0% Marin County 2022 Number 111,879 68,004 11,314 8,524 22,013 1,984 Percent 100.0% 60.8% 10.1% 7.6% 19.7% 1.8% 2018 Number 112,294 68,697 11,318 8,307 21,986 1,986 Percent 100.0% 61.2% 10.1% 7.4% 19.6% 1.8% Town of Tiburon 2022 Number 4,051 2,645 386 383 624 14 Percent 100.00% 65.29% 9.53% 9.45% 15.40% 0.35 2018 Number 4,036 2,644 384 370 624 14 Percent 100.00% 65.51% 9.51% 9.17% 15.46% 0.35% Table 370: Marin County Jurisdictional Housing Stock Source: California Department of Finance 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-30 TOWN OF TIBURON COMMUNITY PROFILE Figure 709: Town of Tiburon Land Use Map Source: Town of Tiburon 2040 General Plan 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-31 TOWN OF TIBURON COMMUNITY PROFILE 1.7 SOCIAL VULNERABILITY AND RISK The California Governor’s Office of Emergency Services (Cal OES) has initiated the “Prepare California” grant program focused on building community resilience amongst vulnerable individuals living in the areas of the state most susceptible to natural disasters. The Prepare California Initiative is aimed at reducing long-term risks from natural disasters by investing in local capacity building and mitigation projects designed to protect communities. Prepare California leverages funds approved in Governor Gavin Newsom’s 2021-22 State Budget and is designed to unlock federal matching funds for community mitigation projects that vulnerable communities would otherwise be unable to access. This program is intended for communities that are the most socially vulnerable and at the highest risk for future natural hazard events. The state identified communities by prioritizing California census tracts according to their estimated hazard exposures and social vulnerability. The National Risk Index is a dataset and online tool to help illustrate the United States communities most at risk for 18 natural hazards: Avalanche, Coastal Flooding, Cold Wave, Drought, Earthquake, Hail, Heat Wave, Hurricane, Ice Storm, Landslide, Lightning, Riverine Flooding, Strong Wind, Tornado, Tsunami, Volcanic Activity, Wildfire, and Winter Weather. For purposes of this plan the following National Risk Index (NRI) hazards are profiled in support of eight of the twelve Marin County OA MJHMP Hazards. NRI data was not available for Dam Failure, Land Subsidence, Levee Failure, or Sea Level Rise. Table 8: NRI Hazards and Marin County MJHMP Hazards NRI Hazards Marin County MJHMP Hazards Earthquake Earthquake Riverine Flooding Flooding Coastal Flooding Flooding Wildfire Wildfire Landslide Debris Flow Drought Drought Heat Wave Severe Weather -Extreme Heat Tsunami Tsunami Strong Wind Severe Weather – Wind, Tornado Table 371: NRI Hazards and Marin County MJHMP Hazards Source: FEMA National Risk Index 2023 The National Risk Index leverages available source data for Expected Annual Loss due to these 18 hazard types, Social Vulnerability, and Community Resilience to develop a baseline relative risk measurement for each United States county and Census tract. These measurements are calculated using average past conditions, but they cannot be used to predict future outcomes for a community. The National Risk Index is intended to fill gaps in available data and analyses to better inform federal, state, local, tribal, and territorial decision makers as they develop risk reduction strategies. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-32 TOWN OF TIBURON COMMUNITY PROFILE Calculating the Risk Index Risk Index scores are calculated using an equation that combines scores for Expected Annual Loss due to natural hazards, Social Vulnerability and Community Resilience: Risk Index = Expected Annual Loss × Social Vulnerability ÷ Community Resilience Hazard Type Risk Index Hazard type Risk Index scores are calculated using data for only a single hazard type, and reflect a community's Expected Annual Loss value, community risk factors, and the adjustment factor used to calculate the risk value. Table 9 illustrates the NRI Hazard Type Risk Index for Tiburon Census Tract 1212.00. Table 9: NRI Hazard Type Risk Index for Tiburon Census Tract 1212.00 Hazard Type EAL Value Social Vulnerability Community Resilience CRF Risk Value Score Earthquake $1,424,606 Relatively Low Very High 1.02 $1,445,994 94 Riverine Flooding $286,988 Relatively Low Very High 1.02 $291,297 93.9 Landslide $108,329 Relatively Low Very High 1.02 $109,955 99.6 Coastal Flooding $27,845 Relatively Low Very High 1.02 $28,263 93.1 Heat Wave $8,479 Relatively Low Very High 1.02 $8,606 48.8 Tornado $6,286 Relatively Low Very High 1.02 $6,381 15.4 Wildfire $2,710 Relatively Low Very High 1.02 $2,751 77 Tsunami $636 Relatively Low Very High 1.02 $646 95.6 Strong Wind $338 Relatively Low Very High 1.02 $343 11.2 Drought $0 Relatively Low Very High 1.02 $0 0 Table 372: NRI Hazard Type Risk Index for Tiburon Census Tract 1212.00 Source: FEMA Na�onal Risk Index 2023 Figure 10 illustrates the Social Vulnerability Map for Tiburon Census Tract 1212.00. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-33 TOWN OF TIBURON COMMUNITY PROFILE Figure 710: Town of Tiburon Social Vulnerability Map Census Tract 1212.00 Source: FEMA National Risk Index 2023 Table 10 illustrates the NRI Hazard Type Risk Index for Tiburon Census Tract 1241.00. Table 10: NRI Hazard Type Risk Index for Tiburon Census Tract 1241.00 Hazard Type EAL Value Social Vulnerability Community Resilience CRF Risk Value Score Earthquake $1,168,268 Very Low Very High 0.65 $764,278 89.3 Riverine Flooding $253,225 Very Low Very High 0.65 $165,659 89.8 Coastal Flooding $29,091 Very Low Very High 0.65 $19,032 91.9 Landslide $17,468 Very Low Very High 0.65 $11,427 96.6 Heat Wave $8,723 Very Low Very High 0.65 $5,707 42 Tornado $5,174 Very Low Very High 0.65 $3,385 7.8 Wildfire $4,175 Very Low Very High 0.65 $2,731 77 Tsunami $1,113 Very Low Very High 0.65 $728 95.7 Strong Wind $305 Very Low Very High 0.65 $199 7.4 Drought $0 Very Low Very High 0.65 $0 0 Table 373: NRI Hazard Type Risk Index for Tiburon Census Tract 1241.00 Source: FEMA Na�onal Risk Index 2023 Figure 11 illustrates the Social Vulnerability Map for Tiburon Census Tract 1241.00. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-34 TOWN OF TIBURON COMMUNITY PROFILE Figure 711: Town of Tiburon Social Vulnerability Map Census Tract 1241.00 Source: FEMA National Risk Index 2023 Most socially vulnerable residents in Marin County reside in parts of Novato, parts of San Rafael, including in and around the Canal District, the Greenbrae neighborhood of Larkspur, and the unincorporated areas of Marin City and Santa Venetia. This aligns with what the County knows about Marin residents. However, discrepancy lies in the western, more rural area of the county. West Marin is comprised of seven villages, and other populated areas, that are distanced from the centralized resources in the eastern part of the county. At three local elementary school in West Marin (2022-2023 school year), students eligible for free and reduced lunch program are, 62%, 41%, and 52%, a reflection of the financial capacity of local families. West Marin is home to many farms that may employ and house underrecognized workers that may not have taken part in a census survey, what the SVI is calculated from. In the fourth quarter of FY 2021/22 the bus routes traveling to West Marin (Rural Routes) were the only service category to have increased in ridership since pre-COVID (increase 0.1%; Marin Transit, 2022) showing the reliance of West Marin residents on public transportation; however, this data continues to adjust based upon the increase in alternate methods of mass transportation. Considering this, the County of Marin acknowledges that unique social factors in West Marin require different approaches than other parts of the County. Looking to the community resilience index (CRI) results, the data is only calculated at the county-level and compared across the nation. As a whole, Marin County is considered to have a “very high” ability to prepare for anticipated natural hazards, adapt to changing conditions, and withstand and recover rapidly from disruptions when compared to the rest of the U.S. Unfortunately, this metric does not give us the distinct experiences of the diverse communities across Marin. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-35 TOWN OF TIBURON COMMUNITY PROFILE When the Estimated Annual Loss Index, Social Vulnerability Index, and Community Resilience Index are aggregated as one, final results of the National Risk Index show Marin County as a whole to have “Relatively High” risk, this is due to the financial implications a disaster may have on the county. When broken out by census tract, five tracts are in the highest category (“Very High Risk”), this matches generally with the same tracts that are ranked in as higher social vulnerability; parts of Novato, parts of San Rafael, including in and around the Canal District, the Greenbrae neighborhood of Larkspur, and unincorporated areas of Santa Venetia. The median income for a household in the Town of Tiburon was $192,292 and the per capita income for the Town was $119,477. Approximately 0 percent of families and 1.3 percent of the population were below the poverty line (2010 data, U.S. Census Bureau).This poverty line is lower than other communities within Marin County. The two census tracts reflect both a Relatively Low and Very Low Social Vulnerability Index in the Town. 1.8 ECONOMY AND TAX BASE Table 11 shows income by household in The Town of Tiburon as of 2021. Table 374: Household Income for The Town of Tiburon as of 2021 Source: US Census Bureau American Community Survey 2021 Estimates Table 12 shows the percentage of people in The Town of Tiburon over the age of 16 employed by industry. Table 11: Household Income for The Town of Tiburon as of 2021 Household Income Number Percent Total Households 3,515 - Less than $10,000 56 1.6 $10,000 to $14,999 0 0.0 $15,000 to $24,999 77 2.2 $25,000 to $34,999 102 2.9 $35,000 to $49,999 141 4.0 $50,000 to $74,999 91 2.6 $75,000 to $99,999 264 7.5 $100,000 to $149,999 734 20.9 $150,000 to $199,999 380 10.8 $200,000 or more 1670 47.5 Median household income (dollars) $192,292 Mean household income (dollars) $304,909 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-36 TOWN OF TIBURON COMMUNITY PROFILE Table 12: Town of Tiburon Civilian Employed Population 16 years+ by Industry Industry Estimated Employed Percent Civilian employed population 16 years and over 3,982 - Agriculture, forestry, fishing and hunting, and mining 14 0.35% Construction 228 5.73% Manufacturing 83 2.08% Wholesale trade 81 2.03% Retail trade 261 6.55% Transportation and warehousing, and utilities 161 4.04% Information 147 3.69% Finance and insurance, and real estate and rental and leasing 888 22.30% Professional, scientific, and management, and administrative and waste management services 1304 32.75% Educational services, and health care and social assistance 544 13.66% Arts, entertainment, and recreation, and accommodation and food services 160 4.02% Other services, except public administration 61 1.53% Public administration 50 1.26% Table 375: Town of Tiburon Civilian Employed Population 16 years+ by Industry Source: US Census Bureau American Community Survey 2019 Estimates 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-37 TOWN OF TIBURON COMMUNITY PROFILE 1.9 CRITICAL FACILITIES The following list of facilities has been determined to be critical to the ability of the Town of Tiburon to fulfill the requirements of its mission during an emergency: Table 13: Town of Tiburon Critical Facilities Category Name Address Fire Severity Zone Flood Zone Critical Facilities 66. Fire Tiburon Fire Department 1679 Tiburon Blvd Tiburon, CA 94920 Moderate AE 67. Fire Tiburon Fire Department 4301 Paradise Drive Tiburon, CA 94920 High X 68. Law Tiburon Police Department 1155 Tiburon Blvd Tiburon, CA 94920 Moderate AE 69. EOC Bel-Tib Joint EOC 1155 Tiburon Blvd Tiburon, CA 94920 Moderate AE 70. Local Government Tiburon Town Hall 1505 Tiburon Blvd Tiburon, CA 94920 Moderate AE 71. Local Government Tiburon Library 1501 Tiburon Blvd Tiburon, CA 94920 Moderate AE 72. Local Government Tiburon Corporation Yard 101 Kleinert Way Tiburon, CA 94920 Moderate AE 73. School Reed School 1199 Tiburon Blvd Tiburon, CA 94920 Moderate AE 74. School Bel Aire School 277 Karen Way Tiburon, CA 94920 Moderate X 75. School St Hilary School church 765 Hilary Drive Tiburon, CA 94920 Moderate X 76. School Del Mar School 105 Avenida Miraflores Tiburon, CA 94920 Moderate X 77. Evacuation Shelter Kol Shofar 215 Blackfield Tiburon, CA 94920 Moderate X 78. Evacuation Shelter Tiburon Baptist Church 445 Greenwood Beach Rd Tiburon, CA 94920 Unzoned X 79. Evacuation Shelter Community Congregation Church 145 Rock Hill Tiburon, CA 94920 High X 80. Health/ Medical Marin Convalescent Hospital 30 Hacienda Drive Tiburon, CA 94920 High X Critical Infrastructure 81. Transportation Tiburon Ferry Docks 1 & 21 Main Street Tiburon, CA 94920 Moderate VE 82. Wastewater Sanitary District 5 2001 Paradise Drive Tiburon, CA 94920 Moderate X 83. Wastewater Richardson Bay Sanitary District 500 Tiburon Blvd Tiburon, CA 94920 Moderate X Table 376: Town of Tiburon Critical Facilities Source: Town of Tiburon 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-38 TOWN OF TIBURON COMMUNITY PROFILE Figure 712: Town of Tiburon Critical Facilities Source: Marin County OEM 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-39 TOWN OF TIBURON COMMUNITY PROFILE 1.10 HISTORICAL PROPERTIES The Town of Tiburon has four registered historically significant homes, public buildings, or landmarks. To inventory these resources, the Marin County OA MJHMP Planning Team collected information from a number of sources: • California Department of Parks and Recreation Office of Historic Preservation (OHP) OHP is responsible for the administration of federally and state mandated historic preservation programs to further the identification, evaluation, registration, and protection of California’s irreplaceable archaeological and historical resources. OHP administers the National Register of Historic Places, the California Register of Historical Resources, California Historical Landmarks, and the California Points of Historical Interest programs. • Town of Tiburon Chamber of Commerce. • Town of Tiburon website. As defined by the National Environmental Policy Act (NEPA), any property over 50 years of age is considered a potential historic resource and is potentially eligible for the National or California Register. Thus, in the event that the property is to be altered, or has been altered, as the result of a major federal action, the property must be evaluated under the guidelines set forth by NEPA. Structural mitigation projects are considered alterations for the purpose of this regulation. Similar regulations exist for buildings under the California Environmental Quality Act (CEQA) Table 14: Historic Sites in Tiburon Name/Landmark State Plaque Number National Register (NR) State Landmark California Register Date Listed (NR) Jurisdiction Angel Island, U.S. Immigration Station (529) X X X 10/14/1971 Tiburon Lyford's Stone Tower X 12/2/1976 Tiburon Benjamin and Hilarita Lyford House X 11/10/2000 Tiburon St. Hilary's Mission Church X 2/3/2020 Tiburon San Francisco and North Pacific Railroad Station House-Depot X 8/4/1995 Tiburon Table 377: Historic Sites in Tiburon Source: California Office of Historic Preservation and the National Register of Historic Places 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-40 TOWN OF TIBURON COMMUNITY PROFILE SECTION 2.0: HAZARD IDENTIFICATION AND RISK ASSESSMENT The Town of Tiburon identified hazards that affect the town and developed natural hazard profiles based upon the countywide risk assessment, past events and their impacts. Figure 13 shows the top hazards that the Jurisdiction is at risk from according to the hazard mitigation Steering Committee. Figure 713: Town of Tiburon Risk Assessment – Planning Team Top Hazards Figure 14: Risk Rank Categorization Risk Level Risk Numerical Score High Risk 12 - 16 Serious Risk 8 - 11 Moderate Risk 4 - 7 Low Risk 1 - 3 Figure 714: Hazard Risk Categorization Each Marin County MJHMP participating jurisdiction and organization reviewed and approved the Top Hazards identified by the Planning Team. Each participating jurisdiction and district then completed a more complex assessment tool to further develop their hazard assessment and prioritization. The planning process used the available FEMA tools to evaluate all the possible threats faced. The primary tool selected was the Hazard Assessment and Prioritization Tool. This matrix allowed the participating jurisdiction or organization to assess their own level of vulnerability and 16 16 16 15 15 15 15 14 13 10 5 00 2 4 6 8 10 12 14 16 18 Weighted Rank Percentage ValueHazard Types Hazards by Rank 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-41 TOWN OF TIBURON COMMUNITY PROFILE mitigation capability. Each participating Jurisdiction and organization assessed the top hazards for: • Probability/ Likelihood of Future Events • Geographic Extent • Magnitude/ Severity • Climate Change Influence • Significance Probability/ Likelihood of Future Events • Unlikely: Occurs in intervals greater than 100 years - Less than 1% probability of occurrence in the next year or a recurrence interval greater than 100 years. • Occasional: Occurring every 11 to 100 years - 1-10% probability of occurrence in the next year or a recurrence interval of 11 to 100 years. • Likely: Occurring every 1 to 10 years - 10-90% probability of occurrence in the next year or recurrence interval of 1 to 10 years. • Highly Likely: Occurring almost every year - 90-100% probability of occurrence in the next year or a recurrence interval of less than 1 year. Geographic Extent • Negligible: Less than 10% of the planning area • Limited: 10-25% of the planning area • Significant: 25-75% of planning area • Extensive: 75-100% of planning area Magnitude/ Severity • Weak: Limited classification on scientific scale, slow speed of onset or short duration of event, resulting in little to no damage. • Moderate: Moderate classification on scientific scale, moderate speed of onset or moderate duration of event, resulting in some damage and loss of services for days. • Severe: Severe classification on scientific scale, fast speed of onset or long duration of event, resulting in devastating damage and loss of services for weeks or months. • Extreme: Extreme classification on scientific scale, immediate onset or extended duration of event, resulting in catastrophic damage and uninhabitable conditions. Table 15: Select Hazards Magnitude and Severity Scale Hazard Scale/Index Weak Moderate Severe Extreme Drought Palmer Drought Severity Index +1.99 to -1.99 -2.00 to -2.99 -3.00 to -3.99 -4.00 and below Earthquake Modified Mercalli I to IV V to VII VIII IX to XII Richter Magnitude 2,3 4,5 6 7,8 Tornado Fujita Tornado Damage Scale FO F1, F2 F3 F4, F5 Table 378: Select Hazards Magnitude/ Severity Scale or Index 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-42 TOWN OF TIBURON COMMUNITY PROFILE Climate Change Influence • Low: Minimal potential impact • Medium: Moderate potential impact • High: Widespread potential impact Significance • Low: Minimal potential impact - Two or more criteria fall in lower classifications, or the event has a minimal impact on the planning area. This rating is sometimes used for hazards with a minimal or unknown record of occurrences or for hazards with minimal mitigation potential. • Medium: Moderate potential impact - The criteria fall mostly in the middle ranges of classifications and the event’s impacts on the planning area are noticeable but not devastating. This rating is sometimes used for hazards with a high extent rating but very low probability rating. • High: Widespread potential impact - The criteria consistently fall in the high classifications and the event is likely/highly likely to occur with. 2.1 CLIMATE CHANGE The County of Marin and associated jurisdictions profiled jointly recognize that the earth’s climate is forcibly being augmented due to humans’ reliance on fossil fuels and non-natural resources which pose negative impacts on the earth’s climate. Reliance on fossil fuels and non- natural products results in the climate shifting to include unseasonable temperatures, more frequent and intense storms, prolonged heat and cold events, and a greater reliance on technological advancements to maintain the wellbeing of community members and balance of the environment. The forced adaptation to climatic shifts is necessary for the County and jurisdictions to understand and include with these assessments. Locally to Marin, drought and rain events have already had devastating impacts to critical infrastructure, agriculture, and water resources; and globally, unseasonable temperatures have been identified as the cause for enhanced wildfires, severe droughts, ice sheets and glaciers disappearing, and persons emigrating from their countries due to a lack of sustainable, local resources. Melting land ice contributes additional water to the oceans and as ocean temperatures rise the water expands, both of which contribute to increase rates of sea level rise. Marin is bordered on the west by the Pacific Ocean and on the east by San Francisco Bay, making it particularly vulnerable to flooding and erosion caused by sea level rise. The cause of current climate change is largely human activity, burning fossil fuels, natural gas, oil, and coal. Burning these materials releases greenhouse gases into Earth’s atmosphere. Greenhouse gases trap heat from the sun’s rays inside the atmosphere causing Earth’s average temperature to rise. This rise in the planet's temperature was formerly called, “global warming”, but climate change has shown to include both intense heat and cold shifts. The warming of the planet impacts local and regional climates. Throughout Earth's history, climate has continually changed; however, when occurring naturally, this is a slower process that has taken place over hundreds and thousands of years. The human influenced climate change that is happening now is occurring at an abnormally faster rate with devastating results. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-43 TOWN OF TIBURON COMMUNITY PROFILE GLOBAL OBSERVED AND PROJECTED IMPACTS AND RISKS Source: Intergovernmental Panel on Climate Change, Headline Statements from the Summary for Policymakers, 2022 • Human-induced climate change, including more frequent and intense extreme events, has caused widespread adverse impacts and related losses and damages to nature and people, beyond natural climate variability. • Global warming, reaching 1.5°C in the near-term, would cause unavoidable increases in multiple climate hazards and present multiple risks to ecosystems and humans. • Beyond 2040 and depending on the level of global warming, climate change will lead to numerous risks to natural and human systems. • The magnitude and rate of climate change and associated risks depend strongly on near-term mitigation and adaptation actions, and projected adverse impacts and related losses and damages escalate with every increment of global warming. • Multiple climate hazards will occur simultaneously, and multiple climatic and non-climatic risks will interact, resulting in compounding overall risk and risks cascading across sectors and regions. FUTURE TRENDS/ IMPACTS Source: Study Confirms Climate Models are Getting Future Warming Projections Right – Climate Change: Vital Signs of the Planet (nasa.gov) Global Warming • If global warming transiently exceeds 1.5°C in the coming decades or later, then many human and natural systems will face additional severe risks. • An estimated 60% of today’s methane emissions are the result of human activities. The largest sources of methane are agriculture, fossil fuels, and decomposition of landfill waste. • The concentration of methane in the atmosphere has more than doubled over the past 200 years. Scientists estimate that this increase is responsible for 20 to 30% of climate warming since the Industrial Revolution (which began in 1750). • According to the most recent National Climate Assessment, droughts in the Southwest and heat waves (periods of abnormally hot weather lasting days to weeks) are projected to become more intense, and cold waves less intense and less frequent. • The last eight years have been the hottest years on record for the globe. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-44 TOWN OF TIBURON COMMUNITY PROFILE Figure 715: NASA Global Temperature Change CO2 Gas Source: NASA Global Climate Change, 2022 Figure 716: NASA Global Temperature Change 1884 to 2022 Source: NASA Global Climate Change, 2022 Drought • A NASA-led study in 2022 concluded that the 22-year-long megadrought in southwestern US was the driest the territory had experienced in at least 1,200 years and was expected to persist through at least 2022. Sea Level Rise • Global sea levels are rising as a result of human-caused global warming, with recent rates being unprecedented over the past 2,500-plus years. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-45 TOWN OF TIBURON COMMUNITY PROFILE • U.S. Sea Level Likely to Rise 1 to 6.6 Feet by 2100. • Global sea level has risen about 8 inches (0.2 meters) since reliable record-keeping began in 1880. By 2100, scientists project that it will rise at least another foot (0.3 meters), but possibly as high as 6.6 feet (2 meters) in a high-emissions scenario. • Sea ice cover in the Arctic Ocean is expected to continue decreasing, and the Arctic Ocean will very likely become essentially ice-free in late summer if current projections hold. This change is expected to occur before mid-century. • An indicator of changes in the Arctic sea ice minimum over time. Arctic sea ice extent both affects and is affected by global climate change. Figure 717: NASA Global Temperature Change Sea Level Source: NASA Global Climate Change, 2022 Wildfire • Warming temperatures have extended and intensified wildfire season in the West, where long-term drought in the region has heightened the risk of fires. • Scientists estimate that human-caused climate change has already doubled the area of forest burned in recent decades. By around 2050, the amount of land consumed by wildfires in Western states is projected to further increase by two to six times. • Even in traditionally rainy regions like the Southeast, wildfires are projected to increase by about 30%. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-46 TOWN OF TIBURON COMMUNITY PROFILE Flooding (Precipitation) • Climate change is having an uneven effect on precipitation (rain and snow) in the United States, with some locations experiencing increased precipitation and flooding, while others suffer from drought. • On average, more winter and spring precipitation is projected for the northern United States, and less for the Southwest, over this century. • Projections of future climate over the U.S. suggest that the recent trend toward increased heavy precipitation events will continue. This means that while it may rain less frequently in some regions (such as the Southwest), when it does rain, heavy downpours will be more common. Extreme Cold • The length of the frost-free season, and the corresponding growing season, has been increasing since the 1980s, with the largest increases occurring in the western United States. According to the California Natural Resource Agency (CNRA), climate change is already affecting California and is projected to continue to do so well into the foreseeable future. Current and projected changes include increased temperatures, sea level rise, a reduced winter snowpack, altered precipitation patterns, and more frequent storm events. Over the long term, reducing greenhouse gases can help make these changes less severe, but the changes cannot be avoided entirely. Unavoidable climate impacts result in a variety of secondary consequences including detrimental impacts on human health and safety, economic continuity, ecosystem integrity and provision of basic services. Climate change is being profiled in the 2023 Marin County OA MJHMP as a standalone hazard while addressing each of the other natural hazards. The Marin County OA is considering climate change issues when identifying future mitigation actions. California is experiencing a climate crisis that is increasingly taking a toll on the health and well- being of its people and on its unique and diverse ecosystems. Every Californian has suffered from the effects of record high temperatures, dry winters, prolonged drought, and proliferating wildfires in recent years. California’s biodiversity is threatened as alterations to habitat conditions brought about by a changing climate are occurring at a pace that could overwhelm the ability of plant and animal species to adapt. Indicators of Climate Change in California Source: 2022 Report: Indicators of Climate Change in California | OEHHA • Since 1895, annual average air temperatures in California have increased by about 2.5 degrees Fahrenheit (°F). Warming occurred at a faster rate beginning in the 1980s. • Recent years have been especially warm: Eight of the ten warmest years on record occurred between 2012 and 2022; 2014 was the warmest year on record. • Of all the Western states, California endured the hottest temperatures for the longest time, driving the average statewide temperature to the second warmest over the past 128 years. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-47 TOWN OF TIBURON COMMUNITY PROFILE • Extreme heat ranks among the deadliest of all climate-driven hazards in California, with physical, social, political, and economic factors effecting the capacity of individuals, workers, and communities to adapt, and with the most severe impacts often on communities who experience the greatest social and health inequities. • Glaciers have essentially disappeared from the Trinity Alps in Northern California • In 2020, wildfire smoke plumes were present in each county for at least 46 days. • The 2022 fire season saw more fires than the previous fire season along with continued extreme drought and heat conditions. • The drought, begun in 2019, was the third statewide drought declared in California since 2000. • This drought has been marked by extreme swings; the state received record-breaking amounts of precipitation in October and December 2021 that were offset by the driest January, February, and March 2022 dating back more than 100 years. The year 2023 opened with California simultaneously managing both drought and flood emergencies. • A series of storms in late December 2022 and early January 2023 broke rural levees, disrupted power, flooded roads, downed trees, and eroded coastal land. • Sea level rise accelerates coastal erosion, worsens coastal flooding during large storms and peak tidal events, and impacts important infrastructure positioned along our state’s 1,100-mile coast. • The western drought which impacted all of California and the western United States was nearly lifted due to unseasonably heavy rains in late 2022 and early 2023. The graph below shows the relative change, in millimeters, in sea levels at Crescent City (1933- 2020), San Francisco (1900-2020), and La Jolla (1925-2020). Figure 718: Annual Mean Sea Level Trends Source: 2022 Report: Indicators of Climate Change in California | OEHHA Climate Change in the Marin County Operational Area Climate change is already having significant impacts across California. Temperatures are warming, heat waves are more frequent, and precipitation has become increasingly variable. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-48 TOWN OF TIBURON COMMUNITY PROFILE Climate change will continue to alter Marin County OA ecosystems as a result of rising temperatures, changes in precipitation, and sea level rise, which will increase the severity and occurrence of natural hazards across the Marin County OA well into the future. Coastal cooling processes that keep temperatures down, such as fog, will continue to decrease. Rising temperatures will exacerbate drought conditions and raise the potential for significant wildfires and associated smoke as vegetation becomes drier and tree mortality increases. Forested woodlands that play a major role in carbon reduction will gradually transition into chaparral and shrublands. There will be more extreme storms and weather events, including expanded heat waves and increased rain events with changes in precipitation. Significant rain events will lead to an increase in flooding and the potential for severe landslides. Shoreline communities will become inundated with sea level rise and high tide events. Marshlands and wetlands that act as natural storm barriers will disappear as they transition into open water. Notable impacts from climate change that are already evident in the Marin County OA and surrounding region as identified in a 2020 Marin County Civil Grand Jury Report include: • From 1895-2018, the average temperature in Marin County increased by 2.3 degrees Fahrenheit. • Over the past century, sea level rise in the San Francisco Bay Area rose by eight inches and has accelerated rapidly since 2011. • The threat of wildfires in 2019 was so severe that Pacific Gas and Electric shut off electric power to the County for multiple days. Climate change will continue to affect homes, businesses, infrastructure, utilities, transportation systems and agriculture across the Marin County OA. The risk to socially vulnerable populations will increase as they feel the immediate impacts of climate change more significantly and are less able to adapt to climate change and recover from its impacts. The Marin County OA has adopted numerous planning initiatives and mitigation measures to help combat the effects of climate change across the OA. The Marin Climate Energy Partnership (MCEP), which is a partnership program of Marin County jurisdictions, the County, and Marin County regional agencies, adapted a model Climate Action Plan (CAP) that is intended to support countywide implementation efforts and is currently being used to update additional climate action plans for other jurisdictions in Marin County. The CAP supports the Climate Action Plan for the unincorporated County, which was completed in 2020. The MCEP also collects data and report on progress in meeting each County jurisdictions’ individual greenhouse gas emission targets. In June 2023, the County published the Greenhouse Gas Inventory for Unincorporated Community Emissions for the Year 2021. Marin County OA jurisdictions have already met their greenhouse reduction goals for 2020 and are about halfway to meeting the statewide goal to reduce emissions 40% below 1990 levels by the year 2030. Marin County also formed a Sea Level Marin Adaptation Response Team in 2018 and had a Sea Level Rise Vulnerability Assessment and associated Adaptation Report completed for the County and each of its jurisdictions in 2017 as part of their Bay Waterfront Adaptation and Vulnerability Evaluation. Additional Marin County OA climate change mitigation initiatives include Marin Clean Energy, Electrify Marin, the Marin Solar Project, the Marin Energy Watch Partnership, Resilient Neighborhoods, and Drawdown: Marin. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-49 TOWN OF TIBURON COMMUNITY PROFILE 2.2 HAZARDS Of the hazards profiled in the Marin County MJHMP, those noted in the table are specific for the Town of Tiburon as per the planning team. Table 16: Town of Tiburon Hazard Risk Assessment Hazard Probability/ Likelihood of Future Events Extent Magnitude/ Severity Climate Change Influence Significance Risk Score Debris Flow Occasional Extensive Severe Medium Medium 13.00 Drought Highly Likely Extensive Moderate High High 16.00 Earthquake Highly Likely Extensive Extreme None High 15.00 Flooding Highly Likely Limited Severe High Medium 14.00 Land Subsidence (Sinkhole) Occasional Limited Moderate Medium Medium 10.00 Levee Failure Unlikely Negligible None None High 5.00 Sea Level Rise Highly Likely Limited Extreme High High 16.00 Severe Weather – Extreme Heat Highly Likely Extensive Moderate High Medium 15.00 Severe Weather – Wind, Tornado Highly Likely Extensive Moderate High Medium 15.00 Tsunami Highly Likely Limited Extreme Medium High 15.00 Wildfire Highly Likely Significant Severe High High 16.00 Table 379: Town of Tiburon Hazard Risk Assessment Source: Town of Tiburon Omitted Hazards Dam Failure: The Town of Tiburon does not have any exposure to flood water inundation resulting from a dam failure. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-50 TOWN OF TIBURON COMMUNITY PROFILE Table 17: County of Marin Hazard Risk Assessment Hazard Probability/ Likelihood of Future Events Geographic Extent Magnitude/ Severity Climate Change Influence Significance Risk Score Dam Failure Unlikely Negligible Extreme Low Medium 9.00 Debris Flow Occasional Extensive Severe Medium Medium 13.00 Drought Highly Likely Extensive Moderate High High 16.00 Earthquake Highly Likely Extensive Extreme None High 15.00 Flooding Highly Likely Limited Severe High Medium 14.00 Land Subsidence Occasional Limited Moderate Medium Medium 10.00 Levee Failure Unlikely Negligible Moderate None High 7.00 Sea Level Rise Highly Likely Limited Extreme High High 16.00 Severe Weather – Extreme Heat Highly Likely Extensive Moderate High Medium 15.00 Severe Weather – High Wind/Tornado Highly Likely Extensive Moderate High Medium 15.00 Tsunami Highly Likely Limited Extreme Medium High 15.00 Wildfire Highly Likely Significant Severe High High 16.00 Table 380: Hazard Risk Assessment Source: Marin County 2.2.1 DEBRIS FLOWS For the purposes of the Marin County OA MJHMP, debris flows are classified as landslides (including rockslides) and mud flows. A landside is the breaking away and gravity-driven downward movement of hill slope materials, which can travel at speeds ranging from fractions of an inch per year to tens of miles per hour depending on the slope steepness and water content of the rock/soil mass. Landslides range from the size of an automobile to a mile or more in length and width and, due to their sheer weight and speed, can cause serious damage and loss of life. The rate of a landslide is affected by the type and extent of vegetation, slope angle, degree of water saturation, strength of the rocks, and the mass and thickness of the deposit. Some of the natural causes of this instability are earthquakes, weak materials, stream and coastal erosion, and heavy rainfall. In addition, certain human activities tend to make the earth materials less stable and increase the chance of ground failure. These activities include extensive irrigation, poor drainage or groundwater withdrawal, removal of stabilizing vegetation and over-steepening of slopes by undercutting them or overloading them with artificial fill. These activities can cause slope failure, which normally produce landslides. Landslide material types are often broadly categorized as either rock or soil, or a combination of the two for complex movements. Rock refers to hard or firm bedrock that was intact and in 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-51 TOWN OF TIBURON COMMUNITY PROFILE place prior to slope movement. Soil, either residual or transported material, means unconsolidated particles. The distinction between rock and soil is most often based on interpretation of geomorphic characteristics within landslide deposits but can also be inferred from geologic characteristics of the parent material described on maps or in the field. Landslide movements are also based on the geomorphic expression of the landslide deposit and source area, and are categorized as falls, topples, spreads, slides, or flows. Falls are masses of soil or rock that dislodge from steep slopes and free fall. Topples move by the forward pivoting of a mass around an axis below the displaced mass. Lateral spreads move by horizontal extension and shear or tensile fractures. Slides displace masses of material along one or more discrete planes and can either be rotational or transitional. Flows mobilize as a deforming, viscous mass without a discrete failure plane. Natural conditions that contribute to landslide include the following: • Degree of slope • Water (heavy rain, river flows, or wave action) • Unconsolidated soil or soft rock and sediments • Lack of vegetation (no stabilizing root structure) • Previous wildfires and other forest disturbances • Road building, excavation and grading • Earthquake In addition, many human activities tend to make the earth materials less stable and, thus, increase the chance of ground movement. Human activities contribute to soil instability through grading of steep slopes or overloading them with artificial fill, by extensive irrigation, construction of impermeable surfaces, excessive groundwater withdrawal, and removal of stabilizing vegetation. Another hazard related to landslide and erosion is the fall of a detached mass of rock from a cliff or down a very steep slope (rockfall). Weathering and decomposition of geological materials produce conditions favorable to rockfalls. Other causes include ice wedging, root growth, or ground shaking (earthquake). Destructive landslides and rockfalls usually occur very suddenly with little or no warning time and are short in duration. Landslide susceptibly can be characterized by looking at both slope class and rock strength. Landslide susceptibility classes express the generalization that on very low slopes, landslide susceptibility is low even in weak rock, and that landslide susceptibility increases with slope and in weaker rocks. Very high landslide susceptibility includes very steep slopes in hard rocks and moderate to very steep slopes in weak rocks. Figure 19 shows landslide susceptibility classes. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-52 TOWN OF TIBURON COMMUNITY PROFILE Figure 719: Landslide Susceptibility Classes Source: USGS A mud flow is a general term for a mass-movement landform and process characterized by a flowing mass of fine-grained earth material with a high degree of fluidity. Heavy rainfall, snowmelt, or high levels of groundwater flowing through cracked bedrock may trigger a movement of soil or sediments. Floods and debris flows may also occur when strong rains on hill or mountain slopes cause extensive erosion and/or what is known as "channel scour." Some broad mud flows are rather viscous and therefore slow; others begin very quickly and continue like an avalanche. Mud flows are composed of at least 50% silt and clay-sized materials and up to 30% water. The point where a muddy material begins to flow depends on its grain size and the water content. Fine grainy material or soil has a smaller friction angle than a coarse sediment or a debris flow, but falling rock pieces can trigger a material flow, too. When a mud flow occurs it is given four named areas, the 'main scarp', in bigger mud flows the 'upper and lower shelves', and the 'toe'. See Figure 20 for the typical areas of a mud flow, with shelves (right) and without (left). The main scarp will be the original area of incidence, the toe is the last affected area(s). The upper and lower shelves are located wherever there is a large dip (due to mountain or natural drop) in the mud flow's path. A mud flow can have many shelves. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-53 TOWN OF TIBURON COMMUNITY PROFILE Figure 720: Mud Flow Areas Source: Washington Department of Natural Resources If large enough, mud flows can devastate villages and country-sides. Mud flows are common in mountain areas prone to wildfire, where they have destroyed many homes built on hillsides without sufficient support after fires destroy vegetation holding the land. The area most generally recognized as being at risk of a dangerous mud flow are: • Areas where wildfires or human modification of the land have destroyed vegetation • Areas where landslides have occurred before • Steep slopes and areas at the bottom of slopes or canyons • Slopes that have been altered for construction of buildings and roads • Channels along streams and rivers • Areas where surface runoff is directed A landslide in Tiburon would most likely occur in areas where the terrain is steeper and is more susceptible to movement of hill slope materials. Most of Tiburon has areas of steeper terrain, with the area around the Ring Mountain Open space preserve on the north side of the town, the area around the numerous open spaces in the middle of the town, and the area around the Tiburon Uplands Nature Preserve and the Old St. Hilary Open Space Preserve on the south side of the town being most susceptible. These areas are primarily residential and consist of numerous winding streets and hillside homes that could be damaged or destroyed by a landslide. Both Tiburon Boulevard and Paradise Drive, the only two primary access points to the Tiburon Peninsula, both have sections with high landslide susceptible. The Bel Aire School, the Del Mar School, the St. Hilary School, several health care facilities and a Marin Emergency Radio Authority antenna site lie in or directly adjacent to areas of high landslide susceptibility. Most of the downtown commercial core of Tiburon has little to no landslide susceptibility. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-54 TOWN OF TIBURON COMMUNITY PROFILE Figure 721: Town of Tiburon Debris Flow Critical Facilities and Infrastructure Source: Marin County OEM 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-55 TOWN OF TIBURON COMMUNITY PROFILE A landslide having major impacts on any of the roads on the Tiburon Peninsula could affect the ability of residents to reach their homes and could affect the provision of emergency and essential services. An earthquake has the potential to cause landslides in the areas of Tiburon with landslide susceptibility. A wildfire and subsequent rain event in the Ring Mountain Open Space Preserve, any of the open spaces in the center of the town, or in the Tiburon Uplands Nature Preserve and Old St. Hilary Open Space Preserve could potentially contribute to debris flows and mudslides in Tiburon. There are no creeks that flow directly into Tiburon that could contribute to debris flows, though the area around Blackie’s Pasture along Richardson Bay serves as a natural alluvial fan for drainage from parts of the Ring Mountain Open Space Preserve through Belveron Mini-Park. There are also numerous small canyons in the Tiburon Open Space Preserve and the Old St. Hillary Open Space Preserve that could channel debris flows into Tiburon after a wildfire and subsequent rain event. In February 2019, winter storms caused a section of Vistazo West halfway between the Lyford Drive turnoff and the Old St. Hilary Open Space Preserve trailhead to wash out after runoff overwhelmed the storm-drain system and undermined the roadbed, and a landslide occurred on Paradise Drive. Figure 722: Landslide in Vistazio West (Tiburon) - February 2019 Source: The Ark On 12/16/2014, a December storm caused a mudslide behind a home on Venado Drive and a resident had to be evacuated. The storm also overwhelmed a marsh on Tiburon Boulevard, sending muddy water into the Town Hall and local businesses. From 1/3–1/5/1982, a severe storm caused a mudslide that collapsed several homes, resulting in fatalities. Climate Change and Future Development Considerations Extreme storm events and more frequent wildfires as a result of climate change have the potential to increase the amount and severity of landslides, including disastrous debris flows. Climate change is leading to more volatile precipitation patterns around the world with very dry stretches punctuated by storms that drop large amounts of rain in a short amount of time. Landslides in wetter regions of California, including the Marin County OA, move on average faster and farther downhill during rainy periods compared to drought years, according to a 2022 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-56 TOWN OF TIBURON COMMUNITY PROFILE study by the American Geophysical Union (AGU)47, showing the increased potential for landslides in the Marin County OA in rainy years. As development increases in the numerous canyons and around the many open spaces of the Marin County OA, the potential for significant impacts from a landslide and/or mudflow increases. Further development of the residential areas of Tiburon that have a higher landslide susceptibility, including the numerous open spaces around town, will expose more people and property to landslide risk. With increased wildfire potential as a result of climate change, more residents throughout Tiburon could be susceptible to post-fire debris flows. Future development should take into account the movement of mud and debris after a major rain event, particularly down streets and driveways in areas where there are no natural water channels. Adequate space adjacent to open spaces should be maintained free of development to allow for the passage of mud and debris, and catchment basins should be built in these areas to help capture any excess mud and debris. 2.2.2 DROUGHT A drought is a deficiency in precipitation over an extended period, usually a season or more, resulting in a water shortage causing adverse impacts on vegetation, animals, and/or people. It is a normal recurrent feature of climate that occurs in virtually all climate zones, from very wet to very dry. Drought is a temporary aberration from normal climatic conditions and can thus vary significantly from one region to another. Droughts occur slowly, over a multi-year period, and it is often not obvious or easy to quantify when a drought begins and ends. Drought is a complex issue involving many factors—it occurs when a normal amount of moisture is not available to satisfy an area’s usual water-consuming activities. There are several types of drought which can often be defined regionally based on its effects: • Meteorological drought is usually defined by a period of below average water supply, based on the degree of dryness (in comparison to normal or average) and the duration of the dry period. Drought onset generally occurs with a meteorological drought. • Agricultural drought occurs when there is an inadequate water supply to meet the needs of the state’s crops and other agricultural operations such as livestock. Agricultural drought links various characteristics of meteorological (or hydrological) drought to agricultural impacts, focusing on precipitation shortages, soil water deficits, reduced ground water or reservoir levels needed for irrigation. • Hydrological drought is defined as deficiencies in surface and subsurface water supplies. It is generally measured as stream flow, snowpack, and as lake, reservoir, and groundwater levels. Hydrological drought usually occurs following periods of extended precipitation shortfalls. • Socioeconomic drought occurs when a drought impacts health, well-being, and quality of life, or when a drought starts to have an adverse economic impact on a region. 47 Landslide Sensitivity and Response to Precipitation Changes in Wet and Dry Climates. https://agupubs.onlinelibrary.wiley.com/doi/10.1029/2022GL099499 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-57 TOWN OF TIBURON COMMUNITY PROFILE Drought can occur in all areas of Tiburon, though it’s effects would be most felt in the hilly areas where the risk of wildfire would increase. An increase in brush fires as a result of drought could impact local businesses and residences in the area. Dry trees in public spaces and in the tree- lined hillside neighborhoods of Tiburon can become a safety hazard to the public due to falling limbs or the toppling of the tree itself. Climate Change and Future Development Considerations Climate change increases the odds of worsening drought. Warmer temperatures enhance evaporation, which reduces surface water and dries out soils and vegetation. This makes periods with low precipitation in the summer drier than they would be in cooler conditions. Climate also alters the timing of water availability as warmer winter temperatures cause less precipitation to fall. During droughts, communities in the Marin County OA including Tiburon may have limited access to water for household use, including drinking, cooking, cleaning, and watering plants, as well as for agriculture, transportation, and power generation. Drought may lead to higher water costs, rationing, or even the decimation of important water sources like wells in the Marin County OA. As more people move into the Marin County OA and Tiburon, additional strain will be placed on the OA’s water supply. Drought can affect livestock and crops in the Marin County OA, impacting its economy. Drought can increase the occurrence and severity of wildfires and tree mortality in the Marin County OA including in the open spaces in and around Tiburon. Impacts to residents and infrastructure from wildfire as a result of drought will increase as more development occurs in the mountainous and hilly areas of the Marin County OA including Tiburon where wildfires are more likely to occur. Future development in the hilly areas of Tiburon around its open spaces could expose people to drier summer conditions that could increase their vulnerability to wildfire. Drought also increases the amount of carbon dioxide in the atmosphere, including by decreasing land productivity, which reduces the amount of vegetation storing carbon dioxide. In addition, increases in drought-related wildfire and soil erosion can release carbon dioxide sequestered in trees and plants back into the atmosphere. This will only worsen climate change for the Marin County OA into the future. When considering future development, the Marin County OA including Tiburon can help prepare for both future droughts and climate change by practicing and promoting water conservation and enhancing water efficiency throughout landscapes, town plans, and water infrastructure. The Marin County OA can also identify alternative water supplies, create drought emergency plans, and encourage farmers to plant drought-resistant crops. 2.2.3 EARTHQUAKE Earthquakes are sudden rolling or shaking events caused by movement under the earth’s surface. Earthquakes happen along cracks in the earth's surface, called fault lines, and can be felt over large areas, although they usually last less than one minute. The amount of energy released during an earthquake is usually expressed as a magnitude and is currently measured by seismologists on the Moment Magnitude (Mw Scale). The Mw Scale was developed to succeed the previously used Richter Scale and is measured on a scale of zero to ten with increasing values reflecting increasing intensity. The other commonly used measure of earthquake severity is intensity, which is an expression of the amount of shaking at any given location on the ground service. Intensity is most commonly measured on the Modified Mercalli Intensity (MMI) Scale (see Figure 23). 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-58 TOWN OF TIBURON COMMUNITY PROFILE Figure 723: Modified Mercalli Intensity Scale Source: USGS Figure 24 gives intensities (measured on the MMI scale) that are typically observed at locations near the epicenter or earthquakes of different magnitudes. Figure 724: Mercalli Scale vs. Magnitude Source: USGS The extent of ground shaking also depends in large part on how soft the underlying soil is. Soft soils amplify ground shaking (see Figure 25). This was observed during the 1989 Loma Prieta Earthquake when the most significant damages experienced in San Francisco were in the Marina District, which was built on fill. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-59 TOWN OF TIBURON COMMUNITY PROFILE Figure 725: Soil Types Source: USGS An earthquake fault is defined as “a fracture or fracture zone in the earth’s crust along which there has been displacement of the sides relative to one another.” For the purpose of planning there are two types of faults, active and inactive. Active faults have experienced displacement in historic time, suggesting that future displacement may be expected. Inactive faults show no evidence of movement in recent geologic time, suggesting that these faults are dormant. Two types of fault movement represent possible hazards to structures in the immediate vicinity of the fault: fault creep and sudden fault displacement. Fault creep, a slow movement of one side of a fault relative to the other, can cause cracking and buckling of sidewalks and foundations even without perceptible ground shaking. Sudden fault displacement occurs during an earthquake event and may result in the collapse of buildings or other structures that are found along the fault zone when fault displacement exceeds an inch or two. The only protection against damage caused directly by fault displacement is to prohibit construction in the fault zone. An earthquake could occur anywhere in and around Tiburon due to the number of active faults within and near Marin County. Earthquake Shake Intensity The colors on Figures 32 and 33 represent the level of ground shaking intensity of a potential future earthquake. The result is expressed as the level of ground shaking (expressed as a percentage of gravity) that on average occurs every 500 years. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-60 TOWN OF TIBURON COMMUNITY PROFILE This map shows the expected relative intensity of ground shaking and damage in California from anticipated future earthquakes. The shaking potential is calculated as the level of ground motion that has a 2% chance of being exceeded in 50 years, which is the same as the level of ground-shaking with about a 2500 year average repeat time. The relatively long-period (1.0 second) earthquake shaking is shown here. Long period-shaking affects tall, relatively flexible buildings, but also correlates well with overall earthquake damage. Earthquake Shaking Potential Maps for California depict expected intermediate period (1s or 1hz) ground motions with 2% exceedance probability in 50 years. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-61 TOWN OF TIBURON COMMUNITY PROFILE Figure 726: Marin County Earthquake Impact and Fault Lines Source: Marin County OEM 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-62 TOWN OF TIBURON COMMUNITY PROFILE Figure 727: Town of Tiburon Earthquake Critical Facilities and Infrastructure Source: Marin County OEM 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-63 TOWN OF TIBURON COMMUNITY PROFILE Tiburon is located directly between the San Andreas and Hayward faults. A moderate to extreme earthquake originating from either of these major faults or any of the other faults in the region could have major impacts to the town. All buildings located in Tiburon are vulnerable to earthquake damage, but depending upon construction, some buildings are expected to perform better than others. There is increased risk of shaking and liquefaction in lowland areas of Tiburon from an earthquake, particularly in the downtown commercial area, the areas north of Blackie’s Pasture and the Cove Shopping Center, and on Tiburon Boulevard along Richardson Bay where superficial deposits and fill are more prevalent. There are hundreds of residences, numerous commercial buildings, and several critical facilities including the Bel Aire School the Reed School, the Tiburon Police Department and Town Hall (including the Emergency Operation Center for both Tiburon and Belvedere) and the Tiburon Fire Protection District Station #11 that like in areas of the town with higher earthquake shaking vulnerability. Vulnerable structures include bridges and older buildings that have not undergone major seismic retrofitting. Utility infrastructure throughout the town could be impacted by an earthquake. Earthquakes could also cause landslides in open space areas around Tiburon with steeper terrain, causing damage to homes and roads as a result of shifting soils. Tiburon hasn’t yet experienced a significant earthquake. Marin County was sparsely populated at the time of the 1906 San Francisco Earthquake, and the effects across the County were relatively minimal. Likewise, the 1989 Loma Prieta Earthquake caused minimal impacts across Marin County as the epicenter of the quake was further south in Santa Cruz County. Smaller earthquakes with minimal to no impacts are routinely felt in Tiburon. Climate Change and Future Development Considerations There is no direct link between climate change and seismic activity that could impact the Marin County OA including Tiburon, so climate change is not expected to cause any changes to the frequency or intensity of seismic shaking. According to a 2018 study by the Institute of Physics (IOP)48, climate change could result in “isostatic rebounds,” or a sudden upward movement of the crust because of reduced downward weight caused by glaciers. As glaciers are known to melt when overall global temperatures increase, climate change could indirectly lead to an increase in seismicity in the Marin County OA including Tiburon. Climate change could also impact earthquakes felt in the Marin County OA as droughts can further deteriorate existing fault lines and pumping groundwater can put further pressure on the earth’s crust. Future development in the populated areas of Marin County OA where seismic shaking and subsidence are more prevalent could exacerbate the impacts of an earthquake. This includes the lowlands of Tiburon, where the risk of subsidence and subsequent earthquake shaking are higher. Future development in these areas could expose more people and infrastructure to earthquake shaking as a result of climate change. 48 An Enhanced Seismic Activity Observed Due to Climate Change: Preliminary Results from Alaska. https://iopscience.iop.org/article/10.1088/1755-1315/167/1/012018 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-64 TOWN OF TIBURON COMMUNITY PROFILE 2.2.4 FLOODING Flooding is the rising and overflowing of a body of water onto normally dry land. Floods are among the costliest natural disasters in terms of human hardship and economic loss nationwide. The area adjacent to a channel is the floodplain. Floodplains are illustrated on inundation maps, which show areas of potential flooding and water depths. In its common usage, the floodplain most often refers to that area that is inundated by the 100-year flood, the flood that has a one percent chance in any given year of being equaled or exceeded. The 100-year flood is the national minimum standard to which communities regulate their floodplains through the National Flood Insurance Program. The 200-year flood is one that has 0.5% chance of being equaled or exceeded each year. The 500-year flood is a flood that has a 0.2 percent chance of being equaled or exceeded in any given year. The potential for flooding can change and increase through various land use changes and changes to land surface, which result in a change to the floodplain. A change in environment can create localized flooding problems inside and outside of natural floodplains by altering or confining natural drainage channels. These changes are most often created by human activity such as construction of bridges or channels. In areas where flow contains high sediment load, such as Easkoot Creek in Stinson Beach (due to an active landslide upstream), the flow carrying capacity of the channel may be reduced dramatically during a single flood event. Coastal floodplains may also change over time as waves and currents alter the coastline (especially wetlands) and sea levels rise. Flooding can occur in several ways: Riverine flooding – Riverine flooding, defined as when a watercourse exceeds its “bank-full” capacity, generally occurs as a result of prolonged rainfall, or rainfall that is combined with snowmelt and/or already saturated soils from previous rain events. This type of flood occurs in river systems whose tributaries may drain large geographic areas and include one or more independent river basins. The onset and duration of riverine floods may vary from a few hours to many days and is often characterized by high peak flows combined with a large volume of runoff. Factors that directly affect the amount of flood runoff include precipitation amount, intensity and distribution, the amount of soil moisture, seasonal variation in vegetation, snow depth, and water-resistance of the surface due to urbanization. In the Marin County OA, riverine flooding can occur anytime from November through April and is largely caused by heavy and continued rains, sometimes combined with snowmelt, increased outflows from upstream dams, and heavy flow from tributary streams. These intense storms can overwhelm the local waterways as well as the integrity of flood control structures. Flooding is more severe when antecedent rainfall has resulted in saturated ground conditions. The warning time associated with slow rise riverine floods assists in life and property protection. Flash flooding – Flash flooding describes localized floods of great volume and short duration. This type of flood usually results from a heavy rainfall on a relatively small drainage area. Precipitation of this sort usually occurs in the winter and spring. Flash floods often require immediate evacuation within the hour and thus early threat identification and warning is critical for saving lives. Localized/Stormwater flooding – Localized flooding problems are often caused by flash flooding, severe weather, or an unusual amount of rainfall. Flooding from these intense weather events usually occurs in areas experiencing an increase in runoff from impervious surfaces associated with development and urbanization as well as inadequate storm drainage systems. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-65 TOWN OF TIBURON COMMUNITY PROFILE Tidal flooding – Tidal flooding develops when high tides exceed either the top of bank elevation of tidal sloughs and channels, or the crest of bay levees. An especially high tide event that occurs during alignment of the gravitational pull between the sun and the moon, causing tidal water levels to rise to higher-than normal levels. King tides are normal, predictable events that occur semi-annually during winter months. Typically storms in which high tides coincide with peak stormwater flow may be damaging to municipal infrastructure and private property. The area is also at risk to flooding resulting from levee failures and dam failures. Dam failure flooding is discussed separately in the Dam Failure Section of this document; levee failure flooding is discussed separately in the Levee Failure Section of this document. Regardless of the type of flood, the cause is often the result of severe weather and excessive rainfall, either in the flood area or upstream reach. A weather pattern called the “Atmospheric River” contributes to the flooding potential of the area. An Atmospheric River brings warm air and rain to the West. A relatively common weather pattern brings southwest winds to the Pacific Northwest or California, along with warm, moist air. The moisture sometimes produces many days of heavy rain, which can cause extensive flooding. The warm air also can melt the snowpack in the mountains, which further aggravates the flooding potential. In the colder parts of the year, the warm air can be cooled enough to produce heavy, upslope snow as it rises into the higher elevations of the Sierra Nevada or Cascades. Forecasters and others on the West Coast often used to refer to this warm, moist air as the “Pineapple Express” because it comes from around Hawaii where pineapples are grown. A diagram of an atmospheric river event is shown in Figure 28. Figure 728: Diagram of an Atmospheric River Event Source: NOAA 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-66 TOWN OF TIBURON COMMUNITY PROFILE The Marin County OA is susceptible to various types of flood events. In coastal areas, flooding may occur when strong winds or tides result in a surge of seawater into areas that are above the normal high tide line. Other types of flooding in Marin include isolated ponding and stormwater overflow. Isolated ponding is when pools form on the ground and can occur in any area that doesn’t drain effectively – for example, in a natural depression in the landscape. Stormwater overflow is when storm drains back up. Stormwater drainage systems quickly convey rainwater through underground pipes to creeks and the Bay. When the storm drains are obstructed or broken or when the water bodies to which they lead to are already full, water backs up onto the streets. Although stormwater overflow and isolated ponding also occur throughout the County, the effects are typically not widespread or significantly damaging. Flooding in Tiburon generally results from a combination of high tides from Richardson Bay and San Francisco Bay and from storm runoff in low-lying areas. Most of the lowland areas in Tiburon, including the commercial downtown area, are in the 100-year floodplain, with several areas in the 500-year floodplain including the areas around Blackie’s Pasture and the Cove Shopping Center, and along Tiburon Boulevard. Dozens of residences north of the Cove Shopping Center lie in the 500-year floodplain, along with part of the Reed Elementary School. The Tiburon Fire Protection District Station #11 lies in the 100-year floodplain. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-67 TOWN OF TIBURON COMMUNITY PROFILE Figure 729: Town of Tiburon Flooding Critical Facilities and Infrastructure Source: Marin County OEM 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-68 TOWN OF TIBURON COMMUNITY PROFILE Table 18 shows the number of residential structures by flood zone in the Town of Tiburon. Table 18: Residential Structures in The Town of Tiburon by Flood Zone Flood Zone FEMA Flood Zone Designations Improved Residential Parcels High Risk Areas A Areas with a 1% annual chance of flooding and a 26% chance of flooding over the life of a 30‐year mortgage. Because detailed analyses are not performed for such areas; no depths or base flood elevations are shown within these zones. AE The base floodplain where base flood elevations are provided. AE Zones are now used on new format FIRMs instead of A1‐A30 Zones. 1245 A1-30 These are known as numbered A Zones (e.g., A7 or A14). This is the base floodplain where the FIRM shows a BFE (old format). AH Areas with a 1% annual chance of shallow flooding, usually in the form of a pond, with an average depth ranging from 1 to 3 feet. These areas have a 26% chance of flooding over the life of a 30‐year mortgage. Base flood elevations derived from detailed analyses are shown at selected intervals within these zones. AO River or stream flood hazard areas, and areas with a 1% or greater chance of shallow flooding each year, usually in the form of sheet flow, with an average depth ranging from 1 to 3 feet. These areas have a 26% chance of flooding over the life of a 30‐ year mortgage. Average flood depths derived from detailed analyses are shown within these zones. AR Areas with a temporarily increased flood risk due to the building or restoration of a flood control system (such as a levee or a dam). Mandatory flood insurance purchase requirements will apply, but rates will not exceed the rates for unnumbered A zones if the structure is built or restored in compliance with Zone AR floodplain management regulations. A99 Areas with a 1% annual chance of flooding that will be protected by a Federal flood control system where construction has reached specified legal requirements. No depths or base flood elevations are shown within these zones. High Risk - Coastal Areas V Coastal areas with a 1% or greater chance of flooding and an additional hazard associated with storm waves. These areas have a 26% chance of flooding over the life of a 30‐year mortgage. No base flood elevations are shown within these zones. VE, V1 ‐ 30 Coastal areas with a 1% or greater chance of flooding and an additional hazard associated with storm waves. These areas have a 26% chance of flooding over the life of a 30‐year mortgage. Base flood elevations derived from detailed analyses are shown at selected intervals within these zones. 17 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-69 TOWN OF TIBURON COMMUNITY PROFILE Moderate to Low-Risk Areas B and X (shaded) Area of moderate flood hazard, usually the area between the limits of the 100‐year and 500‐year floods. B Zones are also used to designate base floodplains of lesser hazards, such as areas protected by levees from 100‐year flood, or shallow flooding areas with average depths of less than one foot or drainage areas less than 1 square mile 2390 C and X (unshaded) Area of minimal flood hazard, usually depicted on FIRMs as above the 500‐year flood level. Zone C may have ponding and local drainage problems that don't warrant a detailed study or designation as base floodplain. Zone X is the area determined to be outside the 500‐year flood and protected by levee from 100‐ year flood. Undetermined Risk Areas D Areas with possible but undetermined flood hazards. No flood hazard analysis has been conducted. Flood insurance rates are commensurate with the uncertainty of the flood risk. Total 3,652 Table 381: Residential Structures in The Town of Tiburon by Flood Zone Source: FEMA Table 19 shows the number of Town of Tiburon critical facilities by flood zone. Table 19: Town of Tiburon Critical Facilities Category Name Address Flood Zone Critical Facilities Fire Tiburon Fire Department 1679 Tiburon Blvd Tiburon, CA 94920 AE Fire Tiburon Fire Department 4301 Paradise Drive Tiburon, CA 94920 X Law Tiburon Police Department 1155 Tiburon Blvd Tiburon, CA 94920 AE EOC Bel-Tib Joint EOC 1155 Tiburon Blvd Tiburon, CA 94920 AE Local Government Tiburon Town Hall 1505 Tiburon Blvd Tiburon, CA 94920 AE Local Government Tiburon Library 1501 Tiburon Blvd Tiburon, CA 94920 AE Local Government Tiburon Corporation Yard 101 Kleinert Way Tiburon, CA 94920 AE School Reed School 1199 Tiburon Blvd Tiburon, CA 94920 AE School Bel Aire School 277 Karen Way Tiburon, CA 94920 X School St Hilary School church 765 Hilary Drive Tiburon, CA 94920 X School Del Mar School 105 Avenida Miraflores Tiburon, CA 94920 X Evacuation Shelter Kol Shofar 215 Blackfield Tiburon, CA 94920 X Evacuation Shelter Tiburon Baptist Church 445 Greenwood Beach Rd Tiburon, CA 94920 X Evacuation Shelter Community Congregation Church 145 Rock Hill Tiburon, CA 94920 X Health/ Medical Marin Convalescent Hospital 30 Hacienda Drive Tiburon, CA 94920 X 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-70 TOWN OF TIBURON COMMUNITY PROFILE Critical Infrastructure Transportation Tiburon Ferry Docks 1 & 21 Main Street Tiburon, CA 94920 VE Wastewater Sanitary District 5 2001 Paradise Drive Tiburon, CA 94920 X Wastewater Richardson Bay Sanitary District 500 Tiburon Blvd Tiburon, CA 94920 X Table 382: Town of Tiburon Critical Facilities in the Flood Zones Source: Marin County/FEMA DFIRM Although the Town of Tiburon has not experienced recent catastrophic flooding, floodwaters can be deep enough to drown people and move fast enough to sweep people and vehicles away, lift buildings off foundations, and carry debris that smashes into buildings and other property. Flood waters can cause significant erosion which can lead to slope instability, severely damaging transportation and utility infrastructure by undermining foundations or washing away pavement. If water levels rise high enough to get inside buildings, flooding can cause extensive damage to personal property and the structure itself. Flood events that develop very quickly are especially dangerous because there may be little advance warning. Flooding may occur when strong winds or tides result in a surge of seawater into areas that are above the normal high tide line. Tide elevations within Richardson Bay and San Francisco Bay have the potential to significantly impact the Tiburon storm drain system. Tiburon sees flooding from king tides in Richardson Bay and San Francisco Bay and this is only expected to increase with sea level rise and climate change. During heavy rainfall conditions, and especially when combined with high tides, certain areas are known to flood, including Beach Road at Tiburon Boulevard, Tiburon Boulevard at Ned’s Way, and Tiburon Boulevard near Greenwood Beach Road by the gas station. The Tiburon Peninsula saw nearly 40 inches of rain between October 2022 and March 2023, including nearly 24 inches between 12/29/2022 and 1/15/ 2023 that wreaked havoc, with storms frequently downing trees and power lines and flooding roads, including the intersection at Tiburon Boulevard and Beach Road. Figure 730: Town of Tiburon Flooding – January 5, 2023 Source: The ARK 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-71 TOWN OF TIBURON COMMUNITY PROFILE Between 2/12 and 2/14/2019, the Town of Tiburon declared a local state of emergency in the wake of back-to-back storms that dumped nearly six inches of rain in the area and triggered minor flooding. On 12/16/2014, heavy rains caused significant flooding downtown. Six inches of water inundated one business on Tiburon Boulevard. Over a foot of water had to be pumped out of Tiburon Town Hall. Tiburon Lagoon was pumped in anticipation of more rain. Climate Change and Future Development Considerations Climate change is expected to affect California's precipitation patterns, which are likely to influence future flood events. A 2017 study49 found that the number of very intense precipitation days in California is projected to more than double by the end of the century, increasing 117 percent, making it likely that flood events will become more frequent in the Marin County OA including Tiburon. Climate change is expected to alter rainfall patterns in Northern California, including the Marin County OA. As the climate warms, rain events are predicted to become more intense. The Marin County OA including Tiburon will likely experience more rain inundation events that lead to flooding and increase the potential threat of levee failure, tree mortality, and other potential hazards. Sea level rise as a result of climate change will exacerbate the impacts of tidal flooding in the lowland areas of the Marin County OA including the shoreline areas of Tiburon. Future development in these areas, particularly in the downtown commercial area of Tiburon, will expose more people and infrastructure to the effects of tidal flooding and storm surge as a result of climate change. 2.2.5 LAND SUBSIDENCE Land subsidence is a gradual settling or sudden sinking of the Earth's surface owing to subsurface movement of earth materials. The principal causes are aquifer-system compaction, drainage of organic soils through groundwater pumping, underground mining, hydro- compaction, natural compaction, sinkholes, and thawing permafrost. More than 80 percent of the identified subsidence in the United States is a consequence of underground water exploitation. The increasing development of land and water resources threatens to exacerbate existing land-subsidence problems and initiate new ones. Sinkholes can form in three primary ways. Dissolution sinkholes form when dissolution of the limestone or dolomite is most intensive where the water first contacts the rock surface. Aggressive dissolution also occurs where flow is focused in preexisting openings in the rock, such as along joints, fractures, and bedding planes, and in the zone of water-table fluctuation where groundwater is in contact with the atmosphere. See Figure 31 for a picture and description of how dissolution sinkholes form. 49 Precipitation in a Warming World: Assessing Projected Hydro-Climate Changes in California and other Mediterranean Regaions. https://www.nature.com/articles/s41598-017-11285-y 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-72 TOWN OF TIBURON COMMUNITY PROFILE Figure 731: Dissolution Sinkhole Formation Source: USGS Cover-subsidence sinkholes tend to develop gradually where the covering sediments are permeable and contain sand. In areas where cover material is thicker, or sediments contain more clay, cover-subsidence sinkholes are relatively uncommon, are smaller, and may go undetected for long periods. See Figure 32 for a picture and description of how cover- subsidence sinkholes form. Figure 732: Cover-Subsidence Sinkhole Formation Source: USGS Cover-collapse sinkholes may develop abruptly over a period of hours and cause catastrophic damages. They occur where the covering sediments contain a significant amount of clay. Over time, surface drainage, erosion, and deposition of sediment transform the steep-walled sinkhole into a shallower bowl-shaped depression. See Figure 33 for a picture and description of how cover-collapse sinkholes form. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-73 TOWN OF TIBURON COMMUNITY PROFILE Figure 733: Cover-Collapse Sinkhole Formation Source: USGS New sinkholes have been correlated to land-use practices, especially from groundwater pumping and from construction and development practices that cause land subsidence. Sinkholes can also form when natural water-drainage patterns are changed and new water- diversion systems are developed. Some sinkholes form when the land surface is changed, such as when industrial and runoff-storage ponds are created. The substantial weight of the new material can trigger an underground collapse of supporting material, thus causing a sinkhole. The overburden sediments that cover buried cavities in the aquifer systems are delicately balanced by groundwater fluid pressure. The water below ground helps to keep the surface soil in place. Groundwater pumping for urban water supply and for irrigation can produce new sinkholes in sinkhole-prone areas. If pumping results in a lowering of groundwater levels, then underground structural failure, and thus, sinkholes, can occur. Areas in Tiburon designated with very high potential for land subsidence are generally located in the downtown commercial from San Francisco Bay to Mar West Street, including the Tiburon Town Hall and the Tiburon Fire Protection District Station #11; the Blackie’s Pasture area and Tiburon Ridge and Belveron neighborhoods; and the Cove Shopping Center and Bel Aire neighborhood. These areas consist of numerous residences and commercial buildings. Land subsidence could have numerous impacts for Tiburon, including the settling of businesses and homes as well as the shifting of roadways and utility infrastructure that run through the town. The lowland areas of Tiburon could anticipate increased rates of subsidence as bay waters saturate the soil from below. On 01/25/24, a large sinkhole formed near Tiburon Boulevard and Stewart Drive in Tiburon, along a portion of Highway 131. The sinkhole formed just days after heavy rainfall swept through the Bay Area. Climate Change and Future Development Considerations Climate change could indirectly influence land subsidence as more severe and prolonged periods of drought may encourage more groundwater withdrawals. In coastal areas like the Marin County OA including Tiburon, land subsidence leads to higher sea levels and increased flood risk. The rate of land subsidence could increase across the Marin County OA including the lowland areas of Tiburon as a result of climate change. The impacts of land subsidence on infrastructure, including roads and underground utilities, in Tiburon could increase with future 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-74 TOWN OF TIBURON COMMUNITY PROFILE development in the lowland populated areas of town, particularly the downtown commercial area, where land subsidence is more likely to occur. 2.2.6 LEVEE FAILURE Levee failure is the overtopping, breach or collapse of the levee. Levees can fail in the event of an earthquake, internal erosion, poor engineering/construction or landslides, but levees most commonly fail as a result of significant rainfall or very high tides. During a period of heavy rainfall, the water on the water-body side of the levee can build up and either flow over the top (“overtopping”) or put pressure on the structure causing quickening seepage and subsequent erosion of the earth. The overflow of water washes away the top portion of the levee, creating deep grooves. Eventually the levee weakens, resulting in a breach or collapse of the levee wall and the release of uncontrollable amounts of water. Figure 34 shows a levee and the multiple ways it can fail. Figure 734: Levee Failure Mechanisms Source: University of California Tiburon is protected by one levee, the San Rafael Avenue sea wall, in the City of Belvedere along Richardson Bay. The seawall is 0.4 miles long with an undocumented height. Approximately 1,266 people and 349 buildings with a property value of $347 million in both Tiburon and Belvedere combined are at risk of a failure of the sea wall, including most of commercial downtown Tiburon and the Tiburon Fire Protection District Station #11 in the 100- year floodplain. Fortunately, few residences in Tiburon at risk of failure of the sea wall. A failure 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-75 TOWN OF TIBURON COMMUNITY PROFILE of the seawall during a high rain event could cause flooding across Tiburon Boulevard, impacting ingress and egress into the southern area of town. On 10/10/2018, Belvedere declared a state of emergency due to increased shifting of the San Rafael Avenue sea wall that provides protection for the Town of Tiburon and the City of Belvedere. An inspection of the sea wall in 2017 revealed that portions of the concrete had crumbled and cracked and that a portion of the sea wall was sagging toward the water. The most problematic section directly across from Peninsula Road was at a high risk for failure. The levee had to be shored up. Climate Change and Future Development Considerations Climate change is expected to lead to an increase in the frequency and severity of major storm events, which can place added strain on levee systems. An increase in rainfall and runoff as a result of climate change will increase the potential for higher water levels in leveed areas across the Marin County OA including in Tiburon, increasing the potential for a levee failure. Rising seas will lead to increased stress on the levees around the Marin County OA shoreline including in Belvedere adjoining Tiburon, particularly during a major tidal event and potential tsunami. As development increases in the populated areas of Tiburon, particularly the downtown commercial area, the potential for significant impacts to businesses and infrastructure will only increase. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-76 TOWN OF TIBURON COMMUNITY PROFILE Figure 735: Town of Tiburon Levee Failure Critical Facilities and Infrastructure Source: Marin County OEM 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-77 TOWN OF TIBURON COMMUNITY PROFILE 2.2.7 SEA LEVEL RISE Climate change is the distinct change in measures of weather patterns over a long period of time, ranging from decades to millions of years. More specifically, it may be a change in average weather conditions such as temperature, rainfall, snow, ocean and atmospheric circulation, or in the distribution of weather around the average. While the Earth’s climate has cycled over its 4.5-billion-year age, these natural cycles have taken place gradually over millennia, and the Holocene, the most recent epoch in which human civilization developed, has been characterized by a highly stable climate until recently. The Marin County OA MJHMP is concerned with human-induced climate change that has been rapidly warming the Earth at rates unprecedented in the last 1,000 years. Since industrialization began, the burning of fossil fuels (coal, oil, and natural gas) at escalating quantities has released vast amounts of carbon dioxide and other greenhouse gases responsible for trapping heat in the atmosphere, increasing the average temperature of the Earth. Secondary impacts include changes in precipitation patterns, the global water cycle, melting glaciers and ice caps, and rising sea levels. According to the Intergovernmental Panel on Climate Change (IPCC), climate change will “increase the likelihood of severe, pervasive and irreversible impacts for people and ecosystems” if unchecked. Through changes to oceanic and atmospheric circulation cycles and increasing heat, climate change affects weather systems around the world. Climate change increases the likelihood and exacerbates the severity of extreme weather – more frequent or intense storms, floods, droughts, and heat waves. Consequences for human society include loss of life and injury, damaged infrastructure, long-term health effects, loss of agricultural crops, disrupted transport and freight, and more. Climate change is not a discrete event but a long-term hazard, the effects of which communities are already experiencing. Climate change adaptation is a key priority of the State of California. The 2013 State of California Multi- Hazard Mitigation Plan stated that climate change is already affecting California. The State has also seen increased average temperatures, more extreme hot days, fewer cold nights, a lengthening of the growing season, shifts in the water cycle with less winter precipitation falling as snow, and earlier runoff of both snowmelt and rainwater in the year. In addition to changes in average temperatures, sea level, and precipitation patterns, the intensity of extreme weather events is also changing. Rising sea levels are considered a secondary effect of climate change due to warming ocean temperatures and melting glacial ice sheets into the ocean. The California coast has already seen a rise in sea level of four to eight inches over the 20th century due to climate change. Sea level rise impacts can be exacerbated during coastal storms, which often bring increased tidal elevations called “storm surge.” The large waves associated with such storm surges can cause flooding in low-lying areas, erosion of coastal wetlands, saltwater contamination of drinking water, disruption of septic system operations, impacts on roads and bridges, and increased stress on levees. In addition, rising sea levels results in coastal erosion as shoreline sediment is re-deposited back into the ocean. Evidence shows that winter storms have increased in frequency and intensity since 1948 in the North Pacific, increasing regional wave heights and water levels during storm events. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-78 TOWN OF TIBURON COMMUNITY PROFILE According to the 2017 “Rising Seas in California, An Update on Sea-Level Rise Science” report Marin County may experience impacts from Sea Level Rise over defined periods of time, to include long-term changes (second half of this century and beyond), and short- to mid-term projections (within the next two or three decades). Parts of Tiburon are at a lower elevation than many of the coastal areas in Marin County. As such, the lowland areas in Tiburon, including the commercial downtown area and the areas around Blackie’s Pasture and the Cove Shopping Center are particularly vulnerable to sea level rise and could experience between one and six feet of inundation (Mean High Water (MHW)), especially as these neighborhoods continue to subside over time. (Marin Shoreline Sea Level Rise Vulnerability Assessment, 2017). Numerous businesses, residential neighborhoods, schools, medical facilities roads, and other critical facilities lie in areas of Tiburon susceptible to sea level rise. The following are key issues related to Tiburon sea level rise and a 100-year storm surge: • Highly valued Main Street shoreline shops and restaurants could be vulnerable in the near-term. • Homes along the interface of the bluffs and shoreline could be vulnerable to increased erosion and bluff collapse during storms. • The Tiburon and Angel Island ferries may face complications with loading during extreme high tides and may experience compromised American Disabilities Act (ADA) access. • Vehicular access along Tiburon Boulevard could be compromised at the Cove Shopping Center and in the downtown area in the long-term. • The Tiburon Fire Protection District Station #11, library, post office, and municipal facilities may be vulnerable to tidal flooding in the long-term. • The Bay Trail and hotels downtown are compromised in the near-term. • Corinthian Yacht Club facilities could be vulnerable to storm damage and flooding in the medium- to long-terms. • The Cove Shopping Center is vulnerable in the long-term to sea level rise, though could suffer sooner from combinations of higher tides and stormwater. A batch of homes could suffer tidal impacts just east to the Cove Shopping Center in the long-term. • If US 101 is compromised, so is service and goods delivery to Tiburon businesses. • Access to Tiburon from the City of Corte Madera could also flood in the medium-term. • Homes high in the hills could become isolated and cut off from necessities and the ability to leave the community, as alternative access routes are not available at this time. • Several historic sites downtown and the old shipping terminal could flood with saltwater as early as the near-term. Tiburon’s most vulnerable assets are concentrated on the face of the peninsula, downtown, and around the Cove. These areas feature housing and a number of business, civic, recreation, historic and visitor serving uses. These areas tend to draw millions of visitors a year and provide a significant amount of economic and cultural value to the community and Marin County. Approximately 65 percent of commercial properties could be vulnerable to long-term levels of sea level rise in Tiburon. Tidal flooding could extend down Tiburon Boulevard. Additional stormwater from the hillsides would only exacerbate his flooding during storms. Reductions in service or loss due to building or inventory damage could have significant economic and 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-79 TOWN OF TIBURON COMMUNITY PROFILE employment repercussions for Tiburon. Compared to other communities in the Marin County OA, Tiburon has fewer buildings that could be vulnerable to sea level rise due to the bluff side development pattern. Nevertheless, these buildings provide much of Tiburon’s historic and charming character. Tiburon Boulevard could expect 100-year storm surge impacts at Main Street, Paradise Drive, and the Cove. Paradise Drive faces its own flooding issues in Corte Madera. With both Tiburon Boulevard and Paradise Drive being the main access roads to Tiburon, public transportation could be cut off more with sea level rise. People who travel through or to the area for work could be cut off and people with mobility or health constraints could be affected. The smaller of two treatment plants in Sanitary District No. 5, the Paradise Cove Plant, could be impacted at 5 feet of sea level rise, plus 100-year storm surge. The primary treatment facility off Tiburon Boulevard could anticipate some flooding during storm surges in the parking lot. This flooding may also create access issues for employees. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-80 TOWN OF TIBURON COMMUNITY PROFILE Figure 736: Town of Tiburon Sea Level Rise Source: Marin County OEM 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-81 TOWN OF TIBURON COMMUNITY PROFILE The 2017 Marin Shoreline Sea Level Rise Vulnerably Assessment estimates that Tiburon could anticipate impacts to over 8,500 people and 341 living units with over $400 million in assessed property value as a result of a 100-year sea level rise scenario and including storm surge. Structures throughout the town can become damaged extensively with their foundations compromised over time. Of particular concern are those structures and infrastructure that have not been elevated to projected sea level rise heights over the next century. Sea level rise in Tiburon has the potential to exacerbate inland flooding when a significant rain or tidal event occurs, pushing water from the bays over their banks and into adjacent neighborhoods. Sea level rise can also cause increased subsidence along Tiburon’s shoreline, which may damage underground water and wastewater pipelines and disrupt services. Tiburon would begin to experience seasonal, king tide, and storm surge flooding more frequently in the future. Climate Change and Future Development Considerations The two major causes of global sea level rise are thermal expansion of warming oceans and the melting of land-based glaciers and polar ice caps. Climate change is affecting natural and built systems around the world, including the California coast. In the past century, average global temperature has increased about 1.4°F, and average global sea level has increased 7 to 8 inches. Sea level rise in the San Francisco Bay Area is projected to increase by eight inches MHW in 2050 and could reach 4.5 to eight feet by 2021 if greenhouse gas emissions aren’t reduced. Figure 737: Projections of Sea Level Rise in the San Francisco Bay Area, 2000-2100 Source: 2019–2020 Marin County Civil Grand Jury, Climate Change: How Will Marin Adapt? While the Marin County OA shoreline including around Tiburon already experiences regular erosion, flooding, and significant storm events, sea level rise will exacerbate these natural processes, leading to significant social, environmental, and economic impacts. The third National Climate Assessment cites strong evidence that the cost of doing nothing exceeds the costs associated with adapting to sea level rise by 4 to 10 times. Sea level rise will continue to affect the Marin County OA including Tiburon with increased tidal flooding and storm surge during severe weather events, and future development along the Marin County OA shoreline including around Tiburon will only amplify these impacts. Sea level can also lead to increased land subsidence and the potential of levee failure. The impacts of a tsunami would also be magnified with rising seas. Future development in the coastal and lowland areas of Tiburon, including the commercial downtown area, will put more people and property at risk from flooding 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-82 TOWN OF TIBURON COMMUNITY PROFILE as a result of sea level rise. Roads and utility infrastructure across Tiburon will continue to become inundated, impacting ingress and egress across the Tiburon peninsula. 2.2.8 SEVERE WEATHER – EXTREME HEAT Extreme heat is defined as temperatures that hover 10 degrees or more above the average high temperature for the region and last for several weeks. A heat wave is an extended period of extreme heat, often with high humidity. When relative humidity is factored in, the temperature can feel much hotter as reflected in the Heat Index (see Figure 38): Figure 738: Heat Index Source: NOAA Heat kills by taxing the human body beyond its abilities. In a normal year, about 1,300 Americans succumb to the demands of summer heat. Heat is the leading weather-related cause of mortalities in the US. In 2006, California reported a high of 204 heat related deaths, with 98 reported in 2017 and 93 deaths reported in 2018. Extreme heat has the potential to impact all areas of Tiburon and would be felt more at lower elevations in the central and eastern areas of the town. Temperatures can feel warmer in this area due to the widespread presence of concrete and asphalt, which stores heat longer. Heat waves can cause power outages and can sicken people who are exposed to high temperatures too long, particularly infants and the elderly. In September 2022 the Marin County OA experienced an Extreme Heat Event with temperatures exceeding 103 degrees. Climate Change and Future Development Considerations The primary effect of climate change is warmer average temperatures. The annual average daily high temperatures in California are expected to rise by 2.7°F by 2040, 5.8°F by 2070, and 8.8°F by 2100 compared to observed and modeled historical conditions. At the current rate, annual average temperatures in the Marin County OA region and Bay Area will likely increase 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-83 TOWN OF TIBURON COMMUNITY PROFILE by approximately 4.4 degrees by 2050 and 7.2 degree by the end of the century unless significant efforts are made to reduce greenhouse emotions according to California’s latest climate change assessment. Figure 739: Annual Average Temperatures in the San Francisco Bay Area, 2000-2100 Source: California Climate Change Assessment (Fourth Edition) As climate change accelerates in the 21st century, it is anticipated that extreme heat events will become more frequent and intense across the Marin County OA including in Tiburon. There will be increased residential and business needs for cooling and addressing heat-related issues. These effects would primarily be felt in the lowland areas of Tiburon where heat builds in developed areas. Heat waves also tax the energy grid. Future development in the Marin County OA including Tiburon could exacerbate the impacts from heat related events, particularly in electricity provision and water delivery. Increased temperatures will also lead to an increase in the occurrence and severity of wildfires across the Marin County OA including Tiburon as conditions become hotter and drier. These effects will primarily be felt in the open space areas of Tiburon where hotter and drier conditions are more apt to lead to wildfires. Future development near the many open spaces around Tiburon could expose more people and infrastructure to the threat of a major wildfire as a result of increasing temperatures. 2.2.9 SEVERE WEATHER – HIGH WIND & TORNADO High Wind High wind is defined as a one-minute average of surface winds 40 miles per hour or greater lasting for one hour or longer, or winds gusting to 58 miles per hour or greater regardless of duration that are either expected or observed over land. These winds may occur as part of a seasonal climate pattern or in relation to other severe weather events such as thunderstorms. The Beaufort scale is an empirical measure that relates wind speed to observed conditions on land and is a common measure of wind intensity (see Figure 40). 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-84 TOWN OF TIBURON COMMUNITY PROFILE Figure 740: Beaufort Wind Scale Source: NOAA Windstorms in the Marin County OA are typically straight-line winds. Straight-line winds are generally any thunderstorm wind that is not associated with rotation (i.e., is not a tornado). It is these winds, which can exceed 100 mph, which represent the most common type of severe weather and are responsible for most wind damage related to thunderstorms. Tornado Tornadoes are rotating columns of air marked by a funnel-shaped downward extension of a cumulonimbus cloud whirling at destructive speeds of up to 300 mph, usually accompanying a thunderstorm. Tornadoes are the most powerful storms that exist, and damage paths can be in excess of one mile wide and 50 miles long. The Enhanced Fujita Scale (see Figure 41) is commonly used to rate the intensity of tornadoes in the United States based on the damages that they cause. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-85 TOWN OF TIBURON COMMUNITY PROFILE Figure 741: Enhanced Fujita Scale Source: NOAA Tornadic waterspouts are tornadoes that form over water or move from land to water. They have the same characteristics as a land tornado. They are associated with severe thunderstorms, and are often accompanied by high winds and seas, large hail, and frequent dangerous lightning. Figure 742: Waterspout Formation Source: MarineInsights All of Tiburon is susceptible to storms and damage from wind and tornadoes particularly those areas throughout town that have increased susceptibility due to a higher presence of trees. Drought can increase the susceptibility of trees toppling over in a high wind event. Fallen trees 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-86 TOWN OF TIBURON COMMUNITY PROFILE could damage homes and other facilities. Power lines could be impacted by fallen trees and wind, causing power outages. Roadways could also become blocked by fallen trees, affecting the ability of residents to reach their homes. On 3/21/2023, a torrent of powerful winds caused trees and power lines to fall all over Tiburon. Wind gusts of 48 mph were reported in Tiburon. On 1/11/2023, pair of 40-foot cypress trees in Tiburon snapped off during the high winds, just missing a house below. Climate Change and Future Development Considerations It is anticipated that the atmospheric rivers that deliver storms to Northern California may intensify because of climate change. This increase in storm intensity may bring more intense winds and potential tornados to Northern California, including the Marin County OA and Tiburon. Significant wind events and tornados can topple trees, particularly those that may be saturated, or drought stressed as a result of climate change. An increase in fallen trees in Tiburon as a result of increased storms due to climate change can lead to an increase in power outages. Future development in any of the areas of high tree cover throughout Tiburon including in residential areas will increase the effects of severe wind events. 2.2.10 TSUNAMI Tsunamis consist of waves generated by large disturbances of the sea floor, which are caused by volcanic eruptions, landslides or earthquakes. Shallow earthquakes along dip slip faults are more likely to be sources of tsunami than those along strike slip faults. The West Coast/Alaska Tsunami Warning Center (WC/ATWC) is responsible for tsunami warnings. Tsunamis are often incorrectly referred to as tidal waves. They are actually a series of waves that can travel at speeds averaging 450 (and up to 600) miles per hour with unusual wave heights. Tsunamis can reach the beach before warnings are issued. A tsunami experienced by Tiburon would most likely occur from an earthquake, the location of which would determine the amount of time that the tsunami waves would reach the town. Areas of Tiburon in the 100 and 500-year floodplain are at a lower elevation and lie in a tsunami hazard area, including most of commercial downtown area with Tiburon Town Hall and the Tiburon Fire Protection District Station #11; Blackie’s Pasture; the Cove Shopping Center; and waterfront properties along Paradise Drive and Tiburon Boulevard. Additionally, many recreational areas such as beaches, the shoreline park, Paradise Park, and the Old Rail Trail are at risk from tsunamis. Dozens of residences in these areas are vulnerable to a tsunami. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-87 TOWN OF TIBURON COMMUNITY PROFILE Figure 743: Town of Tiburon Tsunami Critical Facilities and Infrastructure Source: Marin County OEM 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-88 TOWN OF TIBURON COMMUNITY PROFILE Tiburon has never experienced a tsunami, however, given its proximity to Richardson Bay and San Francisco Bay, it potentially experience the impacts of one. On 1/16/2022 a tsunami resulting from a massive volcanic eruption near Tonga caused powerful waves around Tiburon. A dock pulled away from an apartment. Figure 744: Town of Tiburon Tsunami Impacts – January 16, 2022 Source: Marin County OEM Climate Change and Future Development Considerations The biggest threat to tsunamis is sea level rise which is a direct result of climate change. Sea level rise can make tsunamis worse than they already are because higher sea levels allow for tsunamis to travel further inland and cause even more damage. Sea level rise results in more vulnerable coastlines which make coastal communities even more vulnerable to an incoming tsunami as the natural buffer to absorb the energy of an incoming tsunami will cease to exist. This is particularly true in the Marin County OA including Tiburon, where a large segment of the downtown commercial area lies in an area vulnerable to sea level rise. Furthermore, it has been theorized that ocean warming, caused by climate change, can impact the tectonic plates that rest below large bodies of water. Ultimately, this can result in more geological activities and worse tsunamis. Climate change has also affected ocean patterns, which could eventually lead to tsunamis distributing themselves across the ocean and impacting areas that are currently not susceptible to a tsunami. Tsunamis as a result of climate change and associated sea level rise will exacerbate the impacts of flooding in the lowland areas of the Marin County OA including Tiburon. This is particularly true in the downtown commercial area, the Blackie’s Cove area and the Cove Shopping Center area where additional storm surge as a result of a larger tsunami could cause greater impacts. Future development in these areas will expose more people and infrastructure to the effects of flooding in the Marin County OA as tsunami inundation areas expand with climate change. Flooding could be exacerbated in areas where levees could fail in Belvedere as a result of high wave heights associated with a more significant tsunami. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-89 TOWN OF TIBURON COMMUNITY PROFILE 2.2.11 WILDFIRE A wildfire is a fire that occurs in an area of combustible vegetation. The three conditions necessary for a wildfire to burn are fuel, heat, and oxygen. Fuel is any flammable material that can burn, including vegetation, structures, and cars. The more fuel that exists and the drier that fuel is, the more intense the fire can be. Wildfires can be started naturally through lightning or combustion or can be set by humans. There are many sources of human-caused wildfires including arson, power lines, a burning campfire, an idling vehicle, trains, and escaped controlled burns. On average, four out of five wildfires are started by humans. Uncontrolled wildfires fueled by wind and weather can burn acres of land and everything in their path in mere minutes and can reach speeds up to 15 miles per hour or faster depending upon wind speed and ember distribution. On average, more than 100,000 wildfires burn 4 to 5 million acres of land in the United States every year. Although wildfires can occur in any state, they are most common in the Western states including California where heat, drought, and thunderstorms create perfect wildfire conditions. Wildfires are of primary concern when they occur in the Wildland Urban Interface (WUI), which is defined as areas where homes are built near or among lands prone to wildfire. Even relatively small acreage fires may result in disastrous damages. Most structures in the WUI are not destroyed from direct flame impingement, but from embers carried by wind. The damages can be widely varying, but are primarily reported as damage to infrastructure, built environment, and injuries to people. The pattern of increased damages is directly related to increased urban spread into historical forested areas that have wildfire as part of the natural ecosystem. Many WUI fire areas have long histories of wildland fires that burned only vegetation in the past. However, with new development, a wildland fire following a historical pattern may now burn these newly developed areas. WUI fires can occur where there is a distinct boundary between the built and natural areas or where development or infrastructure has encroached or is intermixed in the natural area. WUI fires may include fires that occur in remote areas that have critical infrastructure easements through them, including electrical transmission towers, railroads, water reservoirs, communications relay sites or other infrastructure assets. Consequently, wildland fires that burn in natural settings with little or no development are part of a natural ecological cycle and may actually be beneficial to the landscape. Century old policies of fire exclusion and aggressive suppression have given way to better understanding of the importance fire plays in the natural cycle of certain forest types. Warning times are usually adequate to ensure public safety, provided that evacuation recommendations and orders are heeded in a timely manner. While in most cases wildfires are contained within a week or two of outbreak, in certain cases, they have been known to burn for months, or until they are completely extinguished by fall rains. Wildfire poses the greatest risk to human life and property in the Marin County OA’s densely populated WUI, which holds an estimated 69,000 living units. The Marin County OA is home to 23 communities listed on CAL FIRE’s Communities at Risk list, with approximately 80% of the total land area in the county designated as having moderate to very high fire hazard severity ratings. The county has a long fire history with many large fires over the past decades, several of which have occurred in the WUI. To compound the issue, national fire suppression policies and practices have contributed to the continuous growth (and overgrowth) of vegetation 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-90 TOWN OF TIBURON COMMUNITY PROFILE resulting in dangerously high fuel loads. The Community Wildfire Protection Plan (CWPP) provides a scientifically based assessment of wildfire threat in the WUI of the Marin County OA. Fire protection in California is the responsibility of either the federal, state, or local government depending upon the location of the incident. On federally owned land, or federal responsibility areas (FRA), fire protection is provided by the federal government, and or in partnership with local agreements. In state responsibility areas (SRA), CAL FIRE typically provides fire protection. However, in some counties CAL FIRE contracts with county fire departments to provide protection of the SRA – this is the case in the Marin County OA, where CAL FIRE contracts with MCFD. Local responsibility areas (LRA) include incorporated cities and cultivated agriculture lands, and fire protection is typically provided by city fire departments, fire protection districts, counties, and by CAL FIRE under contract to local government. CAL FIRE contracts with MCFD to provide wildland fire protection and associated fire prevention activities for lands designated by the State Board of Forestry as SRA.. The MCFD is responsible for the protection of approximately 200,000 acres of SRA within the county and is the primary agency that handles wildland fires. MCFD also provides similar protection services to approximately 100,000 acres of FRA in the Golden Gate National Recreation Area (GGNRA), the Muir Woods National Monument, and the Point Reyes National Seashore. Figure 45 indicates the federal responsibility areas, state responsibility areas and local responsibility areas in the Marin County OA. Figure 745: Federal, State and Local Responsibility Areas in the Marin County OA Source: Marin Community Wildfire Protection Plan, 11/27/23 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-91 TOWN OF TIBURON COMMUNITY PROFILE The mix of weather, diverse vegetation and fuel characteristics, complex topography, and land use and development patterns in the Marin County OA are important contributors to the fire environment. The MCFD Woodacre ECC currently manages the data from four Remote Automated Weather Stations (RAWS) for predicting fire danger utilizing the National Fire Danger Rating System (NFDRS) during the fire season. The RAWS are located in Woodacre, Middle Peak, Barnabe, Big Rock and a new station will be coming online in Novato. The Marin County OA is bounded by the cool waters of the Pacific Ocean to the west, the San Francisco and Richardson Bays to the southeast, the San Pablo Bay to the east, and Sonoma County agricultural lands to the north. The combination of these large bodies of water, location in the mid-latitudes, and the persistent high pressure over the eastern Pacific Ocean results in several micro-climates. Weather in the OA consists of warm, dry summers and cool, wet winters. The climate in early fall and late spring is generally similar to the summer, and late fall is similar to winter. Spring is generally cool, but not as wet as the winter. While these general weather conditions are fairly representative of the typical Marin County OA weather, complex topography, annual variability of weather patterns, and less frequent and transient weather patterns are important to fire conditions. In the late spring through early fall, the combination of frequent and strong high-pressure systems (known as the Pacific High) over California combined with the cool waters of the ocean/bays results in persistent fog and low clouds along the coast (including over the southern Marin County OA near the San Francisco Bay) with winds. The fog often penetrates into the inland valleys of the northern and central Marin County OA, especially during overnight hours. At the coastline, mist from fog can keep the land surfaces modestly moist while inland land surfaces above the fog or inversion are often very dry. The Pacific High that persists from late spring through early fall over the eastern Pacific, combined with a thermal low pressure over the Central Valley of California, results in an almost continuous sea breeze. These winds usher in cool and moist air and can be strong at times (15 to 25 mph), especially over the ridge tops and through northwest to southeast lying valleys, including San Geronimo/Ross, Hicks, Lucas Valleys, and Mill Valley and the Marin Headlands. These westerly winds are usually highest in the afternoon, decrease in the evening, and are light overnight before increasing again in the late morning/early afternoon. Occasionally in the summer and more often in the fall, the Pacific High moves inland and centers over Oregon and Idaho, while low pressure moves from the Central Valley of California to southern California and Arizona. The resulting north-to-south pressure gradient can be strong enough to retard the typical sea breeze and can even result in winds blowing from the land to the ocean (offshore winds). As the offshore winds move air from the Central Valley to the coastal areas of California, the air descends and compresses, which greatly warms and dries the air. Under these “Diablo” wind conditions, temperatures in the Marin County OA can reach 100°F in the inland areas and even 80°F at the coast, and relative humidity can be very low. In addition, wind speeds can be high (20 to 40 mph), gusty and are often much faster over the mountains and ridge tops such as Mt. Tamalpais, Loma Alta, Marin Headlands and Mt. Burdell compared to low-lying areas. Wind speeds can be high over the ridges and mountains at all times of day under this “offshore” wind pattern and are often much slower or even calm at night in low-lying areas because nighttime cooling decouples the aloft winds from the surface winds. It is during these Diablo wind events that there is a high potential for large, wind-driven fires 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-92 TOWN OF TIBURON COMMUNITY PROFILE should there be an ignition. Historically, the largest and most destructive fires have occurred during these offshore (also known as Foehn) wind events including the Angel Island and the Vision fires which were located in West Marin. A few times per year in the summer and early fall, monsoonal flow from Mexico may bring in moist and unstable air over central and northern California, which can result in thunderstorms with or without precipitation. With the otherwise dry summer conditions, lightning from this type of weather pattern can ignite fires. These monsoonal flow patterns are usually only one to two- day events. Beginning in late November and lasting through the end of March, the Pacific High moves south and weakens, allowing storms that originate in the Gulf of Alaska to move over California. These storms bring precipitation and, at times, strong winds out of the south. Each storm usually results in one fourth inch to several inches of rain over a day or so. Near Mt. Tamalpais, rainfall amounts are enhanced by orographic lifting, resulting in higher rain amounts in the Kentfield and Fairfax areas compared to the rest of the county. Typically, after the first rain in November, the cool weather and occasional storm keeps the ground wet through late Spring. However, in some years, significant rain does not occur until later in the year (e.g., early-to-late December) and there can be several weeks without any storms and rain. During storms, temperatures are usually mild. When there are no storms over California, a land-breeze typically forms (i.e., winds blowing from the Central Valley to the Pacific Ocean). These winds can reach 30 mph, and travel through the southeast to northwest lying valleys, over low-lying ridges such as the Marin Headlands, and through the Golden Gate. These winds are usually highest in the mid-morning hours and decrease in the afternoon as the Central Valley warms during the day. The winds are associated with cold and modestly moist air. In late February/early March through late April, the Pacific High strengthens and moves north, and storms impacting the county become less frequent. During this time of year there is often a low-pressure area over the desert in southwest California. The combination of the Pacific High to the north and low-pressure to the southwest results in strong winds blowing from the northwest to the southeast. Like the sea breeze, these winds bring in cool, moist air and are usually highest in the afternoon hours. Because of winter and spring rains, the land is wet and there is little danger of wildland fire despite the strong winds and only occasional precipitation. There is often little coastal fog this time of year. Vegetation, which is also known as fuel, plays a major role in fire behavior and potential fire hazards. A fuel’s composition, including moisture level, chemical make-up, and density, determines its degree of flammability. Of these, fuel moisture level is the most important consideration. Generally, live trees contain a great deal of moisture while dead logs contain very little. The moisture content and distribution of fuels define how quickly a fire can spread and how intense or hot it may become. High moisture content will slow the burning process since heat from the fire must first eliminate moisture. In addition to moisture, a fuel’s chemical makeup determines how readily it will burn. Some plants, shrubs, and trees such as chamise and eucalyptus (both present in the Marin County 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-93 TOWN OF TIBURON COMMUNITY PROFILE OA) contain oils or resins that promote combustion, causing them to burn more easily, quickly, and intensely. Finally, the density of a fuel influences its flammability; when fuels are close together but not too dense, they will ignite each other, causing the fuel to spread readily. However, if fuels are so close that air cannot circulate easily, the fuel will not burn freely. The Marin County OA has extensive topographic diversity that supports a variety of vegetation types. Marin County’s OA has significant changes in topography with steep vegetated slopes which can also add to the ability of the fuel to further expand a wildfire. Environmental factors, such as temperature, precipitation, soil type, aspect, slope, and land use history, all help determine the existing vegetation at any given location. In the central and eastern parts of the county, north facing slopes are usually densely wooded from lower elevations to ridge peaks with a mixture of mostly hardwood tree species such as coast live oak, California bay, Pacific madrone, and other oak species. Marshlands are also present throughout the county; once ignited marsh fires can be difficult to contain and extinguish. Grasslands with a mixture of native and nonnative annual and perennial plant species occur most often in the northern and western parts of the county due to a combination of soil type, lower rainfall, and a long history of ranching. The southern and western facing slopes tend to have a higher percentage of grasslands, which in turn have the potential to experience higher rates of fire spread. Grassland fires are dangerous even without extreme fire weather scenarios due to the rapid rate of fire spread; in some cases, fires spread so quickly that large areas can burn before response resources are able to arrive. In the west portion of the county closer to the coast, where precipitation is higher and marine influence is greater, most areas are densely forested with conifer species (i.e., Bishop pine, Douglas-fir, and coast redwood) and associated hardwood species. Chaparral vegetation also occurs in parts of the county, especially on steeper south and west facing slopes. This mix of densely forested areas mixed with chaparral results in higher fuel loads and potentially higher fire intensity. Expansion of the residential community into areas of heavier vegetation has resulted in homes existing in close proximity to dense natural foliage; these homes are often completely surrounded by highly combustible or tall vegetation, increasing the potential that wildland fires could impact them. As part of the development of the Marin Community Wildfire Protection Plan (CWPP), an updated vegetation map layer was created using the most recent vegetation information available from a variety of state and local data sources. Vegetation distribution in the Marin County OA is characterized by approximately 20 different types of vegetation which have been classified into 15 fire behavior fuel models. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-94 TOWN OF TIBURON COMMUNITY PROFILE Figure 746: Fuel Model Map for the Marin County OA Source: Marin CWPP, 11/27/23 Insect infestations and plant diseases, such as California oak mortality syndrome (sudden oak death), are increasing and threaten to change the structure and overall health of native plant communities in Marin County. Sudden oak death has no known cure and is the biggest concern; this syndrome is caused by the fungus-like Phytophthora ramorum, which has led to widespread mortality of several tree species in California since the mid-1990s; the tanoak (Lithocarpus densiflorus) in particular appears to have little or no resistance to the disease. Sudden oak death has resulted in stands of essentially dead trees with very low fuel moistures. Studies examining the impacts of sudden oak death on fire behavior indicate that while predicted surface fire behavior in sudden oak death stands seems to conform to a common fuel model already in use for hardwood stands, the very low moisture content of dead tanoak leaves may lead to crown ignitions more often during fires of “normal” intensity. Two other plant diseases prevalent in the Marin County OA are pitch canker (which affects conifers such as Bishop pine and other pine species) and madrone twig dieback (which affects Pacific madrones). Pitch canker is caused by the fungus Fusarium circinatum (F. subglutinans, F. sp. pini), which enters the tree through wounds caused by insects. While some trees do recover, most infected trees are eventually killed by the fungus. Management of this disease largely focuses on containment to reduce the fungus spreading to other trees. Pitch canker is a 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-95 TOWN OF TIBURON COMMUNITY PROFILE particular issue in the NPS lands of Pt. Reyes National Seashore, where many acres of young Bishop Pines that were seeded on the Inverness Ridge by the Mount Vision Fire of 1995 have been infected. These dead and dying trees have created large swaths of land with dense and dry fuel loads. Madrone twig dieback is caused by the native fungus Botryosphaeria dothidea and appears to be getting worse throughout the county due to drought effects on Pacific madrones. Three additional threats to trees common to the Marin County OA include: • Bark and ambrosia beetles (Monarthrum dentiger and monarthrum scutellare), which target oak and tanoak trees. Sudden oak death may be exacerbating the effects of beetle infestations which prey on trees already weakened by this disease. • Root rot, caused by oak root fungus (Armillaria mellea), is primarily associated with oaks and other hardwoods but also attacks conifers. These fungal infestations cause canopy thinning and branch dieback and can kill mature trees. As with the beetle infestations, sudden oak death may be exacerbating the effects of root rot fungus in the county forests. • Velvet-top fungus (Phaeolus schweinitzii) is a root rot fungus affecting Douglas-fir and other conifers, with the infection typically occurring through a wound. Topography characterizes the land surface features of an area in terms of elevation, aspect, and slope. Aspect is the compass direction that a slope faces, which can have a strong influence on surface temperature, and more importantly on fuel moistures. Both elevation and aspect play an important role in the type of vegetation present, the length of the growing season, and the amount of sunlight absorbed by vegetation. Generally, southern aspects receive more solar radiation than northern aspects; the result is that soil and vegetation on southern aspects is warmer and dryer than soil and vegetation on northern aspects. Slope is a measure of land steepness and can significantly influence fire behavior as fire tends to spread more rapidly on steeper slopes. For example, as slope increases from 20 – 40%, flame heights can double and rates of fire spread can increase fourfold; from 40 – 60%, flame heights can become three times higher and rates of spread can increase eightfold. The Marin County OA is topographically diverse, with rolling hills, valleys and ridges that trend from northwest to southeast. Elevation throughout the county varies considerably, with Mt. Tamalpais’ peak resting at 2,574 feet above sea level and many communities at or near sea level. Correspondingly, there is considerable diversity in slope percentages. The San Geronimo Valley slopes run from level (in the valley itself) to near 70%. Mt. Barnabe has slopes that run from 20 to 70%, and Throckmorton ridge has slopes that range in steepness from 40 – 100%. These slope changes can make fighting fires extremely difficult. In the WUI where natural fuels and structure fuels are intermixed, fire behavior is complex and difficult to predict. Research based on modeling, observations, and case studies in the WUI indicates that structure ignitability during wildland fires depends largely on the characteristics and building materials of the home and its immediate surroundings. The dispersion of burning embers from wildfires is the most likely cause of home ignitions. When embers land near or on a structure, they can ignite near-by vegetation or accumulated 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-96 TOWN OF TIBURON COMMUNITY PROFILE debris on the roof or in the gutter. Embers can also enter the structure through openings such as an open window or vent and could ignite the interior of the structure or debris in the attic. Wildfire can further ignite structures through direct flame contact and/or radiant heat. For this reason, it is important that structures and property in the WUI are less prone to ignition by ember dispersion, direct flame contact, and radiant heat. Public Safety Power Shutoff (PSPS) Events As a result of the 2017 Northern California Wildfires, the 2018 Camp Fire in Butte County and other wildfires caused by power line infrastructure, Pacific Gas & Electric (PG&E) began initiating Public Safety Power Shutoff (PSPS) events in their service areas (including Marin County) to help prevent the start of future wildfires. PG&E will initiate a PSPS if conditions indicate potentially dangerous weather conditions in fire-prone areas due to strong winds, low humidity, and dry vegetation. During these events, PG&E will proactively turn off power in high fire risk areas to reduce the threat of wildfires. The most likely electric lines to be considered for a public safety power outage will be those that pass through areas that have been designated by the California Public Utilities Commission (CPUC) High Fire-Threat District at elevated (Tier 2) or extreme risk (Tier 3) for wildfire. Customers outside of these areas could have their power shut off, though, if their community relies upon a line that passes through a high fire-threat area or an area experiencing severe weather. PG&E will consider numerous factors and analyze historical data to help predict the likelihood of a wildfire occurring, and closely monitoring weather watch alerts from the National Weather Service (NWS). These factors generally include, but are not limited to: • A Red Flag Warning declared by the National Weather Service • Low humidity levels, generally 20 percent and below • Forecasted sustained winds generally above 25 mph and wind gusts in excess of approximately 45 mph, depending on location and site-specific conditions such as temperature, terrain and local climate • Condition of dry material on the ground and live vegetation (moisture content) • On-the-ground, real-time observations from PG&E's Wildfire Safety Operations Center and field crews Pacific Gas & Electric Company (PG&E) operates a total of 1,179 miles of overhead electricity transmission and distribution lines in the Marin County OA. Overhead electricity lines and poles can be damaged or downed under severe weather conditions, particularly severe wind conditions, which increases the potential for wildfire ignition. 52 percent of PG&E’s overhead distribution lines and 41 percent of its overhead transmission lines are located in CPUC- identified High-Fire Threat Districts subject to elevated or extreme fire risk. PG&E is currently planning and implementing safety measures to prevent wildfires and reduce the impacts of Public Safety Power Shutoff (PSPS) events on communities in the Marin County OA and throughout California. In October 2019 Marin County and the Town of Tiburon experienced two PSPS events. These measures include installing weather stations; installing high-definition cameras; installing sectionalizing devices on its overhead lines to separate the grid into smaller sections; hardening the system by installing stronger power poles, covering lines, and undergrounding lines in 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-97 TOWN OF TIBURON COMMUNITY PROFILE targeted areas; creating temporary microgrids to provide electricity during PSPS events; and enhancing existing vegetation management activities. From 2018 to July 2021, PG&E hardened three miles of overhead lines, installed 68 transmission and distribution sectionalizing devices, completed enhanced vegetation management on approximately 51 of overhead line miles, installed 28 weather stations, and installed 12 high-definition cameras in the Marin County OA. PG&E has also begun undergrounding several overhead transmission lines throughout California. A wildfire in Tiburon would most likely occur in any of the open spaces throughout town, including the Ring Mountain Open space preserve on the north side of the town, the area around the numerous open spaces in the middle of the town, and the area around the Tiburon Uplands Nature Preserve and the Old St. Hilary Open Space Preserve on the south side of the town. These areas of Tiburon are primarily residential and consist of numerous winding streets and hillside homes that could be damaged or destroyed by wildfire. Many of the hillside neighborhoods are at risk of wildfires and have extremely limited ingress and egress for residents and emergency services. Much of Tiburon lies in a high FHSZ, including hundreds of residences, the St. Hilary School and a Marin Emergency Radio Authority antenna. Part of the downtown commercial area lies in a moderate FHSZ. All of Tiburon could be impacted by a Public Safety Power Shutoff (PSPS) event and/or suffer poor air quality from smoke as a result of a wildfire in Marin County or the surrounding region. As wildland areas around Tiburon become drier due to climate change, the risk of a wildfire occurring and impacting the town will continue to increase. Brush fires in the town may increase over time as parks and other open spaces experience drier conditions. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-98 TOWN OF TIBURON COMMUNITY PROFILE Figure 747: Town of Tiburon Wildfire Critical Facilities and Infrastructure Source: Marin County OEM 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-99 TOWN OF TIBURON COMMUNITY PROFILE Tiburon has historically experienced several huge fires before the formation of the Tiburon Fire Protection District, but none in the last century. On 11/13/1890, Tiburon was destroyed by an urban conflagration. There have been no major wildfires or brush fires in Tiburon since the last plan update. On 7/7/2017, a brush fire on Gilmartin Drive threatened two houses in Tiburon. Defensible space created by residents allowed fire crews to access and douse the blaze. No injuries or property damage was reported by the blaze, the cause of which was undetermined. On 6/15/2012, a three-acre brush fire was reported near Reed Ranch Road. Nearby homes and structures were not threatened by the blaze. Climate Change and Future Development Considerations Climate change can lead to an increase in wildfire events. Climate change has been a key factor in increasing the risk and extent of wildfires in the western United States. Changes in climate create warmer, drier conditions. Increased drought, and a longer fire season are boosting these increases in wildfire risk. Figure 748: Trends in the Annual Number of Large Wildfires in the United States Source: Fourth Climate Change Assessment, 01/04/23 As summer conditions in Northern California become hotter and drier due to climate change, the occurrence and severity of wildfires will only increase. The Marin County OA including Tiburon is particularly susceptible to these future impacts of climate change on wildfire, as the OA’s climate has generally been wet enough historically to avoid major wildfires. Extreme heat events and high wind events could cause electrical systems to become overloaded and fail, sparking wildfires. An increase in wildfires as a result of climate change could lead to more significantly burned areas that could contribute to debris flows after a significant storm event, particularly in the open space areas around Tiburon. Future development in the WUI throughout Tiburon will expose more people and property to the impacts of a potentially significant wildfire. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-100 TOWN OF TIBURON COMMUNITY PROFILE The growing number of people in the Tiburon WUI can increase risk to life, property and public health as a result of a wildfire. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-101TOWN OF TIBURON COMMUNITY PROFILE SECTION 3.0: MITIGATION STRATEGY 3.1 CHANGES IN DEVELOPMENT The various Marin County Jurisdiction’s General Plans guide growth and development across the County based on maintaining the County’s small communities with their own unique character. The Town of Tiburon is a community of approximately 9,400 residents and 4,050 housing units located on a relatively narrow four square mile peninsula extending into San Francisco Bay. The peninsula rises quickly from the Bay reaching a central spine known as the Tiburon Ridge. This ridge is prominent from widespread locations in the San Francisco Bay Area. Most of the peninsula is sloping land. Neighborhoods vary in age from the 1890’s to the present. Over 95 percent of the Town’s land area is comprised of residential neighborhoods, public parks, and secured open space. Tiburon is a community of neighborhoods covering a wide range of construction dates, housing types, architectural styles, and neighborhood design characteristics. At one end of the range is Old Tiburon, an 1890’s-vintage subdivision of small lots on generally steep slopes with a variety of housing types and styles. At the other end of the range are newer multi-million dollar homes located on larger parcels in thoroughly modern estate-style subdivisions that were common in the 1980’s and 1990’s. In between are numerous subdivisions from the post-war boom of the late 1940’s up through the 1950’s and 1960’s and into the 1970’s. Neighborhoods and homes in Tiburon are quite well maintained and are desirable and attractive places to live. The Council of Governments for Tiburon and the nine-county Bay Area region is the Association of Bay Area Governments (ABAG). ABAG, in collaboration with the Metropolitan Transportation Commission, develops a Regional Housing Needs Allocation Plan that assigns the regional housing need to the individual cities, towns and counties within the Bay Area. Tiburon’s share of the regional housing need for the 2023-2031 planning period is 639 units, which represents 4.4 percent of the 14,405 units allocated to Marin County. The Town’s Regional Housing Need Allocation (RHNA) is approximately eight times the previous 5th cycle allocation of 78 units. The regional share is further allocated according to four income levels: very low income, low income, moderate income, and above moderate income. Tiburon’s regional housing need of 639 units is distributed among the four income categories as follows: •193 units affordable to very low- income households (up 50 percent of the area medianincome) •110 units affordable to low-income households (50 to 80 percent of the area median income) •93 units affordable to moderate- income households (80 to 120 percent of the areamedian) •243 units affordable to above moderate-income households over 120 percent of the area median income) As detailed in the "Climate Change and Future Development Considerations" section of each hazard profile, development in Tiburon has occurred and will continue to occur throughout the town in areas prone to all of its identified hazards. Increased growth in these areas may increase the vulnerability of people and structures to these hazards. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-102 TOWN OF TIBURON COMMUNITY PROFILE Table 20: Town of Tiburon Future Growth Areas Development # of Units # of Parcels Project Date Acres Fire Severity Zone Flood Zone 1525 Tiburon Blvd 19 1 N/A 0.66 Wildland Urban Interface ( WUI) AE 1535 Tiburon Blvd 21 1 N/A 0.72 Wildland Urban Interface ( WUI) AE 1601 Tiburon Blvd 17 1 N/A 0.57 Wildland Urban Interface ( WUI) AE 1601 Tiburon Blvd 32 1 N/A 1.07 Wildland Urban Interface ( WUI) AE 1550 Tiburon Blvd 66 1 N/A 2.21 Wildland Urban Interface ( WUI) AE 1620 Tiburon Blvd and 1640/50 Tiburon Blvd 26 2 N/A 0.87 Wildland Urban Interface ( WUI) AE 6 Beach Rd and 12 Beach Road 39 2 N/A 1.41 Wildland Urban Interface ( WUI) AE 1199 Tiburon Blvd. 58 1 N/A 2.9 Wildland Urban Interface ( WUI) AE 1100 Mar West St, 1110 Mar West St, and 1120 Mar West St 40 3 N/A 1.36 Wildland Urban Interface ( WUI) X 1555 Tiburon Blvd 25 1 N/A 0.86 Wildland Urban Interface ( WUI) AE 1599 Tiburon Blvd 49 1 N/A 1.66 Wildland Urban Interface ( WUI) AE 1600 Tiburon Blvd 11 1 N/A 0.39 Wildland Urban Interface ( WUI) AE 1610 Tiburon Blvd 3 1 N/A 0.13 Wildland Urban Interface ( WUI) AE 1660 Tiburon Blvd 12 1 N/A 0.43 Wildland Urban Interface ( WUI) AE 1680 Tiburon Blvd 8 1 N/A 0.29 Wildland Urban Interface ( WUI) AE 26 Main St./ 2 Juanita Ln 8 1 N/A 0.43 Wildland Urban Interface ( WUI) AE 4576 Paradise Dr 93 1 N/A 9.58 Wildland Urban Interface ( WUI) VE Various- Anticipated number of new Accessory Dwelling Units 72 Various N/A Varies Wildland Urban Interface ( WUI) Varies Various - Anticipated number of new Single Family Dwellings 93 Various N/A Varies Wildland Urban Interface ( WUI) Varies 1525 Tiburon Blvd 19 1 N/A 0.66 Wildland Urban Interface ( WUI) AE Total 692 Table 383: Town of Tiburon Future Growth Areas Source: Town of Tiburon 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-103TOWN OF TIBURON COMMUNITY PROFILE 3.2 CAPABILITY ASSESSMENT The overall priorities in the Town of Tiburon have not changed since the 2018 MJHMP update. However, the strategies in which to support the overall town priorities have changed and are reflected in the sections below. There were many projects that were either ongoing day-to-day business activities or were response related that were completed or deleted from the 2018 MJHMP project list and not carried over to this plan update. Several actions were completed and new projects were added to coincide with the changes in priorities, progress in local mitigation efforts and changes in development. Capabilities are the programs and polices currently in use to reduce hazard impacts or that could be used to implement hazard mitigation activities. The capability assessment identifies the local planning mechanisms where information from the 2018 MJHMP is incorporated and where updated hazard mitigation information from this 2023 MJHMP will be incorporated once approved. The 2018 capability assessments have been successfully incorporated into the Town of Tiburon General Plan to include the Public Safety Element, Land Use Element, and Housing Element and the 2023 capability assessments will also be incorporated into the General Plan and these Elements. The capability assessment is divided into four sections: regulatory, administrative and technical, fiscal, and outreach and partnerships. 3.2.1 REGULATORY CAPABILITIES The legal and regulatory capabilities include existing ordinances and codes that affect the Town’s physical or built environment. Examples of legal and/or regulatory capabilities can include: a jurisdiction’s building codes, zoning ordinances, subdivision ordnances, special purpose ordinances, growth management ordinances, site plan review, general plans, capital improvement plans, economic development plans, emergency response plans, and real estate disclosure plans. The table below lists regulatory mitigation capabilities, including planning and land management tools, typically used by local jurisdictions to implement hazard mitigation activities and indicates those that are in place. Table 21: Legal and Regulatory Capabilities Plans Yes/No Latest Update Does the plan/program address hazards? Does the plan identify projects to include in the mitigation strategy? Can the plan be used to implement mitigation actions? General Plan/Master Plan Y 2020 The General Plan outlines long-term direction for development and policy. It describes hazard areas and regulates current and future development based on known hazard areas. As this plan gets updated there is potential to improve it with updated risk information and strategies. Strategic Plan N The Town does not currently have a separate strategic plan. Capital Improvements Plan Y The Capital Improvement Plan (CIP) directs construction activities for Town owned facilities and infrastructure for the next five years. Mitigation actions may involve construction of new or upgraded facilities and infrastructure. As this plan gets updated there is potential to improve it with updated strategies. Economic Development Plan N The Town does not currently have an independent 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-104TOWN OF TIBURON COMMUNITY PROFILE Economic Development Plan, Local Emergency Operations Plan Y 2020 The Emergency Operation Plan is a guide to operations in the event of an emergency and EOC operation. The plan follows the ICS/NIMS structure and is consistent with other plans in Marin County Continuity of Operations Plan Y 2020 Flood Mitigation Plan (FMP) N Hazards and preparedness are address through the Local Emergency Operations Plan, which is a joint partnership with the Town of Tiburon and City of Belvedere. The purpose of this plan is to address hazard mitigation and provide community resources for preparedness. Engineering Studies for Streams N However, the General Plan, Climate Action Plan, and Floor Damage Prevention Ordinance account for mitigation and preventative measures in response to flooding. Open Space Management Plan Y Open Space management influences risk of landslides, wildfire, and in some cases flooding. The Town manages 250 acres of open space. Fire hazard and fuel loading is the primary concern driving management of non-native species in this pan. Regional Transportation Plan (RTP) Y The Town is part of the Metropolitan Transportation Commission and Association of Bay Area Governments’ Plan Bay Area 2050 to address impacts and mitigation measures for housing, the economy, transportation, and the environment. Stormwater Management Plan/Program Y The Town follows guidance established through the Marin County Stormwater Pollution Prevention Program to prevent comply with all state and federal regulations and prevent stormwater pollution. Community Wildfire Protection Plan Y 2023 Create Tiburon 2040, the updated General Plan, establishes policy and programs to retain existing environments and protect community wildlife. Other special plans (e.g., brownfields redevelopment, disaster recovery, coastal zone management, climate change adaptation) Y 2021 The updated Climate Action Plan was adopted in 2021 and has established goals and programs to reduce the Town’s contribution to climate change and other hazards. Building Code, Permitting, and Inspections Y/N Are codes adequately enforced? Building Code Y All applicable Building codes are enforced through permits and verified through field inspections. Building Code Effectiveness Grading Schedule (BCEGS) Score Y Yes Fire department ISO rating: Y The Tiburon Fire Protection District has been evaluated and received a PPC of 1. Site plan review requirements Y The Fire District reviews all substantial construction and grading project subject to building permits or Planning 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-105 TOWN OF TIBURON COMMUNITY PROFILE Department. Minor exterior improvements are also reviewed when deemed appropriate. Land Use Planning and Ordinances Y/N Is the ordinance an effective measure for reducing hazard impacts? Is the ordinance adequately administered and enforced? Municipal Code Y The Municipal Code includes several sections that address hazard mitigation including Title IV Land Improvement and Use, Title V Public Works, and Title VI Public Health, Safety and Welfare. Zoning ordinance (Chapter 16 of Municipal Code) Y The Zoning Ordinance implements the General Plan by establishing specific regulations for development. It includes standards for where development can be located, how buildings must be sized, shaped, and positioned, and what types of activities can occur in an area. Mitigation actions that pertain to new or substantially redeveloped buildings can be adopted into the Zoning Ordinance. Subdivision ordinance Y The purpose of the Town’s Subdivision Ordinance is to implement and supplement the requirements of the Subdivision Map Act found in California Government Code title 7, division 2 concerning the design and improvement of subdivisions and regulating other divisions of land within the town including the form and content of all maps and the procedure to be followed in securing official approval. Floodplain ordinance Y The Municipal Code includes a Flood Damage Prevention chapter which seeks to promote the public health, safety and general welfare, and to minimize public and private losses to flood conditions in specific areas. Natural hazard specific ordinance (stormwater, steep slope, wildfire) Y The Municipal Code includes various chapters and ordinance to address natural hazards including: Chapter 20A: Urban Runoff Pollution Prevention Chapter 16-21.040 - Residential zones development standards. Flood insurance rate maps Y Chapter 13D- Flood Damage Prevention was established to minimize the public and private losses to flood conditions. Standards for construction are included within to account for areas in various flood zones. Elevation Certificates Y Elevations are required during construction of new residences and other substantial projects. Acquisition of land for open space and public recreation uses N Erosion or sediment control program Y Tiburon Municipal Code section 20A-10 (Reduction of pollutant in stormwater) establishes requirements to mitigate the amount of pollution entering the Town’s storm drain systems. Compliance with this section is done by review of the Department of Public Works during the zoning and building permit process and 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-106 TOWN OF TIBURON COMMUNITY PROFILE construction within the public right of way and Town maintained properties. Table 384: Town of Tiburon Legal and Regulatory Capabilities Source: Town of Tiburon Town of Tiburon General Plan or Master Plan California Government Code 65300 requires that every City and County in the state have a General Plan. The Town of Tiburon General Plan, adopted in May 22, 2023, was prepared over a one year period that included an extensive public review process. The General Plan is the most important policy and planning document in the Town and is used by virtually every department. The General Plan is the Town's statement of its vision for the future. The General Plan contains policies covering every aspect of the Town: land use (how land can be developed), circulation, noise, air quality, housing, open space and conservation, and health and safety. The Housing, Land Use, and Safety Elements of the General Plan were updated in 2023. Town of Tiburon specific goals and policies related to mitigation of natural hazards are as follows: Table 22: Town of Tiburon General Plan Goal/Policy/ Program Explanation Land Use Element Goal GOAL LU-B: Ensure that new development is sensitive to on-site and surrounding environmental resources and hazards and can be adequately served by public infrastructure. Policy POLICY LU-2: INFRASTRUCTURE FOR NEW DEVELOPMENT. Assure that sewer, water, and other essential infrastructure improvements must be available to the developer to serve new development by the time of completion of construction and that anticipated traffic levels are consistent with adopted Vehicle Miles Traveled (VMT) standards. New development shall pay its fair share of essential expanded infrastructure to the maximum extent allowed by law. Program Program LU-e: Infrastructure Capacity. Analyze project impacts on infrastructure capacity and services as part of CEQA review and require mitigation measures as needed in consultation with provider agencies. Conservation and Open Space Element Goal GOAL S-B: Reduce greenhouse gas emissions in the community and within government operations to mitigate the effects of climate change. GOAL C-A: Preserve and improve the quality of the environment through resource restoration and conservation, management, and pollution control. Policy POLICY C-10 FLOOD HAZARD ZONE. Avoid construction on lands that are shown to be within the 100-year flood hazard zone as shown on the current FEMA Flood Rate Insurance Map POLICY C-22 AIR QUALITY IMPACTS TO SENSITIVE RECEPTORS: Minimize exposure of sensitive receptors to concentrations of air pollutant emissions, toxic air contaminants, and odors. Program Program S-b Climate Action Plan: Implement the Town’s Climate Action Plan and 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-107TOWN OF TIBURON COMMUNITY PROFILE Table 22: Town of Tiburon General Plan Goal/Policy/ Program Explanation periodically update the plan to incorporate new emission reduction targets, strategies, and best practices. Public Safety Goal GOAL SR-C : Identify hazardous areas & discourage to the maximum extent feasible development of areas subject to hazards including, but not limited to, geotechnical hazards, unstable slopes, and flood-prone areas. Policy POLICY SR-1 EMERGENCY PREPAREDNESS: Ensure that the Town is prepared to effectively respond to any emergency or disaster, including hazardous material releases, in cooperation with other public agencies and appropriate organizations. POLICY SR-7 HAZARD REDUCTION. Actively encourage owners of developed property to repair or improve unstable slopes, install drainage facilities, and take other measures that may reduce potential safety hazards. POLICY SR-10 FLOOD RISK REDUCTION: Reduce the risk of loss of life, personal injury, and property damage resulting from flooding by properly maintaining storm drainage systems, natural flood control channels, and waterways and regulating runoff from new construction and development projects. Encourage flood control measures that retain the natural features and conditions of watercourses to the maximum extent feasible. POLICY SR-11 SEA LEVEL RISE PROJECTIONS: Integrate flooding and sea level rise projections into policies and regulations to inform the public of the future hazard areas, assess and address potential impacts to future development, inform future planning and building requirements, plan for opportunity areas for adaptation, and inform funding and financing decisions about short- and long-term adaptation projects. POLICY SR-15 MITIGATION OF STORM DRAINAGE IMPACTS: Ensure new development mitigates storm drainage impacts and potential increases in runoff through a combination of measures, including improvement of local storm drainage facilities. POLICY SR-17 FIRE RISK REDUCTION: Reduce the risk of loss of life, personal injury, and property damage resulting from wildfire and urban fire hazards through code enforcement and coordination the local Fire Districts and other agencies to ensure the safe delivery of emergency services and the effective evacuation of the community in the event of a disaster. Program Program SR-a Local Hazard Mitigation Plan: Implement the adopted Local Hazard Mitigation Plan to comply with the federal Disaster Mitigation Act of 2000 and maintain eligibility for hazard mitigation funding from FEMA. Program SR-d Identify Evacuation Routes: Work with the Tiburon Fire Protection District, the Southern Marin Fire Protection District, the Marin Wildfire Prevention Authority, and the Tiburon Police Department to identify and map residential developments in hazard areas that do not have at least two emergency evacuation routes and identify mitigation measures as feasible. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-108TOWN OF TIBURON COMMUNITY PROFILE Table 22: Town of Tiburon General Plan Goal/Policy/ Program Explanation Program SR-f Improve Evacuation Routes. Improve local evacuation capacity by identifying evacuation routes through signage and promotion of public safety route identification applications. Assess the feasibility of adding additional evacuation routes. Program SR-g Essential Facilities. Ensure essential public facilities are accessible and operational during flooding, seismic events, fires, extreme heat events, and other emergencies. Essential public facilities include, but are not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities. Program SR-h Post-Earthquake Assessments: Conduct an immediate post-earthquake assessment of critical facilities and buildings in the Planning Area to determine the extent of damages, if any, to essential Town infrastructure. This should be performed by trained professional(s) utilizing the current state-of-knowledge regarding post- earthquake assessment. Program SR-l Landslide Mitigation Policy: Require that new development in areas subject to land sliding comply with the Town’s Landslide Mitigation Policy. Require physical improvements to landslides and to potential landslide areas in instances where avoidance is not feasible or appropriate, as determined through the development review process. Program SR-n Seismic Improvement Program: Create and implement a Seismic Improvement Program for public buildings and infrastructure. The Program shall include conducting a seismic risk assessment of existing Town infrastructure, which would help to create a list which would prioritize the buildings and equipment that should be retrofitted. Following risk assessment, the Town should adopt a Program that would upgrade vulnerable facilities based on the priority list. Program SR-y Special Flood Hazard Areas: Require new development and/or construction, where feasible, to be outside Special Flood Hazard Areas, which are defined by FEMA as areas that would be inundated by a flood having a 1% chance of occurring in any given year. Construction proposed within Special Flood Hazard Areas shall comply with the Town’s Flood Damage Prevention Ordinance (Municipal Code Chapter 13D). Program SR-z Protection from Wave Action: Require structures constructed adjacent to areas subject to the 100-year tidal flood to be protected from destructive wave action. Program SR-dd Stormwater Detention: Utilize on-site detention of stormwater runoff to ensure that post-development peak flow rates from a site resulting from both the two-year and 100-year design rainstorms are not increased by new subdivisions or other permitted development projects. Public Facilities Element Goal GOAL OS-B: Permanently preserve as much open space as possible to protect shorelines, open water, wetlands, significant ridgelines, streams, drainageways, riparian 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-109 TOWN OF TIBURON COMMUNITY PROFILE Table 22: Town of Tiburon General Plan Goal/Policy/ Program Explanation corridors, steep slopes, rock outcroppings, special status species and their habitat, woodlands, cultural and historic resources, and areas of visual importance, such as views of and views from open space. Policy POLICY OS-15 LANDSLIDE MITIGATION: Avoid site grading that is not required by the Town’s Landslide Mitigation Policy to the maximum extent feasible to retain natural landforms. POLICY OS-17 MINIMIZE GRADING IMPACTS: Minimize the impact of grading on adjacent properties, water quality, and air quality. Program Program OS-c Environmental Assessment: Require an environmental assessment for development proposed on sites that may contain sensitive biological resources including wetlands, occurrences of special-status species and sensitive natural communities, native wildlife nurseries and nesting locations, and native wildlife movement corridors. The assessment shall be conducted by a qualified professional to determine the presence, potential presence, or absence of any sensitive resources which could be affected by proposed development, shall provide an assessment of the potential impacts, and shall define measures to avoid significant adverse impacts to the resource. The development project shall be required to implement feasible measures to avoid or, if avoidance is not feasible, reduce significant adverse impacts. Table 385: Town of Tiburon General Plan Source: Town of Tiburon General Plan 3.2.2 ADMINISTRATIVE AND TECHNICAL CAPABILITIES The administrative and technical capability identifies the Town personnel responsible for activities related to mitigation and loss prevention. Many positions are full time and/or filled by the same person. Table 23: Administrative and Technical Capabilities Administrative Yes/No Is coordination effective? Planning Commission Y The Planning Commission serves as the planning agency for the Town and is the review authority for a variety of applications including (but not limited to) use permits, zoning amendments, and subdivision of land. Administrative Services Y Administrative Services Department handles finance and purchasing, budgeting, risk management, information technology, and business licensing for the community. The department may be responsible for implementing mitigation actions related to the department’s scope. Hazard Mitigation Planning Committee Y The Town participates in the Marin County Multi-Jurisdictional Hazard Mitigation Planning Committee that meets quarterly to review and manage Hazard Mitigation 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-110TOWN OF TIBURON COMMUNITY PROFILE projects and programs. Maintenance programs to reduce risk (e.g., tree trimming, clearing drainage systems) Y Chipper Days encourage residents to clear dry brush and vegetation and dispose of at no cost. “BroomBusters” and the Green Team are local volunteer groups that help clear flammable vegetation. The Town of Tiburon has hired goats to clear dry brush (Summer 2023) Mutual aid agreements Y The Tiburon Police Department and the Tiburon Fire Protection District utilizes mutual aid agreements with local agencies and jurisdictions that provide public safety personnel in times of emergency. Technical Yes/No Has capability been used to assess/mitigate risk in the past? Warning systems/services (Reverse 911, outdoor warning signals) Y Utilizes the emergency warning systems through the EAS system as their primary warning capability. Utilizes the emergency warning systems through telephone, text and email notification called Alert Marin utilizing reverse 911. There are six emergency sirens on the peninsula and when sounded alert people to tune in to 840am for local emergency information. Hazard data and information Y Through documents such as the Emergency Operations Plan and General Plan. Grant writing Y Grant writing has primarily been completed through full time Community Development and Administrative staff. Hazus analysis N The Town relies on the information and resources provided through FEMA to asses this information. Staff/Personnel Resources Yes/No FT/ PT Is staffing adequate to enforce regulations? Is staff trained on hazards and mitigation? Is coordination between agencies and staff effective? Chief Building Official Y/FT Yes to all. Floodplain Administrator Y/FT The town engineer is appointed to administer and implement this chapter. The Town may explore certifying the Floodplain Administer to enhance this capability. Emergency Manager N/PT Yes Community Planner Y/FT There are two full time Planners on Town Staff who process current Planning projects and applications, serve as staff liaisons to the Design Review Board, Planning Commission, and Town Council, and assist the Director of Community Development with long range Planning projects. Staff will explore additional Hazard Mitigation Training. Civil Engineer Y/ PT A Civil Engineer is contracted through the Town on a part time basis in addition to the full time Public Works and Engineering staff. GIS Coordinator N/FT The GIS Sytem (MarinMap) used by the Town is maintained through the County of Marin. Community Development Staff Y/FT There are currently two divisions under the Community Development Department. The Building Division is 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-111TOWN OF TIBURON COMMUNITY PROFILE comprised of a Building Official, Building Inspection, Permit Technician, and Permit Clerk. The Planning Division is Comprised of the Director of Community Development, two Associate Planners, and a Planning Technician. Town Planning, Building, and Public Works Staff Y/FT These departments are responsible for planning and building related activities including issuing permits, conducting environmental review, preparing planning documents, and addressing housing issues. Mitigation activities related to planning and building can be implemented by this department. Public Works Department is responsible for Town-owned infrastructure, including streets, bike lanes and sidewalks, storm drains, traffic signals, and streetlights. Mitigation actions involving new or retrofitted public infrastructure, as well as those related to water conservation, fall within the purview of the Public Works Department. Police Department Staff Y/FT The Tiburon Police Department conducts emergency preparedness activities for the community. Mitigation activities related to emergency preparedness can be implemented by the Police Department. Fire Protection District Staff Y/FT The Tiburon Fire District protects the town of Tiburon, the Town of Belvedere, and the surrounding area. The Fire District's boundaries represent a diverse community with responsibility for commercial, residential, wildland / urban interface, and parts of the San Francisco Bay. The Fire Protection District supports implementation of mitigation actions that reduce the risk of wildfire. Table 386: Town of Tiburon Administrative and Technical Capabilities Source: Town of Tiburon 3.2.3 FISCAL CAPABILITIES The fiscal capability assessment shows specific financial and budgetary tools available to the jurisdictions such as community development block grants; capital improvements project funding; authority to levy taxes for specific purposes; fees for water, sewer, gas, or electric services; impact fees for homebuyers or developers for new development; ability to incur debt through general obligations bonds; and withholding spending in hazard-prone areas. Table 24: Fiscal Capabilities Financial Yes/No Has the funding resource been used in the past and for what type of activities? Could the resource be used to fund future mitigation actions? Capital improvements project funding Y Funding has not been used in the past for mitigation, but could possibly fund future mitigation activities. Authority to levy taxes for Y Funding has not been used in the past for mitigation but 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-112TOWN OF TIBURON COMMUNITY PROFILE specific purposes could possibly fund future mitigation activities. Fees for water, sewer, gas, or electric services Y Water, gas, and electric utilities are managed by other agencies. Sanitary funding has not been used in the past for mitigation but could possibly fund future mitigation activities. Impact fees for new development Y Funding has not been used in the past for mitigation but could possibly fund future mitigation activities. Storm water utility fee Y The Town does not collect a storm water utility fee, however it could be a source of revenue in the future. Incur debt through general obligation bonds and/or special tax bonds Y Funding has not been used in the past for mitigation but could possibly fund future mitigation activities. Incur debt through private activities N Community Development Block Grant Y Funding has not been used in the past for mitigation but could possibly fund future mitigation activities. Other federal funding programs Y Funding has not been used in the past for mitigation but could possibly fund future mitigation activities. State funding programs Y Funding has not been used in the past for mitigation but could possibly fund future mitigation activities. Table 387: Town of Tiburon Fiscal Capabilities Source: Town of Tiburon 3.2.4 COMMUNITY OUTREACH The outreach and partnerships capability assessment shows outreach and public education programs available to the Town of Tiburon and the Town of Tiburon partnerships utilized to promote those programs. Table 25: Town of Tiburon Community Outreach Outreach and Partnerships Yes/No Could the program/organization help implement future mitigation activities? Local citizen groups or non-profit organizations focused on environmental protection, emergency preparedness, access and functional needs populations, etc. Y The Tiburon Talk newsletter gets emailed every other month and often contains articles about hazard preparedness and mitigation, including how to sign up for Get Ready classes. Ongoing public education or information program (e.g., responsible water use, fire safety, household preparedness, environmental education) Y A communications team, comprised of staff from Tiburon Town Hall, Public Works, Tiburon Fire and the Tiburon Police Department meet bi-weekly and disseminate information via e-newsletter, nextdoor, all social media outlets and other public messaging methods, Natural disaster or safety related school programs Y GR5 – Get Ready 5th grade, teaches disaster preparedness and includes homework that gets their 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-113TOWN OF TIBURON COMMUNITY PROFILE entire household involved and prepared StormReady certification Y Achieved Firewise Communities certification Y Certification and oversight by the Tiburon Fire Protection District Community Rating System Y As part of the update to the General Plan, a new program was added to participate in the National Flood Insurance Program and to periodically update the Community Rating System to notify residents of hazards of living in a flood- prone area. Public-private partnership initiatives addressing disaster-related issues Y The Get Ready program, developed in Marin County, is a free 2-hour course provided to the community. The course is designed to help residents plan for an emergency with a family plan, evacuation checklist, and strategies to keep residents and their families safe. (https://readymarin.org/get-ready/) Table 388: Town of Tiburon Community Outreach Source: Town of Tiburon 3.2.5 PARTICIPATION IN THE NATIONAL FLOOD INSURANCE PROGRAM Given the flood hazard in the planning area, an emphasis will be placed on continued compliance with the National Flood Insurance Program (NFIP). Detailed below is a description of Town of Tiburon flood management program to ensure continued compliance with the NFIP. Town of Tiburon has participated in the Regular Phase of the NFIP since May 16, 1977. Since then, the Town of Tiburon has administered floodplain management regulations that meet or exceed the minimum requirements of the NFIP. Under that arrangement, residents and businesses paid the same flood insurance premium rates as most other communities in the Town of Tiburon. The Community Rating System (CRS) was created in 1990. It is designed to recognize floodplain management activities that are above and beyond the NFIP’s minimum requirements. Town of Tiburon are not currently CRS participants. In addition to the capabilities in the municipal code regarding floodplains, the Town of Tiburon has additional capabilities. Table 26 shows the Town of Tiburon participation in and continued compliance with the NFIP, as well as identify areas for improvement that could be potential mitigation actions. Table 26: Town of Tiburon NFIP Status NFIP Topic Comments Insurance Summary How many NFIP policies are in the community? What is the total premium and coverage? 68 policies in force in the Town of Tiburon with $105,507 in premiums and 23,362,00 in coverage. How many claims have been paid in the community? What is the total amount of 4 claims have been paid for a total of $256,396. No claims for substantial damage. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-114 TOWN OF TIBURON COMMUNITY PROFILE paid claims? How many of the claims were for substantial damage? How many structures are exposed to flood risk within the community? *“flood risk” is defined as the 1% annual chance flood (100-year flood. Numbers are from overlay of FEMA SFHA and building stock data. 13 Describe any areas of flood risk with limited NFIP policy coverage None Staff Resources Is the Community Floodplain Administrator or NFIP Coordinator certified? No Is floodplain management an auxiliary function? Yes Provide an explanation of NFIP administration services (e.g., permit review, GIS, education or outreach, inspections, engineering capability) The Town has a dedicated website with resources for properties located in the floodplain. Projects in the floodplain are evaluated for whether they meet the threshold for “substantial improvement” and compliance with Chapter 13D - Flood Damage Prevention of the Tiburon Code od Ordinance. What are the barriers to running an effective NFIP program in the community, if any? Cost and staffing challenges. Compliance History Is the community in good standing with the NFIP? Yes Are there any outstanding compliance issues (i.e., current violations)? No When was the most recent Community Assistance Visit (CAV) or Community Assistance Contact (CAC)? 2021 Is a CAV or CAC scheduled or needed? No Regulation When did the community enter the NFIP? May 16, 1977 Are the FIRMs digital or paper? Digital Do floodplain development regulations meet or exceed FEMA or State minimum requirements? If so, in what ways? Exceed the NFIP by State mandated building codes and adopted higher regulatory standards. • State regulations for required disclosure of flood hazards • Current building code adoption and enforcement • Freeboard requirements for residential and non-residential development • Cumulative substantial improvement • Foundation protection requirements with required compaction reports • Positive drainage from foundation walls per building code 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-115TOWN OF TIBURON COMMUNITY PROFILE Provide an explanation of the permitting process. The Town of Tiburon Code of Ordinance implements a permitting process for properties located in flood zones. The ordinance clarifies that no development is allowed in floodways, and projects considered to be “substantial improvement” in a floodplain triggers special construction standards such as floodproofing and elevation above base flood elevation. These construction standards reduce risk of damage from future flood events. Standards must be met as a condition of approval of a building permit in a floodplain. Community Rating System (CRS) Does the community participate in CRS? No What is the community’s CRS Class Ranking? N/A What categories and activities provide CRS points and how can the class be improved? N/A Does the plan include CRS planning requirements N/A Table 389: Town of Tiburon NFIP Status Source: FEMA, Town of Tiburon NFIP Insurance Coverage Details Town of Tiburon joined the NFIP on May 16, 1977. The Town of Tiburon does not participate in the Community Rating System. NFIP insurance data provided by DWR indicates that as of August 8, 2023 there were 68 policies in force in the Town of Tiburon with $105,507 in premiums, resulting in $23,362,000 of insurance in force. There have been 45 closed paid losses totaling $439,490.16. None of the claims were considered substantial damage losses. Of these losses, no parcels were in A or V zones. Of the 68 claims, 53 claims were associated with pre-FIRM structures and 15 with post-FIRM structures. There was 1 repetitive loss structure in the town. There were not any severe repetitive loss properties in the Town of Tiburon. Repetitive Loss Structures Repetitive Loss Residential Structures: 1 Repetitive Loss Non-Residential Structures: 0 Severe Repetitive Loss Residential Structures: 0 Severe Repetitive Loss Non-Residential Structures: 0 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-116 TOWN OF TIBURON COMMUNITY PROFILE 3.3 MITIGATION GOALS The information developed from the risk assessment was used as the primary basis for developing mitigation goals and objectives. Mitigation goals are defined as general guidelines explaining what each jurisdiction wants to achieve in terms of hazard and loss prevention. Hazard Risk Prioritization Mitigation Goals & Objectives Mitigation Project Identification Mitigation Project Implementation Goal statements are typically long-range, policy-oriented statements representing jurisdiction-wide visions. Objectives are statements that detail how each jurisdiction’s goals will be achieved, and typically define strategies or implementation steps to attain identified goals. Other important inputs to the development of jurisdiction-level goals and objectives include performing reviews of existing local plans, policy documents, and regulations for consistency and complementary goals, as well as soliciting input from the public. The following represents overarching strategic goals associated with the identification and eventual implementation of appropriate and meaningful hazard mitigation efforts in relation to prioritized hazards and threats confronting Marin County. These goals form the basis for specific supporting process objectives and are shown from the highest priority, at the top of the list, to those of lesser importance. The establishment of hazard mitigation goals represents both individual and collective strategies that have been mutually agreed upon by the Steering Committee and have changed with the 2023 MJHMP update. Objectives were added to Goals 2 and 5. Eventually, these goals have been adopted by Marin County and its participating jurisdictions as the guiding policy behind local hazard mitigation efforts, in conjunction with other associated principles. Goals were defined for the purpose of this mitigation plan as broad-based public policy statements that: • Represent basic desires of the community; • Encompass all aspects of community, public and private; • Are nonspecific, in that they refer to the quality (not the quantity) of the outcome; • Are future-oriented, in that they are achievable in the future; and • Are time-independent, in that they are not scheduled events. Goals are stated without regard to implementation. Implementation cost, schedule, and means are not considered. Goals are defined before considering how to accomplish them so that they are not dependent on the means of achievement. Goal statements form the basis for objectives 44 CFR Requirement §201.6(c)(3)(i) [The hazard mi�ga�on strategy shall include a] descrip�on of mi�ga�on goals to reduce or avoid long‐term vulnerabili�es to the iden�fied hazards. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-117TOWN OF TIBURON COMMUNITY PROFILE and actions that will be used as means to achieve the goals. Objectives define strategies to attain the goals and are more specific and measurable. Goal 1: Minimize risk and vulnerability of the community to the impacts of natural hazards and protect lives and reduce damages and losses to property, economy, and environment in Marin County. •Minimize economic and resource impacts and promote long-term viability andsustainability of resources throughout Marin County. •Minimize impact to both existing and future development. •Provide protection for public health. •Prevent and reduce wildfire risk and related losses. Goal 2: Provide protection for critical facilities, infrastructure, utilities, and services from hazard impacts. •Incorporate defensible space and reduce hazard vulnerability. •Develop redundancies in utilities and services. •Enhance resilience through enhanced construction. Goal 3: Improve public awareness, education, and preparedness for hazards that threaten our communities. •Enhance public outreach and participation in the Alert Marin Emergency NotificationSystem. •Enhance public outreach, education, and preparedness program to include all hazardsof concern. •Increase public knowledge about the risk and vulnerability to identified hazards and theirrecommended responses to disaster events, including evacuation and shelteringoptions. •Provide planning and coordination for "At-Risk" populations. •Provide planning and coordination for companion animals, livestock, and other animalpopulations. •Increase community awareness and participation in hazard mitigation projects andactivities. Goal 4: Increase communities' capabilities to be prepared for, respond to, and recover from a disaster event. •Improve interagency (local, state, federal) emergency coordination, planning, training,and communication to ensure effective community preparedness, response andrecovery. •Enhance collaboration and coordination of disaster-related plans, exercises, and trainingwith local, state, and federal agencies, neighboring communities, private partners, andvolunteers. •Enhance the use of shared resources/Develop a strong mutual aid support system. •Create and maintain a fully functional, interoperable radio and communication systemwith all regional public safety partners. Goal 5: Maintain FEMA Eligibility/Position the communities for grant funding. •Review hazard events and ongoing hazard mitigation projects annually. •Assess the need to pursue or adjust hazard mitigation projects after significant hazardevents. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-118TOWN OF TIBURON COMMUNITY PROFILE Goal 6: Reduce exposure to High Hazard Dams that pose an unacceptable risk to the public. •Improve alert and warning systems to provide residents downstream of a High Hazard Dam to receive timely warning to evacuation when threatened by potential or imminent dam failure. •Enhance overall community preparedness to respond and evacuate a potential or imminent dam failure. •Increase public awareness of the risk posed by High Hazard Dams and the potential for relocation of housing outside a possible inundation zone. •Prioritize High Hazard Dam Mitigation projects and programs. 3.4 STATUS OF PREVIOUS MITIGATION ACTIONS Table 27 summarizes the actions that were recommended in the previous version of the hazard mitigation plan and their implementation status at the time this update was prepared. Table 27: Status of Previous Hazard Mitigation Actions Action Number / Name Completed Ongoing NotStarted Included in Updated Action Plan Also as part of the Capital Improvement Program, the Town will implement a foundation repair to a section of Paradise Drive in order to shore up the embankment by constructing a "soil nail" wall. This would help stabilize the exposed earthen bank that holds up Paradise Dr. just past the Caprice restaurant, which street segment could be susceptible to landslide as a result of earthquakes or storms. X X The Town will continue to research the possibility of construction of a new LEED certified Public Works Corp Yard, as this is the Town's primary critical facility in need of repair/updating. Seismic retrofit work would be done simultaneously in order to ensure this critical facility could withstand the next major earthquake in the Bay Area. This project is largely dependent on funding. X X In order to assist with the prevention of wildfires, the Town will work with Conservation Corps North Bay to obtain a matching Cal Fire Grant in order to implement the fire related items within the Town's Open Space Management Plan. The Town's Public Works Department will also begin working on a "zone approach" to remedy the highest priority areas in the open space to clear out invasive species and heavy brush. In addition, the Town will begin implementation of a program designed for residents living adjacent to open space, which outlines the guidelines for mowing grasses and vegetation clearing on open space lands. X X Continue to facilitate the distribution of emergency preparedness materials and trainings through the Tiburon Office of Emergency Services X X 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-119TOWN OF TIBURON COMMUNITY PROFILE Table 390: Status of Previous Hazard Mitigation Actions Source: Town of Tiburon 3.5 HAZARD MITIGATION ACTIONS The 2023 Marin County MJHMP and Town of Tiburon Annex were revised to reflect progress in local mitigation efforts. Mitigation projects were selected for each hazard and for the Town of Tiburon based off the hazard risk assessment. The projects are supported by the mitigation goals and objectives, and are ranked using the following criteria; approximate cost, timeframe of completion, whether the project requires Town Council regulatory action, and an assumption as to whether or not the project would be subject to CEQA or NEPA requirements. Funding sources are identified for all projects. All projects consider new, future, and existing development. Project worksheets are used by the Planning Team and Marin County and Town of Tiburon Steering Committee to describe criteria for each project. Based on the hazard profiles, threat assessment, capabilities assessment, community survey results, discussions among the Planning Team members, and existing best practices, a set of potential mitigation actions was developed and then evaluated based on the following criteria: •FEMA requires local governments to evaluate the monetary and non-monetary costsand benefits of potential mitigation actions. Although local governments are notrequired to assign specific dollar values to each action, they should identify thegeneral size of costs and benefits. •The Planning Team may elect to include measures with a high cost or low benefits, but such measures should be clearly beneficial to the community and an appropriate useof local resources. In addition, FEMA directs local governments to consider the following questions as part of the financial analysis: •What is the frequency and severity of the hazard type to be addressed by the action, and how vulnerable is the community to this hazard? •What impacts of the hazard will the action reduce or avoid? •What benefits will the action provide to the community? Table 27: Status of Previous Hazard Mitigation Actions Action Number / Name Completed Ongoing NotStarted Included in Updated Action Plan Continue to facilitate the distribution of emergency preparedness materials and trainings through the Tiburon Office of Emergency Services Conduct periodic tests of the emergency sirens and BEARS emergency warning systems X X Continue to maintain the emergency operations center X X Address coastal erosion along Main Street seawall X X Use existing hydraulic analysis to design and implement improvements to Beach Road area drainage. X X Culvert repair/replacement on San Rafael Ave at Lagoon where flooding occurred. (Belvedere- Tiburon joint project) X X 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-120TOWN OF TIBURON COMMUNITY PROFILE The Planning Team also chose to review and revise the potential hazard mitigation actions with consideration for climate impact and social vulnerability. Projects and programs were assessed with consideration of these variables. Prioritization As part of the mitigation actions development and review, the Planning Team also prioritized the actions. The prioritization efforts looked at the risks and threats from each hazard; lifesaving, life safety, property protection and lastly environmental protection; financial costs and benefits; technical feasibility; consideration for climate impact, and social vulnerability, and community values. Planning Team members were asked to identify their priority actions using the following criteria. Implementation priority ratings were assigned as follows: •High Priority - An action that meets multiple objectives, is linked to a high risk hazard, has benefits that exceed costs, and has a potential source of funding. Action can beginwithin the short term (1 to 5 years). •Medium Priority - An action that meets multiple objectives, is linked to a high or medium risk hazard, has benefits that exceed costs, and is eligible for funding though no funding has yet been secured for it. Action can begin within the short term (1 to 5 years) once funding is secured. •Low Priority - An action that will mitigate the risk of a hazard, has benefits that do notexceed the costs or are difficult to quantify, has no secured source of funding, and is noteligible for any known grant funding. Action can be completed in the long term (1 to 10years). Low-priority actions may be eligible for grant funding from programs that havenot yet been identified. Table 28 lists the Current Hazard Mitigation Actions for the Town of Tiburon. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-121TOWN OF TIBURON COMMUNITY PROFILE Table 28: Town of Tiburon Current Hazard Mitigation Actions No. Mitigation Actions Hazards Mitigated/ Goals Met Jurisdiction/ Responsible Agency New, Existing, Completed, Removed Estimated Cost and Potential Funding Source Timeline/ Priority Comments/ Progress T-1 Get Ready 94920 Disaster Preparedness Program All Hazards/ 1, 2, 3, 4, 5 Town of Tiburon and Tiburon Office of Emergency Services Existing Cost: $4,600 per year, General Fund, BRIC, MHGP, FMA, CDAA Grants. Ongoing, Very High Program to educate residents how to protect themselves for disaster, including earthquakes, wildfires, storms, and power outages. Outreach is done through public meetings and individual training with residents. T-2 Encourage participation in Alert Marin and other community alert & warning systems to ensure the public is aware of any potential emergencies. All Hazards/ 1, 2, 3, 4, 5 Town of Tiburon and Tiburon Office of Emergency Services Existing Cost: TBD General Funds, BRIC, MHGP, FMA, CDAA Grants. Ongoing, High T-3 Emergency Operations Center (EOC) All Hazards/ 1, 2, 4, 5 Tiburon Office of Emergency Services Existing Cost: TBD General Fund, BRIC, MHGP, FMA, CDAA Grants. Ongoing, Very High Continue to maintain the Emergency Operations Center T-4 Climate Action Plan All Hazards/ 1, 2, 4, 5 Town of Tiburon Existing Cost TBD General Funds Present To 2030, High Establish programs and policies to mitigate climate change, including sea level rise and flooding. T-5 Review and adopt current California Building and Fire codes All Hazards/ 1, 2, 4, 5 Town of Tiburon, Tiburon Fire Protection District Existing Cost: TBD General Funds 1 – 3 years/ High The Town continues to review and adopt current California Building and Fire codes. T-6 Review and adopt current California Building codes for seismic, flood, fire and other disaster. All Hazards/ 1, 2, 4, 5 Town of Tiburon Existing Cost: TBD General Funds 1 – 3 years/ High The Town continues to review and adopt current California Building and Fire codes. T-7 Open Space Management All Hazards/ 1, 2, 4, 5 Town of Tiburon Public Works Existing Cost: $925,000, Capital Improvement Projects 2023-28, Medium The plan sets forth priorities for managing approximately 250 acres of open space among 21 parcels. The primary emphasis of the pro- 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-122TOWN OF TIBURON COMMUNITY PROFILE Table 28: Town of Tiburon Current Hazard Mitigation Actions No. Mitigation Actions Hazards Mitigated/ Goals Met Jurisdiction/ Responsible Agency New, Existing, Completed, Removed Estimated Cost and Potential Funding Source Timeline/ Priority Comments/ Progress gram is the management of vegetation. T-8 Assess Vulnerability to Landslides and Land Subsidence Debris Flow, Land Subsidence/ 1, 2, 4, 5 Town of Tiburon Existing Cost: TBD General Funds Ongoing/ Low Review landslides and Land subsidence to date and geological data to determine areas at risk of future landslides or land subsidence. T-9 Elevate or Retrofit Structures and Utilities Debris Flow, Flooding/ 1,2, 4, 5 Town of Tiburon Existing Cost: TBD BRIC, MHGP, FMA, CDAA grants or privately funded Ongoing/ High Recommend and support property owners in raising their homes out of the flood zone. T-10 Increase Awareness of Sea Level Rise Sea Level Rise/ 1, 2, 3, 4, 5 Town of Tiburon New (2023) Cost: TBD General Funds 1-3 Years/High Updated Climate Action Plan and General Plan to provide information, policies, and programs related to sea level rise T-11 Storm Drain Maintenance & Rehabilitation Flooding, Sea Level Rise, Tsunami/ 1, 2, 4, 5 Town of Tiburon Public Works Existing Cost: $2,004,171, Capital Improvement Projects 2023-28, High Design complete, (2) projects planned for FY23-24, storm drain lining and Railroad Marsh maintenance. T-12 Main Street Seawall Repairs Flooding, Sea Level Rise, Tsunami/ 1, 2, 4, 5 Town of Tiburon Public Works Existing Cost: $250,000, Capital Improvement Projects 2023-24, High The design phase is underway. Construction to occur in FY23-24. T-13 ORT Culvert Rehabilitation Flooding, Sea Level Rise, Tsunami/ 1, 2, 4, 5 Town of Tiburon Public Works New (2023) Cost: $155,000, Capital Improvement Projects 2023-24, Medium T-14 Beach Road Drainage Improvements Flooding, Sea Level Rise, Tsunami/ Town of Tiburon Public Works New (2023) Cost: $710,000, Capital Improvement Projects 2023-25, High 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-123TOWN OF TIBURON COMMUNITY PROFILE Table 391: Town of Tiburon Current Hazard Mitigation Actions Table 28: Town of Tiburon Current Hazard Mitigation Actions No. Mitigation Actions Hazards Mitigated/ Goals Met Jurisdiction/ Responsible Agency New, Existing, Completed, Removed Estimated Cost and Potential Funding Source Timeline/ Priority Comments/ Progress 1, 2, 4, 5 T-15 Main Street Sea Level Rise Flooding, Sea Level Rise, Tsunami/ 1, 2, 4, 5 Town of Tiburon Public Works New (2023) Cost: TBD Capital Improvement Projects Ongoing, High T-16 Fire Road Maintenance Wildfire/ 1, 2, 4, 5 Town of Tiburon Public Works Existing Cost: $100,000, Capital Improvement Projects 2023-2024, Medium T-17 Vegetation Management Plans (VMP) for development in the Wildland-Urban Interface (WUI) areas. Wildfire/ 2, 4, 5, Town of Tiburon, Tiburon Fire Protection District Existing Cost: TBD General Funds Ongoing, Very High T-18 Follow MMWD and State guidelines on water conservation during droughts Drought 1, 2, 3, 4, 5 Town of Tiburon Existing Cost: TBD General Funds Ongoing/ Low Follow MMWD and State guidelines on water conservation during droughts T-19 Enhance Community facilities to support the socially vulnerable population during extreme weather events. Severe Weather - Heat 1, 2, 4, 5 Town of Tiburon, Marin County, Fire Districts New (2023) Cost TBD: HMGP, BRIC, CDAA, Private Local Grants 1 - 2 years/ High T-20 Vegetation Management around at risk PG&E power lines and electrical line undergrounding projects by PG&E. Wildfire, Drought, Severe Weather – Heat & Wind 1, 2, 4, 5, Town of Tiburon, Marin County, Fire Districts New (2023) Cost TBD: HMGP, BRIC, Fire Safe Marin, Private Local Grants 1 - 2 years/ High T-21 Earthquake natural gas valves are required in new construction or during substantial remodel work. Earthquake/ 1, 2, 4, 5 Town of Tiburon New (2023) Cost: TBD HMGP, BRIC, CDAA 2 -5 Years/ High T-22 Increase height and retrofit existing levees in town Levee Failure/ 1, 2, 4, 5 Town of Tiburon Public Works New (2023) Cost: TBD HMGP, FMA, BRIC, CDAA Grants 5-20 Years/High Increase height and retrofit existing levees in town Town properties with high amounts of dry, brushy, and other wind driven fire prone vegetation to have work done to remove this material. Reduces the chance of a wildland fire igniting the structure(s). Supports environmental restoration. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-124TOWN OF TIBURON COMMUNITY PROFILE 3.6 PROGRESS IN LOCAL MITIGATION EFFORTS This plan has been created as a “living” document with input from the population and professionals within the Town of Tiburon. Based on the planning meetings and the progress monitored by the steering committee members several mitigation actions were accomplished since the last planning cycle. Table 27 provides a brief description of the progress made in the local mitigation efforts and the plan for those mitigation actions that were not completed or are ongoing. The planning team for the Town of Tiburon identified and prioritized the mitigation actions as detailed in Table 28, based on the risk assessment and in accordance with the process outline in Section 3, Mitigation Strategy, of the base plan. Background information and information on how each action will be implemented and administered, such as ideas for implementation, responsible office, potential funding, estimated cost, and timeline are also included. General processes and information on plan implementation and maintenance of this LHMP by all participating jurisdictions is included in Section 4.0: Plan Review, Evaluation, and Implementation. 3.7 PLAN INTEGRATION For hazard mitigation planning, “integration” means that hazard mitigation information is used in other relevant planning mechanisms, such as general planning, capital facilities planning, emergency management, hazard specific planning, and that relevant information from those sources is also used in hazard mitigation. This section identifies where such integration is already in place from the 2018 MJHMP, and where the 2023 MJHMP will be used for further integration. The planning team for the Town of Tiburon will maintain this plan and will serve as a lead staff for grant project applications on Town projects selected for application under the Hazard Mitigation Assistance grant programs. An important implementation mechanism that is highly effective and low-cost is incorporation of the hazard mitigation plan recommendations and their underlying principles into town plans and mechanisms. Where possible the Town of Tiburon will use existing plans and/or programs to implement hazard mitigation actions. Mitigation is most successful when it is incorporated into the day-to-day functions and priorities of government and development. As described in this plan’s capability assessment, the Town of Tiburon already implements policies and programs to reduce losses to life and property from hazards. This plan builds upon the momentum developed through previous and related planning efforts and mitigation programs and recommends implementing actions, where possible, through these other program mechanisms. These existing mechanisms include Integration opportunities for the 2023 Marin County MJHMP: Town General Plan - Integrates hazard mitigation through the consideration of hazards most likely to impact the Town. These hazards are considered in the Safety Element, Housing Element and Open Space Element. Town Emergency Operations Plans – Integrates hazard mitigation through the consideration of the Town’s planned response to hazards most likely to impact the Town. County, City and Town Ordinances - Integrates hazard mitigation through the consideration of plans and policies outlined in the capability assessments in the jurisdictional annexes. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-125TOWN OF TIBURON COMMUNITY PROFILE Flood/Storm Water Management/Master Plans - Integrates hazard mitigation through the consideration of strategies to reduce flood risk and storm water management for the protection of life and property. Community Wildfire Protection Plan - Integrates hazard mitigation through the consideration of strategies to reduce fire hazard and the risk of catastrophic wildfires in the WUI, while promoting the protection and enhancement of the county’s economic assets and ecological resources. The successful implementation of this mitigation strategy will require review of existing plans and programs for coordination and multi-objective opportunities that promote a safe, sustainable community. A few examples of incorporation of the MJHMP into existing planning mechanisms include: 34.As recommended by Assembly Bill 2140, each community should adopt (by reference or incorporation) this MJHMP into the Safety Element of their General Plans. Evidence of adoption (by formal, certified resolution) shall be provided to CalOES and FEMA 35.Integration of flood actions identified in this mitigation strategy with the actions and implementation priorities established in existing Flood Management Programs 36.Using the risk assessment information to update the hazards section in the County, City and Town Emergency Operations Plans Efforts should continuously be made to monitor the progress of mitigation actions implemented through these other planning mechanisms and, where appropriate, their priority actions should be incorporated into updates of this hazard mitigation plan. 3.8 FUTURE DEVELOPMENT TRENDS The Town of Tiburon is located in Marin County, approximately eight miles north of the Golden Gate Bridge. Incorporated in 1916, the Town of Tiburon encompasses approximately 4.5 square miles in total. However, 1.25 square miles of this area is submerged under bay waters and 0.67 square mile is protected marshland, leaving a net land area of 2.55 square miles. Parks, open space, and flood control areas comprise 0.38 square mile of this net land area. Highway 101, the main freeway connecting San Francisco with the Marin communities and Sonoma County, bisects Corte Madera. The Town’s most significant growth period was from 1940 to 1970 when the community’s population increased from 1,098 to 8,464. The Town currently has a population of 10,029 according to the California Department of Finance. Housing affordability in Marin County and in the Bay Area has become an increasingly important issue. Tiburon’s housing conditions are reflective of many area-wide and even nation-wide trends. Over the past several decades, housing costs have skyrocketed out of proportion to many people’s ability to pay, with increasing construction and land costs contributing to the rise in housing prices. In the Bay Area, the high demand for housing pushes prices even higher. This mismatch in household incomes and housing costs has several implications: it becomes more difficult for employers to recruit and retain employees; new residents are pushed farther away from job centers where home prices are less expensive, leading to long traveling distances to work, higher greenhouse gas emissions from vehicles, and increasingly clogged highways; and many young families, longtime residents, their children, and other community members without high incomes relocate because they can no longer afford to live in the community. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-126TOWN OF TIBURON COMMUNITY PROFILE The Town recognizes that it occupies the ancestral home of the Coast Miwok indigenous people. The Coast Miwok were displaced during Spanish colonization and the rise of missionaries, and were further excluded from their land during Mexican occupation and the ranching era. Today, there are few Native American people living in Tiburon and Marin County. Historical lending and zoning practices, including redlining and exclusionary covenants, have resulted in segregated living patterns in Marin and racially disparate housing outcomes. People of color have not benefited from the generational transfer of home equity and homes themselves, as some white people have, and rapidly escalating housing costs in more recent decades have made it extremely difficult for people of color to get a foothold in the housing market. Anti-development sentiment throughout Marin County has also restricted new housing development, helping maintain patterns of segregation. As a result, Marin is one of the most segregated counties in the Bay Area, with five of the ten most segregated Census tracts in the region. Providing more housing and a variety of housing types at different affordability levels will help to diversify the Corte Madera community and result in more balanced and integrated living patterns throughout the Bay Area. It will also bring fresh perspectives, lived experiences, skills, and expertise to Tiburon, ensuring that the community is well equipped to face future challenges and opportunities. As detailed in the "Climate Change and Future Development Considerations" section of each hazard profile, development in Tiburon has occurred and will continue to occur throughout the town in areas prone to all of its identified hazards. Increased growth in these areas may increase the vulnerability of people and structures to these hazards. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-127 TOWN OF TIBURON COMMUNITY PROFILE SECTION 4.0: PLAN REVIEW, EVALUATION, AND IMPLEMENTATION The strategies presented are deemed appropriate and effective by recommendation of the Town of Tiburon. 4.1 PLAN ADOPTION Upon submission to the California Office of Emergency Services (CalOES) for review, and subsequent approval by the Federal Emergency Management Agency (FEMA), the Marin County MJHMP will be presented to local government for formal adoption. As appropriate, the adopted plan and accompanying Town of Tiburon Community Profile will then be incorporated into local general plans for integration into organizational policy. 4.2 PLAN MONITORING The process of hazard mitigation does not end with the completion, approval, and adoption of the Marin County OA MJHMP. During the five-year lifespan the Marin County and Town of Tiburon plan, the County, cities, towns and special districts, along with community-based organizations will ensure that the mitigation goals and strategies identified are exercised and monitored under a collaborative and cooperative umbrella, and that the document itself is properly maintained. The Marin County Office of Emergency Management, as lead coordinating agency for hazard mitigation planning within the Marin County OA, leads the Marin Operational Area Hazard Mitigation Working Group that meets quarterly to review and manage the plan, projects, and programs. The Town of Tiburon is a participating member of the Marin Operational Area Hazard Mitigation Working Group. The Town of Tiburon Public Works Director will monitor and update the Town of Tiburon Annex to the Marin County OA MJHMP. The review will identify changing community priorities, updated or new planning documents and the progress or status of the mitigation actions as detailed in the mitigation strategy. Additional questions to complete the review will be considered as follows: • Do the goals address current and expected conditions? • Are the goals and objectives consistent with changes in the local, state, and federal policy? • Status updates on all mitigation actions? • Have the hazards or risks changed? • Are current resources appropriate for implementing the MJHMP? • Have the outcomes occurred as expected? • Is the County and jurisdictions or districts participating in the plan implementation process as expected? The Working Group is a subgroup of the Marin Disaster and Citizens Corps Council. During the five-year update cycle, the Marin Operational Area Hazard Mitigation Working Group will have quarterly update meetings with the Hazard Mitigation Planning Committee and local stakeholders to discuss revisions to the plan and progress updates for the hazard mitigation actions. Further, Marin OEM will host an annual one-day mitigation summit to increase engagement and enhance collaboration on the plan and projects. The summit will also have the 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-128 TOWN OF TIBURON COMMUNITY PROFILE goal to educate stakeholders on innovative approaches to mitigation, trends, and new plan requirements. Marin OEM, as the host, will seek subject matter experts, state and federal officials, and representatives from within the Marin OA to speak to mitigation and planning. The knowledge gathered and the coordination facilitated during the summit will be used to update the base plan and annexes. Marin OEM has the capacity to lead the Working Group and Multi-Jurisdictional Planning with one coordinator assigned with direct maintenance of the plan, a department analyst assigned to support the coordinator with project and grant tracking, and a community preparedness coordinator assigned with conducting regular public outreach on the plan and education on mitigation. Community feedback and integration will continue through outreach events and OEM website, where residents and visitors are invited to provide feedback through a survey, available in English or Spanish. Specific plan maintenance activities by the Marin County Office of Emergency Management and its participating jurisdictions/special districts may include: • Hold quarterly update meetings with the Hazard Mitigation Planning Committee and local stakeholders to discuss revisions to the plan and progress updates for the hazard mitigation actions. • Annual Hazard Mitigation Summit • Holding public meetings after the first quarter and third quarter update meetings. • Maintaining the Marin County OEM Hazard Mitigation Website, which provides the public with the ability to access identified hazard impact maps, location address search capability, and a listing of hazard mitigation actions. • Monitoring of the Marin County and all participating jurisdiction mitigation project activities and dissemination of status reports. • Generation of reports relative to plan status, project management, and revision updates to executive leadership. Preparations for the plan’s future revision and updating. 4.3 PLAN EVALUATION Upon approval and adoption by the Town of Tiburon, the prioritized mitigation strategies will be further developed for funding and implementation by the lead agencies. The plan describes the potential sources of hazard mitigation funding, and general procedures to obtain that funding. The mitigation strategies represented and adopted within this plan are recommendations only and must be approved and funded in order to be implemented as official mitigation solutions. Ultimately, it is the responsibility of jurisdictional and agency officials within the Marin County to undertake project implementation based upon identified mitigation strategies, funding availability, and local need when it arises. The Marin County Office of Emergency Management will meet with the Marin Operational Area Hazard Mitigation Working Group, including the Town of Tiburon, to evaluate the plan after each update meeting. 4.4 PLAN UPDATE The Town of Tiburon Public Works Director will monitor and update the Town of Tiburon Annex to the Marin County OA MJHMP. During the five-year update cycle, the Town of Tiburon and the Marin County Office of Emergency Management will hold quarterly update meetings with the Marin Operational Area Hazard Mitigation Working Group and local stakeholders to discuss revisions to the plan and progress updates for the hazard mitigation actions. The Marin County 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-129 TOWN OF TIBURON COMMUNITY PROFILE Office of Emergency Management and all participating jurisdictions and special districts will continue to hold public meetings after the first quarter and third quarter update meetings annually and will continue to invite public participation in the update process via updated public surveys. 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-130 TOWN OF TIBURON COMMUNITY PROFILE FIGURES AND TABLES Figures Figure 1: Marin County OEM MJHMP Website.................................................................... 15-18 Figure 2: Marin County OEM MJHMP Public Town Hall Meeting ......................................... 15-19 Figure 3: Hazard Mitigation Plan Public Outreach Press Release ....................................... 15-20 Figure 4: Hazard Mitigation Plan Survey ............................................................................. 15-21 Figure 5: Map of Town of Tiburon in Marin County .............................................................. 15-24 Figure 6: Map of the Town of Tiburon .................................................................................. 15-25 Figure 7: The Town of Tiburon Precipitation and Monthly Temperatures .............................. 15-27 Figure 8: Races in Tiburon .................................................................................................. 15-28 Figure 9: Town of Tiburon Land Use Map ............................................................................ 15-30 Figure 10: Town of Tiburon Social Vulnerability Map Census Tract 1212.00 ........................ 15-33 Figure 11: Town of Tiburon Social Vulnerability Map Census Tract 1241.00 ........................ 15-34 Figure 12: Town of Tiburon Critical Facilities ....................................................................... 15-38 Figure 13: Town of Tiburon Risk Assessment – Planning Team Top Hazards ...................... 15-40 Figure 14: Hazard Risk Categorization ................................................................................ 15-40 Figure 15: NASA Global Temperature Change CO2 Gas .................................................... 15-44 Figure 16: NASA Global Temperature Change 1884 to 2022 .............................................. 15-44 Figure 17: NASA Global Temperature Change Sea Level ................................................... 15-45 Figure 18: Annual Mean Sea Level Trends .......................................................................... 15-47 Figure 19: Landslide Susceptibility Classes ........................................................................ 15-52 Figure 20: Mud Flow Areas ................................................................................................. 15-53 Figure 21: Town of Tiburon Debris Flow Critical Facilities and Infrastructure ....................... 15-54 Figure 22: Landslide in Vistazio West (Tiburon) - February 2019 ........................................ 15-55 Figure 23: Modified Mercalli Intensity Scale ........................................................................ 15-58 Figure 24: Mercalli Scale vs. Magnitude .............................................................................. 15-58 Figure 25: Soil Types .......................................................................................................... 15-59 Figure 26: Marin County Earthquake Impact and Fault Lines .............................................. 15-61 Figure 27: Town of Tiburon Earthquake Critical Facilities and Infrastructure ........................ 15-62 Figure 28: Diagram of an Atmospheric River Event ............................................................. 15-65 Figure 29: Town of Tiburon Flooding Critical Facilities and Infrastructure ............................ 15-67 Figure 30: Town of Tiburon Flooding – January 5, 2023 ...................................................... 15-70 Figure 31: Dissolution Sinkhole Formation .......................................................................... 15-72 Figure 32: Cover-Subsidence Sinkhole Formation .............................................................. 15-72 Figure 33: Cover-Collapse Sinkhole Formation ................................................................... 15-73 Figure 34: Levee Failure Mechanisms ................................................................................ 15-74 Figure 35: Town of Tiburon Levee Failure Critical Facilities and Infrastructure .................... 15-76 Figure 36: Town of Tiburon Sea Level Rise ......................................................................... 15-80 Figure 37: Projections of Sea Level Rise in the San Francisco Bay Area, 2000-2100 ......... 15-81 Figure 38: Heat Index ......................................................................................................... 15-82 Figure 39: Annual Average Temperatures in the San Francisco Bay Area, 2000-2100 ........ 15-83 Figure 40: Beaufort Wind Scale .......................................................................................... 15-84 Figure 41: Enhanced Fujita Scale ....................................................................................... 15-85 Figure 42: Waterspout Formation ........................................................................................ 15-85 Figure 43: Town of Tiburon Tsunami Critical Facilities and Infrastructure ............................. 15-87 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-131 TOWN OF TIBURON COMMUNITY PROFILE Figure 44: Town of Tiburon Tsunami Impacts – January 16, 2022 ....................................... 15-88 Figure 45: Federal, State and Local Responsibility Areas in the Marin County OA .............. 15-90 Figure 46: Fuel Model Map for the Marin County OA .......................................................... 15-94 Figure 47: Town of Tiburon Wildfire Critical Facilities and Infrastructure .............................. 15-98 Figure 48: Trends in the Annual Number of Large Wildfires in the United States ................. 15-99 List of Tables Table 1: Local Hazard Mitigation Planning Team Members ................................................... 15-8 Table 2: 2023 MJHMP Planning Team Members ................................................................. 15-12 Table 3: Town of Tiburon & Marin County MJHMP Planning Meetings ................................. 15-16 Table 4: Town of Tiburon Estimated Jurisdictional Population .............................................. 15-27 Table 5: Population Change of The Town of Tiburon ........................................................... 15-27 Table 6: Languages Spoken in Tiburon ............................................................................... 15-28 Table 7: Marin County Jurisdictional Housing Stock ............................................................ 15-29 Table 8: NRI Hazards and Marin County MJHMP Hazards.................................................. 15-31 Table 9: NRI Hazard Type Risk Index for Tiburon Census Tract 1212.00 ............................ 15-32 Table 10: NRI Hazard Type Risk Index for Tiburon Census Tract 1241.00 .......................... 15-33 Table 11: Household Income for The Town of Tiburon as of 2021 ........................................ 15-35 Table 12: Town of Tiburon Civilian Employed Population 16 years+ by Industry .................. 15-36 Table 13: Town of Tiburon Critical Facilities ......................................................................... 15-37 Table 14: Historic Sites in Tiburon ....................................................................................... 15-39 Table 15: Select Hazards Magnitude/ Severity Scale or Index ............................................. 15-41 Table 16: Town of Tiburon Hazard Risk Assessment ........................................................... 15-49 Table 17: Hazard Risk Assessment ..................................................................................... 15-50 Table 18: Residential Structures in The Town of Tiburon by Flood Zone .............................. 15-69 Table 19: Town of Tiburon Critical Facilities in the Flood Zones ........................................... 15-70 Table 20: Town of Tiburon Future Growth Areas ................................................................ 15-102 Table 21: Town of Tiburon Legal and Regulatory Capabilities ............................................ 15-106 Table 22: Town of Tiburon General Plan ............................................................................ 15-109 Table 23: Town of Tiburon Administrative and Technical Capabilities .................................. 15-111 Table 24: Town of Tiburon Fiscal Capabilities ..................................................................... 15-112 Table 25: Town of Tiburon Community Outreach ................................................................ 15-113 Table 26: Town of Tiburon NFIP Status .............................................................................. 15-115 Table 27: Status of Previous Hazard Mitigation Actions ...................................................... 15-119 Table 28: Town of Tiburon Current Hazard Mitigation Actions ........................................... 15-123 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-132 TOWN OF TIBURON COMMUNITY PROFILE ACRONYMS/ABBREVIATIONS Acronym Definition ABAG Association Bay Area of Governments ADU Accessory Dwelling Units AQI Air Quality Index ARP Address Resolution Protocol ASL American Sign Language ATSDR Agency for Toxic Substances and Disease Registry BAAQMD Bay Area Air Quality Management District BCDC Bay Conservation and Development Commission BCEGS Building Code Effectiveness Grading Schedule BCPUD Bolinas Community Public Utility District BFE Base Flood Elevation BRIC Building Resilient Infrastructure and Communities CA California CAC Community Assistance Contact CAL FIRE California Department of Forestry and Fire Protection Cal OES California Office of Emergency Services CAP Climate Action Plan CASPER Community Assessment for Public Health Emergency Response - California Department of Public Health CAV Community Assistance Visit CDAA California Disaster Assistance Act CDC Centers for Disease Control and Prevention CDI Certified Deaf Interpreter CEQA California Environmental Quality Act CERT Community Emergency Response Team CGS California Geological Survey CIP Capital Improvement Plan CIR Conservation Incentive Rate CITR Conservation Incentive Tier Rate CMFD Central Marin Fire District CMSA Central Marin Sanitation Agency CNRA California Natural Resource Agency 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-133 TOWN OF TIBURON COMMUNITY PROFILE CO Carbon Monoxide COVID-19 Coronavirus Disease 2019 COYL Coyote Creek Left Bank Levee CPUC California Public Utilities Commission CRF Community Risk Factor CRI Community Resilience Index CRS Community Rating System CRT Community Response Team CSA County Service Area C-SMART Sea-level Marin Adaption Response Team CWPP Community Wildfire Protection Plan DDoS Distributed Denial of Service DMA Disaster Mitigation Act DNS Domain Name System DOF California Department of Finance DoS Denial-of-Service DPW Department of Public Works DR Disaster Relief DSOD Division of Safety of Dams - California Department of Water Resources DWR California Department of Water Resources EAL Expected Annual Loss EAS Emergency Alert System ECC Emergency Command Center EOC Emergency Operation Center EOP Emergency Operations Plan EPA Environmental Protection Agency EPC Emergency Preparedness Commission ESHA Environmentally Sensitive Habitat Areas FD Fire Department FEMA Federal Emergency Management Agency FHSV Fire Hazard Severity Zones FIRM Flood Insurance Rate Maps FMA Flood Mitigation Assistance FMP Flood Mitigation Plan 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-134 TOWN OF TIBURON COMMUNITY PROFILE FOG Fats, Oils, & Grease FPA Floodplain Administrator FRA Federal Responsibility Areas FY Fiscal Year GGBHTD Golden Gate Bridge, Highway and Transportation District GGNRA Golden Gate National Recreation Area GGNRA Golden Gate National Recreation Area GIS Geographic Information System Gov Government GPAC General Plan Advisory Committee H2S Hydrogen Sulfide HFHSZ High Fire Severity Zone HIRA Hazard Identification and Risk Assessment HIV/AIDS Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome HLR Historic Loss Ratio HMGP Hazard Mitigation Grant Program IoT Internet of Things IP Intellectual Property IPAWS Integrated Public Alert and Warning System IPCC Intergovernmental Panel on Climate Change ISEPA Identified Site Emergency Planning Application JPA Joint Powers Agreement LCP Local Coastal Program LGVSD Las Gallinas Valley Sanitary District LHMP Local Hazard Mitigation Plan LOMA Letters of Map Amendment LOMR Letters of Map Revision LRA Local Responsibility Areas LRAD Long-Range Acoustic Device LSAC Levee Safety Action Classification Marin IJ Marin Independent Journal MCEP Marin Climate Energy Partnership MCFD Marin County Fire Department MCOSD Marin County Open Space District 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-135 TOWN OF TIBURON COMMUNITY PROFILE MCPIO Marin County Public Information Officers MCSTOPP Marin County Stormwater Pollution Prevention Program MERA Marin Emergency Radio Authority MERS Middle Eastern Respiratory Syndrome MFHSZ Moderate Fire Severity Zone MG Million Gallons MGD Million Gallons Per Day MHOAC Medical/Health Operational Area Coordinator MHW Mean High Water MJHMP Multi-Jurisdictional Hazard Mitigation Plan MMI Modified Mercalli Intensity MMRC Marin Medical Reserve Corps MMWD Marin Municipal Water District MRZ Mineral Resource Zones MV2040 Mill Valley General Plan 2040 Mw Scale Moment Magnitude Scale MWPA Marin Wildfire Prevention Authority NASA National Aeronautics and Space Administration NCDC National Climatic Data Center NEPA National Environmental Policy Act NFDRS National Fire Danger Rating System NFIP National Flood Insurance Program NID National Inventory of Dams NIH National Institute for Health NMWD North Marin Water District NPDES National Pollutant Discharge Elimination System NPR Northwestern Pacific Railroad NR National Register of Historic Places NRI National Risk Index NWS National Weather Service O3 Ozone OA Operational Area OEM Office of Emergency Management OHP Office of Historic Preservation 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-136 TOWN OF TIBURON COMMUNITY PROFILE OWTA On-Site Wastewater Treatment Systems PD Police Department PG&E Pacific Gas & Electric PM10 Particulate Matter Less Than 10 Microns In Aerodynamic Diameter PSPS Public Safety Power shutoffs PtH Pass the hash PUD Public Utility District PW Public Works RACES Radio Amateur Civil Emergency Service RAWS Remote Automated Weather Stations RCD Resource Conservation District RHNA Regional Housing Needs Assessment RTP Regional Transportation Plan SASM Sewerage Agency of Southern Marin SFBRA San Francisco Bay Restoration Authority SFHA Special Flood Hazard Area SFHA Special Flood Hazard Areas - FEMA SFHA Special Flood Hazard Area SHMP State Hazard Mitigation Plan SHSGP State Homeland Security Grant Program SMART Sonoma Marin Area Rail Transit SMCSD Sausalito Marin City Sanitary District SMFD Southern Marin Fire District SOD Sudden Oak Death SOX Sulfur Oxides SQL Structured Query Language SR State Route SRA State Responsibility Areas SSMP Sewer System Management Plan SVI Social Vulnerability Index TAM Transportation Authority of Marin TBD To Be Determined TENS Telephone Emergency Notification System UCERF2 Uniform California Earthquake Rupture Forecast, Version 2 2023 Marin County Operational Area Multi-Jurisdictional Hazard Mitigation Plan 15-137 TOWN OF TIBURON COMMUNITY PROFILE UCERF3 Uniform California Earthquake Rupture Forecast, Version 3 USACE U.S. Army Corps of Engineers USGS United States Geological Survey UWMP Urban Water Management Plan VHFHSV Very High Fire Severity Zone VMP Vegetation Management Plans WC/ATWC West Coast/Alaska Tsunami Warning Center WHO World Health Organization WSCP Water Shortage Contingency Plan WUI Wildland Urban Interface WWTP Waste Water Treatment Plant XSS Cross-Site Scripting TOWN OF TIBURON PAGE 1 OF 3 STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Manager Subject: Consider Authorizing the Town Manager to Execute a Professional Services Agreement with Regional Government Services With a Not to Exceed Contract Amount of $165,000 and, Consider Authorizing the Town Manager to Execute a Professional Services Agreement with Muchmore Than Consulting With a Not to Exceed amount of $150,000. Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY As a result of staffing challenges in the Department of Administrative Services since 2023, the Town has been utilizing the services of 2 separate consulting firms to provide critical assistance in the areas of Finance, Accounting, Human Resource Management and Risk Management. Today, Council is considering authorizing the Town Manager to execute Professional Services Agreements with each firm for Fiscal Year 2024-25 as follows: 1. A PSA with Regional Government Services Authority with a not to exceed contract value of $165,000. 2. A PSA with Muchmore Than Consulting with a not to exceed contract value of $150,000. RECOMMENDED ACTION(S) Staff recommends that the Town Council: 1. Authorize the Town Manager to execute a Professional Services Agreement (Exhibit 1)with Regional Government Services Authority, with a not to exceed contract amount of $165,000. 2. Authorize the Town Manager to execute a Professional Services Agreement with Muchmore Than Consulting (Exhibit 2), with a not to exceed contract amount of $150,000. BACKGROUND The Town has experienced significant staffing challenges in the Administrative Services Department since early 2023. The department consists of 5 full-time positions, with 3 of the 5 positions currently functionally vacant. Position titles and current status are as follows: • Administrative Services Director – Position vacant • Accounting/Finance Manager - Position vacant • Accounting Technician – Position recently filled • Human Resources Specialist - Position recently filled. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting June 19, 2024 Agenda Item: CC-7 Town Council Meeting June 19, 2024 TOWN OF TIBURON PAGE 2 OF 3 • Office Assistant/Front Desk - Incumbent on leave In 2023, to assist the Town in the areas of Accounting/Finance and Human Resources, the Town approved Professional Service Agreements (PSA) with 2 professional consulting firms: Regional Government Services and Muchmore Than Consulting. Today we are asking Council to approve PSAs with both firms to continue their work in FY 25. Regional Government Services (RGS) Regional Government Services Authority (RGS) was formed as a Joint Powers Agency (JPA) in 2001. It was formed in part to assist agencies dealing with the loss of experienced staff. As a public agency serving only other public agencies, RGS has developed a unique, highly flexible platform of administrative support in a variety of program areas. Currently, RGS is providing services to the Town in the area of Accounting and Finance including overall interim leadership of the Finance division, transactional support in the areas of Accounts Payables and Accounts Receivables, and leading the work associated with completing financial audits for Fiscal Years 2022, 2023 and the upcoming audit for Fiscal Year 2024. In June 2023, the Town entered into a Professional Services Agreement (PSA) with RGS to provide professional consulting services related to the provision of financial management services. That agreement terminates on June 30, 2024. Council is now being asked to authorize the Town Manager to execute a new PSA (Exhibit 1) with RGS for the upcoming Fiscal Year (FY 25). The proposed PSA would have a not to exceed value of $165,000 Muchmore Consulting (MTC) Led by Deborah Muchmore, MTC provides a host of support services to both private and public sector clients. MTC is very active in the Bay Area, with a client list that includes: The County of Marin, City of Sausalito, Town of Fairfax, Town of Sebastopol, City of Pacifica, City of East Palo Alto, AC Transit, City of Calistoga, and many others. MTC is providing services in a number of areas for the Town including interim leadership of Human Resources, transactional staffing support in the areas of Accounts Payable and Accounts Receivable, recruitment, on boarding and training of new staff, labor negotiations and payroll administration. In June 2023, the Town entered into a Professional Services Agreement with MTC to provide professional consulting services related to Administrative and Human Resource Management services. That agreement terminates on June 30, 2024. Council is now being asked to authorize the Town Manager to execute a new PSA (Exhibit 2) with MTC for the upcoming Fiscal Year (FY 25). The proposed PSA would have a not to exceed value of $150,000 ANALYSIS No further analysis is provided. FINANCIAL IMPACT The proposed Fiscal Year 2024-25 Budget includes full funding for all staff positions in the Administrative Services Deapartment as well as an additional $175,000 earmarked for additional Contractural Services. It is anticipated that several of the positions will remain vacant for a portion of FY 25, generating savings in salaries and employee benefits. Staff is confident that these savings along with the funds budgted for contractual services will be sufficient to cover the antipated costs of the proposed PSAs. Town Council Meeting June 19, 2024 TOWN OF TIBURON PAGE 3 OF 3 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. Authorize the Town Manager to execute a Professional Services Agreement with Regional Government Services Authority with not to exceed contract amount of $165,000. 2. Authorize the Town Manager to execute a Professional Services Agreement with Muchmore Than Consulting, with a not to exceed contract amount of $150,000. Exhibit(s): 1. Draft RGS Professional Services Agreement 2. Draft MTC Professional Services Agreement Prepared By: Greg Chanis, Town Manager EXHIBIT 1 Town of Tiburon 7/20 1 Agreement for Professional Services TOWN OF TIBURON 1505 Tiburon Boulevard, Tiburon, CA 94920 AGREEMENT FOR PROFESSIONAL SERVICES FINANCIAL MANAGEMENT SERVICES This Professional Services Agreement (the "Agreement") is dated July 1, 2024, and is by and between the Town of Tiburon, a public body of the State of California ("Town") and Regional Government Services Authority (“Consultant”), a Municipal Joint Powers Authority, relating to ____Financial Management Services__(“Services"). Town and Consultant are sometimes individually referred to as “Party” and collectively as Parties.” RECITALS: WHEREAS, Government Code section 53060 permits the Town to enter into agreements for professional services with individuals specially trained and experienced and competent to perform those services; and WHEREAS, Consultant is willing to render such professional services, as hereinafter defined, on the following terms and conditions. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, stipulated and agreed, the parties agree as follows: AGREEMENT: 1. GENERAL DESCRIPTION OF CONSULTANT’S SERVICES. Consultant agrees to provide project management and audit completion services, as described in further detail in Exhibit 1, attached hereto and incorporated herein by reference. 2. COMPENSATION FOR CONSULTANT’S SERVICES. Compensation for the Services shall be (select one): [ ] Lump Sum of $ ______________, (with) / (without) [Circle one] progress payments; or [ X ] Time and materials, per schedule of rates and charges included in Exhibit 1, with a guaranteed not to exceed price of $ $165,000 . 3. EFFECTIVE DATE AND TERM. The effective date of this Agreement is __July 1, 2024__ and it shall terminate no later than ___June 30, 2025__, with the option to renew or amend the agreement by either Party in writing. 4. PERSONNEL SUPPLIED FOR CONSULTANT’S SERVICES. Consultant shall assign its employee(s) to serve as Advisor(s) to the Town and, if deemed necessary by Consultant, may assign subconsultants for the services described in Exhibit 1, attached hereto and incorporated herein by reference. 5. TERMS AND CONDITIONS. Consultant shall perform the Services identified herein, in accordance with the terms and conditions of this Agreement, including without limitation, terms regarding Compensation, Schedule, Personnel, Annex “A” Agreement Terms and Conditions, and Annex “B” Insurance. Consultant acknowledges its opportunity to negotiate such terms and conditions. 6. LIMITATIONS. Changes made to printed Terms and Conditions on this Agreement are null and void unless approved in writing by the Town. Town of Tiburon 7/20 2 Agreement for Professional Services 7. For purposes of this Agreement, Town and Consultant shall direct all communications, including invoices, to each other as follows: Town: Town of Tiburon Attn- Greg Chanis 1505 Tiburon Boulevard Tiburon, CA 94920 Phone: (415) 435-7383 Email: gchanis@townoftiburon.org Consultant: Sophia Selivanoff-Executive Director PO Box 1350, Carmel Valley, CA 93924 Phone: (650) 587-7300 contracts@rgs.ca.gov IN WITNESS WHEREOF the parties have executed this Agreement in duplicate as of the dates identified below. TOWN OF TIBURON: CONSULTANT: Greg Chanis, Town Manager Sophia Selivanoff Print Name Print Name Title: Town Manager Title: Executive Director [If Corporation: Chairman, President, or Vice President] Date: ________________________ Date: _________________________ Attest: [Town Clerk] Approved as to form and procedure: Town Attorney Consultant Attorney END OF DOCUMENT Town of Tiburon 7/20 Annex A - 1 Purchase Order for Professional Services ANNEX A – PROFESSIONAL SERVICES AGREEMENT TERMS AND CONDITIONS This is an Annex to the Agreement for Professional Services Agreement dated __July 1, 2024_ (“Agreement”) between the Town and Consultant, as described therein, for the provision of professional services (“Services”). ARTICLE 1 – TERMS OF PERFORMANCE 1.01 Agreement Force and Effect. The provisions of this Agreement constitute the entire agreement between the Consultant and Town regarding the Services, shall supersede all other prior purchase orders/agreements between Consultant and Town with respect to the Services, and shall control over any inconsistent provisions in any Consultant-prepared attachments hereto. No representation, term or covenant not expressly specified in this Agreement shall, whether oral or written, be a part of this Agreement. Town is not responsible for Services rendered without the authority of an Agreement on this form. 1.02 Performance of Services. Consultant represents that it possesses the requisite training, licenses and permits necessary to perform the Services, and that its performance of the Services shall conform to the standard of practice of a professional having experience and expertise in professional services of like nature and complexity of the Services. 1.03 Licenses. [Reserved, as Consultant is a public agency.] 1.04 Progress and Coordination. Upon Town’s request, Consultant shall provide Town with progress submittals showing status of Services, at times and increments as Town may reasonably request, and shall provide Town with a progress schedule for performance of the Services, at times and in a level of detail as Town may reasonably request. Consultant shall coordinate with Town and authorities with jurisdiction as necessary to perform the Services. Time is of the essence in the performance of the Services. 1.05 Plans, Specifications, Reports, Deliverables. Work product under this Agreement shall comply with the requirements of this Agreement and with applicable design criteria established by Town, applicable laws and codes, and with all applicable professional standards. Services shall meet this standard within the agreed compensation and schedule; services necessary to correct work product, errors or omissions in work product, shall not entitle Consultant to an increase in compensation. 1.06 No Waivers. The granting of any payment, and any inspections, reviews, approvals or oral statements by any Town representative, or certification by any governmental entity, shall not limit or waive Consultant’s obligations under this Agreement. Either Party’s waiver of any breach, or the omission or failure of either Party, at any time, to enforce any right reserved to it, or to require strict performance of any provision of this Agreement, shall not be a waiver of any other right to which any party is entitled, and shall not in any way limit or modify that party’s right thereafter to enforce or compel strict compliance with every provision hereof. 1.07 Modifications. This Agreement may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved by fully authorized representatives of Town and Consultant. Consultant’s authorized representative is the individual signing this Agreement unless Consultant otherwise informs Town in writing. 1.08 Payment Requests. Consultant shall submit all billings with all necessary invoices, time records, deliverables, or other appropriate evidence of performance, after which Town shall make payment at the earliest practicable time, but not longer than 30 days after receipt of an invoice from Consultant. If requested by Town in order to facilitate the payment process and track progress, Consultant shall provide Town with an itemization of its compensation according to a Work Breakdown Structure (“WBS”) in a form Town supplies or approves (at Town’s option), that defines all Agreement tasks (Consultant’s and Subconsultants’), along with a project schedule defining the time line for each task, a project budget defining Town of Tiburon 7/20 Annex A - 2 Purchase Order for Professional Services the planned man-hours and costs for each task, and a schedule of deliverables defining each deliverable to be provided to Town. 1.09 Scope of Compensation. Agreed method of compensation shall be full compensation for all Services required, performed or accepted under this Agreement, and Consultant shall not be entitled to compensation or reimbursement beyond or outside of agreed compensation. If Consultant previously commenced services within the scope of the Services, then the services performed and the compensation paid shall be subject to the terms of this Agreement. 1.010 Additional Services. Payment for Additional Services shall require a written addendum or amendment, negotiated and signed by the Consultant and Town prior to commencing work of Additional Services, providing for the scope, schedule and terms of compensation. ARTICLE 2 – LEGAL AND MISCELLANEOUS 2.01 No Assignment. Consultant shall not subcontract any portion of the Services outside of the outlined services in Exhibit B, or otherwise assign this Agreement without prior written approval of Town, and Consultant shall remain responsible for compliance with all terms of this Agreement, regardless of the terms of any such assignment. 2.02 Records and Audit. At Town’s request, Consultant shall make available to Town, its authorized agents, officers, or employees, for audit, photocopy or compilation, any and all ledgers, books of accounts, invoices, payrolls, vouchers, cancelled checks, correspondence, internal memoranda, calculations, drafts, and other records or documents evidencing or relating to the performance of the Services (hard copy or electronic), expenditures and disbursements charged to Town in connection with the Services. Consultant shall maintain such documents for at least three (3) years following completion of the Services. Such rights shall be specifically enforceable. 2.03 Independent Contractor. Consultant is an independent Contractor and does not act as Town’s agent in any capacity, whatsoever. Consultant is not entitled to any benefits that Town provides to Town employees, including, without limitation, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within this Agreement regarding direction apply to and concern the result of the Consultant’s provision of Services, not the means, methods, or scheduling of the Consultant’s work. Consultant shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Services under this Agreement. Consultant shall pay all payroll taxes imposed by any governmental entity and shall pay all other taxes not specifically identified in this Agreement as Town’s responsibility. Further, Town confirms that Consultant employees are not assuming and are not expected to assume any Town staff position(s). 2.04 Indemnity/Liability. To the fullest extent allowed by law (including without limitation California Civil Code Sections 2782 and 2782.8), Consultant shall defend against third party claims (with legal counsel reasonably acceptable to Town), indemnify, and hold harmless the Town of Tiburon, its officers, directors, officials, agents, employees, and volunteers (collectively, “Indemnitees”) from and against any and all claims, suits, expenses, liability, cause of action, loss, cost, damage, injury (including, without limitation, economic harm, injury to or death of any person, including an employee of Consultant or its Subconsultants), of every kind, nature, and description, at law or equity, (including without limitation, incidental and consequential damages, court costs, reasonable attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) (collectively “Liabilities”), to the extent that arise out of, pertain to, or relate to any negligence, recklessness, or willful misconduct of Consultant, any Subconsultant, anyone directly or indirectly employed or retained by them, or anyone that they control. In the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the Consultant shall meet and confer with other parties regarding unpaid defense costs. The Consultant’s obligations to indemnify, defend, hold harmless the Indemnitees shall not apply to the extent that such Liabilities are caused in whole or in part by the negligence, active negligence, or willful misconduct of such Indemnitee but shall apply to all Town of Tiburon 7/20 Annex A - 3 Purchase Order for Professional Services other Liabilities, and in no event shall the cost to defend charged to the Consultant exceed the Consultant’s proportionate percentage of fault. 2.05 Conflict of Interest. Consultant represents and warrants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of work and services required under this Agreement. Without limitation, Consultant represents to and agrees with Town that Consultant has disclosed any potential conflict of interest, and will have no future conflict of interest, in providing Town services hereunder, including but not limited to, any interest (financial, share ownership, shared management, shared directors, or reporting responsibilities) Consultant may presently have, or will have in the future, with respect to any other person or entity (including but not limited to potential suppliers, vendors, consultants, contractors, or regulatory agency) which may have an interest in the subject matter of the Services. 2.06 Confidentiality. Any information, whether proprietary or not, made known to or discovered by Consultant during the performance of or in connection with this Agreement for Town, will be kept confidential and not be disclosed to any other person. Consultant will immediately notify Town in writing if it is requested to disclose any information made known to or discovered by Consultant during the performance of or in connection with this Agreement. These conflict of interest, confidentiality and future service provisions and limitations shall remain fully effective indefinitely after termination of services to Town hereunder. 2.07 Ownership of Results. Any interest (including copyright interests) of Consultant or its contractors or subconsultants (together, “Subconsultants”), in studies, reports, memoranda, computational sheets, drawings, plans or any other documents (including electronic media) prepared by Consultant or its Subconsultants in connection with the Services, shall become the property of Town. To the extent permitted by Title 17 of the United States Code, work product produced under this Agreement shall be deemed works for hire and all copyrights in such works shall be the property of Town. In the event that it is ever determined that any works created by Consultant or its Subconsultants under this Agreement are not works for hire under U.S. law, Consultant hereby assigns to Town all copyrights to such works. With Town’s prior written approval, Consultant may retain and use copies of such works for reference and as documentation of experience and capabilities. As respects Consultant’s standard details and proprietary design instruments of service (not specific to this Agreement), however, Town shall have only a non-exclusive but otherwise unrestricted license to use the materials prepared in connection with this Agreement. 2.08 Consultant subject to California Public Records Act. Notwithstanding the foregoing, Town acknowledges that Consultant is a public agency and is subject to the California Public Records Act (“CPRA”) and will comply with this Agreement to the extent that it does not conflict with the CPRA. 2.09 Non-Discrimination Policy. Consultant shall not discriminate against any employee or applicant for employment, nor against any Subconsultant or applicant for a subcontract, because of race, color, religious creed, age, sex, actual or perceived sexual orientation, national origin, disability as defined by the ADA or veteran’s status. To the extent applicable, Consultant shall comply with all federal, state and local laws (including, without limitation, all Town and Town ordinances, rules and regulations) regarding non- discrimination, equal employment opportunity, affirmative action and occupational-safety-health concerns, shall comply with all applicable rules and regulations thereunder, and shall comply with same as each may be amended from time to time. Consultant shall provide all information reasonably requested by Town to verify compliance with such matters. Consultant stipulates, acknowledges and agrees that Town has the right to monitor Consultant’s compliance with all applicable non-discrimination requirements, and may impose sanctions upon a finding of a willful, knowing or bad faith noncompliance or submission of information known or suspected to be false or misleading. 2.010 Termination and Suspension. (i) Town may, with or without cause, direct Consultant to suspend, delay or interrupt Services, in whole or in part, for such periods of time as Town may determine in its sole discretion. (ii) Town may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should Consultant commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of Town’s written notice to Town of Tiburon 7/20 Annex A - 4 Purchase Order for Professional Services Consultant demanding such cure, in which case Consultant shall be liable to Town for all loss, cost, expense, damage and liability resulting from such breach and termination. (iii) Town or Consultant may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever a Party determines that such termination is in the Party’s best interests, in which case Consultant shall be entitled to recover compensation and costs for services performed to the effective date of termination, but may recover no other cost, damage or expense. The Town may condition payment of such compensation upon the Consultant’s delivery to the Town of any and all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the Town in connection with this Agreement. Consultant shall continue its work throughout the course of any dispute, and Consultant’s failure to continue work during a dispute shall be a material breach of this Agreement. 2.011 Governing Law; Execution; Venue; Limitations. This Agreement shall be deemed to have been executed in the Town of Tiburon, County of Marin. The exclusive venue for all disputes or litigation arising out of this Agreement shall be in the Superior Court of the County of Marin, unless the parties agree otherwise in writing. Enforcement of this Agreement shall be governed by, and construed in accordance with, the laws of the State of California, excluding its conflict of laws rules. Except as expressly provided in this Agreement, nothing in this Agreement shall operate to confer rights or benefits on persons or entities not party to this Agreement. As between the parties to this Agreement, any applicable statute of limitations for any act or failure to act shall commence to run on the date of Town’s issuance of the final Certificate for Payment, or termination of this Agreement, whichever is earlier. ARTICLE 3 – CONSTRUCTION OF AGREEMENT 3.01 Headings. The headings in this Agreement are for convenience only and do not affect the construction of this Agreement. 3.02 Modifications. Modifications to this Annex “A” Agreement Terms and Conditions shall not be effective unless approved and initialed by Town’s Town Manager. ARTICLE 4 – CONSULTANT’S PROPOSAL AND OTHER CONSULTANT-PREPARED DOCUMENTS 4.01 Exhibit 1. Exhibit 1 consists of Consultant-prepared documents (e.g., Consultant’s rate sheet and proposal, if any) attached to this Agreement for reference only, defining further the scope of Consultant’s scope of Services hereunder. 4.02 Complementary Construction. This Agreement, its Annexes and attachments (including but not limited to the attached Exhibit 1) are deemed complementary; what is called for by one is as binding as if called for in both and shall be performed by Consultant. In the case of direct conflict, then the requirement providing Town with the broader scope of services shall have precedence. 4.03 Modifications. Exhibit 1 may not supplement, contradict or qualify Annex “A” Agreement Terms and Conditions, except as listed below and initialed by the Town Manager. 4.04 Named Personnel and Subconsultants. It is recognized that the named personnel and Subconsultants in the Agreement are not bound by personal employment contracts to Consultant, however, Consultant agrees that reassignment of any of the named personnel or Subconsultants during the Services requires prior written approval of Town, which approval shall not be unreasonably withheld. Under no circumstances may Consultant replace personnel or Subconsultants with less qualified or less experienced personnel, without Town’s written consent, which may be withheld by Town on a reasonable belief of good cause. END OF ANNEX “A” Annex B - 1 Purchase Order for Professional Services ANNEX B – INSURANCE REQUIREMENTS This is an Annex to the Agreement for Professional Services Agreement dated __July 1, 2024___ (“Agreement”) between Town and Consultant, as described therein, for the provision of professional services (“Services”). ARTICLE 5 – INSURANCE Consultant’s Duty to Show Proof of Insurance. Prior to the execution of this Agreement, Consultant shall furnish to Town satisfactory proof that Consultant has taken out for the entire period required by this Agreement, as further described below, the following insurance or comparable program of self-insurance, in a form satisfactory to Town. Town acknowledges that Consultant as a public entity may, pursuant to California Government Code § 990, satisfy the coverage requirements set forth herein with a combination of self-insurance and self-insured pool insurance and/or with insurance carriers satisfactory to Town, authorized to do business in California and rated by A. M. Best & Company A- or better, financial category size VII or better, which will protect those described below from claims described below which arise or are alleged to have arisen out of the contractual liabilities contained in this Agreement for which Consultant may be legally liable, whether performed by Consultant, or by those employed directly or indirectly by it, or by anyone for whose acts Consultant may be liable: 5.01 Commercial General Liability Insurance Commercial general liability insurance, written on an “occurrence” basis, which shall provide coverage for bodily injury, death and property damage resulting from operations, products liability, blasting, explosion, collapse of buildings or structures, damage to underground structures and utilities, liability for slander, false arrest and invasion of privacy arising out of construction management operations, blanket contractual liability, broad form endorsement, a construction management endorsement, products and completed operations, personal and advertising liability, with per location limits of not less than One Million Dollars ($1,000,000) general aggregate and One Million Dollars ($1,000,000) each occurrence. 5.02 Business Automobile Liability Insurance Business automobile liability insurance with limits not less than One Million Dollars ($1,000,000) each occurrence including coverage for owned, non-owned and hired vehicles. 5.03 Workers’ Compensation Insurance Workers’ Compensation Employers’ Liability limits not less than One Million Dollars ($1,000,000) each accident, One Million Dollars ($1,000,000) per disease and One Million Dollars ($1,000,000) aggregate. Consultant’s Workers’ Compensation Insurance policy shall contain a Waiver of Subrogation. In the event Consultant is self-insured, it shall furnish Certificate of Permission to Self-Insure signed by Department of Industrial Relations Administration of Self-Insurance, State of California. 5.04 Professional Liability Insurance Professional Liability Insurance, either limits of not less than One Million Dollars ($1,000,000) each occurrence or claim and Two Million Dollars ($2,000,000) aggregate, all with respect to negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims of one insured against another insured and with tail coverage for a period of five (5) years after the completion of the Services. 5.05 Additional Insured / Waiver of Subrogation Consultant shall include Town, its officers, officials, agents, employees and volunteers as Additional Insureds under the General Liability and Auto policies, and shall supply specific endorsements for Annex B - 2 Purchase Order for Professional Services same. The Additional Insured endorsement under the General Liability policy will be the Additional Insured – Town, Lessees or Contractors – Scheduled Person or Organization ISO Form CG2010 with the current applicable revision date. It is acceptable that the Additional Insured endorsement to provide “where required by written contract." Consultant shall obtain a specific endorsement to its workers’ compensation insurance policy waiving all rights of subrogation against the Town, its officers, officials, agents, employees and volunteers. 5.06 The policies shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company’s liability. 5.07 Written notice of cancellation of the policies shall endeavored to be mailed to Town thirty (30) days in advance of the effective date thereof. 5.08 Insurance shall be primary insurance and no other insurance or self insured retention carried or held by any named or additional insureds other than that amount Consultant shall be called upon to contribute to a loss covered by insurance for the named insured. 5.09 Certificates of Insurance and Endorsements shall have clearly typed thereon the title of the Agreement, shall clearly describe the coverage and shall contain a provision requiring the giving of written notice. 5.10 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant or any of its permitted subcontractors or subconsultants may be held responsible for payment of damages resulting from their operations. If Consultant fails to maintain any required insurance, Town may take out such insurance, and deduct and retain amount of premium from any sums due Consultant under this Agreement. END OF ANNEX “B” Page 14 to 14 August 28, 2023 Agreement for Professional Services Amendment #1 Between the TOWN OF TIBURON and Regional Government Services Authority Exhibit 1 Scope of Services. Subject to the terms and conditions of this Agreement, RGS shall assign RGS employee(s) to serve as Finance Advisor(s) to the Agency, which may require performing any or all of the functions described below: 1.Provide ongoing comprehensive financial management services to ensure effective andcompliant financial administration for the Agency. This work may be done either onsite orremotely. RGS services are not duplicated by City employees and are not intended to be performed by City employees but are wholly outsourced to RGS. Such services may include the following: 1.1. Project Services 1.1.1. Fiscal year end close – Prepare year end closing entries and reconciliations 1.1.2. Audit management - Review accounting software for accuracy; write up adjusting journal entries; prepare and review financial statements; prepare audit schedules requested by auditors; facilitate communication between auditors and city management 1.1.3. Accounting, reconcilations and reporting services – Provide GL entries on a monthly, quarterly or annual basis; provide monthly bank reconciliations; provide monthly or quarterly GL account reconciliations; develop and provide monthly, quarterly, and annual financial reports as required internally or externally, such as the state required annual street report, compensation report, transaction reports. 1.1.4. Write detailed procedures for all work performed to facilitate the ease of transition to the new Accounting Manager once recruited and hired. 1.2. Technical Support and Coaching 1.2.1. Review all phases AP function utilizing appropriate controls and provide assistance or direction as necessary. 1.2.2. Provide all phases of the Accounts Receivable 1.2.3. Review Cash Collections functions and Business Licenses 1.2.4. Review all Payroll and benefit liability account reconciliations. 1.3. Be reasonably available to respond to provide advice about emerging issues during the normal work week. 2.Projects and activities may be modified by mutual agreement. It is understood that there may non-routine one-time projects that may be requested and may be accommodated if budget permits. 3.The RGS Project Lead may direct work to other RGS staff with equal or lower bill rates than thecore team assigned, as needed to fulfill the Agency's requests for finance and administrativesystems support. 4.Agency Customers are to be served by agency employees; and RGS staff will interface with agencyemployees and data systems to establish appropriately separate workflows to transition information andreceive work at the established point of delegation to RGS’ outsourced services. EXHIBIT 2 Town of Tiburon 7/20 1 Agreement for Professional Services TOWN OF TIBURON 1505 Tiburon Boulevard, Tiburon, CA 94920 AGREEMENT FOR PROFESSIONAL SERVICES ADMINISTRATIVE AND HUMAN RESOURCE MANAGEMENT SERVICES This Professional Services Agreement (the "Agreement") is dated___July 1__, 2024 and is by and between the Town of Tiburon, a public body of the State of California ("Town") and Muchmore Than Consulting (“Consultant”), a California Limited Liability Company, relating to ____ Administrative and Human Resource Management Services ____ Services (“Services"). Town and Consultant are sometimes individually referred to as “Party” and collectively as Parties.” RECITALS: WHEREAS, Government Code section 53060 permits the Town to enter into agreements for professional services with individuals specially trained and experienced and competent to perform those services; and WHEREAS, Consultant is willing to render such professional services, as hereinafter defined, on the following terms and conditions. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, stipulated and agreed, the parties agree as follows: AGREEMENT: 1. GENERAL DESCRIPTION OF CONSULTANT’S SERVICES. Consultant agrees to provide Administrative and Human Resource Management Services, as described in further detail in Exhibit 1, attached hereto and incorporated herein by reference. 2. COMPENSATION FOR CONSULTANT’S SERVICES. Compensation for the Services shall be (select one): [ ] Lump Sum of $ ______________, (with) / (without) [Circle one] progress payments; or [ X ] Time and materials, per schedule of rates and charges included in Exhibit 1, with a guaranteed not to exceed price of $ $150,000 . 3. EFFECTIVE DATE AND TERM. The effective date of this Agreement is __July 1, 2024__ and it shall terminate no later than ___June 30, 2025__, with the option to renew or amend the agreement by either Party in writing. 4. PERSONNEL SUPPLIED FOR CONSULTANT’S SERVICES. Consultant shall assign its employee(s) to serve as Advisor(s) to the Town and, if deemed necessary by Consultant, may assign subconsultants for the services described in Exhibit 1, attached hereto and incorporated herein by reference. 5. TERMS AND CONDITIONS. Consultant shall perform the Services identified herein, in accordance with the terms and conditions of this Agreement, including without limitation, terms regarding Compensation, Schedule, Personnel, Annex “A” Agreement Terms and Conditions, and Annex “B” Insurance. Consultant acknowledges its opportunity to negotiate such terms and conditions. 6. LIMITATIONS. Changes made to printed Terms and Conditions on this Agreement are null and void unless approved in writing by the Town. Town of Tiburon 7/20 2 Agreement for Professional Services 7. For purposes of this Agreement, Town and Consultant shall direct all communications, including invoices, to each other as follows: Town: Town of Tiburon Attn- Greg Chanis 1505 Tiburon Boulevard Tiburon, CA 94920 Phone: (415) 435-7383 Email: gchanis@townoftiburon.org Consultant: Muchmore Than Consulting, LLC PO Box 2318 Rohnert Park, CA 94927 O: 707.490-0564 C: 707.486.2361 IN WITNESS WHEREOF the parties have executed this Agreement in duplicate as of the dates identified below. TOWN OF TIBURON: CONSULTANT: Greg Chanis, Town Manager Deborah Muchmore Print Name Print Name Title: Town Manager Title: Principal [If Corporation: Chairman, President, or Vice President] Date: _________________________ Date: _________________________ Attest: [Town Clerk] Approved as to form and procedure: Town Attorney END OF DOCUMENT Town of Tiburon 7/20 Annex A - 1 Purchase Order for Professional Services ANNEX A – PROFESSIONAL SERVICES AGREEMENT TERMS AND CONDITIONS This is an Annex to the Agreement for Professional Services Agreement dated July 1, 2024 (“Agreement”) between the Town and Consultant, as described therein, for the provision of professional services (“Services”). ARTICLE 1 – TERMS OF PERFORMANCE 1.01 Agreement Force and Effect. The provisions of this Agreement constitute the entire agreement between the Consultant and Town regarding the Services, shall supersede all other prior purchase orders/agreements between Consultant and Town with respect to the Services, and shall control over any inconsistent provisions in any Consultant-prepared attachments hereto. No representation, term or covenant not expressly specified in this Agreement shall, whether oral or written, be a part of this Agreement. Town is not responsible for Services rendered without the authority of an Agreement on this form. 1.02 Performance of Services. Consultant represents that it possesses the requisite training, licenses and permits necessary to perform the Services, and that its performance of the Services shall conform to the standard of practice of a professional having experience and expertise in professional services of like nature and complexity of the Services. 1.03 Licenses. [Reserved, as Consultant is a public agency.] 1.04 Progress and Coordination. Upon Town’s request, Consultant shall provide Town with progress submittals showing status of Services, at times and increments as Town may reasonably request, and shall provide Town with a progress schedule for performance of the Services, at times and in a level of detail as Town may reasonably request. Consultant shall coordinate with Town and authorities with jurisdiction as necessary to perform the Services. Time is of the essence in the performance of the Services. 1.05 Plans, Specifications, Reports, Deliverables. Work product under this Agreement shall comply with the requirements of this Agreement and with applicable design criteria established by Town, applicable laws and codes, and with all applicable professional standards. Services shall meet this standard within the agreed compensation and schedule; services necessary to correct work product, errors or omissions in work product, shall not entitle Consultant to an increase in compensation. 1.06 No Waivers. The granting of any payment, and any inspections, reviews, approvals or oral statements by any Town representative, or certification by any governmental entity, shall not limit or waive Consultant’s obligations under this Agreement. Either Party’s waiver of any breach, or the omission or failure of either Party, at any time, to enforce any right reserved to it, or to require strict performance of any provision of this Agreement, shall not be a waiver of any other right to which any party is entitled, and shall not in any way limit or modify that party’s right thereafter to enforce or compel strict compliance with every provision hereof. 1.07 Modifications. This Agreement may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved by fully authorized representatives of Town and Consultant. Consultant’s authorized representative is the individual signing this Agreement unless Consultant otherwise informs Town in writing. 1.08 Payment Requests. Consultant shall submit all billings with all necessary invoices, time records, deliverables, or other appropriate evidence of performance, after which Town shall make payment at the earliest practicable time, but not longer than 30 days after receipt of an invoice from Consultant. If requested by Town in order to facilitate the payment process and track progress, Consultant shall provide Town with an itemization of its compensation according to a Work Breakdown Structure (“WBS”) in a form Town supplies or approves (at Town’s option), that defines all Agreement tasks (Consultant’s and Subconsultants’), along with a project schedule defining the time line for each task, a project budget defining Town of Tiburon 7/20 Annex A - 2 Purchase Order for Professional Services the planned man-hours and costs for each task, and a schedule of deliverables defining each deliverable to be provided to Town. 1.09 Scope of Compensation. Agreed method of compensation shall be full compensation for all Services required, performed or accepted under this Agreement, and Consultant shall not be entitled to compensation or reimbursement beyond or outside of agreed compensation. If Consultant previously commenced services within the scope of the Services, then the services performed and the compensation paid shall be subject to the terms of this Agreement. 1.010 Additional Services. Payment for Additional Services shall require a written addendum or amendment, negotiated and signed by the Consultant and Town prior to commencing work of Additional Services, providing for the scope, schedule and terms of compensation. ARTICLE 2 – LEGAL AND MISCELLANEOUS 2.01 No Assignment. Consultant shall not subcontract any portion of the Services outside of the outlined services in Exhibit B, or otherwise assign this Agreement without prior written approval of Town, and Consultant shall remain responsible for compliance with all terms of this Agreement, regardless of the terms of any such assignment. 2.02 Records and Audit. At Town’s request, Consultant shall make available to Town, its authorized agents, officers, or employees, for audit, photocopy or compilation, any and all ledgers, books of accounts, invoices, payrolls, vouchers, cancelled checks, correspondence, internal memoranda, calculations, drafts, and other records or documents evidencing or relating to the performance of the Services (hard copy or electronic), expenditures and disbursements charged to Town in connection with the Services. Consultant shall maintain such documents for at least three (3) years following completion of the Services. Such rights shall be specifically enforceable. 2.03 Independent Contractor. Consultant is an independent Contractor and does not act as Town’s agent in any capacity, whatsoever. Consultant is not entitled to any benefits that Town provides to Town employees, including, without limitation, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within this Agreement regarding direction apply to and concern the result of the Consultant’s provision of Services, not the means, methods, or scheduling of the Consultant’s work. Consultant shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Services under this Agreement. Consultant shall pay all payroll taxes imposed by any governmental entity and shall pay all other taxes not specifically identified in this Agreement as Town’s responsibility. Further, Town confirms that Consultant employees are not assuming and are not expected to assume any Town staff position(s). 2.04 Indemnity/Liability. To the fullest extent allowed by law (including without limitation California Civil Code Sections 2782 and 2782.8), Consultant shall defend against third party claims (with legal counsel reasonably acceptable to Town), indemnify, and hold harmless the Town of Tiburon, its officers, directors, officials, agents, employees, and volunteers (collectively, “Indemnitees”) from and against any and all claims, suits, expenses, liability, cause of action, loss, cost, damage, injury (including, without limitation, economic harm, injury to or death of any person, including an employee of Consultant or its Subconsultants), of every kind, nature, and description, at law or equity, (including without limitation, incidental and consequential damages, court costs, reasonable attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) (collectively “Liabilities”), to the extent that arise out of, pertain to, or relate to any negligence, recklessness, or willful misconduct of Consultant, any Subconsultant, anyone directly or indirectly employed or retained by them, or anyone that they control. In the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the Consultant shall meet and confer with other parties regarding unpaid defense costs. The Consultant’s obligations to indemnify, defend, hold harmless the Indemnitees shall not apply to the extent that such Liabilities are caused in whole or in part by the negligence, active negligence, or willful misconduct of such Indemnitee but shall apply to all Town of Tiburon 7/20 Annex A - 3 Purchase Order for Professional Services other Liabilities, and in no event shall the cost to defend charged to the Consultant exceed the Consultant’s proportionate percentage of fault. 2.05 Conflict of Interest. Consultant represents and warrants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of work and services required under this Agreement. Without limitation, Consultant represents to and agrees with Town that Consultant has disclosed any potential conflict of interest, and will have no future conflict of interest, in providing Town services hereunder, including but not limited to, any interest (financial, share ownership, shared management, shared directors, or reporting responsibilities) Consultant may presently have, or will have in the future, with respect to any other person or entity (including but not limited to potential suppliers, vendors, consultants, contractors, or regulatory agency) which may have an interest in the subject matter of the Services. 2.06 Confidentiality. Any information, whether proprietary or not, made known to or discovered by Consultant during the performance of or in connection with this Agreement for Town, will be kept confidential and not be disclosed to any other person. Consultant will immediately notify Town in writing if it is requested to disclose any information made known to or discovered by Consultant during the performance of or in connection with this Agreement. These conflict of interest, confidentiality and future service provisions and limitations shall remain fully effective indefinitely after termination of services to Town hereunder. 2.07 Ownership of Results. Any interest (including copyright interests) of Consultant or its contractors or subconsultants (together, “Subconsultants”), in studies, reports, memoranda, computational sheets, drawings, plans or any other documents (including electronic media) prepared by Consultant or its Subconsultants in connection with the Services, shall become the property of Town. To the extent permitted by Title 17 of the United States Code, work product produced under this Agreement shall be deemed works for hire and all copyrights in such works shall be the property of Town. In the event that it is ever determined that any works created by Consultant or its Subconsultants under this Agreement are not works for hire under U.S. law, Consultant hereby assigns to Town all copyrights to such works. With Town’s prior written approval, Consultant may retain and use copies of such works for reference and as documentation of experience and capabilities. As respects Consultant’s standard details and proprietary design instruments of service (not specific to this Agreement), however, Town shall have only a non-exclusive but otherwise unrestricted license to use the materials prepared in connection with this Agreement. 2.08 Consultant subject to California Public Records Act. Notwithstanding the foregoing, Town acknowledges that Consultant is a public agency and is subject to the California Public Records Act (“CPRA”) and will comply with this Agreement to the extent that it does not conflict with the CPRA. 2.09 Non-Discrimination Policy. Consultant shall not discriminate against any employee or applicant for employment, nor against any Subconsultant or applicant for a subcontract, because of race, color, religious creed, age, sex, actual or perceived sexual orientation, national origin, disability as defined by the ADA or veteran’s status. To the extent applicable, Consultant shall comply with all federal, state and local laws (including, without limitation, all Town and Town ordinances, rules and regulations) regarding non- discrimination, equal employment opportunity, affirmative action and occupational-safety-health concerns, shall comply with all applicable rules and regulations thereunder, and shall comply with same as each may be amended from time to time. Consultant shall provide all information reasonably requested by Town to verify compliance with such matters. Consultant stipulates, acknowledges and agrees that Town has the right to monitor Consultant’s compliance with all applicable non-discrimination requirements, and may impose sanctions upon a finding of a willful, knowing or bad faith noncompliance or submission of information known or suspected to be false or misleading. 2.010 Termination and Suspension. (i) Town may, with or without cause, direct Consultant to suspend, delay or interrupt Services, in whole or in part, for such periods of time as Town may determine in its sole discretion. (ii) Town may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should Consultant commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of Town’s written notice to Town of Tiburon 7/20 Annex A - 4 Purchase Order for Professional Services Consultant demanding such cure, in which case Consultant shall be liable to Town for all loss, cost, expense, damage and liability resulting from such breach and termination. (iii) Town or Consultant may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever a Party determines that such termination is in the Party’s best interests, in which case Consultant shall be entitled to recover compensation and costs for services performed to the effective date of termination, but may recover no other cost, damage or expense. The Town may condition payment of such compensation upon the Consultant’s delivery to the Town of any and all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the Town in connection with this Agreement. Consultant shall continue its work throughout the course of any dispute, and Consultant’s failure to continue work during a dispute shall be a material breach of this Agreement. 2.011 Governing Law; Execution; Venue; Limitations. This Agreement shall be deemed to have been executed in the Town of Tiburon, County of Marin. The exclusive venue for all disputes or litigation arising out of this Agreement shall be in the Superior Court of the County of Marin, unless the parties agree otherwise in writing. Enforcement of this Agreement shall be governed by, and construed in accordance with, the laws of the State of California, excluding its conflict of laws rules. Except as expressly provided in this Agreement, nothing in this Agreement shall operate to confer rights or benefits on persons or entities not party to this Agreement. As between the parties to this Agreement, any applicable statute of limitations for any act or failure to act shall commence to run on the date of Town’s issuance of the final Certificate for Payment, or termination of this Agreement, whichever is earlier. ARTICLE 3 – CONSTRUCTION OF AGREEMENT 3.01 Headings. The headings in this Agreement are for convenience only and do not affect the construction of this Agreement. 3.02 Modifications. Modifications to this Annex “A” Agreement Terms and Conditions shall not be effective unless approved and initialed by Town’s Town Manager. ARTICLE 4 – CONSULTANT’S PROPOSAL AND OTHER CONSULTANT-PREPARED DOCUMENTS 4.01 Exhibit 1. Exhibit 1 consists of Consultant-prepared documents (e.g., Consultant’s rate sheet and proposal, if any) attached to this Agreement for reference only, defining further the scope of Consultant’s scope of Services hereunder. 4.02 Complementary Construction. This Agreement, its Annexes and attachments (including but not limited to the attached Exhibit 1) are deemed complementary; what is called for by one is as binding as if called for in both and shall be performed by Consultant. In the case of direct conflict, then the requirement providing Town with the broader scope of services shall have precedence. 4.03 Modifications. Exhibit 1 may not supplement, contradict or qualify Annex “A” Agreement Terms and Conditions, except as listed below and initialed by the Town Manager. 4.04 Named Personnel and Subconsultants. It is recognized that the named personnel and Subconsultants in the Agreement are not bound by personal employment contracts to Consultant, however, Consultant agrees that reassignment of any of the named personnel or Subconsultants during the Services requires prior written approval of Town, which approval shall not be unreasonably withheld. Under no circumstances may Consultant replace personnel or Subconsultants with less qualified or less experienced personnel, without Town’s written consent, which may be withheld by Town on a reasonable belief of good cause. END OF ANNEX “A” Annex B - 1 Purchase Order for Professional Services ANNEX B – INSURANCE REQUIREMENTS This is an Annex to the Agreement for Professional Services Agreement dated __July 1, 2024___ (“Agreement”) between Town and Consultant, as described therein, for the provision of professional services (“Services”). ARTICLE 5 – INSURANCE Consultant’s Duty to Show Proof of Insurance. Prior to the execution of this Agreement, Consultant shall furnish to Town satisfactory proof that Consultant has taken out for the entire period required by this Agreement, as further described below, the following insurance or comparable program of self-insurance, in a form satisfactory to Town. Town acknowledges that Consultant as a public entity may, pursuant to California Government Code § 990, satisfy the coverage requirements set forth herein with a combination of self-insurance and self-insured pool insurance and/or with insurance carriers satisfactory to Town, authorized to do business in California and rated by A. M. Best & Company A- or better, financial category size VII or better, which will protect those described below from claims described below which arise or are alleged to have arisen out of the contractual liabilities contained in this Agreement for which Consultant may be legally liable, whether performed by Consultant, or by those employed directly or indirectly by it, or by anyone for whose acts Consultant may be liable: 5.01 Commercial General Liability Insurance Commercial general liability insurance, written on an “occurrence” basis, which shall provide coverage for bodily injury, death and property damage resulting from operations, products liability, blasting, explosion, collapse of buildings or structures, damage to underground structures and utilities, liability for slander, false arrest and invasion of privacy arising out of construction management operations, blanket contractual liability, broad form endorsement, a construction management endorsement, products and completed operations, personal and advertising liability, with per location limits of not less than One Million Dollars ($1,000,000) general aggregate and One Million Dollars ($1,000,000) each occurrence. 5.02 Business Automobile Liability Insurance Business automobile liability insurance with limits not less than One Million Dollars ($1,000,000) each occurrence including coverage for owned, non-owned and hired vehicles. 5.03 Workers’ Compensation Insurance Workers’ Compensation Employers’ Liability limits not less than One Million Dollars ($1,000,000) each accident, One Million Dollars ($1,000,000) per disease and One Million Dollars ($1,000,000) aggregate. Consultant’s Workers’ Compensation Insurance policy shall contain a Waiver of Subrogation. In the event Consultant is self-insured, it shall furnish Certificate of Permission to Self-Insure signed by Department of Industrial Relations Administration of Self-Insurance, State of California. 5.04 Professional Liability Insurance Professional Liability Insurance, either limits of not less than One Million Dollars ($1,000,000) each occurrence or claim and Two Million Dollars ($2,000,000) aggregate, all with respect to negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims of one insured against another insured and with tail coverage for a period of five (5) years after the completion of the Services. 5.05 Additional Insured / Waiver of Subrogation Consultant shall include Town, its officers, officials, agents, employees and volunteers as Additional Insureds under the General Liability and Auto policies, and shall supply specific endorsements for Annex B - 2 Purchase Order for Professional Services same. The Additional Insured endorsement under the General Liability policy will be the Additional Insured – Town, Lessees or Contractors – Scheduled Person or Organization ISO Form CG2010 with the current applicable revision date. It is acceptable that the Additional Insured endorsement to provide “where required by written contract." Consultant shall obtain a specific endorsement to its workers’ compensation insurance policy waiving all rights of subrogation against the Town, its officers, officials, agents, employees and volunteers. 5.06 The policies shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company’s liability. 5.07 Written notice of cancellation of the policies shall endeavored to be mailed to Town thirty (30) days in advance of the effective date thereof. 5.08 Insurance shall be primary insurance and no other insurance or self insured retention carried or held by any named or additional insureds other than that amount Consultant shall be called upon to contribute to a loss covered by insurance for the named insured. 5.09 Certificates of Insurance and Endorsements shall have clearly typed thereon the title of the Agreement, shall clearly describe the coverage and shall contain a provision requiring the giving of written notice. 5.10 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant or any of its permitted subcontractors or subconsultants may be held responsible for payment of damages resulting from their operations. If Consultant fails to maintain any required insurance, Town may take out such insurance, and deduct and retain amount of premium from any sums due Consultant under this Agreement. END OF ANNEX “B” Exhibit 1: Consultant’s Services and Fees EXHIBIT 1 – DESCRIPTION OF CONSULTANT’S SERVICES This is an Exhibit to the Agreement for Professional Services Agreement dated July 1, 2024 (“Agreement”) between Town and Consultant, as described therein, for the provision of professional services (“Services”). Scope of Work Subject to the terms and conditions of this Agreement, Muchmore Than Consulting, LLC (Consultant) shall assign Consultant’s employee(s) to perform interim and consultative, project, analysis, leadership, and assessment services in the areas of Administrative Services, Human Resources, Finance, and Payroll for the Town of Tiburon (Town), which may require performing any or all of the functions described below: • Perform functions as required by the Town and assigned by Deborah Muchmore, Manager. • Provide project related services on an as needed basis, with appropriate invoices for services provided. • Services may be within any of the MTC service areas, including but not limited to: o Human resources and payroll advisory and project services. o Organizational and personnel development services. o Disability and Leave Case management services. o Fiscal Analysis and Payroll support and oversight services. o Interim Human Resources Management services. • Services to be engaged via mutual written agreement — formats may range from email to amendment to this agreement. • Be reasonably available to perform the services during the normal work week. • Meet regularly and as often as necessary for the purpose of consulting about the scope of work performed. • Perform other duties as are consistent with the services described herein and approved by the Town Manager and the Consultant project lead. • Perform services at Agency offices or at any other location deemed as appropriate by the Consultant project lead and Consultant’s employee providing such services. Rate Schedule HR or Finance Director/ Chief Labor Negotiator Up to $140.00 per hour Sr. Finance, Payroll, & Budget Analyst Up to $120.00 per hour HR, Payroll, or Finance Advisor Up to $95.00 per hour HR or Finance Specialist Up to $80.00 per hour Admin Technician/Organization and File Specialist Up to $68.00 per hour Muchmore Than Consulting will pass on direct reasonable business expenditures for reimbursement. Travel time to the site will be billed at ½ the billable rate of the team member providing the service per the above schedule and titles. No mileage or transportation will be billed. TOWN OF TIBURON PAGE 1 OF 5 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Consideration of Resolutions (5) Related To The Adoption Of The Fiscal Year 2024-25 Town of Tiburon Municipal Budget. Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY As part of the annual budget adoption process, Council is being asked to approve five Resolutions. RECOMMENDED ACTION(S) Staff recommends that the Town Council: 1. Adopt and authorize the Mayor to sign, the attached resolution (Exhibit 2) approving the Municipal Budget Plan for the Town of Tiburon for the Fiscal Year Ending June 30, 2025. 2. Adopt and authorize the Mayor to sign the attached resolution (Exhibit 3) establishing the Appropriations Limit for the Fiscal Year ending June 30, 2025. 3. Adopt and authorize the Mayor to sign the attached resolution (Exhibit 4) amending the Mid-Management and Unrepresented Employees Recognition and Incentive Compensation Program for the Fiscal Year ending June 30, 2025. 4. Adopt and authorize the Mayor to sign the attached Resolution (Exhibit 5) amending the Management Recognition and Incentive Compensation Program for the Fiscal Year ending June 30, 2025. 5. Adopt and authorize the Mayor to sign the attached Resolution (Exhibit 6) approving the Capital Improvement Program for the Town of Tiburon for the Fiscal Year Ending June 30, 2025. BACKGROUND At the regular meeting of June 5, 2024, the Town Council received a presentation and held a Public Hearing on the Preliminary Municipal Budget (Proposed Budget) for Fiscal Year 2024-25. At the conclusion of the Public Hearing, staff was directed to return to Council on June 19 for adoption of the Proposed Budget and associated Resolutions. The California Code of Regulations section 570.5 requires an employer to publish a publicly available pay schedule to help determine earned income for the purposes of calculating retirement. This pay schedule may not be inside another document such as a Memorandum of Understanding. Staff will return with a current pay schedule at the next regular meeting following approval of this item. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting June 19, 2024 Agenda Item: CC-8 Town Council Meeting June 19, 2024 TOWN OF TIBURON Page 2 of 5 ANALYSIS Today, Council is being asked to approve five Resolutions associated with adopting the Fiscal Year 2024-25 Municipal Budget. A copy of the Final FY 25 Budget is attached as Exhibit 1. The Resolutions are as follows: A Resolution of the Town Council of the Town of Tiburon adopting a Municipal Operating Budget Plan for the Town of Tiburon for the Fiscal Year ending June 30, 2025 (Exhibit 2) The final Proposed Operating Budget includes $16,690,887 in Operating Expenditures, $499,900 in Capital and IT Outlay, and $1,679,605 in Debt Service. The Proposed Operating Budget also includes $16,710,974 in Operating Revenue, resulting in an Operating Budget projected to produce a $20,087 surplus from operations. A Resolution of The Town Council of The Town of Tiburon establishing an Appropriation Limit for Fiscal Year 2024-25 pursuant to Article Xiii B. of the Constitution of the State of California (Exhibit 3) Proposition 4, approved by California voters in November 1979, established and defined annual expenditure appropriation limits on all government entities, commonly referred to as Gann limits. Proposition 4 became effective in Fiscal Year 1980-81; however, the calculations to determine the annual limit are carried from a Fiscal Year 1978-79 base. Proposition 4 was modified in 1990 with the passage of Proposition 111, which slightly changes the annual adjustment factors, further identification of the types of expenditures which are excluded from the limit, and provisions for the exclusion of emergency expenditures from the limit. Implementation legislation provides that the Town Council shall, at a regularly scheduled meeting, establish by resolution the amount of appropriation subject to limitation. The State is to be provided with informational forms with the filing of the Annual Statement of Financial Transactions no later than ninety days after the start of the fiscal year. The appropriations limit is the calculated dollar amount which limits the Town’s ability to receive and expend proceeds of taxes. Such revenues include: Property Taxes, ERAF rebates, Sales Taxes, Real Property Transfer Taxes, Transient Occupancy Taxes, Business License Taxes, State Motor Vehicle Fees, Off-Highway Taxes, certain rental income, other revenues and rebates, a share of Investment Earnings, and transfer of funds from other funds into reserves of the General Fund. The limit is calculated by adjusting the previously adopted limit by factors which include: (1) the State of California Per Capita Income Growth, and (2) the Town’s Population Growth. Both these figures are provided by the State Department of Finance. The limit is further adjusted if cities bear the costs of legislated fees for the transfer of responsibility. The County, through SB 2335, established fees for the collection of property taxes, which are not subject to the limit. The calculation for the Town of Tiburon’s Appropriations Limitation for FY 2024-25 is illustrated below: Town Council Meeting June 19, 2024 TOWN OF TIBURON Page 3 of 5 Gann Limit Calculation – FY 2023-24 Amount 1. Previously established limit, July 1, 2023 $12,275,240 2. Adjustment Factors Per capital personal income 4.40% Population growth -.4% 3. Multiplier, for adjustment to limit (1.040 x 0.988) 1.03982 4. Adjusted Limit (1) x (3) $12,764,089 5. Add: legislated pass-through fees County property tax collection $68,250 6. Revised limit, July 1, 2024 $12,832,339 Once the Appropriations Limitation has been determined for the upcoming fiscal year, Staff must then determine the amount of revenues that the Town expects to receive that are subject to the limit. The table below illustrates revenues that are subject to the Gann Limit. 2024-2025 Appropriations Subject to Gann Limit Amount A. Proceeds of Taxes $ 10,197,913 B. Exclusions -0- C. Appropriations subject to Limitation $ 10,197,913 D. Current Year Limit (from above) $12,832,339 E. Over (Under) Gann Limit ($2,634,426) F. Percent Over (Under) Limit (25.83%) Any additional revenues received during FY 2023-24 that are considered “proceeds of taxes” will reduce the amount the Town is currently under the Gann Limit. Town Council Meeting June 19, 2024 TOWN OF TIBURON Page 4 of 5 A Resolution of the Town Council of the Town of Tiburon repealing Resolution No. 04-2023 and adopting an amended Mid-Management and Unrepresented Employees Recognition and Incentive Compensation Program for Fiscal Year 2024-25 (Exhibit 4) Annually, the Town Council adopts a resolution restating the employee recognition and incentive compensation program for the Town’s Mid-Management and Unrepresented employees. (The Program). The resolution provides for a one-year compensation schedule for employees covered under The Program. It is proposed that in FY 2024-25 all Unrepresented and Mid-Management employees receive a cost-of-living increase of 4.0%. Equity adjustments are made every two years according to the Town’s Administrative Policy for setting salary ranges for Mid-Management and Unrepresented employees. No equity adjustments are proposed for FY 2024-25. The Program includes salary ranges for 3 new job classifications, Human Resources Analyst I, Human Resources Analyst II, and Police Records and Services Coordinator. A Resolution of the Town Council of the Town of Tiburon repealing Resolution No. 24-2022 and adopting an amended Management Recognition and Incentive Compensation Program for Fiscal Year 2024-25 (Exhibit 5) Annually, the Town Council adopts a resolution restating the employee recognition and incentive compensation program for the Town’s Management employees (The Program). The resolution provides for a one-year compensation schedule for employees covered under The Program. It is proposed that in FY 2024-25 all Unrepresented Management employees receive a cost-of-living increase of 4.0%. A Resolution of the Town Council of the Town of Tiburon adopting the Capital Improvement Program for the Town of Tiburon for the Fiscal Year ending June 30, 2024 (Exhibit 6) The proposed FY 24 Capital Improvement Program (CIP) totals $4,245,000 in expenditures. This includes $1,700,000 in Street Improvement Projects, $735,000 in Drainage Improvement Projects and $1,810,000 in Community/Miscellaneous projects. The Resolution also details the proposed sources of funding for the projects. On June 17, 2024, the Planning Commission reviewed the proposed FY 25 Capital Improvement Program and voted in determining that all of the projects included in the proposed CIP are consistent with the Town’s General Plan. FINANCIAL IMPACT By approving the Resolutions as presented, Council is authorizing the level of expenditures, within Funds included in the approved budget.. Town Council Meeting June 19, 2024 TOWN OF TIBURON Page 5 of 5 RECOMMENDATION Staff recommends that the Town Council: 1. Adopt and authorize the Mayor to sign, the attached resolution (Exhibit 2) approving the Municipal Budget Plan for the Town of Tiburon for the Fiscal Year Ending June 30, 2025 2. Adopt and authorize the Mayor to sign the attached resolution (Exhibit 3) establishing the Appropriations Limit for the Fiscal Year ending June 30, 2025. 3. Adopt and authorize the Mayor to sign the attached resolution (Exhibit 4) amending the Mid-Management and Unrepresented Employees Recognition and Incentive Compensation Program for the Fiscal Year ending June 30, 2025. 4. Adopt and authorize the Mayor to sign the attached Resolution (Exhibit 5) amending the Management Recognition and Incentive Compensation Program for the Fiscal Year ending June 30,2025. 5. Adopt and authorize the Mayor to sign the attached Resolution (Exhibit 6) approving the Capital Improvement Program for the Town of Tiburon for the Fiscal Year Ending June 30, 2025 Exhibits 1. Final FY 25 Budget 2. Resolution Adopting the Municipal Budget Plan for FY 2024-25 3. Resolution Establishing the Town’s Appropriation Limit for FY 2024-25 4. Resolution amending the Mid-Management and Unrepresented Employees Recognition and Incentive Program for FY 2024-25 5. Resolution amending the Management Incentive Program for FY 2024-25 6. Resolution Adopting the FY 2024-25 Capital Improvement Program Prepared By: Deborah Muchmore Interim Director of Administrative Services Greg Chanis, Town Manager EXHIBIT 1 Town of Tiburon Preliminary Municipal Budget Fiscal Year 2024 - 2025 Presented To: Mayor Alice Fredericks Vice Mayor Holli Thier Councilmember Isaac Nikfar Councilmember Jack Ryan Councilmember Jon Welner Table of Contents Town Manager's Budget Letter i Town Organization Chart ii Directory of Town Officials iiiTown Council, Commission and Board Members iv FUND RESOURCES OVERVIEW PUBLIC WORKS Overview of Total Appropriations 2 Department Summary - All Divisions 52 Changes to Fund Balances 3 Administration & Engineering 55 Statement of Fund Balances 4 Streets Maintenance 58 Special Fund Descriptions 5 Parks Maintenance 61Corporation Yard 64OPERATING BUDGET OVERVIEW Street & Signal Light System 66 Overview of Operating Revenues & Expenditures 7 Cypress Hollow Special District 68 OPERATING REVENUES & SOURCES OF FUNDS NON-DEPARTMENTAL Overview of Operating Revenue Chart 9 Department Summary - All Divisions 71Summary of Operating Revenues 10 Insurances and Intergovernmetal Agreements 73 Operating Budget Revenues - Detail 11 Low-Moderate Income Housing 75 Town Owned Housing 77 OVERVIEW OF OPERATING EXPENDITURES Belvedere-Tiburon Library Agency 79 Overview of Expenditures by Object 14 Genereal Fund Operating Expenditures 15 CAPITAL OUTLAY & ALLOWANCESummary of Department Expenditures 16 Planned Capital Outlay Purchases 82 Summary of Funding for Department Expenditures 17 Planned Technology Outlay Purchases 83 Summary of Expenditures by Object 18 CAPITAL IMPROVEMENT PROGRAM DEPARTMENT OPERATING EXPENDITURES Summary of Projects 84 Overview of Planned Funding 85TOWN ADMINISTRATIVE SERVICES Streets Improvement Projects 86Department Summary - All Divisions 20 Drainage Improvement Projects 88 Administrative Services 22 Community & Miscellaneous Projects 90 Legal Services 25 Legislative Support 27 DEBT SERVICE PROGRAM Town Hall Facility 29 Principal, Interest & Fiscal Fees 118 Bond Issue Information 119COMMUNITY DEVELOPMENT Department Summary - All Divisions 32 SUPPLEMENTAL INFORMATION Planning & Design Review 34 Assessed Value of Property 121 Building Inspection 37 Assessor's Parcel Data 123 Advance Planning 40 Town Staffing 125 POLICE DEPARTMENT Department Summary - All Divisions 43 Police Services 45 Police Facility/EOC 49 Citizens of Tiburon Administrative Services Police Public Works Community Development Bel-Tib Joint Recreation Committee Parks, Open Space and Trails Comm. Bel-Tib Library Agency Board of Trustees Heritage & Arts Commission Design Review Board Planning Commission Town Council Town Manager Town Attorney Director of Community Development Director of Public Works/ Town Engineer Director of Administrative Services Police Chief Disaster Advisory Council Diversity Inclusion Task Force TOWN MANAGER Gregory Chanis TOWN ATTORNEY Benjamin Stock CHIEF OF POLICE Michelle Jean DIRECTOR OF ADMINISTRATIVE SERVICES Vacant DIRECTOR OF COMMUNITY DEVELOPMENT Dina Tasini PUBLIC WORKS OPERATIONS MANAGER Patrick Kerslake PUBLIC WORKS ENGINEERING MANAGER David Eshoo TOWN CLERK Lea Dilena BUILDING OFFICIAL Doug Haight Directory of Town Officials PLANNING COMMISSION BELVEDERE/TIBURON JOINT RECREATION COMMITTEE Erica Williams, Chair Daniel Amir, Vice Chair Victoria Gazulis, Chair (Tiburon) Kathleen Defever Dan Fletcher, Vice Chair (Tiburon) Jeff Tsai Sally Wilkinson (Belvedere City Council) Eric Woodward Isaac Nikfar (Tiburon Town Council) Liz Webb (RUSD Representative) Albert Yu (Tiburon) Melissa Feder (Belvedere) DESIGN REVIEW BOARD Chelsea Schlunt (Belvedere) Julianne Schaefer (Belvedere) Suzanne Kim, Chair Bryan Chong, Vice Chair BELVEDERE/TIBURON LIBRARY AGENCY Jim Malott BOARD OF TRUSTEES Jim O'Dorisio Alex Rosner Roxanne Richards, Chair (Belvedere) Anthony Hooker, Vice Chair (Belvedere) PARKS, OPEN SPACE & TRAILS COMMISSION Jeff Slavitz, Treasurer (Tiburon) Larry Drew (Tiburon) Liz Judge, Chair Ken Weil (Tiburon) Chuck Hornbrook, Vice Chair Emily Poplawski (Belvedere) Timothy Burr Niran Amir (RUSD) Michael Moon Angela McInerney BELVEDERE/TIBURON JOINT HERITAGE & ARTS COMMISSION DISASTER ADVISORY COUNCIL Jaleh Etemad, Chair Tom Cromwell, Chair (Belvedere City Council) Arjun Gupta, Vice Chair Holli Thier (Tiburon Town Council) Trish Ferrin Adam Gavzer (Belvedere) Victoria Fong James Sherman (Unincorporated) Azita Mujica Jerry Butler (Belvedere) Nora Noguez Victoria Arnett, Commissioner Emeritus Town Historian: David M. Gotz DIVERSITY INCLUSION TASK FORCE Mayor Alice Fredericks Tina Shah Paikeday, Vice Chair Vice Mayor Holli Thier, Chair Hawi Awash Councilmember Isaac Nikfar Karen Carrera Councilmember Jack Ryan Ruben Kalra Councilmember Jon Welner Nooshin Latour JON WELNER Town Council, Commission & Board Members TOWN COUNCIL ALICE FREDERICKS, MAYOR HOLLI THIER, VICE MAYOR ISAAC NIKFAR JACK RYAN Overview of Total Appropriations Statement of Fund Balances, June 30th Closing Changes to Fund Balance Fiscal Year 2024/25 Capital & Special Project Fund Descriptions FUND RESOURCES OVERVIEW Page 1 FUND RESOURCES OVERVIEW Fiscal Year 2024/25 Overview of Total Appropriations Appropriation Operating Program Town Administration 3,282,286 Community Development 1,775,116 Police 4,982,508 Public Works 2,838,492 Non-Departmental 3,812,485 Subtotal:16,690,887$ Capital & IT Outlay Program 499,900$ Capital Improvement Program Street Improvements 1,700,000 Drainage Improvements 735,000 Community Development Improvements 1,810,000 Subtotal: 4,245,000$ Debt Service Program 2016 Consolidated Reassessment District 621,000 TPFA 2016 Refunding Revenue Bonds 624,380 Virginia Undergrounding District Series A 40,100 Virginia Undergrounding District Series B 41,863 Hawthorne Undergrounding District 352,263 Subtotal: 1,679,605 Total Appropriation 23,115,393$ Page 2 FUND RESOURCE OVERVIEW Fiscal Year 2024/25 FUND/RESERVE Estimated Fund Balance 7/1/2024 Projected Revenues Projected Operating Expenses Projected Capital Project Expenses Transfers In Transfers Out Projected Change to Fund Balance PROJECTED FUND BALANCE 6/30/2025 GENERAL FUND RESERVES POLICY RESTRICTED Operating Reserve (25%)6,156,000$ 13,697,111 13,677,024 - 797,500 (777,413) 5,378,587$ Employee Compensated Leave 172,417$ - - - - - 172,417 Employee Housing Assistance -$ - - - - - - CalPERS Liability Reserve -$ - - - - - - - OPEB Fund (GASB 45)-$ - - - - Self Insurance 118,159$ - 25,000 - 7,500 - (17,500) 100,659 Capital Equipment Replacement 558,348$ 214,180 275,000 - - - (60,820) 497,528$ Technology Fund 628,859$ 125,650 224,900 - - - (99,250) 529,609 DISCRETIONARY SET-ASIDES PW Corp Yard Improvement 3,747,788$ - - 120,000 - - (120,000) 3,627,788 Dairy Knoll Maintenance 200,000$ 40,000 40,000 240,000 RBSD Ponds - Park Development & ORT 606,670$ - 40,000 245,000 - - (285,000) 321,670 Open Space Management 125,141$ - - - - 125,141 Emergency Repairs 99,560$ - - - - - 99,560 Streets & Drainage 973,417$ 70,000 - 1,185,000 500,000 - (615,000) 358,417 Infrastructure & Facility Replacement 593,426$ 168,000 - 650,000 250,000 - (232,000) 361,426 Martha Property -$ - - - Litigation Reserve -$ - - - - - - -$ - - - - - - Sub-Total 6,346,002 238,000 40,000 2,200,000 790,000 - (1,212,000) 5,134,002 Total General Fund 13,979,785$ 14,274,941$ 14,241,924$ 2,200,000$ 797,500$ 797,500$ (2,166,983)$ 11,812,802$ RESTRICTED FUNDS Planning State Grant (SB-2)-$ - - - - - - - COPS -$ - - Cypress Hollow District 26,675$ 16,632 37,000 - - - (20,368) 6,307 Paula Little Flower 73,748$ 3,500 10,000 - -$ (6,500) 67,248 County Measure A Funds (Parks)15,340$ 73,467 - 75,000 - - (1,533) 13,807 TAM Safe Routes to School -$ - - - - - State Per Capita Grant (Parks)-$ - - State Gas Tax (HUTA)1,004,637$ 257,287 120,000 100,000 - - 37,287 1,041,924 County Measure A/AA Transportation (S 901,116$ 221,408 - 271,408 - (50,000) 851,116 County Measure B Funds 112,882$ 4,500 - - - 4,500 117,382 RMRA (SB1 Funding)280,813$ 225,622 225,622 - - - 280,813 Town Owned Housing Units 19,724$ 149,073 137,199 - - 11,874 31,598 Heritage & Arts Project Fund 5,647$ 250 - - 250 5,897 Low & Moderate Housing 1,201,303$ 12,013$ 11,469$ -$ -$ 543.66$ 1,201,846.66$ Tiburon Playground Improvements 2,030$ - - - - - 2,030 Tiburon Parks In-Lieu 43,503$ 435 - - - 435 43,938 Open Space Acquisition 216,367$ 2,164 - - - 2,164 218,531 Tiburon Planning Area Mitigation 206,727$ 2,067 - - - 2,067 208,794 Tiburon Street Impact 1,853,002$ 444,141 - 952,970 - - (508,829) 1,344,173 Tiburon Drainage Impact 238,100$ 50,000 - - - 50,000 288,100 Tiburon Circ System Improvement 146,214$ 1,462 - - - 1,462 147,676 Tiburon Bunch Grass Mitigation 146,447$ 1,464 - - - 1,464 147,911 Tiburon Long Range Planning (74,004)$ 60,000 - 25,000 - 85,000 10,996 Belvedere/Tiburon Library Agency 11,364$ 2,133,295 2,133,295 - - - 11,364 Total Restricted Funds 6,431,635 3,658,782 2,448,963 1,625,000 25,000 - (390,182) 6,041,453$ Total Town Funds 20,411,420$ 17,933,723$ 16,690,887$ 3,825,000$ 822,500$ 797,500$ (2,557,165) 17,854,255$ Changes to Fund Balance, projected June 30, 2025 Page 3 FUND RESOURCES OVERVIEW Fiscal Year 2024/25 Statement of Fund Balances, June 30th Closing 2019/20 2020/2021 2022/2023 2023/2024 2024/2025 FUND/ RESERVE Actual Actual Actual Estimated Projected GENERAL FUND Operating (Policy Requires 25% Reserve)6,479,367 9,772,922 8,750,751 6,156,000 5,378,587 Employee Compensated Leave 250,000 192,072 172,417 172,417 172,417 Employee Housing Assistance - - - - CalPERS Liability Reserve - - - - OPEB Fund (GASB 45)- - - - Self Insurance 250,004 215,183 143,159 118,159 100,659 Capital Equipment Replacement 530,083 611,867 578,013 558,348 497,528 Technology Fund 601,855 637,703 635,769 628,859 529,609 Sub-Total 8,111,309$ 11,429,747$ 10,280,109$ 7,633,783$ 6,678,800$ DISCRETIONARY SET-ASIDES PW Corp Yard Improvement 3,497,788 3,497,788 3,497,788 3,747,788 3,627,788 Dairy Knoll Maintenance - 150,000 200,000 240,000 RBSD Ponds 525,921 - 973,928 - - Park Development & ORT 525,921 409,247 451,670 606,670 321,670 Open Space Management 25,141 25,141 25,141 125,141 125,141 Emergency Repairs 99,560 99,560 99,560 99,560 99,560 Infrastructure & Facility Replacement 1,151,126 1,249,232 513,426 593,426 361,426 Martha Property - - 800,000 - - Litigation Reserve - 100,000 - - - Sub-total 7,185,461$ 6,790,433$ 7,789,101$ 6,346,002$ 5,134,002$ Total General Fund:15,296,770$ 18,220,180$ 18,069,210$ 13,979,785$ 11,812,802$ OTHER RESTRICTED FUNDS Planning State Grant - - - - - COPS - - - Cypress Hollow District 19,038 4,818 47,043 26,675 6,307 Paula Little Flower 28,533 86,842 77,248 73,748 67,248 County Measure A Funds (Parks)50,706 27,411 16,979 15,340 13,807 State Gas Tax 1,481,523 1,494,544 1,577,583 1,004,637 1,041,924 County Measure A Transportation (Sales)557,242 541,505 871,116 901,116 851,116 County Measure B Funds 115,384 32,614 33,412 112,882 117,382 RMRA (SB1 Funding) 333,799 340,735 555,191 280,813 280,813 Town Owned Housing Fund 220,855 331608 -21073 19,724 31,598 Heritage & Arts Donation Fund 10,303 5,437 5,593 5,647 5,897 Low & Moderate Housing 1,205,125 1,182,473 1,200,948 1,201,303 1,201,847 Tiburon Playground Improvements 2,030 2,030 2,030 2,030 2,030 Tiburon Parks In-Lieu 40,562 41,342 43,086 43,503 43,938 Open Space Acquisition 206,859 209,140 214,254 216,367 218,531 Tiburon Planning Area Mitigation 197,643 199,822 204,708 206,727 208,794 Tiburon Street Impact 2,505,578 2,745,266 3,377,002 1,853,002 1,344,173 Tiburon Drainage Impact 93,788 173,801 198,100 238,100 288,100 Tiburon Circ System Improvement 139,767 141,309 144,787 146,214 147,676 Tiburon Bunch Grass Mitigation 140,013 141,555 145,017 146,447 147,911 Tiburon Long Range Planning 411,324 311,044 30,996 (74,004) 10,996 Belvedere/Tiburon Library Agency - - - 11,364 11,364 Total Restricted Funds:7,760,074$ 8,013,296$ 8,724,020$ 6,431,635$ 6,041,453$ Grand Total Funds 23,056,844 26,233,476 26,793,230 20,411,420 17,854,255 Page 4 FUND RESOURCES OVERVIEW Fiscal Year 2024/25 Capital & Special Projects Funds Descriptions FUND Description Low & Moderate Housing Fund To account for resources received through collection of in-lieu housing fees which are restricted for expenditure on low and moderate (affordable) income housing programs. Open Space Acquisition Fund To account for resources received from issuance of the 1972 Open Space General Obligation Bonds. Funds are restricted for expenditures for the acquisition, maintenance or improvement of open space. State Gas Tax Fund To account for State revenues restricted for streets expenditures. Street Frontage Improvement Fund Restricted for expenditure on street frontage improvements such as sidewalks and curbs. Tiburon Long Range Planning Fund To account for resources received through the issuance of building permits and the subsequent collection of a special planning fee, which is used for expenditures related to maintenance of the Town's General Plan. Tiburon Parks In-Lieu Fund To account for resources received through collection of in-lieu parks fees which are restricted for expenditure on the acquisition, improvement or maintenance of park and recreational facilities. Tiburon Planning Area Mitigation Fund To account for resources received through collection of mitigation fees which are for circulation improvements located outside the Town's corporate limits, but within the Tiburon Planning Area. This fund was previously named the Tiburon Boulevard 101 Wye Tiburon Playground Improvement Fund To account for resources received from the community for improvement of playground facilities in Tiburon. Established July 1995 through transfer of resources from the General Fund Park Development Reserve. Tiburon Drainage Impact fund To account for resources received through the issuance of building permits and the subsequent collection of impact fees which are used for expenditures related to improvement or maintenance of the Town's drainage system. Town Owned Housing Fund To account for resources received through the rental of Town owned Pt. Tiburon Marsh units. County Measure A Transportation Sales Tax To account for resources received through the County of Marin from a 1/2 cent sales tax measure passed in 2004 to improve transportation in Marin County. The Transportation Authority of Marin oversees the administration of funding. County Measure B VLF Fund To account for resources received through the County of Marin from a $10 vehicle license registration fee charge for transportation improvements. This fee was approved by voters in November 2010 and is overseen by the Transportation Agency of Marin. County of Marin Measure A Open Space Sales Tax To account for resources received through the County of Marin from a 1/4 cent sales tax measure approved by voters in November 2011. Funds are to be used for existing parks and open spaces. Page 5 Overview of Revenues & Expenditures Fiscal Year 2024/25 OPERATING BUDGET OVERVIEW Page 6 OPERATING REVENUES & EXPENDITURES Fiscal Year 2024/25 Overview of Operating Budget Revenues & Expenditures REVENUE & SOURCES AMOUNT EXPENDITURES AMOUNT GENERAL FUND REVENUES TOWN ADMINISTRATIVE SERVICES Property Taxes 7,822,018 Town Administration 2,158,701 Other Taxes 2,055,000 Legal Services 551,735 Licenses & Permits 1,304,250 Legislative 181,250 Intergovernment & Agency 303,443 Town Hall Facility 390,600 Franchises 960,000 Charges for Service 648,150 NON DEPARTMENTAL 3,812,485 Investment Earnings 475,000 Fines & Forfeitures 88,250 COMMUNITY DEVELOPMENT Other Revenues 41,000 Planning & Design Review 1,040,893 Building Inspection 734,223 Subtotal 13,697,111$ Advance Planning - POLICE OTHER SOURCES Police Services 4,886,668 Other Fund Sources 3,013,863$ Police/EOC Facility 95,840 PUBLIC WORKS Administration & Engineering 470,009 Parks Maintenance 1,141,882 Street & Signal Light System 83,000 Corporation Yard 141,600 Cypress Hollow 37,000 TOTAL REVENUE & SOURCES 16,710,974$ TOTAL EXPENDITURES:16,690,887$ NET OPERATING SURPLUS (DEFICIENCY)$20,087 Page 7 Overview of Operating Revenue Plan Summary of Operating Revenues Operating Budget Revenues General Fund Self Insurance Reserve Employee Compensated Leave Reserve Capital Equipment Replacement Reserve Technology Fund Reserve Park Development & ORT Reserve Cypress Hollow Fund Measure "A" Parks State Gas Tax Low/Moderate Income Housing Fund Peninsula Library JPA Fund Long Range Planning Fund OPERATING REVENUES & SOURCES OF FUNDS Page 8 Overview of Operating Budget Sources of Funding Property Taxes 7,822,018$ Other Taxes 2,055,000$ Franchises 960,000$ Fines & Forfeitures 88,250$ Investment Earnings 475,000$ Intergovernment & Agency 303,443$ Licenses & Permits 1,304,250$ Charges for Service 648,150$ Other Revenues 41,000$ 13,697,111$ OPERATING REVENUES Fiscal Year 2024/25 $7,822,018 Property Taxes 57.1% $2,055,0… $960,000 Franchises 7.0%$88,250 Fines & Forfeitures 0.6% $475,000 Investment Earnings 3.5% $303,443 Intergovernment & Agency 2.2% $1,304,250 Licenses & … $648,150 Charges for Service 4.7%$41,000 Other Revenues 0.3% Planned Operating Revenues & Sources of Funds for 2024/25 $13,697,111 Page 9 OPERATING REVENUES Operating Budget Revenues - Summary Description 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed GENERAL FUND Property Taxes 7,063,916 7,311,360 7,602,768 7,822,018 Other Taxes 1,870,909 2,004,832 2,000,000 2,055,000 Franchises 799,870 808,558 882,500 960,000 Fines & Forfeitures 95,987 221,219 88,250 88,250 Investment Earnings 41,749 457,949 300,000 475,000 Intergovernment & Agency 366,163 320,994 303,443 303,443 Licenses & Permits 1,451,818 1,164,246 1,234,250 1,304,250 Charges for Service 744,475 699,310 553,400 648,150 Other Revenues 321,214 78,719 66,000 41,000 Subtotal General Fund:12,756,102$ 13,067,187$ 13,030,612$ 13,697,111$ OTHER FUND & RESERVE SOURCES Self Insurance Reserve 21,346 15,348 25,000 25,000 Capital Equipment Replacement 27,257 220,000 460,000 275,000 Technology Fund 157,527 294,825 239,325 224,900 Park Development & ORT 25,055 3,700 - 40,000 Cypress Hollow Fund 21,606 37,000 37,000 37,000 Paula Little Flower 4,732 12,399 10,000 10,000 Measure "A" Parks 68,344 118,122 - - State Gas Tax 7,392 25,062 120,000 120,000 Town Owned Housing Units 96,108 63,246 111,799 137,199 Low/Moderate Income Housing Fund 23,548 11,249 11,244 11,469 Street Impact Fund 52,837 - - - Long Range Planning Fund 218,546 355,000 355,000 - Peninsula Library JPA Fund 2,004,791 2,198,764 2,003,094 2,133,295 Infrastructure & Facility Replacement - 150,000 - - Subtotal Other Sources 2,729,089$ 3,504,715$ 3,372,462$ 3,013,863$ Totals:15,463,845$ 16,571,902$ 16,403,074$ 16,710,974$ Page 10 OPERATING REVENUES Operating Budget Revenues - Detail Description 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed PROPERTY TAXES Secured 4,635,054 4,911,423 5,150,000 5,410,000 Unsecured 88,728 93,341 92,500 102,000 Supplemental 157,511 178,111 125,000 125,000 Other 52,670 60,004 40,000 40,000 HOPTR State 18,732 18,484 18,250 18,000 ERAF Rebate 1,043,413 919,284 1,000,000 950,000 County Fees (Contra Revenue)(60,720) (63,319) (68,250) (68,250) Total:7,063,916 7,311,360 7,602,768 7,822,018 OTHER TAXES Sales Tax 643,368 956,399 850,000 885,000 Sales Tax-Public Safety 105,989 101,699 100,000 105,000 Transient Occupancy Tax 790,709 742,910 800,000 825,000 TOT Seasonal Rentals - . Real Property Transfer 330,843 203,824 250,000 240,000 Total:1,870,909 2,004,832 2,000,000 2,055,000 FRANCHISES Energy-PG&E 137,319 153,686 150,000 170,000 Refuse-Mill Valley Refuse 460,676 468,209 525,000 575,000 Debris Boxes - Grange 6,139 - 7,500 15,000 Telecommunications 195,736 186,663 200,000 200,000 Total:799,870 808,558 882,500 960,000 FINES & FORFEITURES Vehicle Code 3,438 6,022 5,000 5,000 Parking Code 58,804 44,200 50,000 50,000 False Alarm Fines 3,870 3,090 3,250 3,250 Permit Reactivate Fines 10,800 1,125 5,000 5,000 Other Fines 19,075 166,782 25,000 25,000 Total:95,987 221,219 88,250 88,250 INVESTMENT EARNINGS Interest-LAIF 41,749 457,949 300,000 475,000 Interest - Other Total:41,749 457,949 300,000 475,000 INTERGOVERNMENT & AGENCY State Motor Vehicle License Fees 10,924 9,355 6,750 6,750 State POST 3,835 1,570 6,000 6,000 State Abandoned Vehicle 4,493 4,690 4,800 4,800 Tiburon Fire District 25,932 - - - TPSL McKegney Fees 40,933 33,700 42,000 42,000 State Grants 25,930 20,000 15,000 15,000 County Grants 20,155 31,337 15,660 15,660 Other Grants/Gifts (Risk Management)1,000 8,577 - - Total:366,163 320,994 303,443 303,443 LICENSES & PERMITS Business License-Regular 217,095 205,888 210,000 210,000 Business License-Construction 114,400 100,606 90,000 100,000 Dog Walker Permits 450 650 500 500 Solar Panel Permits 60 - - - Film Permits 1,000 900 750 750 Building Permits 841,814 670,927 725,000 800,000 CEQA EIR Initial Study 655 250 - - Design Review 80,060 60,285 65,000 50,000 Page 11 OPERATING REVENUES Operating Budget Revenues - Detail Description 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed Home Occupation Permit 5,900 4,550 5,000 5,000 Lot Line Adjustment 1,670 720 - - Master & Precise Plan 730 1,300 - - Subdivision Permit Tree Permit 7,355 6,920 5,000 5,000 Use Permit 19,215 20,535 8,000 8,000 Variance Amendment 16,010 11,290 7,500 7,500 Zoning (Pre, Re)3,260 Other Planning Permits 2,110 - 500 500 Alarm System Permit 13,228 14,740 14,000 14,000 Drainage Review Fee Misc. Engineering Fees - - - Parking Permit (Residential)1,922 2,298 2,000 2,000 Total:1,451,818 1,164,246 1,234,250 1,304,250 CHARGES FOR SERVICE Refuse Franchise Admin. Fee 6,500 6,000 6,000 6,000 Miscellaneous-Administration Charges 2,989 2,969 2,500 2,500 Appeal 1,400 1,400 900 900 Plan Checking 516,968 511,868 425,000 500,000 Plan Checking-Outside 14,255 1,760 - - Records & Document Storage 59,255 46,933 45,000 50,000 Street Name/Address Change 1,700 3,660 1,000 1,000 Cost Recovery-Community Dev.- - - Miscellaneous-Planning Charges - Cost Recovery-Police 37,867 20,000 20,000 20,000 Police Overtime Reimbursement 3,072 3,500 3,500 3,500 Cost Recovery-Public Works 50,776 9,681 14,000 31,250 Total:744,475 699,310 553,400 648,150 OTHER REVENUES Refunds & Reimbursements 200,203 1,695 1,000 1,000 Other Revenues 11,538 6,661 5,000 5,000 Administrative Fees-Assessment Dist 21,060 - 25,000 25,000 Rent-Antenna Site & Utility 84,773 53,868 - - Rent-Other (Town Hall Facility)- - Sale-Property Equipment 16,495 35,000 10,000 Total General Fund:12,756,101 13,067,187 13,030,611 13,697,111 OTHER SOURCES OF FUNDS Restricted Fund Contributions/Transfers Self Insurance Reserve 21,346 15,348 25,000 25,000 Capital Equipment Replacement 27,257 220,000 460,000 275,000 Technology Fund 157,527 294,825 239,325 224,900 Park Development & ORT 25,055 3,700 40,000 Cypress Hollow Fund 21,606 37,000 37,000 37,000 Paula Little Flower 4,732 12,399 10,000 10,000 Measure "A" Parks 68,344 118,122 - - State Gas Tax 7,392 25,062 120,000 120,000 Town Owned Housing Units 96,108 63,246 111,799 137,199 Low/Moderate Income Housing Fund 23,548 11,249 11,244 11,469 Street Impact Fund 52,837 - - - Long Range Planning Fund 218,546 355,000 355,000 - Peninsula Library JPA Fund 2,004,791 2,198,764 2,003,094 2,133,295 Page 12 OPERATING REVENUES Operating Budget Revenues - Detail Description 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed Total:2,729,089 3,504,715 3,372,462 3,013,863 Total Revenues (All Funds):15,485,190 16,571,902 16,403,073 16,710,974 Page 13 OVERVIEW OF OPERATING EXPENDITURES Expenditures by Object Fund Sources for Expenditures Expenditures by Department Page 14 OPERATING EXPENDITURES Overview of Operating Expenditures by Object Salary & Wages 5,470,022$ Employee Benefits 2,778,914$ Supplies & Services 7,574,721$ Capital Outlay Expense 499,900$ Capital Outlay Allowance 339,830$ Town Owned Housing Improvements 27,500$ Total Operating Expenditures 16,690,887$ FY 2024/25 Salary & Wages $5,470,022 32.8% Employee Benefits $2,778,914 16.6% Supplies & Services $7,574,721 45.4% Capital Outlay Expense $499,900 3.0%Capital Outlay Allowance $339,830 2.0% Town Owned Housing Improvements $27,500 0.2% Planned Operating Expenditures by Object for 2023/24$16,690,887 Page 15 OPERATING EXPENDITURES General Fund Operating Expenditures Salary and Wages 5,470,022$ Employee Benefits 2,778,914$ Supplies and Services 5,060,758$ Capital Outlay Allowance 339,830$ Town Owned Housing Improvements 27,500$ Total General Fund Operating Expenditures 13,677,024$ FY 2024/25 Salary and Wages$5,470,022 40.0% Employee Benefits$2,778,914 20.3% Supplies and Services$5,060,758 37.0% Capital Outlay Allowance$339,830 2.5% Town Owned Housing Improvements$27,500 0.2% General Fund Expenditures by ObjectFY 2024/25$13,677,024 Page 16 OPERATING EXPENDITURES FY 2024/25 Department/Division 2021/22 2022/23 2023/24 2023/24 2024/25 Actual Actual Adopted Estimated Proposed ALL DEPARTMENTS/DIVISIONS TOWN ADMINISTRATIVE SERVICES Administration 1,258,700 1,564,595 1,843,427 1,600,013 2,158,701 Legal Services 500,724 499,322 491,650 464,726 551,735 Legislative 43,197 84,545 157,750 89,691 181,250 Town Hall Facility 199,376 262,755 298,000 328,000 390,600 Subtotal:2,001,998$ 2,411,217$ 2,790,827$ 2,482,430$ 3,282,286$ NON-DEPARTMENTAL Insurances and Governmental Agreements 1,164,416 1,710,598 1,484,272 1,465,219 1,505,522 Self Insurance 21,346 15,348 25,000 45,292 25,000 Housing 23,548 11,249 11,244 11,474 11,469 Town Owned Housing 96,108 63,246 111,799 117,330 137,199 Infrastructure & Facility Replacement - 150,000 - - - Belvedere-Tiburon Library Agency 2,004,791 2,198,764 2,003,094 1,880,840 2,133,295 Subtotal:3,310,209$ 4,149,205$ 3,635,409$ 3,520,154$ 3,812,485$ COMMUNITY DEVELOPMENT Planning & Design Review 609,413 695,362 1,004,838 734,148 1,040,893 Building Inspection 620,623 664,306 684,790 645,766 734,223 Advance Planning 218,546 355,000 355,000 - - Subtotal:1,448,581$ 1,714,668$ 2,044,628$ 1,379,913$ 1,775,116$ POLICE SERVICES Police Department 3,387,725 4,456,086 4,973,976 4,248,038 4,886,668 Police EOC/Facility 67,371 93,019 102,800 102,800 95,840 Subtotal:3,455,096$ 4,549,105$ 5,076,776$ 4,350,838$ 4,982,508$ PUBLIC WORKS & ENGINEERING Administration & Engineering 607,849 614,007 489,445 359,702 470,009 Streets Maintenance 782,079 708,538 1,053,989 995,092 965,001 Parks Maintenance 696,946 990,801 1,087,638 919,838 1,141,882 Street & Signal Light System 55,557 81,937 68,000 68,153 83,000 Corporation Yard 133,656 170,538 141,600 148,629 141,600 Cypress Hollow 21,606 37,000 37,000 37,000 37,000 Subtotal:2,297,693$ 2,602,821$ 2,877,671$ 2,528,414$ 2,838,492$ TOTAL:12,513,576$ 15,427,016$ 16,425,313$ 14,261,750$ 16,690,887$ Summary of Department Expenditures Page 17 2021/22 2022/23 2023/24 2023/24 2024/25 Actual Actual Adopted Estimated Proposed ALL FUNDS General Fund 9,715,223$ 12,063,251$ 13,012,850$ 11,584,921$ 13,677,024$ Employee Compensated Leave Reserve 69,264 15,406 - 23,586 - Self Insurance Reserve 21,346 15,348 25,000 45,292 25,000 Capital Equipment Replacement 27,257 154,673 460,000 248,414 275,000 Technology Fund 157,527 203,796 239,325 195,043 224,900 Park Development & ORT 25,055 3,700 40,000 40,000 40,000 Infrastructure & Facility Replacement - 150,000 - - - Cypress Hollow Fund 21,606 37,000 37,000 37,000 37,000 Paula Little Flower Fund 4,732 12,399 10,000 9,369 10,000 Measure "A" Parks 68,344 118,122 - - - State Gas Tax Fund 7,392 25,062 120,000 68,480 120,000 Town Owned Housing 96,108 63,246 111,799 117,330 137,199 Low & Moderate Income Housing 23,548 11,249 11,244 11,474 11,469 Street Impact Fund 52,837 - - - - Belvedere-Tiburon Library Agency 2,004,791 2,198,764 2,003,094 1,880,840 2,133,295 Total:12,513,576$ 15,427,016$ 16,425,313$ 14,261,750$ 16,690,887$ OPERATING EXPENDITURES FY2024/25 Summary of Funding Sources for Department Expenditures Page 18 OPERATING EXPENDITURES FY 2024/25 Expenditure Object 2021/22 2022/23 2023/24 2023/24 2024/25 Actual Actual Adopted Estimated Proposed SALARY & WAGES 4,319,908$ 4,952,333$ 5,368,233$ 4,842,900$ 5,470,022$ EMPLOYEE BENEFITS 1,943,783$ 2,411,582$ 2,669,463$ 2,412,154$ 2,778,914$ SUPPLIES & SERVICES Department Supplies & Expenses 171,258 173,250 255,799 208,678 260,049 Conferences & Memberships 33,129 44,039 130,105 52,999 165,105 Contractual Services 865,264 1,206,472 1,196,465 1,038,505 1,613,452 Insurances 367,163 490,591 585,943 604,126 675,443 Intergovernmental & Agency 2,896,315 3,684,706 3,071,279 2,896,768 3,156,572 Utility & Communication 366,964 314,097 364,450 311,143 367,450 Special Department Administrative 264,998 420,211 570,500 50,941 279,000 Total Supplies & Services 5,873,460$ 7,416,540$ 7,236,241$ 6,238,914$ 7,574,721$ CAPITAL OUTLAY EXPENSE 164,540$ 361,936$ 754,325$ 453,457$ 499,900$ CAPITAL OUTLAY ALLOWANCE 198,500$ 284,625$ 314,550$ 286,825$ 339,830$ CAPITAL PROJECT EXPENSES 13,385$ -$ 27,500$ 27,500$ 27,500$ TOTAL EXPENDITURES:12,513,576$ 15,427,016$ 16,370,313$ 14,261,750$ 16,690,887$ Summary of Expenditures by Object Page 19 Administrative Services Legal Services Legislative Support Town Hall Facility Town Administration is comprised of a series of support-related activities and functions. The activities are performed by the Town Manager, Town Attorney, and various administrative staff members. Staffing numbers in the department remain unchanged and consist of 7.0 full-time equivalent employees in FY 24-25. The total proposed appropriation for Town Administration is $3,317,286. Administrative Services The Administrative Services division is responsible for management oversight of all departments; financial management of Town resources; debt and special assessment management; payroll, personnel and benefit administration; risk management; records management; elections; participation and oversight of inter- governmental relations that affect the Town; and coordination and direction of Town activities and service delivery systems to ensure that services are provided efficiently. Legal Services The Town Attorney, which is a contracted position, provides legal counsel and advice to Town Council and Town Staff; coordinates all legal representation of the Town should outside counsel be required; and prepares or reviews ordinances, contracts and agreements. Legislative Support This division provides funding for legislative activities and bodies including the Town Council, Diversity Inclusion Task Force, Planning Commission, Design Review Board, Heritage & Arts Commission and the Parks, Open Space, and Trails Commission. Town Hall Facility This division consolidates all non-specific operational funding for the Town Hall. Expenses for building utilities and maintenance, insurance costs, and operating supplies are reflected here. TOWN ADMINISTRATION Page 20 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed DEPARTMENT FUNDING General Fund 1,918,884 2,298,205 2,695,627 3,164,686 Employee Compensated Leave Reserve 7,899 3,963 - - Legal Services Reserve - - - - Capital Equipment Replacement 2,476 20,000 20,000 40,000 Technology Fund 71,341 89,050 75,200 77,600 State Gas Tax 1,398 - - Total Department Funding 2,001,998$ 2,411,217$ 2,790,827$ 3,282,286$ DIVISION FUNDING Administration General Fund 1,178,063 1,471,583 1,768,227 2,081,101 Employee Compensated Leave 7,899 3,963 - - Technology Fund 71,341 89,050 75,200 77,600 State Gas Tax 1,398 - - Total Administration 1,258,700$ 1,564,595$ 1,843,427$ 2,158,701$ Legal Services General Fund 500,724 499,322 491,650 551,735 Total Legal Services 500,724$ 499,322$ 491,650$ 551,735$ Town Hall Facility General Fund 196,901 242,755 278,000 350,600 Capital Equipment Replacement 2,476 20,000 20,000 40,000 Total Town Hall 199,376$ 262,755$ 298,000$ 390,600$ Legislative General Fund 43,197 84,545 157,750 181,250 Total Legislative 43,197$ 84,545$ 157,750$ 181,250$ Total Division Funding 2,001,998$ 2,411,217$ 2,790,827$ 3,282,286$ DEPARTMENT SUMMARY Town Administration Page 21 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed EXPENDITURES SALARY & WAGES 750,805$ 824,531$ 975,435$ 993,929$ EMPLOYEE BENEFITS 267,141$ 312,732$ 336,742$ 454,147$ SUPPLIES & SERVICES Department Supplies & Expenses 63,608 83,233 168,000 172,250 Conferences & Memberships 12,586 13,861 55,750 56,750 Contractual Services 623,382 769,578 796,500 1,032,500 Utility & Communication 70,892 80,931 62,250 72,250 Special Department Administrative 17,971 44,764 93,000 144,000 Total Supplies & Services 872,235$ 1,109,904$ 1,321,000$ 1,643,250$ CAPITAL OUTLAY EXPENSE 73,817 109,050 95,200 117,600 CAPITAL OUTLAY ALLOWANCE 38,000 55,000 62,450 73,360 CAPITAL PROJECT EXPENSES - - - - DEBT SERVICE EXPENSES - - - - SOURCE OF FUNDING General Fund 1,918,884 2,302,167 2,695,627 3,164,686 Employee Compensation Leave 7,899 3,963 - - Legal Services Reserve - - - - Capital Equipment Replacement 2,476 20,000 20,000 40,000 Technology Fund 71,341 89,050 75,200 77,600 State Gas Tax 1,398 - - TOTAL FUNDING 2,001,998$ 2,415,180$ 2,790,827$ 3,282,286$ STAFFING LEVEL Town Manager 1.00 1.00 1.00 1.00 Town Attorney - - - - Director of Administrative Services 1.00 1.00 1.00 1.00 Accounting & Finance Manager 1.00 1.00 1.00 1.00 Information Technology Coordinator 1.00 1.00 - - Town Clerk 1.00 1.00 1.00 1.00 Office Assistant 1.00 1.00 1.00 - Administrative Assistant 1.00 Accountant - - - 1.00 HR & Accounting Technician 0.70 0.70 0.70 1.00 TOTAL STAFFING 6.70 6.70 5.70 7.00 Town Administration ALL DIVISIONS OBJECT SUMMARY Page 22 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed EXPENDITURES SALARY & WAGES 750,805$ 824,531$ 975,435$ 993,929$ EMPLOYEE BENEFITS 267,141$ 312,732$ 336,742$ 454,147$ SUPPLIES & SERVICES Department Supplies & Expenses 6,407$ 9,857$ 9,000$ 11,750$ Conferences & Memberships 6,725$ 6,739$ 38,500$ 38,500$ Contractual Services 124,955$ 267,749$ 303,000$ 445,000$ Special Department Administrative 3,139$ 13,438$ 61,000$ 91,000$ Total Supplies & Services 143,413$ 297,782$ 411,500$ 586,250$ CAPITAL OUTLAY EXPENSE 71,341$ 89,050$ 75,200$ 77,600$ CAPITAL OUTLAY ALLOWANCE 26,000$ 40,500$ 44,550$ 46,775$ TOTAL EXPENDITURES 1,258,700$ 1,564,595$ 1,843,427$ 2,158,701$ Positions 6.70 6.70 6.25 7.00 TOTAL STAFFING 6.70 6.70 6.25 7.00 Town Administration ADMINISTRATIVE SERVICES OBJECT SUMMARY Page 23 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed SALARY Town Manager 225,720 248,838 247,093 260,765 Dir. of Admin. Services 137,667 162,392 191,647 195,000 Town Clerk 104,575 121,649 124,559 133,346 IT Coordinator 75,442 - - - Administrative Analyst - - 130,000 90,000 Administrative Assistant 69,917 79,529 79,920 82,318 Accounting/Finance Manager 122,774 127,423 118,730 125,000 Finance/HR Assistant 1,950 80,737 67,486 90,000 Desktop/Tech Support Special Compensation Retention Bonus Vacation Leave Compensation 7,899 3,963 - - Casual/Temporary Hire (PST)4,860 - 15,000 15,000 Subtotal:750,805$ 824,531$ 975,435$ 993,929$ EMPLOYEE BENEFITS Medical & Insurance 90,933 95,430 118,232 176,633 Employee Accruing Fringe 23,317 24,245 20,571 33,601 PERS-Employee (7%) PERS-Town Normal Cost & Survivor Ben.51,427 56,869 67,688 68,895 PERS AAUL Payment 67,477 91,886 83,789 137,333 PST-Part-time 3.75%126 823 2,497 2,497 OPEB - GASB 45/75 Allowance (1%)8,203 9,594 - FICA-Medicare Tax 11,311 12,440 11,871 12,688 Automobile Allowance 8,600 7,650 7,500 7,500 Auto (Fast Track) Housing Allowance 12,000 12,462 12,000 12,000 Medical Allowance Relocation Expenses Incentive Bonus Pay - Tuition Reimbursement Cell Phone Allowance 1,950 2,725 3,000 3,000 Subtotal:267,141$ 312,732$ 336,742$ 454,147$ SUPPLIES & SERVICES DEPARTMENT SUPPLIES & EXPENSES Bank Charges & Fees 3,663 1,556 1,750 1,750 Noticing & Publication 2,164 5,438 3,500 3,500 Recruiting & Background - 150 2,500 4,000 Publications & Subscriptions 580 2,714 1,250 2,500 Subtotal:6,407$ 9,857$ 9,000$ 11,750$ CONFERENCES & MEMBERSHIPS Conferences, Meetings & Travel 2,877 2,878 7,500 7,500 Employee Development - 286 25,000 25,000 Memberships 3,847 3,574 6,000 6,000 Account Description ADMINISTRATIVE SERVICES Town Administration Page 24 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted ProposedAccount Description ADMINISTRATIVE SERVICES Town Administration Subtotal:6,725$ 6,739$ 38,500$ 38,500$ CONTRACTUAL SERVICES Contractual Services 5,558 7,546 25,000 175,000 Minutes Services (Temporary Hire)- - 5,000 - Financial Services Audit 33,000 16,400 55,000 65,000 Financial Services Audit - State Gas Tax 1,398 - - Professional Consultants 32,675 116,832 33,000 30,000 Professional Consultants (Comm/Website)- 779 45,000 25,000 Systems/Technical Support 5,430 7,189 5,000 - IT Consulting Services 46,894 119,003 135,000 150,000 Subtotal:124,955$ 267,749$ 303,000$ 445,000$ EQ SUPPLIES & MAINTENANCE System License & Maint 2,188 - Subtotal:2,188$ -$ -$ -$ SPECIAL DEPT. ADMINISTRATIVE Election 204 6,598 45,000 35,000 Municipal Code Section Maintenance 2,130 3,336 4,000 4,000 Newsletter Production & Mailing - - 1,000 1,000 Records Management 805 1,003 1,000 1,000 Contingency Provision - 2,500 10,000 50,000 Subtotal:3,139$ 13,438$ 61,000$ 91,000$ Total Supplies & Services:143,413$ 297,782$ 411,500$ 586,250$ CAPITAL OUTLAY EXPENSES CAPITAL TECHNOLOGY OUTLAY Replacement Computers & Monitors (4)1,444 6,150 5,000 6,000 Misc. Computer Parts 58 978 2,600 2,500 Contractual Services 6,554 Software & Licenses 36,699 25,805 35,000 35,000 Copier Maintenance - 13,335 4,000 4,000 LaserFische Ann. Maint.2,700 4,583 5,100 5,100 Financial Software Purchase 23,886 9,000 - - Office 365 License - 5,329 Incode 10 Annual Maintenance - 23,870 23,500 25,000 Subtotal:71,341$ 89,050$ 75,200$ 77,600$ Total Capital Outlay Expenses 71,341$ 89,050$ 75,200$ 77,600$ CAPITAL OUTLAY ALLOWANCE Capital Equipment Allowance - 5,500 6,050 6,350 Technology Allowance 26,000 35,000 38,500 40,425 Subtotal:26,000$ 40,500$ 44,550$ 46,775$ TOTAL DEPARTMENT 1,258,700$ 1,564,595$ 1,843,427$ 2,158,701$ Page 25 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed EXPENDITURES SUPPLIES & SERVICES Contractual Services 497,669 497,822 490,000 550,000 Special Department Administrative 2,055 - - - CAPITAL OUTLAY EXPENSE -$ -$ -$ -$ CAPITAL OUTLAY ALLOWANCE 1,000$ 1,500$ 1,650$ 1,735$ TOTAL EXPENDITURES 500,724$ 499,322$ 491,650$ 551,735$ STAFFING LEVEL TOTAL STAFFING Contract Contract Contract Contract Town Administration OBJECT SUMMARY LEGAL SERVICES Page 26 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed CONTRACTUAL SERVICES Contract - Town Attorney 352,715 355,397 450,000 475,000 Legal Services - Other 106,379 21,074 - - Legal Services - Employment 36,952 39,683 30,000 50,000 Litigation - Contigency - - - - Legal Settlements 1,624 81,668 10,000 25,000 Subtotal:497,669$ 497,822$ 490,000$ 550,000$ CAPITAL OUTLAY ALLOWANCE Technology Allowance 1,000 1,500 1,650 1,735 Subtotal:1,000$ 1,500$ 1,650$ 1,735$ TOTAL DEPARTMENT 500,724$ 499,322$ 491,650$ 551,735$ Account Description LEGAL SERVICES Town Administration Page 27 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed EXPENDITURES SALARY & WAGES EMPLOYEE BENEFITS SUPPLIES & SERVICES Department Supplies & Expenses 29,769 47,888 108,500 110,000 Conferences & Memberships 5,861 7,122 17,250 18,250 Equipment Supplies & Maintenance - - - - Special Department Administrative 6,567 29,535 32,000 53,000 Total Supplies & Services 42,197$ 84,545$ 157,750$ 181,250$ CAPITAL OUTLAY EXPENSE -$ -$ -$ -$ CAPITAL OUTLAY ALLOWANCE 1,000$ -$ -$ -$ TOTAL EXPENDITURES 43,197$ 84,545$ 157,750$ 181,250$ STAFFING LEVEL Positions TOTAL STAFFING Town Administration LEGISLATIVE SUPPORT OBJECT SUMMARY Page 28 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed SUPPLIES & SERVICES DEPARTMENT SUPPLIES & EXPENSES Special Events, Awards, Functions - 1,188 35,000 35,000 Community Events (Farmers Market)- - - Holiday Festival & Lights 29,574 34,461 37,500 40,000 CMCM (Meeting A/V)11,842 35,000 35,000 Council/Commission Functions 195 - 1,000 - Department Expenses - 397 - - Subtotal:29,769$ 47,888$ 108,500$ 110,000$ CONFERENCES & MEMBERSHIPS Conferences, Meetings & Travel - 390 3,500 3,500 MCCMC Functions 750 110 4,000 5,000 Membership - MCCMC 1,200 1,750 1,750 Membership - League of CA Cities 5,111 5,422 8,000 8,000 Subtotal:5,861$ 7,122$ 17,250$ 18,250$ EQUIPMENT, SUPPLIES & MAINTENANCE Operating Supplies - - - - Subtotal:-$ -$ -$ -$ SPECIAL DEPT ADMINISTRATION Diversity Task Force 21,225 20,000 40,000 Planning Commission 99 - 750 1,000 Design Review Board - 93 250 1,000 Parks, Open Space & Trails Commission - - 1,000 1,000 Heritage & Arts Commission 460 3,217 6,000 7,500 Contingency 6,008 - 4,000 2,500 Subtotal:6,567$ 29,535$ 32,000$ 53,000$ Total Supplies & Services:42,197$ 84,545$ 157,750$ 181,250$ CAPITAL OUTLAY ALLOWANCE Capital Equipment Allowance 1,000 - Technology Allowance - - Subtotal:1,000$ -$ -$ -$ TOTAL DEPARTMENT 43,197$ 84,545$ 157,750$ 181,250$ Account Description LEGISLATIVE SUPPORT Town Administration Page 29 Town Administration 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed EXPENDITURES SALARY & WAGES EMPLOYEE BENEFITS SUPPLIES & SERVICES Department Supplies & Expenses 27,432 25,488 50,500 50,500 Contractual Services 757 4,007 3,500 37,500 Equipment Supplies & Maintenance 81,609 117,539 145,500 165,500 Utility & Communication 70,892 80,931 62,250 72,250 Total Supplies & Services 186,901 229,755 261,750 325,750 CAPITAL OUTLAY EXPENSE 2,476 20,000 20,000 40,000 CAPITAL OUTLAY ALLOWANCE 10,000 13,000 16,250 24,850 CAPITAL PROJECT EXPENSES - - - - TOTAL EXPENDITURES 199,376$ 262,755$ 298,000$ 390,600$ STAFFING LEVEL Positions TOTAL STAFFING OBJECT SUMMARY TOWN HALL FACILITY Page 30 Town Administration 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed SUPPLIES & SERVICES DEPARTMENT SUPPLIES & EXPENSES Office & Copier Supplies 10,516 11,516 20,000 20,000 Postage 7,375 7,879 10,000 10,000 Printing & Reproduction 165 1,108 3,000 3,000 Recruiting & Background 5,379 2,416 7,500 7,500 Special Events, Awards, Functions 3,997 2,568 10,000 10,000 Subtotal:27,432$ 25,488$ 50,500$ 50,500$ CONTRACTUAL SERVICES Contractual Services 757 4,007 1,000 32,500 Parking Lease - - 2,500 5,000 Subtotal:757$ 4,007$ 3,500$ 37,500$ EQ SUPPLIES & MAINTENANCE Equipment Maintenance 39,357 34,330 35,000 35,000 Building/Facility Supplies 2,548 4,257 10,000 10,000 Inspection & Testing - 500 500 500 Janitorial Services 20,526 15,480 30,000 30,000 Landscape Grounds Materials - 11,081 15,000 10,000 Pest Control 467 596 - - Dairy Knoll Expenses 16,068 50,164 40,000 40,000 Misc. Facility Improvements 2,643 1,131 15,000 40,000 Subtotal:81,609$ 117,539$ 145,500$ 165,500$ UTILITY & COMMUNICATION 102 Energy-PG&E 32,111 30,614 40,000 50,000 Water-MMWD 3,953 4,085 3,500 3,500 Telecommunications 16,696 18,256 17,500 17,500 Cable Communication Services 937 1,136 1,250 1,250 Subtotal:70,892$ 80,931$ 62,250$ 72,250$ Total Supplies & Services:180,691$ 227,964$ 261,750$ 325,750$ CAPITAL OUTLAY EXPENSES CAPITAL EQUIPMENT OUTLAY Town Hall Furniture (Reserve Fund)- 20,000 20,000 40,000 Subtotal -$ 20,000$ 20,000$ 40,000$ Total Capital Outlay Expenses:2,476$ 20,000$ 20,000$ 40,000$ CAPITAL OUTLAY ALLOWANCE Capital Equipment Allowance 5,000 7,500 9,375 9,850 Technology Allowance 5,000 5,500 6,875 15,000 Subtotal:10,000$ 13,000$ 16,250$ 24,850$ TOTAL DEPARTMENT 199,376$ 262,755$ 298,000$ 390,600$ Account Description TOWN HALL FACILITY Page 31 Planning & Design Review Advance Planning Building Inspection The Community Development Department is responsible for managing the planning, development and implementation of the overall community goals in accordance with the General Plan, Zoning Ordinance, Municipal Codes, Building Codes, and Town Council policies. The total proposed appropriation of $1,775,116 for the Community Development Department is primarily funded with resources of the General Fund. Staffing of the Department remains at 8.0 full time equivalent employees; 4.0 in the Planning Division and 4.0 in the Building Division. Planning & Design Review The Planning Division is responsible for managing the physical development of the Town in an orderly manner, in accordance with the General Plan, Zoning Ordinance, Municipal Code, Hillside Design Guidelines, Downtown Design Handbook, and Town Council policies. The Division reviews and issues planning and zoning permits, tree permits, sign permits, and well permits, among others, and performs code enforcement functions for areas under its regulatory purview. Advance Planning The Advance Planning Division is responsible for maintaining a comprehensive up-to-date General Plan, as well as conducting studies and producing long-range plans and documents such as the Climate Action Plan, Open Space Resource Management Plan, Recreation Needs Assessment, McKegney Green Management Policy, Bicycle & Pedestrian Master Plan, and Local Hazard Mitigation Plan. Building Inspection The Building Inspection Division ensures that construction in the Town is compliant with adopted construction codes, in conformance with accepted building practices, and conforms to the Town's adopted policies and ordinances. The Division issues permits, conducts regular permit inspections, performs plan check reviews for construction applications, conducts residential resale inspections, and performs code enforcement functions for areas under its regulatory purview. COMMUNITY DEVELOPMENT Page 32 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed DEPARTMENT FUNDING General Fund 1,189,679 1,341,941 1,572,003 1,684,616 Employee Compensated Leave Reserve - 5,077 - - Capital Equipment Replacement - - 55,000 55,000 Technology Fund 40,356 12,649 62,625 35,500 Long Range Planning Fund 218,546 355,000 355,000 - Total Department Funding 1,448,581$ 1,714,668$ 2,044,628$ 1,775,116$ DIVISION FUNDING Planning & Design Review General Fund 569,056 677,635 887,213 950,393 Employee Compensated Leave - 5,077 - - Capital Equipment Replacement - - 55,000 55,000 Technology Fund 40,356 12,649 62,625 35,500 Total Planning & Design Review 609,413$ 695,362$ 1,004,838$ 1,040,893$ Building Inspection General Fund 620,623 664,306 684,790 734,223 Total Building Inspection 620,623$ 664,306$ 684,790$ 734,223$ Advance Planning Long Range Planning Fund 218,546 355,000 355,000 - Total Advance Planning 218,546$ 355,000$ 355,000$ -$ Total Division Funding 1,448,581$ 1,714,668$ 2,044,628$ 1,775,116$ Community Development DEPARTMENT SUMMARY Page 33 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed EXPENDITURES SALARY & WAGES 786,097$ 856,529$ 881,743$ 925,837$ EMPLOYEE BENEFITS 288,177$ 362,400$ 378,660$ 410,999$ SUPPLIES & SERVICES Department Supplies & Expenses 5,619 9,351 7,300 7,300 Conferences & Memberships 360 5,575 19,200 24,700 Contractual Services 76,838 67,083 135,000 215,000 Equipment Supplies & Maintenance 5,688 631 6,600 5,000 Special Department Administrative 218,546 365,450 405,000 50,000 Total Supplies & Services 307,050$ 448,090$ 573,100$ 302,000$ CAPITAL OUTLAY EXPENSE 40,356$ 12,649$ 117,625$ 90,500$ CAPITAL OUTLAY ALLOWANCE 26,900$ 35,000$ 38,500$ 45,780$ CAPITAL PROJECT EXPENSES -$ -$ -$ -$ DEBT SERVICE EXPENSES -$ -$ -$ -$ TOTAL EXPENDITURES 1,448,581$ 1,714,668$ 1,989,628$ 1,775,116$ SOURCE OF FUNDING General Fund 1,189,679 1,341,941 1,517,003 1,684,616 Employee Compensated Leave Reserve - 5,077 - - Capital Equipmen Outlay - - 55,000 55,000 Captial Technology Outlay 40,356 12,649 62,625 35,500 Long Range Planning Fund 218,546 355,000 355,000 - TOTAL FUNDING 1,448,581$ 1,714,668$ 1,989,628$ 1,775,116$ STAFFING LEVEL Community Development Director 1.00 1.00 1.00 1.00 Planning Manager 1.00 1.00 - - Senior Planner - - 1.00 - Associate Planner - - - 2.00 Assistant Planner - - - - Community Development Aide 1.00 1.00 1.00 - Building Official 1.00 1.00 1.00 1.00 Building Inspector 1.00 1.00 1.00 1.00 Permit Clerk 1.00 1.00 1.00 1.00 Permit Technician 1.00 1.00 1.00 1.00 Planning Technician 1.00 1.00 1.00 1.00 TOTAL STAFFING 8.00 8.00 8.00 8.00 Community Development ALL DIVISIONS OBJECT SUMMARY Page 34 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed EXPENDITURES SALARY & WAGES 387,474$ 473,218$ 489,343$ 503,126$ EMPLOYEE BENEFITS 140,350$ 175,411$ 184,935$ 204,767$ SUPPLIES & SERVICES Department Supplies & Expenses 5,619 7,945 6,300 6,300 Conferences & Memberships 151 1,185 9,700 12,700 Contractual Services 23,304 10,035 115,000 190,000 Equipment Supplies & Maintenance 459 69 600 1,000 Special Department Administrative - - 10,000 10,000 Total Supplies & Services 29,533$ 19,233$ 141,600$ 220,000$ CAPITAL OUTLAY EXPENSE 40,356$ 12,649$ 117,625$ 90,500$ CAPITAL OUTLAY ALLOWANCE 11,700$ 14,850$ 16,335$ 22,500$ CAPITAL PROJECT EXPENSES -$ -$ -$ -$ TOTAL EXPENDITURES 609,413$ 695,362$ 949,838$ 1,040,893$ STAFFING LEVEL Positions 4.00 4.00 4.00 4.00 TOTAL STAFFING 4.00 4.00 4.00 4.00 Community Development PLANNING & DESIGN REVIEW OBJECT SUMMARY Page 35 Community Development 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed SALARY Director of Community Development 159,379 192,991 194,460 202,238 Senior Planner 76,539 123,726 130,781 Associate Planner - - 201,090 Assistant Planner 64,609 82,586 83,785 - Planning Technician 4,980 64,272 69,517 72,298 Community Development Aide 58,412 4,825 - - Planning Intern (PST)- 4,376 9,800 10,000 Overtime 1,132 442 1,000 2,500 Vacation Leave Compensation - - Casual Hire 22,424 - - 15,000 Subtotal:387,474$ 473,218$ 489,343$ 503,126$ EMPLOYEE BENEFITS Medical & Insurance 45,507 51,136 59,287 59,287 Employee Accruing Fringe 9,001 10,394 10,146 10,146 PERS-Employee (7%) PERS-Employer Normal Cost & Survivor Benefit 31,664 39,529 44,372 44,372 PERS-Employer Unfunded Liability Pmt.44,985 59,057 55,859 78,476 PST 3.75% Employer Contribution 0 131 178 178 OPEB - GASB 45/75 Allowance (1%)0 4,139 4,785 - FICA-Medicare 5,339 7,034 7,008 7,008 Auto Allowance 2,354 2,492 1,800 3,800 Cell Phone Allowance 1,500 1,500 1,500 1,500 Subtotal:140,350$ 175,411$ 184,935$ 204,767$ SUPPLIES & SERVICES DEPARTMENT SUPPLIES & EXPENSES Noticing & Publication 5,224 7,799 6,000 6,000 Publications & Subscriptions 219 146 300 300 Subtotal:5,619$ 7,945$ 6,300$ 6,300$ CONFERENCES & MEMBERSHIPS Conferences, Meetings & Travel 151 - 2,500 5,000 Employee Development/Training - 678 5,500 6,000 Memberships - 507 1,700 1,700 Subtotal:151$ 1,185$ 9,700$ 12,700$ CONTRACTUAL SERVICES Contractual Services 23,304 - 25,000 100,000 Minutes Services - 10,035 10,000 10,000 Sustanability Coordinator (Mill Valley Contract)- 80,000 80,000 Subtotal:23,304$ 10,035$ 115,000$ 190,000$ EQ SUPPLIES & MAINTENANCE Fuel & Oil - - Vehicle Maintenance 459 69 600 1,000 Account Description PLANNING & DESIGN REVIEW Page 36 Community Development 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted ProposedAccount Description PLANNING & DESIGN REVIEW Subtotal:459$ 69$ 600$ 1,000$ SPECIAL DEPT. ADMINISTRATIVE Zoning Ordinance Maintenance - - 10,000 10,000 Subtotal:-$ -$ 10,000$ 10,000$ Total Supplies & Services:29,533$ 19,233$ 141,600$ 220,000$ CAPITAL OUTLAY EXPENSES CAPITAL EQUIPMENT OUTLAY Vehicles & Set Up - - 55,000 55,000 Subtotal:-$ -$ 55,000$ 55,000$ CAPITAL TECHNOLOGY OUTLAY Replacement Computers & Monitors (4)68 1,148 3,000 4,000 Misc. Computer Parts 266 - 1,500 1,500 TrakiT Permit Software Annual Fee 13,244 10,977 32,500 30,000 Subtotal:40,356$ 12,649$ 62,625$ 35,500$ Total Capital Outlay Expenses:40,356$ 12,649$ 117,625$ 90,500$ CAPITAL OUTLAY ALLOWANCE Capital Equipment Allowance 4,200 4,850 5,335 7,500 Technology Allowance 7,500 10,000 11,000 15,000 Subtotal:11,700$ 14,850$ 16,335$ 22,500$ TOTAL DEPARTMENT 609,413$ 695,362$ 949,838$ 1,040,893$ Page 37 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed EXPENDITURES SALARY & WAGES 398,624$ 383,311$ 392,400$ 422,711$ EMPLOYEE BENEFITS 147,827$ 186,988$ 193,725$ 206,232$ SUPPLIES & SERVICES Department Supplies & Expenses - 1,406 1,000 1,000 Conferences & Memberships 209 4,391 9,500 12,000 Contractual Services 53,534 57,048 20,000 25,000 Equipment Supplies & Maintenance 5,229 562 6,000 4,000 Special Department Administrative - 10,450 40,000 40,000 Total Supplies & Services 58,972$ 73,856$ 76,500$ 82,000$ CAPITAL OUTLAY EXPENSE -$ -$ -$ -$ CAPITAL OUTLAY ALLOWANCE 15,200$ 20,150$ 22,165$ 23,280$ TOTAL EXPENDITURES 620,623$ 664,306$ 684,790$ 734,223$ STAFFING LEVEL Positions 4.00 4.00 4.00 4.00 TOTAL STAFFING 4.00 4.00 4.00 4.00 OBJECT SUMMARY BUILDING INSPECTION Community Development Page 38 Community Development 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed SALARY Building Official 140,986 135,079 138,384 148,165 Building Inspector 107,331 92,702 97,169 102,036 Building Permit Technician 68,427 80,551 83,862 83,866 Building Permits Clerk 59,933 69,869 71,985 74,144 Overtime 871 33 1,000 2,500 Casual/Temporary Hire 21,076 - - 12,000 Vacation Leave Compensation 5,077 Subtotal:398,624$ 383,311$ 392,400$ 422,711$ EMPLOYEE BENEFITS Medical & Insurance 53,563 77,907 88,367 85,264 Employee Accruing Fringe 14,400 9,969 9,600 9,600 PERS-Employer Normal Cost & Survivor Benefit 29,248 28,378 30,310 26,873 PERS-Unfunded Liability 44,985 61,245 55,859 78,476 OPEB - GASB 45/75 Allowanc 3,926 3,914 - FICA-Medicare 5,631 5,564 5,675 6,019 Subtotal:147,827$ 186,988$ 193,725$ 206,232$ SUPPLIES & SERVICES DEPARTMENT SUPPLIES & EXPENSES Publications & Subscriptions - 1,406 1,000 1,000 Subtotal:-$ 1,406$ 1,000$ 1,000$ CONFERENCES & MEMBERSHIPS Conferences, Meetings & Travel - 2,658 4,500 5,000 Employee Development/Training 209 1,518 4,000 6,000 Memberships - 215 1,000 1,000 Subtotal:209$ 4,391$ 9,500$ 12,000$ CONTRACTUAL SERVICES Contractual Services 29,116 35,751 20,000 25,000 Outside Plan Check 24,418 21,297 Subtotal:53,534$ 57,048$ 20,000$ 25,000$ EQ SUPPLIES & MAINTENANCE Equipment Maintenance 2,124 230 2,500 1,000 Fuel & Oil 2,216 306 2,000 - Vehicle Maintenance 888 26 1,500 3,000 Subtotal:5,229$ 562$ 6,000$ 4,000$ SPECIAL DEPT. ADMINISTRATIVE Records Management-Outside Scanning 10,450 40,000 40,000 Subtotal:-$ 10,450$ 40,000$ 40,000$ Total Supplies & Services:58,972$ 73,856$ 76,500$ 82,000$ Account Description BUILDING INSPECTION Page 39 Community Development 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted ProposedAccount Description BUILDING INSPECTION CAPITAL OUTLAY ALLOWANCE Capital Equipment Allowance 4,200 7,500 8,250 8,665 Technology Allowance 11,000 12,650 13,915 14,615 Subtotal:15,200$ 20,150$ 22,165$ 23,280$ TOTAL DEPARTMENT 620,623$ 664,306$ 684,790$ 734,223$ Page 40 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed EXPENDITURES SALARY & WAGES -$ -$ -$ -$ EMPLOYEE BENEFITS -$ -$ -$ -$ SUPPLIES & SERVICES Equipment Supplies & Maintenance Special Department Administrative 218,546 355,000 355,000 - Total Supplies & Services 218,546$ 355,000$ 355,000$ -$ CAPITAL OUTLAY ALLOWANCE -$ -$ -$ -$ TOTAL EXPENDITURES 218,546$ 355,000$ 355,000$ -$ Community Development OBJECT SUMMARY ADVANCE PLANNING Page 41 Community Development Account Description 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed SALARY Advance Planner Subtotal:-$ SUPPLIES & SERVICES DEPARTMENT SUPPLIES & EXPENSES Noticing & Publication Printing & Reproduction Subtotal:-$ CONTRACTUAL SERVICES Contractual Services Subtotal:-$ SPECIAL DEPT. ADMINISTRATIVE Housing Element Update - General Plan Update 218,546 355,000 355,000 General Plan Update - Misc. Elements Subtotal:218,546$ 355,000$ 355,000$ -$ Total Supplies & Services:218,546$ 355,000$ 355,000$ -$ Subtotal:-$ -$ -$ -$ TOTAL DEPARTMENT 218,546$ 355,000$ 355,000$ -$ ADVANCE PLANNING Page 42 Police Services Police/EOC Facility The Police Department provides law enforcement services for ensuring the safety of and a high quality of life for the community. To that end, the Department strives to enforce all federal, state and local laws without prejudice, preserve the peace and insure that the citizens and merchants that live and work in our community receive the highest level of law enforcement services available. The total proposed appropriation for the Police Department is $4,982,508. Staffing is comprised of 14 sworn personnel, 4 civilian personnel and approximately 2 reserve police officers. The Department also coordinates with other Town departments, government agencies and has developed a partnership with the community in planning and implementing safe school programs, neighborhood and business awareness, safe pedestrian and traffic flow on our streets and emergency preparedness programs. Community oriented policing in Tiburon builds on the understanding that it is the community itself that can best say what it needs from its Police Department and the Police and the community must work together to accomplish jointly set goals through cooperative efforts. While the philosophy of community oriented policing has only recently received an official title, this concept has been in place in the Town of Tiburon since the Department's inception in 1972, and continues to exist to this date. Police Services The Police Services Division includes patrol, administration, support personnel, investigations, training, parking enforcement and crime prevention program. Police/Emergency Operations Center (EOC) Facility The Police/Emergency Operations Center Facility Division serves as the primary Emergency Operation Center for the entire Tiburon Peninsula. All costs related to maintaining the policy facility which also serves as the primary Emergency Operation Center for the entire Tiburon Peninsula. section. Belvedere contributes 12.5% of the funds needed to maintain this function. POLICE Page 43 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed DEPARTMENT FUNDING General Fund 3,362,206 4,326,401 4,797,276 4,807,708 Employee Compensated Leave 58,642 - - - Capital Equipment Replacement - 134,673 225,000 110,000 Technology Fund 34,248 88,030 54,500 64,800 Total Department Funding 3,455,096$ 4,549,105$ 5,076,776$ 4,982,508$ DIVISION FUNDING Police Services General Fund 3,294,835 4,233,382 4,694,476 4,711,868 Employee Compensated Leave 58,642 - - - Capital Equipment Replacement - 134,673 225,000 110,000 Technology Fund 34,248 88,030 54,500 64,800 Total Police Services 3,387,725$ 4,456,086$ 4,973,976$ 4,886,668$ Police Facility General Fund 67,371 93,019 102,800 95,840 Total Facility 67,371$ 93,019$ 102,800$ 95,840$ Total Division Funding 3,455,096$ 4,549,105$ 5,076,776$ 4,982,508$ Police Department DEPARTMENT SUMMARY Page 44 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed EXPENDITURES SALARY & WAGES 1,898,098$ 2,371,513$ 2,533,050$ 2,553,738$ EMPLOYEE BENEFITS 834,106$ 1,082,689$ 1,232,349$ 1,236,999$ SUPPLIES & SERVICES Department Supplies & Expenses 88,406 67,709 63,000 63,000 Conferences & Memberships 16,990 21,606 35,500 57,000 Contractual Services - 95,767 106,250 105,337 Insurances - - - - Intergovernmental & Agency 258,890 312,491 349,727 349,844 Equipment Supplies & Maintenance 159,168 185,826 176,100 183,650 Utility & Communication 69,443 62,543 67,100 60,100 Special Department Administrative 4,505 8,415 52,500 65,000 Allocated Costs - - - - Total Supplies & Services 597,402$ 754,357$ 850,177$ 883,931$ CAPITAL OUTLAY EXPENSE 34,248$ 226,171$ 334,500$ 174,800$ CAPITAL OUTLAY ALLOWANCE 91,000$ 114,375$ 126,700$ 133,040$ CAPITAL PROJECT EXPENSES 242$ -$ -$ -$ DEBT SERVICE EXPENSES -$ -$ -$ -$ TOTAL EXPENDITURES 3,455,096$ 4,549,105$ 5,076,776$ 4,982,508$ SOURCE OF FUNDING General Fund 3,362,206 4,326,401 4,797,276 4,807,708 Employee Compensated Leave 58,642 - - - Capital Equipment Outlay - 134,673 225,000 110,000 Capital Technology Outlay 34,248 88,030 54,500 64,800 TOTAL FUNDING 3,455,096$ 4,549,105$ 5,076,776$ 4,982,508$ STAFFING LEVEL Chief 1.00 1.00 1.00 1.00 Captain - - 1.00 1.00 Sergeant 4.00 4.00 4.00 4.00 Patrol Officers 8.00 8.00 8.00 8.00 Police Officer Trainee - - - - Police Service Aide 3.00 3.00 3.00 3.00 Emergency Services Coordinator 1.00 1.00 1.00 1.00 TOTAL STAFFING 17.00 17.00 18.00 18.00 Police Department OBJECT SUMMARY ALL DIVISIONS Page 45 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed EXPENDITURES SALARY & WAGES 1,898,098$ 2,371,513$ 2,533,050$ 2,553,738$ EMPLOYEE BENEFITS 834,106$ 1,082,689$ 1,232,349$ 1,236,999$ SUPPLIES & SERVICES Department Supplies & Expenses 88,406 67,709 63,000 63,000 Conferences & Memberships 16,990 21,606 35,500 57,000 Contractual Services - 95,767 106,250 105,337 Intergovernmental & Agency 258,890 312,491 349,727 349,844 Equipment Supplies & Maintenance 126,447 138,122 129,500 136,500 Utility & Communication 44,540 35,182 43,100 41,600 Special Department Administrative - 1,678 40,000 55,000 Allocated Costs Total Supplies & Services 535,273$ 672,556$ 767,077$ 808,281$ CAPITAL OUTLAY EXPENSE 34,248$ 222,703$ 324,500$ 164,800$ CAPITAL OUTLAY ALLOWANCE 86,000$ 106,625$ 117,000$ 122,850$ CAPITAL PROJECT EXPENSES -$ -$ -$ -$ DEBT SERVICE EXPENSES TOTAL EXPENDITURES 3,387,725$ 4,456,086$ 4,973,976$ 4,886,668$ STAFFING LEVEL Positions 17.00 17.00 18.00 18.00 TOTAL STAFFING 17.00 17.00 18.00 18.00 Police Department POLICE SERVICES OBJECT SUMMARY Page 46 Police Department 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed SALARY Police Chief 87,635 216,420 219,056 227,210 Captain - 180,674 186,092 180,353 Sergeants (4)428,553 426,789 534,981 564,453 Patrol Officer (8)807,297 863,625 870,813 904,764 Police Officer Trainee 75,000 - Emergency/Admin Services Coordinator 92,912 109,336 103,589 107,727 Police Service Aide (3)219,185 237,544 242,395 271,901 Overtime 92,137 206,513 110,000 110,000 Overtime-Emergency - - - - Overtime-Special Svcs 788 1,989 7,500 7,500 ORT Patrol 12,313 1,786 25,000 25,000 Education Incentive Pay 24,332 28,954 37,380 27,300 Holiday Pay 45,531 58,323 68,804 71,490 Special Pay 3,141 7,604 7,200 9,000 Bilingual Pay - - 5,400 3,600 Longevity Pay 10,035 11,140 11,040 18,240 Shift Differential 15,594 20,816 28,800 25,200 Vacation Leave Compensation 58,642 Sick Leave Compensation Subtotal:1,898,098$ 2,371,513$ 2,533,050$ 2,553,738$ EMPLOYEE BENEFITS Medical & Insurance 207,702 260,088 348,562 327,290 Employee Accruing Fringe 12,341 16,339 14,400 14,400 PERS-Employer Normal Cost & Survivor Benefi 229,658 265,234 319,051 324,125 PERS-Employer Unfunded Liability Pmt.340,297 464,365 446,790 493,130 OPEB - GASB 45/75 Allowance (1%)21,439 25,331 - Retirement Health Savings Account - 18,000 16,800 FICA-Medicare 27,697 30,818 33,578 33,316 Automobile Allowance 2,400 5,539 9,600 9,600 Cell Phone Allowance 250 1,000 3,000 3,000 Medical Allowance 13,761 13,332 12,838 12,838 Tuition Reimbursement - 4,535 1,200 2,500 Subtotal:834,106$ 1,082,689$ 1,232,349$ 1,236,999$ SUPPLIES & SERVICES DEPARTMENT SUPPLIES & EXPENSES Office & Copier Supplies 14,662 11,946 14,000 14,000 Evidence Supplies 2,406 1,521 1,500 1,500 Postage 625 239 1,000 1,000 Printing, Reproduction 4,666 6,351 4,000 4,000 Range & Weapons 4,314 1,722 10,000 15,000 Recruiting & Investigation 44,750 29,625 15,000 10,000 Special Investigation 8,845 7,972 7,500 7,500 DOJ Live Scan 1,676 4,966 3,000 3,000 Publications & Subscriptions 6,462 3,367 7,000 7,000 Evidence - Photo, Film & Video Supplies - Subtotal:88,406$ 67,709$ 63,000$ 63,000$ POLICE SERVICES Account Description Page 47 Police Department 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed POLICE SERVICES Account Description CONFERENCES & MEMBERSHIPS Conferences, Meetings & Travel 2,181 3,937 5,000 10,000 Employee Development 5,754 4,376 15,000 30,000 Memberships 1,926 1,685 1,500 3,000 POST-Reimbursed Training - 8,739 12,000 12,000 POST-Non Reimbursed Training 6,710 2,054 - - Special Meal Allowance (MOU)419 815 2,000 2,000 Subtotal:16,990$ 21,606$ 35,500$ 57,000$ CONTRACTUAL SERVICES Contractual Services-Consultant - 35,122 35,000 35,000 Records Management System (Tech)- 49,057 55,250 55,789 Lexipol Policy Manual Maintenance - 101 4,000 5,400 Systems Support (MDC, CAD Maint)- 11,488 12,000 9,148 Subtotal:-$ 95,767$ 106,250$ 105,337$ INTERGOVERNMENT, AGENCY & JPA Marin County Major Crimes Task Force 11,777 46,063 50,000 45,000 Marin County Dispatch 243,985 263,301 296,600 301,717 Marin County DA-Prandi Center 3,127 3,127 3,127 3,127 Subtotal:258,890$ 312,491$ 349,727$ 349,844$ EQ SUPPLIES & MAINTENANCE Equipment Maintenance 2,114 18,556 3,500 3,500 Fuel & Oil 26,776 29,698 35,000 35,000 Radio Maintenance 1,800 801 2,000 2,000 Safety Equipment 25,085 1,645 20,000 20,000 Uniform Maintenance 4,143 8,618 7,000 7,000 Uniform Purchase/Replacement 27,724 39,036 25,000 25,000 Vehicle Supplies 142 14,042 1,000 1,000 Vehicle Maintenance 24,013 15,950 25,000 25,000 Safety Equipment (MOU)1,471 325 1,000 1,000 License Plate Camera Subscription 13,178 9,451 10,000 17,000 Subtotal:126,447$ 138,122$ 129,500$ 136,500$ UTILITY & COMMUNICATION Telecommunication 26,916 29,545 25,000 25,000 Cable Communication Services 605 688 600 600 MIDAS Internet Connection 17,019 4,950 17,500 16,000 Subtotal:44,540$ 35,182$ 43,100$ 41,600$ SPECIAL DEPT. ADMINISTRATIVE Community Engagement Activities (1) 20,000 20,000 Emergency & Disaster Planning 1,679 20,000 35,000 Subtotal:-$ 1,678$ 40,000$ 55,000$ Total Supplies & Services:535,273$ 672,556$ 767,077$ 808,281$ Page 48 Police Department 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed POLICE SERVICES Account Description CAPITAL OUTLAY EXPENSES CAPITAL EQUIPMENT OUTLAY Vehicles & Setup - Patrol Car 134,673 225,000 100,000 Subtotal:-$ 134,673$ 225,000$ 100,000$ CAPITAL TECHNOLOGY OUTLAY Replacement Computers & Monitors 2,042 4,473 8,000 10,000 Misc. Computer Parts - - 1,500 1,500 Patrol Laptops - - 45,000 - Phone System Upgrade - 15,829 - - License Plate Reader Camera Maintenance 4,500 4,500 7,500 7,500 Axon Annual Contract - Cameras/Tasers 27,706 63,228 37,500 45,800 Subtotal:34,248$ 88,030$ 99,500$ 64,800$ Total Capital Outlay Expenses:34,248$ 222,703$ 324,500$ 164,800$ CAPITAL OUTLAY ALLOWANCE Capital Equipment Allowance 75,000 86,625 95,000 99,750 Technology Allowance 11,000 20,000 22,000 23,100 Subtotal:86,000$ 106,625$ 117,000$ 122,850$ TOTAL DEPARTMENT 3,387,725$ 4,456,086$ 4,973,976$ 4,886,668$ Page 49 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed EXPENDITURES SALARY & WAGES -$ -$ -$ -$ EMPLOYEE BENEFITS -$ -$ -$ -$ SUPPLIES & SERVICES Equipment Supplies & Maintenance 32,721 47,704 46,600 47,150 Utility & Communication 24,903 27,361 24,000 18,500 Special Department Administrative 4,505 6,737 12,500 10,000 Total Supplies & Services 62,129$ 81,802$ 83,100$ 75,650$ CAPITAL OUTLAY EXPENSE -$ 3,467$ 10,000$ 10,000$ CAPITAL OUTLAY ALLOWANCE 5,000$ 7,750$ 9,700$ 10,190$ TOTAL EXPENDITURES 67,371$ 93,019$ 102,800$ 95,840$ STAFFING LEVEL Positions TOTAL STAFFING Police Department OBJECT SUMMARY POLICE FACILITY Page 50 Police Department 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed SUPPLIES & SERVICES EQ SUPPLIES & MAINTENANCE Equipment Maintenance 8,976 24,974 15,000 15,000 Building/Facility Supplies 11,351 5,602 10,000 10,000 Fuel & Oil 479 - 500 500 Inspection & Testing - 468 500 500 Janitorial Services 10,627 15,303 20,000 20,000 Pest Control Service 300 1,307 600 1,150 Subtotal:32,721$ 47,704$ 46,600$ 47,150$ UTILITY & COMMUNICATION Energy-PG&E 23,999 26,436 23,000 17,500 Water-MMWD 903 925 1,000 1,000 Subtotal:24,903$ 27,361$ 24,000$ 18,500$ SPECIAL DEPT. ADMINISTRATIVE Emergency & Disaster Planning 4,505 6,737 12,500 10,000 Subtotal:4,505$ 6,737$ 12,500$ 10,000$ Total Supplies & Services:62,129$ 81,802$ 83,100$ 75,650$ CAPITAL OUTLAY EXPENSES Office Furniture - 3,467 10,000 10,000 Subtotal:-$ 3,467$ 10,000$ 10,000$ CAPITAL OUTLAY ALLOWANCE Capital Equipment Allowance 2,500 5,000 6,250 6,565 Technology Allowance 2,500 2,750 3,450 3,625 Subtotal:5,000$ 7,750$ 9,700$ 10,190$ TOTAL DEPARTMENT 67,371$ 93,019$ 102,800$ 95,840$ POLICE FACILITY Account Description Page 51 Administration & Engineering Streets Maintenance Parks Maintenance Cypress Hollow Corporation Yard Street & Signal Light System The Public Works Department is responsible for the construction, maintenance and oversight of the Town's infrastructure and public facilities, including streets and roads, sidewalks, storm drains, park lands, open space lands, street light and signal light system, and Town easements and rights-of-way. The total proposed appropriation for Public Works is $2,838,492 primarily from the General Fund. The Department operates with 10 FTE employees. Streets Resurfacing and Drainage Improvement projects, as well as some other projects, are authorized in the Capital Improvement Program budget and are not a cost to the Public Works Department budget. Administration & Engineering This division oversees the entire public works operation, providing administrative and engineering oversight for Town's Capital Improvement Program (CIP) projects, processing encroachment permits, and coordinating with Caltrans regarding Tiburon Boulevard traffic operations and modifications. This division is also responsible for identifying, securing and administering grants for capital projects. Street Maintenance This Division is responsible for maintenance of the Town's nearly 15 miles of sidewalk and 32 centerline miles of streets. This division also performs preventive maintenance on the Town's storm drainage system, which includes over 50 miles of curb & gutter, 13 miles of culverts, 18 miles of v-ditches and over 500 catch basins. Parks Maintenance This Division maintains the Town's ten parks (covering nearly 70 acres) as well as the multi-use path and the landscaped medians throughout Town. Cypress Hollow This division provides for maintenance of the lighting, landscape and facilities at the Cypress Hollow park and is paid for through a special tax assessment on the parcels located in Cypress Hollow. Corporation Yard The Corporation Yard is the Town's garage and workshop. It also provides for storage of maintenance equipment/supplies. Street & Signal Light System This division provides for the operational costs for the Town's 300+ street lights; the Town's contribution toward Tiburon Boulevard traffic signal maintenance can be found here. PUBLIC WORKS Page 52 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed DEPARTMENT FUNDING General Fund 2,080,038 2,386,106 2,463,671 2,514,492 Employee Compensated Leave 2,723 6,366 - - Capital Equipment Replacement 24,781 - 160,000 70,000 Technology Fund 11,582 14,066 47,000 47,000 Park Development & ORT 25,055 3,700 40,000 40,000 Disaster Response - - - - Cypress Hollow Fund 21,606 37,000 37,000 37,000 Paula Little Flower Fund 4,732 12,399 10,000 10,000 Measure "A" Parks 68,344 118,122 - - State Gas Tax 5,994 25,062 120,000 120,000 Street Impact Fund 52,837 - - - Total Department Funding 2,297,693$ 2,602,821$ 2,877,671$ 2,838,492$ DIVISION FUNDING Administration & Engineering General Fund 533,511 482,947 456,945 437,509 Employee Compensated Leave - 5,871 - - Capital Equipment Replacement - - - - Technology Fund - - 32,500 32,500 Disaster Response - - - - Measure "A" Parks 68,344 118,122 - - State Gas Tax 5,994 7,067 - - Total Administration & Engineering 607,849$ 614,007$ 489,445$ 470,009$ Streets Maintenance General Fund 710,400 675,983 759,489 760,501 Employee Compensated Leave 2,723 495 - - Capital Equipment Replacement 4,537 - 160,000 70,000 Technology Fund 11,582 14,066 14,500 14,500 State Gas Tax - 17,995 120,000 120,000 Street Impact Fund 52,837 - - - Total Streets Maintenance 782,079$ 708,538$ 1,053,989$ 965,001$ Parks Maintenance General Fund 646,914 974,702 1,037,638 1,091,882 Employee Compensated Leave Capital Equipment Replacement 20,244 - - - Park Development & ORT 25,055 3,700 40,000 40,000 Paula Little Flower Fund 4,732 12,399 10,000 10,000 Total Parks Maintenance 696,946$ 990,801$ 1,087,638$ 1,141,882$ Street & Signal Light Maintenance General Fund 55,557 81,937 68,000 83,000 Total Street & Signal Light Maintenance 55,557$ 81,937$ 68,000$ 83,000$ Cypress Hollow DEPARTMENT SUMMARY Public Works Page 53 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed DEPARTMENT SUMMARY Public Works Cypress Hollow Fund 21,606 37,000 37,000 37,000 Total Cypress Hollow 21,606$ 37,000$ 37,000$ 37,000$ Corporation Yard General Fund 133,656 170,538 141,600 141,600 Total Corporation Yard 133,656$ 170,538$ 141,600$ 141,600$ Total Division Funding 2,297,693$ 2,602,821$ 2,877,671$ 2,838,492$ Page 54 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed EXPENDITURES SALARY & WAGES 884,909$ 899,760$ 978,005$ 996,518$ EMPLOYEE BENEFITS 357,407$ 463,265$ 526,711$ 506,269$ SUPPLIES & SERVICES Department Supplies & Expenses 4,209 5,838 7,800 7,800 Conferences & Memberships 3,193 2,998 19,655 26,655 Contractual Services 142,882 241,385 128,000 213,000 Equipment Supplies & Maintenance 595,769 723,051 668,500 628,500 Utility & Communication 226,629 170,624 235,100 235,100 Special Department Administrative 23,976 1,583 20,000 20,000 Total Supplies & Services 996,658 1,145,479 1,079,055 1,131,055 CAPITAL OUTLAY EXPENSE 16,119 14,066 207,000 117,000 CAPITAL OUTLAY ALLOWANCE 42,600 80,250 86,900 87,650 CAPITAL PROJECT EXPENSES - - - - DEBT SERVICE EXPENSES TOTAL EXPENDITURES 2,297,693$ 2,602,821$ 2,877,671$ 2,838,492$ SOURCE OF FUNDING General Fund 2,080,038 2,386,106 2,463,671 2,514,492 Employee Compensated Leave 2,723 6,366 - - Capital Equipment Replacement 24,781 - 160,000 70,000 Technology Fund 11,582 14,066 47,000 47,000 Park Development & ORT 25,055 3,700 40,000 40,000 Disaster Response - - - - Cypress Hollow Fund 21,606 37,000 37,000 37,000 Paula Little Flower Fund 4,732 12,399 10,000 10,000 Measure "A" Parks 68,344 118,122 - - State Gas Tax 5,994 25,062 120,000 120,000 Street Impact Fund 52,837 - - - TOTAL FUNDING 2,297,693$ 2,602,821$ 2,877,671$ 2,838,492$ STAFFING LEVEL Public Works Director/ Town Engineer 1.00 1.00 1.00 Public Works Engineering Division Manager 1.00 Engineering Technician/Inspector - - - 1.00 Associate Engineer 1.00 1.00 1.00 - Public Works Operations Division Manager - - - 1.00 Superintendent 1.00 1.00 1.00 - Senior Maintenance Worker 2.00 2.00 2.00 2.00 Maintenance Worker 5.00 5.00 5.00 5.00 TOTAL STAFFING 10.00 10.00 10.00 10.00 OBJECT SUMMARY Public Works ALL DIVISIONS Page 55 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed EXPENDITURES SALARY & WAGES 301,087$ 207,549$ 224,772$ 241,392$ EMPLOYEE BENEFITS 100,921$ 95,337$ 111,918$ 110,512$ SUPPLIES & SERVICES Department Supplies & Expenses 39 - 500 500 Conferences & Memberships 1,227 1,467 8,155 8,155 Contractual Services 68,107 115,753 10,000 50,000 Equipment Supplies & Maintenance 109,892 187,900 75,000 - Special Department Administrative 23,976 - 20,000 20,000 Total Supplies & Services 203,241$ 305,121$ 113,655$ 78,655$ CAPITAL OUTLAY EXPENSE -$ -$ 32,500$ 32,500$ CAPITAL OUTLAY ALLOWANCE 2,600$ 6,000$ 6,600$ 6,950$ CAPITAL PROJECT EXPENSES -$ -$ -$ -$ TOTAL EXPENDITURES 607,849$ 614,007$ 489,445$ 470,009$ STAFFING LEVEL Positions 2.00 2.00 2.00 2.00 TOTAL STAFFING 2.00 2.00 2.00 2.00 OBJECT SUMMARY Public Works ADMINISTRATION & ENGINEERING Page 56 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed SALARY Public Works Director/Town Engineer 186,262 - - - Associate Engineer 111,975 6,981 - - Engineering Division Manager 138,276 142,067 153,651 Engineering Technician/Inspector 56,421 82,705 87,741 Project Coordinator - - Vacation Leave Compensation 5,871 Casual Hire 2,850 - Subtotal:301,087$ 207,549$ 224,772$ 241,392$ EMPLOYEE BENEFITS Medical & Insurance 46,405 39,262 47,910 41,632 Employee Accruing Fringe 3,508 4,800 4,800 PERS-Town Normal Cost 23,279 17,778 22,771 18,444 PST - Part time (3.75%)- - - PERS-Unfunded Liability Payment 22,492 29,528 27,930 39,238 OPEB - GASB 45/75 Allowanc 1,402 2,248 - FICA-Medicare 4,119 2,853 3,259 3,398 Auto Allowance 2,400 406 - - Cell Phone Allowance 2,225 600 3,000 3,000 Subtotal:100,921$ 95,337$ 111,918$ 110,512$ SUPPLIES & SERVICES DEPARTMENT SUPPLIES & EXPENSES Computer Supplies Noticing and Publication 39 - 500 500 Publications & Subscriptions - 450 Subtotal:39$ -$ 500$ 500$ CONFERENCES & MEMBERSHIPS Conferences, Meetings & Travel - - 3,900 3,900 Employee Development/Training - 1,018 3,000 3,000 Memberships 1,227 450 1,255 1,255 Subtotal:1,227$ 1,467$ 8,155$ 8,155$ CONTRACTUAL SERVICES Contract - Engineering Services 12,084 995 10,000 50,000 Encroachment Inspections 56,023 112,795 Subtotal:68,107$ 115,753$ 10,000$ 50,000$ EQUIP, SUPPLIES & MAINTENANCE Open Space Management (General Fund)35,554 62,711 75,000 - Open Space Management (Measure A)68,344 118,122 Storm Drain Flushing Slide Repairs - Curb/Sidewalk Improvements (Gas Tax)5,994 7,067 Public Works Account Description ADMINISTRATION & ENGINEERING Page 57 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed Public Works Account Description ADMINISTRATION & ENGINEERING Subtotal:109,892$ 187,900$ 75,000$ -$ SPECIAL DEPT. ADMINISTRATIVE Street Speed Survey 23,976 20,000 20,000 Subtotal:23,976$ -$ 20,000$ 20,000$ Total Supplies & Services:203,241$ 305,121$ 113,655$ 78,655$ CAPITAL OUTLAY EXPENSES CAPITAL EQUIPMENT OUTLAY Vehicles & Setup - - - - Subtotal:-$ -$ -$ -$ CAPITAL TECHNOLOGY OUTLAY Computer & Peripheral 2,500 2,500 Computer Monitor 30,000 - Radio Equipment 30,000 Subtotal:-$ -$ 32,500$ 32,500$ Total Capital Outlay Expenses -$ -$ 32,500$ 32,500$ CAPITAL OUTLAY ALLOWANCE Depreciation Allowance 3,000 3,300 3,475 Technology Allowance 2,600 3,000 3,300 3,475 Total:2,600$ 6,000$ 6,600$ 6,950$ TOTAL DEPARTMENT 607,849$ 614,007$ 489,445$ 470,009$ Page 58 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed EXPENDITURES SALARY & WAGES 410,752$ 364,635$ 399,333$ 427,304$ EMPLOYEE BENEFITS 169,262$ 192,805$ 212,756$ 182,297$ SUPPLIES & SERVICES Department Supplies & Expenses 239$ 200$ 500$ 500$ Conferences & Memberships 1,459$ 1,223$ 6,000$ 9,500$ Contractual Services -$ -$ -$ -$ Equipment Supplies & Maintenance 184,248$ 135,522$ 260,900$ 260,900$ Total Supplies & Services 185,946$ 137,033$ 267,400$ 270,900$ CAPITAL OUTLAY EXPENSE 16,119$ 14,066$ 174,500$ 84,500$ CAPITAL OUTLAY ALLOWANCE -$ -$ -$ -$ CAPITAL PROJECT EXPENSES -$ -$ -$ -$ TOTAL EXPENDITURES 782,079$ 708,538$ 1,053,989$ 965,001$ STAFFING LEVEL Positions 4.00 4.00 4.00 4.00 TOTAL STAFFING 4.00 4.00 4.00 4.00 OBJECT SUMMARY Public Works STREETS MAINTENANCE Page 59 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed SALARY Superintendent of Public Works 127,151 7,726 - - Public Works Division Manager 144,559 157,312 165,176 Maintenance Worker (2) 190,201 110,881 147,085 160,432 Senior Maintenance Worker 83,250 93,485 88,376 92,136 Overtime 2,911 3,029 2,000 5,000 Overtime-Emergency 741 - - - Special Shift Pay 3,774 4,462 4,560 4,560 Vacation Leave Compensation 2,723 495 Subtotal:410,752$ 364,635$ 399,333$ 427,304$ EMPLOYEE BENEFITS Medical & Insurance 61,978 83,648 94,401 60,482 Employee Accruing Fringe 22,885 12,739 14,400 14,400 Retirement Health Savings Account - 3,600 3,600 PERS-Town Normal Cost 31,411 27,505 33,073 19,877 PERS-Unfunded Liability 44,985 59,057 55,859 78,476 OPEB - GASB 45/75 Allowance (1%)3,792 3,928 - FICA-Medicare 6,203 5,465 5,695 3,662 Cell Phone Allowance 600 600 600 600 Tuition Reimbursement 1,200 - 1,200 1,200 Subtotal:169,262$ 192,805$ 212,756$ 182,297$ SUPPLIES & SERVICES DEPARTMENT SUPPLIES & EXPENSES Publications & Subscriptions 239 200 500 500 Subtotal:239$ 200$ 500$ 500$ CONFERENCES & MEMBERSHIPS Conferences, Meetings & Travel 25 300 2,500 3,500 Employee Development/Training 1,434 923 3,500 6,000 Subtotal:1,459$ 1,223$ 6,000$ 9,500$ EQUIP, SUPPLIES & MAINTENANCE Operating Supplies 261 - 500 500 Equipment Maintenance 10,405 12,518 15,000 15,000 Fuel & Oil 28,856 - 17,500 17,500 Pest Control Downtown 1,250 1,282 1,500 1,500 Downtown Cleanup & Restrooms - - - Small Tools 91 3,402 1,000 1,000 Storm Drain & Culvert Maintenance 13,599 36,282 30,000 30,000 Pavement/Sidewalk Maint & Repair (GF)68,537 47,031 60,000 60,000 Pavement/Sidewalk Maint & Repair (Gas Tax)- 60,000 60,000 Street Painting - - Safety Equipment & Apparel 3,050 225 1,500 1,500 Uniform Maintenance Service 708 2,704 4,200 4,200 Uniform Purchase/Replacement 3,692 506 Account Description Public Works STREETS MAINTENANCE Page 60 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted ProposedAccount Description Public Works STREETS MAINTENANCE Vehicle Maintenance - 13,017 8,500 8,500 Safety Equipment (MOU)963 560 1,200 1,200 Contingency (Streets - Street Impact Fund)52,837 - - Contingency (Streets - Gas Tax)17,995 60,000 60,000 Subtotal:184,248$ 135,522$ 260,900$ 260,900$ SPECIAL DEPT. ADMINISTRATIVE Emergency & Disaster Planning 88 Emergency PG&E PSPS - Subtotal:-$ 88$ -$ -$ Total Supplies & Services:185,946$ 137,033$ 267,400$ 270,900$ CAPITAL OUTLAY EXPENSES CAPITAL EQUIPMENT OUTLAY Vehicles & Setup - 160,000 70,000 Video/Camera Equipment 4,537 - - Subtotal:4,537$ -$ 160,000$ 70,000$ CAPITAL TECHNOLOGY OUTLAY Replacement Computers & Monitors (1)95 1,500 2,500 2,500 Misc. Computer Parts 64 500 500 Maintenance Sched. Software - Annual Fee 11,424 12,566 11,500 11,500 Telecommunication Equipment - - - Subtotal:11,582$ 14,066$ 14,500$ 14,500$ Total Capital Outlay Expenses:16,119$ 14,066$ 174,500$ 84,500$ OTHER EQUIPMENT Street Light Pole Replacement 2,395 - - - Subtotal:2,395$ -$ -$ -$ TOTAL DEPARTMENT 784,474$ 708,538$ 1,053,989$ 965,001$ Page 61 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed EXPENDITURES SALARY & WAGES 173,070$ 327,576$ 353,900$ 327,822$ EMPLOYEE BENEFITS 87,225$ 175,124$ 202,038$ 213,460$ SUPPLIES & SERVICES Department Supplies & Expenses - - - - Conferences & Memberships 507 308 5,500 9,000 Contractual Services 67,776 111,632 104,000 149,000 Insurances - - - - Intergovernmental & Agency - - - - Equipment Supplies & Maintenance 200,002 252,746 231,500 251,500 Utility & Communication 168,367 114,915 182,700 182,700 Special Department Administrative - - - - Total Supplies & Services 436,651$ 479,601$ 523,700$ 592,200$ CAPITAL OUTLAY ALLOWANCE -$ 8,500$ 8,000$ 8,400$ CAPITAL PROJECT EXPENSES -$ -$ -$ -$ TOTAL EXPENDITURES 696,946$ 990,801$ 1,087,638$ 1,141,882$ STAFFING LEVEL Positions 3.00 3.00 4.50 4.00 TOTAL STAFFING 3.00 3.00 4.50 4.00 OBJECT SUMMARY Public Works PARKS MAINTENANCE Page 62 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed SALARY Maintenance Worker (3)130,084 215,711 213,024 233,186 Senior Maintenance Worker 20,526 86,194 88,376 92,136 Seasonal Maintenance Worker-PST 21,487 24,880 50,000 - Overtime 867 791 2,500 2,500 Overtime-Emergency 105 - - - Subtotal:173,070$ 327,576$ 353,900$ 327,822$ EMPLOYEE BENEFITS Medical & Insurance 36,648 76,133 95,111 84,996 Employee Accruing Fringe 369 6,277 9,600 9,600 PERS-Employee (7%) Retirement Health Savings Account 4,800 4,800 PERS-Town Normal Cost 13,171 24,033 26,684 28,996 PERS-Unfunded Liability 33,739 61,225 55,859 78,476 PST Employer Contribution (3.75%)795 - 1,875 1,875 OPEB - GASB 45/75 Allowance 2,993 3,014 - FICA-Medicare Tax 2,502 4,463 5,095 4,717 Subtotal:87,225$ 175,124$ 202,038$ 213,460$ SUPPLIES & SERVICES CONFERENCES & MEMBERSHIPS Conferences, Meetings & Travel - 17 1,500 2,500 Employee Development/Training 357 111 3,500 6,000 Memberships 150 180 500 500 Subtotal:507$ 308$ 5,500$ 9,000$ CONTRACTUAL SERVICES Contractual Services (Medians)59,883 95,411 87,500 132,500 Contractual Services (Flower Baskets)4,732 12,399 10,000 10,000 Downtown Fountain Maintenance 3,160 3,822 6,500 6,500 Subtotal:67,776$ 111,632$ 104,000$ 149,000$ EQUIP, SUPPLIES & MAINTENANCE Equipment Maintenance 20,453 21,284 15,000 15,000 Building/Facility Supplies 963 2,888 - - ORT Special Maintenance - - - - Building/Facility Supplies 20,244 Fuel & Oil 1,246 - 17,500 17,500 Fuel & Oil - Other Agencies 11,319 Janitorial Services 10,830 24,849 10,000 25,000 Landscape Grounds & Materials 77,917 124,979 70,000 70,000 McKegney Green Maintenance 12,036 3,467 20,000 20,000 Small Tools & Implements - 5,057 - - Street Materials & Signs 396 2,662 10,000 10,000 Tree Maintenance 5,500 50,890 35,000 40,000 Safety Equipment & Apparel - 57 1,000 1,000 Account Description Public Works PARKS MAINTENANCE Page 63 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted ProposedAccount Description Public Works PARKS MAINTENANCE Uniform Maintenance Service 222 2,704 4,000 4,000 Vehicle Maintenance 129 9,704 9,000 9,000 Contingency (Parks)25,055 3,700 40,000 40,000 Subtotal:200,002$ 252,746$ 231,500$ 251,500$ UTILITY & COMMUNICATION Energy-PG&E 9,345 5,687 10,000 10,000 Water-MMWD 158,560 109,217 172,000 172,000 Telecommunication 461 10 700 700 Subtotal:168,367$ 114,915$ 182,700$ 182,700$ Total Supplies & Services:436,651$ 479,601$ 523,700$ 592,200$ CAPITAL OUTLAY ALLOWANCE Capital Equipment Allowance 5,500 5,500 5,775 Technology Allowance 3,000 2,500 2,625 Subtotal:-$ 8,500$ 8,000$ 8,400$ TOTAL DEPARTMENT 696,946$ 990,801$ 1,087,638$ 1,141,882$ Page 64 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed EXPENDITURES SUPPLIES & SERVICES Department Supplies & Expenses 3,930 5,638 6,800 6,800 Equipment Supplies & Maintenance 55,985 71,209 36,100 36,100 Utility & Communication 33,741 29,195 29,400 29,400 Special Department Administrative - 1,495 - - Total Supplies & Services 93,656$ 107,538$ 72,300$ 72,300$ CAPITAL OUTLAY EXPENSE -$ -$ -$ -$ CAPITAL OUTLAY ALLOWANCE 40,000$ 63,000$ 69,300$ 69,300$ CAPITAL PROJECT EXPENSES -$ -$ -$ -$ TOTAL EXPENDITURES 133,656$ 170,538$ 141,600$ 141,600$ STAFFING LEVEL Positions TOTAL STAFFING OBJECT SUMMARY Public Works CORPORATION YARD Page 65 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed SUPPLIES & SERVICES DEPARTMENT SUPPLIES & EXPENSES Office & Copier Supplies 1,979 3,665 3,600 3,600 Permit/Application Fees 1,951 1,973 3,200 3,200 Subtotal:3,930$ 5,638$ 6,800$ 6,800$ EQUIP, SUPPLIES & MAINTENANCE Operating Supplies 8,635 960 7,500 7,500 Equipment Maintenance 7,668 12,975 5,000 5,000 Building/Facility Supplies 6,127 9,105 5,500 5,500 Equipment Lease 307 Fuel & Oil 14,779 25,778 7,000 7,000 Janitorial Services 2,615 3,913 2,600 2,600 Small Tools/Implements 2,169 2,529 3,000 3,000 Vehicle Maintenance 12,252 3,302 4,000 4,000 Facility - Alteration/Improvements 1,066 9,197 Rental-Equipment & Tools 673 3,144 1,500 1,500 Subtotal:55,985$ 71,209$ 36,100$ 36,100$ UTILITY & COMMUNICATION Energy-PG&E 4,610 4,877 5,000 5,000 Water-MMWD 5,642 1,535 5,000 5,000 Telecommunication 21,226 19,862 16,000 16,000 Cable Communication Services 2,263 2,922 3,400 3,400 Subtotal:33,741$ 29,195$ 29,400$ 29,400$ Total Supplies & Services:93,656$ 107,538$ 72,300$ 72,300$ CAPITAL OUTLAY ALLOWANCE Capital Equipment Allowance 40,000 57,500 63,250 63,250 Technology Allowance - 5,500 6,050 6,050 Subtotal:40,000$ 63,000$ 69,300$ 69,300$ TOTAL DEPARTMENT 133,656$ 170,538$ 141,600$ 141,600$ Account Description Public Works CORPORATION YARD Page 66 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed EXPENDITURES SUPPLIES & SERVICES Equipment Supplies & Maintenance 34,392 55,673 45,000 60,000 Utility & Communication 21,165 23,514 20,000 20,000 Total Supplies & Services 55,557$ 79,187$ 65,000$ 80,000$ CAPITAL OUTLAY EXPENSE -$ -$ -$ -$ CAPITAL OUTLAY ALLOWANCE -$ 2,750$ 3,000$ 3,000$ TOTAL EXPENDITURES 55,557$ 81,937$ 68,000$ 83,000$ STAFFING LEVEL Positions TOTAL STAFFING OBJECT SUMMARY Public Works STREET & SIGNAL LIGHT SYSTEM Page 67 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed SUPPLIES & SERVICES EQUIP SUPPLIES & MAINTENANCE Street/Signal Light Maint. (Cal/TRANS)34,392 55,673 45,000 60,000 Subtotal:34,392$ 55,673$ 45,000$ 60,000$ UTILITY & COMMUNICATION Energy-PG&E 21,165 23,514 20,000 20,000 Subtotal:21,165$ 23,514$ 20,000$ 20,000$ Total Supplies & Services:55,557$ 79,187$ 65,000$ 80,000$ CAPITAL OUTLAY ALLOWANCE Capital Equipment Allowance 2,750 3,000 3,000 Technology Allowance - - - Subtotal:-$ 2,750$ 3,000$ 3,000$ TOTAL DEPARTMENT 55,557$ 81,937$ 68,000$ 83,000$ Account Description Public Works STREET & SIGNAL LIGHT SYSTEM Page 68 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed EXPENDITURES SUPPLIES & SERVICES Department Supplies & Expenses Conferences & Memberships Contractual Services 7,000 14,000 14,000 14,000 Equipment Supplies & Maintenance 11,251 20,000 20,000 20,000 Utility & Communication 3,356 3,000 3,000 3,000 Total Supplies & Services 21,606$ 37,000$ 37,000$ 37,000$ TOTAL EXPENDITURES 21,606$ 37,000$ 37,000$ 37,000$ STAFFING LEVEL Positions TOTAL STAFFING Public Works CYPRESS HOLLOW SPECIAL DISTRICT OBJECT SUMMARY Page 69 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed SUPPLIES & SERVICES CONTRACTUAL SERVICES Contractual Services (Cost Recovery)7,000 14,000 14,000 14,000 Subtotal:7,000$ 14,000$ 14,000$ 14,000$ EQUIP SUPPLIES & MAINTENANCE Landscape Grounds & Materials 1,271 5,000 5,000 5,000 Tree Maintenance 9,980 15,000 15,000 15,000 Subtotal:11,251$ 20,000$ 20,000$ 20,000$ UTILITY & COMMUNICATION Water-MMWD 3,356 3,000 3,000 3,000 Subtotal:3,356$ 3,000$ 3,000$ 3,000$ Total Supplies & Services:21,606$ 37,000$ 37,000$ 37,000$ TOTAL DEPARTMENT 21,606$ 37,000$ 37,000$ 37,000$ Public Works Account Description CYPRESS HOLLOW SPECIAL DISTRICT Page 70 Insurances and Joint Power Authorities Low-Moderate Income Housing Town Owned Housing Belvedere-Tiburon Library Agency The non-departmental section of the budget entails those projects and costs that are not part of the regular operations of any specific department. Total appropriations for this section are $3,692,985, the majority of which is related to the pass through funding to the Belvedere-Tiburon Library Agency. Insurances and Joint Power Authorities This section includes the appropriations for liability, workers' compensation, and property insurance premiums, which are then allocated out to the various operating departments based on risk analysis. The Town is self- insured for the first $150,000 for each workers' compensation claim and $50,000 for each liability claim. After the deductible is reached the Town is insured for $5 million per occurrence for liability and $2 million for workers' compensation. The Town voluntarily participates in several Joint Power Authorities which provide specialized services that the Town would not be able to provide on its own. The JPAs provide an economy of scale to the Town and to the participating members of each JPA. These services include animal control, cable telecommunications, mediation, LAFCO, MERA and storm water run-off services to name a few. Town Owned Housing The Town currently owns eight below market rate (BMR) condominium units at the Point Tiburon Marsh complex. Proceeds of the rent income and investment earnings support the general maintenance, tax, and homeowners' association costs of operating the units. Low-Moderate Income Housing This section provides for appropriations connected with the Marin Renter's Rebate program and the Marin Housing Authority JPA. This restricted fund receives funding through in-lieu fees paid by developers. Belvedere-Tiburon Library Agency This section provides for a pass though of property taxes the Town receives on behalf of the Belvedere-Tiburon Library Agency. NON-DEPARTMENTAL Page 71 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed DEPARTMENT FUNDING General Fund 1,164,416 1,710,598 1,484,272 1,505,522 Infrastructure & Facility Replacement - 150,000 - - Low/Moderate Housing Fund 23,548 11,249 11,244 11,469 Town Owned Housing 96,108 63,246 111,799 137,199 Self Insurance Reserve 21,346 15,348 25,000 25,000 Belvedere/Tiburon Library Agency 2,004,791 2,198,764 2,003,094 2,133,295 Total Department Funding 3,310,209$ 4,149,205$ 3,635,409$ 3,812,485$ COMBINING SUMMARY TOTALS NON-DEPARTMENTAL Page 72 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed EXPENDITURES SALARY & WAGES -$ -$ -$ -$ EMPLOYEE BENEFITS 196,952$ 190,495$ 195,000$ 170,500$ SUPPLIES & SERVICES -$ -$ -$ -$ Department Supplies & Expenses 9,416 7,119 9,699 9,699 Conferences & Memberships - - - - Contractual Services 22,162 32,658 30,715 47,615 Insurances 367,163 490,591 585,943 675,443 Intergovernmental & Agency 2,637,425 3,372,214 2,721,552 2,806,728 Equipment Supplies & Maintenance 63,949 56,128 65,000 75,000 Utility & Communication - - - - Special Department Administrative - - - - Allocated Costs - - - - Total Supplies & Services 3,100,114$ 3,958,710$ 3,412,909$ 3,614,485$ CAPITAL OUTLAY EXPENSE -$ -$ -$ -$ CAPITAL OUTLAY ALLOWANCE -$ -$ -$ -$ CAPITAL PROJECT EXPENSES 13,143$ -$ 27,500$ 27,500$ DEBT SERVICE EXPENSES -$ -$ -$ -$ TOTAL EXPENDITURES 3,310,209$ 4,149,205$ 3,635,409$ 3,812,485$ SOURCE OF FUNDING General Fund 1,164,416 1,710,598 1,484,272 1,505,522 Infrastructure & Facility Replacement - 150,000 - - Low/Moderate Housing Fund 23,548 11,249 11,244 11,469 Town Owned Housing 96,108 63,246 111,799 137,199 Self Insurance Reserve 21,346 15,348 25,000 25,000 Peninsula Library JPA Fund 2,004,791 2,198,764 2,003,094 2,133,295 TOTAL FUNDING 3,310,209$ 4,149,205$ 3,635,409$ 3,812,485$ OBJECT SUMMARY ALL DIVISIONS Non-Departmental Page 73 Non-Departmental 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed EXPENDITURES SALARY & WAGES EMPLOYEE BENEFITS 196,952$ 190,495$ 195,000$ 170,500$ SUPPLIES & SERVICES Department Supplies & Expenses Conferences & Memberships - - - - Contractual Services 12,562 32,658 21,115 22,615 Insurances 367,163 490,591 585,943 675,443 Intergovernmental & Agency 609,086 1,162,202 707,214 661,964 Total Supplies & Services 988,810$ 1,685,451$ 1,314,272$ 1,360,022$ TOTAL EXPENDITURES 1,185,762$ 1,875,946$ 1,509,272$ 1,530,522$ STAFFING LEVEL Positions - - - - TOTAL STAFFING - - - - OBJECT SUMMARY INSURANCES AND INTER-GOVERNMENTAL AGREEMENTS Page 74 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed EMPLOYEE BENEFITS Retiree Health Benefits 190,535 190,495 192,500 168,000 PERS AAUL Extra Payment - 0 0 Unemployment Insurance (EDD)6,417 - 2,500 2,500 Subtotal:196,952$ 190,495$ 195,000$ 170,500$ CONTRACTUAL SERVICES Contractual Services $250 Health Benefit Plan Administration 1,748$ $2,630 5,115 5,115 Downtown Restroom Lease 10,814$ $29,778 16,000 17,500 Subtotal:12,562$ 32,658$ 21,115$ 22,615$ INSURANCE Liability Premium (PLAN JPA)134,505 239,493 268,500 350,000 Workers Compensation Premium (Bay Cities JPIA)172,642 173,462 225,000 215,000 Worker's Compensation SIR 21,346 15,348 25,000 25,000 Property Premium (PLAN JPA)18,414 38,605 42,000 60,000 Public Officials EO (PLAN JPA)- - 1,000 1,000 Employment Practices Liability (ERMA/Bay Cities)20,255 23,683 24,443 24,443 Subtotal:367,163$ 490,591$ 585,943$ 675,443$ INTERGOVERNMENT, AGENCY & JPA Animal Control JPA (MGSA)129,508 105,284 108,000 110,000 Cable Telecom JPA-Media Center Chamber of Commerce TOT 5% 11,478 28,771 40,000 41,250 Destination:Tiburon TOT 5%15,887 28,771 40,000 41,250 Transportation Authority of Marin JPA 17,306 19,094 19,675 19,675 MERA Radio Acquisition JPA (Bond)44,304 - 6,000 6,000 MERA Radio Acquisition JPA (Operating)47,225 60,943 56,074 56,074 Emergency Management Planning JPA 965 - 965 965 Hazardous Materials JPA 2,805 2,945 3,250 3,250 Marin Mediation Services (MGSA)- 3,411 3,500 4,000 Richardson Bay Regional Agency JPA 88,333 160,329 175,000 180,250 Stormwater Runoff (MCSTOPP) JPA 28,430 32,559 32,500 32,500 Street Light Acquisition Dues (MGSA)- 500 500 500 MCCMC Lobbyist & Legislative Support - 4,014 4,250 4,250 LAFCO 5,819 5,579 5,900 5,900 Marin Map (MGSA)- - 9,000 9,000 Marin General Services Authority (General)- 17,588 5,000 4,500 Marin Clean Energy JPA (MGSA)- 5,068 5,100 5,100 Cal Fire Contract (Angel Island)26,882 29,119 32,500 32,500 Yellow School Bus Contribution 144 146,261 145,000 95,000 Contributions/Donations (Welcome Center)20,000 20,000 - - Contributions/Donations (Ranch)20,000 - - - Contributions/Donations 150,000 7,000 15,000 10,000 Subtotal:609,086$ 1,162,202$ 707,214$ 661,964$ TOTAL DEPARTMENT 1,185,762$ 1,875,946$ 1,509,272$ 1,530,522$ Non-Departmental INSURANCES AND INTERGOVERNMENTAL AGREEMENTS Account Description Page 75 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed EXPENDITURES SALARY & WAGES EMPLOYEE BENEFITS SUPPLIES & SERVICES Department Supplies & Expenses - - - - Conferences & Memberships Contractual Services - - - - Insurances Intergovernmental & Agency 23,548 11,249 11,244 11,469 Equipment Supplies & Maintenance - - - - Total Supplies & Services 23,548$ 11,249$ 11,244$ 11,469$ CAPITAL OUTLAY ALLOWANCE CAPITAL PROJECT EXPENSES -$ -$ -$ -$ TOTAL EXPENDITURES 23,548$ 11,249$ 11,244$ 11,469$ STAFFING LEVEL - None OBJECT SUMMARY Non-Departmental LOW & MODERATE INCOME HOUSING Page 76 2020/21 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed SUPPLIES & SERVICES INTERGOVERNMENT, AGENCY & JPA Marin Housing Authority JPA 11,024 11,249 11,244 11,469 Subtotal:23,548$ 11,249$ 11,244$ 11,469$ Total Supplies & Services:23,548$ 11,249$ 11,244$ 11,469$ TOTAL DEPARTMENT 23,548$ 11,249$ 11,244$ 11,469$ Account Description Non-Departmental LOW & MODERATE INCOME HOUSING Page 77 Non-Departmental Town-Owned Housing Fund 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed EXPENDITURES SALARY & WAGES EMPLOYEE BENEFITS SUPPLIES & SERVICES Department Supplies & Expenses 9,416 7,119 9,699 9,699 Contractual Services 9,600 - 9,600 25,000 Equipment Supplies & Maintenance 63,949 56,128 65,000 75,000 Total Supplies & Services 82,965$ 63,246$ 84,299$ 109,699$ CAPITAL OUTLAY EXPENSE -$ -$ -$ -$ CAPITAL OUTLAY ALLOWANCE -$ -$ -$ -$ CAPITAL PROJECT EXPENSES 13,143$ -$ 27,500$ 27,500$ TOTAL EXPENDITURES 96,108$ 63,246$ 111,799$ 137,199$ STAFFING LEVEL None - - - - TOTAL STAFFING - - - - OBJECT SUMMARY TOWN OWNED HOUSING Page 78 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed SUPPLIES & SERVICES DEPARTMENT SUPPLIES & EXPENSES Property Tax Payments 9,416 7,119 9,699 9,699 Subtotal:9,416$ 7,119$ 9,699$ 9,699$ CONTRACTUAL SERVICES Contractual services (Cost Recovery)9,600 - 9,600 25,000 Subtotal:9,600$ -$ 9,600$ 25,000$ EQ SUPPLIES & MAINTENANCE Property Management (HOA)63,949 56,128 65,000 75,000 Subtotal:63,949$ 56,128$ 65,000$ 75,000$ Total Supplies & Services:82,965$ 63,246$ 84,299$ 109,699$ CAPITAL EXPENSES PROPERTY ACQUISITION Purchase Real Property Facility Alteration/Improvement 13,143 7,500 7,500 Unit 2 - 2,500 2,500 Unit 3 - 2,500 2,500 Unit 4 - 2,500 2,500 Unit 6 - 2,500 2,500 Unit 7 - 2,500 2,500 Unit 11 - 2,500 2,500 Unit 14 - 2,500 2,500 Unit 18 - 2,500 2,500 Subtotal:13,143$ -$ 27,500$ 27,500$ TOTAL DEPARTMENT 96,108$ 63,246$ 111,799$ 137,199$ Account Description Non-Departmental TOWN OWNED HOUSING Page 79 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed EXPENDITURES SALARY & WAGES EMPLOYEE BENEFITS SUPPLIES & SERVICES Department Supplies & Expenses Conferences & Memberships Contractual Services Insurances Intergovernmental & Agency 2,004,791 2,198,764 2,003,094 2,133,295 Total Supplies & Services 2,004,791$ 2,198,764$ 2,003,094$ 2,133,295$ TOTAL EXPENDITURES 2,004,791$ 2,198,764$ 2,003,094$ 2,133,295$ OBJECT SUMMARY Non-Departmental BELVEDERE-TIBURON LIBRARY AGENCY Page 80 2021/22 2022/23 2023/24 2024/25 Actual Actual Adopted Proposed SUPPLIES & SERVICES INTERGOVERNMENT, AGENCY & JPA Payment to Library Agency (Property Tax proceeds)2,004,791 2,198,764 2,003,094 2,133,295 Subtotal:2,004,791$ 2,198,764$ 2,003,094$ 2,133,295$ Total Supplies & Services:2,004,791$ 2,198,764$ 2,003,094$ 2,133,295$ TOTAL DEPARTMENT 2,004,791$ 2,198,764$ 2,003,094$ 2,133,295$ Account Description Non-Departmental BELVEDERE-TIBURON LIBRARY AGENCY Page 81 Planned Capital Outlay Purchases Planned Technology Outlay Purchases Depreciation Allowance Schedule Capital outlay expenses are broken into two categories, Capital Equipment and Technology Outlay. The total combined expenditures for Capital Equipment replacement is $275,000 and Technology Outlay is $224,900. Funding for these purchases comes from two reserve funds which are supplemented annually by a depreciation allowance charged to each department. As the purchases made routinely exceed depreciation allowance collected, the reserve funds are peroidically supplemented through general fund transfers. Typical purchases from the Capital Equipment Fund include replacement vehicles and equipment. Purchases from the Technology Replacement Fund include computers, peripherals, network equipment, software licenses, and other Information Technology related equipment. CAPITAL OUTLAY & ALLOWANCE Page 82 CAPITAL OUTLAY Planned Capital Equipment Outlay Purchases DEPARTMENT & ITEM DESCRIPTION AMOUNT TOWN ADMINISTRATIONTown Hall Furniture (Reserve Fund) 40,000 Total Town Administration $ 40,000 COMMUNITY DEVELOPMENT Vehicles & Set Up 55,000 Total Community Development $ 55,000 POLICE Vehicles & Setup - Patrol Car 100,000 Office Furniture 10,000 Total Police $ 110,000 PUBLIC WORKS Vehicles & Setup 70,000 Video/Camera Equipment - Total Public Works $ 70,000 Total Planned Capital Outlay Purchases: $ 275,000 Fiscal Year 2024-25 Page 83 CAPITAL OUTLAY Planned Technology Outlay Purchases DEPARTMENT & ITEM DESCRIPTION AMOUNT TOWN ADMINISTRATION Replacement Computers & Monitors (4)6,000 Misc. Computer Parts 2,500 Software & Licenses 35,000 Copier Maintenance 4,000 LaserFische Ann. Maint.5,100 Incode 10 Annual Maintenance 25,000 Total Town Administration $ 77,600 COMMUNITY DEVELOPMENT Replacement Computers & Monitors (4)4,000 Misc. Computer Parts 1,500 TrakiT Permit Software Annual Fee 30,000 Total Community Development $ 35,500 POLICE Replacement Computers & Monitors 10,000 Misc. Computer Parts 1,500 License Plate Reader Camera Maintenance 7,500 Axon Annual Contract - Cameras/Tasers 45,800 Total Police $ 64,800 PUBLIC WORKS Replacement Computers & Monitors (1)5,000 Misc. Computer Parts 500 Maintenance Sched. Software - Annual Fee 11,500 Telecommunication Equipment 30,000 Total Public Works $ 47,000 Total Planned Technology Outlay Purchases: $ 224,900 Fiscal Year 2024-25 Page 84 Capital Improvement Program Plan Fiscal Year 2024/25 Capital Improvement Project Summary Project 2024-25 Bicycle & Pedestrian Improvements Program Bicycle & Pedestrian Improvements Projects 50,000$ Fire Road Maintenance 100,000$ Open Space Management Vegetation Management Construction Projects 160,000$ Pavement Maintenance & Rehabilitation Program 2024 Various Streets Pavement Maintenance Digout and Slurry Seal Project Construction 1,200,000$ Pavement Maintenance & Rehabilitation Project Design 200,000$ 2024 Storm Drain Rehabilitation Open Cut Project Construction 600,000$ Storm Drain Maintenance & Rehabilitation Project Design 75,000$ Storm Drain Trash Capture Device Installation Design 60,000$ Accessibility Evaluation & Improvements 60,000$ Brick Crosswalk Rehabilitation 150,000$ Broadband Fiber Network Infrastructure Design 100,000$ Corporation Yard Rehabilitation Design 120,000$ Main Street Seawall Repairs 100,000$ Old Rail Trail Retaining Wall Replacement 60,000$ Parks Master Plan 70,000$ Police Department Women's Locker Room Remodel 150,000$ Police Department Flooring Replacement 30,000$ Police Department Solar Array Waterproofing 25,000$ RBSD Pond Site Restoration 250,000$ Tiburon Boulevard Traffic Study 300,000$ Town Hall Facility Exterior Repairs 60,000$ Town Hall Facility EV Charging Stations (Fleet), Pedestrian, and Drainage Upgrades 100,000$ Town Hall Facility EV Charging Stations Construction (Public)200,000$ Town Hall & Library Facility Wayfinding Signage 25,000$ Total 4,245,000$ Rev. 5.16.2024 Open Space Management Program Storm Drain Maintenance & Rehabilitation Program Capital Improvement Projects Page 85 Capital Improvement Program Plan Fiscal Year 2024/25 CAPITAL PROJECTS FUNDING - ALL CATEGORIES Planned Capital Projects FundingFundSource of Funds Amount290State Gas Tax (HUTA)100,000$ 296 RMRA (SB1)225,622$ 292 County Measure "A" Transportation Sales Tax 271,408$ 111 GF PW Corp Yard Improvement 120,000$ 182 GF RBSD Pond Fund 250,000$ 185 GF Park Development & ORT 245,000$ 191 GF Streets & Drainage 1,185,000$ 194 GF Infrastructure and Facility Replacement 650,000$ 390 Tiburon Street Impact Fund 952,970$ 211 ARP: U.S. Treasury SLFRF 70,000$ 260 County Measure A Parks 75,000$ 272 CPUC Lata Grant 100,000$ Total Funding All Sources:4,245,000$ Streets 1,700,000 Drainage 735,000 Community 1,810,000 Total CIP funds 4,245,000 Capital Projects Funding Plan for 2024/25 $4,245,000 State Gas Tax (HUTA) RMRA (SB1) County Measure "A" Transportation Sales Tax GF PW Corp Yard Improvement GF RBSD Pond Fund GF Park Development & ORT GF Streets & Drainage GF Infrastructure and FacilityReplacement Tiburon Street Impact Fund ARP: U.S. Treasury SLFRF County Measure A Parks CPUC Lata Grant Page 86 Capital Improvement Program Plan Fiscal Year 2024/25 Street Improvement Projects Project Project Notes Status Proposed Funding Source AMOUNT Streets Resurfacing & Improvement Bicycle & Pedestrian Improvements Various Improvements Annual Program County Measure A Transportation $50,000 Brick Crosswalk Rehabilitation Construction New General Fund - Streets & Drainage $150,000 Main Street Seawall Maintenance (Intersection of Beach Rd)Design New Gas Tax $100,000 Pavement Maintenance & Rehabilitation Various Improvements Annual Program RMRA (SB1)$225,622 Pavement Maintenance & Rehabilitation Various Improvements Annual Program County Measure A Transportation $221,408 Pavement Maintenance & Rehabilitation Various Improvements Annual Program Street Impact Mitigation $952,970 Total Proposed Streets Projects 1,700,000$ Page 87 Capital Improvement Program Plan Fiscal Year 2024/25 Overview of Streets Project Funding Planned Streets Projects Funding Fund Source of Funds Amount 191 General Fund - Streets & Drainage 150,000$ 290 Gas Tax 100,000$ 292 County Measure A Transportation 271,408$ 296 RMRA (SB1)225,622$ 390 Street Impact Mitigation Fund 952,970$ Total Funding 1,700,000$ Projects Funding Plan for 2024/25 $1,700,000 General Fund - Streets & Drainage Gas Tax County Measure A Transportation RMRA (SB1) Street Impact Mitigation Fund Page 88 Capital Improvement Program Plan Fiscal Year 2024/25 Drainage Improvement Projects Project Project Notes Status Proposed Funding Source AMOUNT Storm Drain Maintenance & Rehabilitation 2024 Storm Drain Rehabilitation Open Cut Project Construction Annual Program GF Streets & Drainage 600,000 Storm Drain Maintenance & Rehabilitation Storm Drain Maintenance & Rehabilitation Project Design Annual Program GF Streets & Drainage 75,000 Storm Drain Maintenance & Rehabilitation Storm Drain Trash Capture Device Installation Design Annual Program GF Streets & Drainage 60,000 Total Proposed Drainage Projects 735,000$ Page 89 Capital Improvement Program Plan Fiscal Year 2024/25 Overview of Drainage Project Funding Planned Drainage Project Funding Fund Source of Funds Amount 191 General Fund Streets & Drainage 735,000$ Total Funding 735,000$ Projects Funding Plan for 2024/25 $735,000 General Fund Streets & Drainage Page 90 Capital Improvement Program Plan Fiscal Year 2024/25 Community & Miscellaneous Projects Project Project Notes Status Proposed Funding Source AMOUNT Buildings & Facilities Accessibility Evaluation & Improvements Design New GF Infrastructure & Facility Replacement 60,000 Corporation Yard Rehabilitation Design Design New PW Corp Yard Improvement Fund 120,000 Police Department Women's Locker Room Remodel Construction Carryover GF Infrastructure & Facility Replacement 150,000 Police Department Flooring Replacement Construction Carryover GF Infrastructure & Facility Replacement 30,000 Police Department Solar Array Waterproofing Construction New GF Infrastructure & Facility Replacement 25,000 Town Hall Facility Exterior Repairs Construction New GF Infrastructure & Facility Replacement 60,000 Town Hall Facility EV Charging Stations (Fleet), Pedestrian, and Drainage Upgrades Design & Construction New GF Infrastructure & Facility Replacement 100,000 Town Hall Facility EV Charging Stations (Public)Design & Construction New GF Infrastructure & Facility Replacement 200,000 Town Hall & Library Facility Wayfinding Signage Construction New GF Infrastructure & Facility Replacement 25,000 Park Facilities Fire Road Maintenance Construction Annual Program Park Development & ORT 100,000 Old Rail Trail Retaining Wall Replacement Construction Annual Program Park Development & ORT 60,000 Open Space Vegetation Management Construction Projects Construction Annual Program County Measure A (Parks)75,000 Open Space Vegetation Management Construction Projects Construction Annual Program Park Development & ORT 85,000 Parks Master Plan Design Carryover ARP: U.S. Treasury SLFRF 70,000 RBSD Pond Site Restoration Construction Carryover RBSD Pond Fund 250,000 Miscellaneous Broadband Fiber Network Infrastructure Design Design Carryover CPUC Lata Grant 100,000 Tiburon Boulevard Traffic Study Analysis New GF Streets & Drainage 300,000 Total Proposed Community & Miscellaneous Projects 1,810,000$ Page 91 Capital Improvement Program Plan Fiscal Year 2024/25 Overview of Community Project Funding Planned Community Development Project Funding Fund Source of Funds Amount 111 PW Corp Yard Improvement Fund 120,000$ 182 RBSD Pond Fund 250,000$ 185 Park Development & ORT 245,000$ 191 GF Streets & Drainage 300,000$ 194 GF Infrastructure & Facility Replacement 650,000$ 211 ARP: U.S. Treasury SLFRF 70,000$ 260 County Measure A (Parks)75,000$ 272 CPUC Lata Grant 100,000$ Total Funding 1,810,000$ Projects Funding Plan for FY 2024/25 $1,810,000 PW Corp Yard Improvement Fund RBSD Pond Fund Park Development & ORT GF Streets & Drainage GF Infrastructure & Facility Replacement ARP: U.S. Treasury SLFRF County Measure A (Parks) Page 92 Program:DEBT SERVICE PROGRAM Schedules:Bond Issue Information Principal, Interest & Fiscal Fees Commentary:The Town's Debt Service Program is comprised of a consolidated municipal bond associated with the financing of public improvements in specific neighborhood, subdivision or development areas. Such issues have generally included 1915 Act, Mello-Roos Community Facilities Act, and Marks-Roos Local Bond Pooling Act bonds. Page 117 Debt Service Program Fiscal Year 2024/25 Principal, Interest & Fees Bond Issue Principal Interest Administration Fees TOTAL 2016 Consolidated Reassessment District Refunding Bonds1 345,524 275,477 - 621,000 TPFA 2016 Refunding Revenue Bonds1 395,000 229,381 - 624,380 Virginia Underground District, Series A 35,000 5,100 - 40,100 Virginia Underground District, Series B - 41,863 - 41,863 Hawthorne Undergrounding District 190,000 162,263 352,263 Total Debt Service: $ 965,524 $ 714,084 $ - $ 1,679,605 Bond Issue Information 2016 Consolidated Reassessment District Refunding Bonds & TPFA 2016 Refunding Revenue Bonds- Dated August 25, 2016. Amount $9,889,321 with an interest range of .75% to 3.5%. Term 2016 to 2040. The bond was issued to refinance several assessment bonds to reduce payments to property owners. The refinanced bonds include the Del Mar Valley Undergrounding Assessement District, 2010 Del Mar Valley Supplemental Assessment District, Lyford Cove Undergrounding Assessment District, Main Street Assessment District, and Stewart Drive Undergrounding Assessment District. 1. Assessments on properties within the 2016 Consilidated Reassessment District are based upon the annual debt service due on the 2016 Consolidated Reassessment District Refunding Bonds. Those assessments are then funneled up to pay the annual debt service on the TPFA 2016 Refunding Revenue Bonds. Page 118 EXHIBIT 2 Page 1 of 3 Town Council Resolution No. XX-2024 DRAFT June 19, 2024 DRAFT RESOLUTION NO. XX-2024 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING A MUNICIPAL BUDGET PLAN FOR THE TOWN OF TIBURON FOR THE FISCAL YEAR ENDING JUNE 30, 2025 WHEREAS, the Town Council conducted a Public Hearing concerning the proposed Municipal Budget Plan for Fiscal Year 2024-2025 at its regularly scheduled meeting on Wednesday, June 5, 2024; and WHEREAS, the Town Council now finds that the proposed Municipal Budget Plan, as estimated, provides for all appropriate municipal purposes and services with current fund(s) and resources and estimated revenues for Fiscal Year 2024-2025; and NOW, THEREFORE, BE IT RESOLVED; that the proposed Municipal Budget Plan appropriates revenues and other sources of funds for expenditures associated with operations, capital outlays, and debt service, in the following amounts: Section 1. Operating Budget Program - The proposed Plan has sufficient resources to finance the planned expenditures: Revenues and Funding Sources $16,710,974 Expenditures (16,690,887) Total Operating Net: $20,087 Section 1a. Operating Revenue Appropriation – Estimated Revenues and Sources of Funds for fiscal year 2024: GENERAL FUND AMOUNT Property Taxes 7,822,018 Other Taxes 2,055,000 Franchise Fees 960,000 Fines & Forfeitures 88,250 Investment Earnings 475,000 Intergovernmental & Agency 303,443 Licenses & Permits 1,304,250 Charges for Services 648,150 Other Revenues 31,000 Subtotal General Fund Revenues $13,697,111 OTHER FUNDING SOURCES Self-Insurance Reserve 25,000 Capital Equipment Replacement 275,000 Page 2 of 3 Town Council Resolution No. XX-2024 DRAFT June 19, 2024 Technology Fund 224,900 Park Development and ORT Fund 40,000 Cypress Hollow Fund 37,000 Paula Little Flower Fund 10,000 State Gas Tax 120,000 Town Owned Housing Fund 137,199 Low/Moderate Income Housing Fund 11,469 Peninsula Library Agency 2,133,295 Sub Total Other Funding Sources 3,013,863 Total Revenues & Sources $16,710,974 Section 1b. Operating Expenditures Appropriation – Planned Department expenditures for fiscal year 2024: ADMINISTRATION AMOUNT Town Administration 2,158,701 Town Attorney 551,735 Legislative 181,250 Town Hall Building 390,600 COMMUNITY DEVELOPMENT Planning & Design Review 1,040,893 Building Inspection 734,223 Advanced Planning 0 POLICE Police Department 4,886,668 Police Building 95,840 PUBLIC WORKS Administration 470,009 Streets Maintenance 965,001 Parks Maintenance 1,141,882 Street & Signal Light Maintenance 83,000 Corporation Yard 141,600 Cypress Hollow 37,000 NON-DEPARTMENTAL Insurances & JPAs 1,505,522 Self Insurance 25,000 Low-Moderate Income Housing 11,469 Town Owned Housing 137,199 Infrastructure & Facility Replacement 0 Belvedere/Tiburon Library Agency 2,133,295 Total Expenditures: 16,690,887 Page 3 of 3 Town Council Resolution No. XX-2024 DRAFT June 19, 2024 Section 2. Debt Service Program – Planned Debt Service and related expenses for special assessment, community facilities districts, and general obligation bond issues of the Town are as previously planned: BOND ISSUE AMOUNT 2016 Consolidated Reassessment District 621,000 TPFA 2016 Refunding Revenue Bonds 624,000 Virginia Underground District, Series A 40,100 Virginia Underground District, Series B 41,863 Hawthorne Undergrounding District 352,263 Total Debt Service $1,679,605 IT IS FURTHER RESOLVED that the Town Manager may make adjustments and activities within the budget provided that no increase or diminishment in salaries result other than that provided by the Town’s Personnel System and Master Salary Program, or as authorized by the Town Council, and provided that no expenditure or encumbrance contingent on contract agreement, or other engagement requiring approval of the Town Council shall be made until such contract is first approved by the Town Council. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on June 19, 2024, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ____________________________________ ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: ___________________________________ LEA DILENA, TOWN CLERK EXHIBIT 3 Page 1 of 1 Town Council Resolution No. XX-2024 DRAFT June 19, 2024 DRAFT RESOLUTION NO. XX-2024 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ESTABLISHING AN APPROPRIATION LIMIT FOR FISCAL YEAR 2024-25 PURSUANT TO ARTICLE XIII B. OF THE CONSTITUTION OF THE STATE OF CALIFORNIA WHEREAS, Article XIII B. of the Constitution of the State of California requires governmental jurisdictions to establish appropriations limits each year, and WHEREAS, the previously established limit for Fiscal Year 2023-24 was $12,275,240 and the State Department of Finance has determined that the 2024-25 Per Capita Personal Income Factor is 4.40%, and the Population Change Factor is -.4% for the Town of Tiburon; the Director of Administrative Services estimates that legislated pass-through fees of the County will be $68,250; the Interim Director of Administrative Services of the Town of Tiburon has determined that the appropriations limit in the amount of $12,832,839 shall be established for Fiscal Year 2024-25. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon that an appropriations limit in the amount of $12,832,839 is established for Fiscal Year 2024-25 pursuant to Article XIII B of the Constitution of the State of California. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on June 19, 2024 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ______________________________ ALICE FREDRICKS, MAYOR TOWN OF TIBURON ATTEST: ___________________________________ LEA DILENA, TOWN CLERK EXHIBIT 4 Page 1 of 8 Town Council Resolution No. XX-2024 06/19/2024 DRAFT RESOLUTION NO. XX-2024 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REPEALING RESOLUTION NO. 04-2024 AND ADOPTING AN AMENDED MID-MANAGEMENT AND UNREPRESENTED EMPLOYEES RECOGNITION AND INCENTIVE COMPENSATION PROGRAM FOR FISCAL YEAR 2024-25 WHEREAS, in January 2002, the Town Council established and adopted a Mid- Management and Unrepresented Employee Recognition and Incentive Compensation Program to attract and retain professional, competent and qualified employees to carry out the Town's public service mission, and WHEREAS, such a program enhances the professional growth, motivation, and loyalty of mid-management, professional and confidential employees and promotes a consistently higher level of service to the public, and WHEREAS, the Town Council has updated and amended the Mid-Management and Unrepresented Employee Recognition and Incentive Compensation Program most recently in January 2023 by the adoption of Resolution No. 04-2023; and WHEREAS, the Town Council wishes to further amend the Mid-Management and Unrepresented Employee Recognition and Compensation Program to amend Section 3 (Benefits and Insurances); and WHEREAS, the Town of Tiburon Unrepresented employees are defined to include the following positions: Accountant I Accountant II Administration Assistant I Administration Assistant II Administrative Services & EOC Coordinator Assistant Planner Associate Engineer Associate Planner Building Inspector Building Official Building Permit Clerk Building Permit Technician Community Development Aide Engineering Technician/Inspector Finance Manager Human Resources Analyst I Human Resources Analyst II IT Coordinator Management Analyst Page 2 of 8 Town Council Resolution No. XX-2024 06/19/2024 Planning Manager Planning Technician Police Captain Police Records and Services Coordinator Public Works Division Manager-Operations Public Works Division Manager-Engineering / Town Engineer Superintendent of Public Works Senior Planner Town Clerk NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby repeal Resolution No. 04-2023 and all predecessor versions of the Mid- Management and Unrepresented Employees Recognition and Incentive Compensation Program and adopts the following amended Mid-Management and Unrepresented Employees Recognition and Incentive Compensation Program: SECTION 1. SALARIES Effective July 1, 2023 all management classifications received a 4% COLA increase, therefore, salary ranges for positions covered by this resolution shall be: Accountant I $6,080 - $7,599 Accountant II $6,774 - $8,467 Administration Assistant I $5,277 - $6,597 Administration Assistant II $5,541 - $6,926 Admin Services & EOC Coordinator $7,182 - $8,977 Associate Engineer $8,804 - $11,005 Assistant Planner $6.454 - $8,068 Associate Planner $7,171 - $8,963 Building Inspector $8,097 - $10,121 Building Official $10,640 - $13,300 Building Permit Clerk $5,277 - $6,597 Building Permit Technician $6,090 - $7,612 Community Development Aide $4,894 - $6,118 Engineering Technician/Inspector $6,892 - $8,615 Finance Manager $9,331 - $11,664 Human Resources Analyst I $6,050 - $7,653 Human Resources Analyst II $6,410 - $8,546 Management Analyst $7,669 - $9,586 Planning Technician $5,277 - $6,597 Police Captain $12,902 - $16,128 Police Records and Services Coordinator $6,191 - $7,526 PW Division Manager - Operations $11,781 - $14,727 PW Division Manager/Town Engineer $11,781 - $14,727 Senior Planner $9,067 - $11,334 Superintendent of Public Works $10,195 - $12,743 Town Clerk/Communications Manager $9,631 - $12,039 Page 3 of 8 Town Council Resolution No. XX-2024 06/19/2024 SECTION 2. SALARY ADJUSTMENTS Movement through the salary ranges will be based upon merit following a comprehensive written performance evaluation by the employee's supervisor. SECTION 3. BENEFITS AND INSURANCES The Town shall contribute a dollar amount equal to the combined total of the CalPERS Kaiser two-party premium and Delta Dental family premium to each Mid-Management and Unrepresented employee's cafeteria plan to purchase medical, dental, life and disability insurance. This dollar amount will float with the increase or decrease in the cost of the CalPERS Kaiser two-party and Delta Dental family rate. In addition, for active employees with 2 or more qualifying dependents, the Town will contribute the dollar amount equal to the difference between the Kaiser 2-party rate and the Kaiser Employee & 2+ premium rate towards an employee’s medical insurance premiums. If the full sum specified is exceeded for group insurances of a given employee, then that employee shall pay the balance of the monthly cost via a payroll deduction from the first two payrolls of the month. If the full sum specified is not used for the group insurances cost of a given employee, then that amount, not to exceed $400 per month, shall deposited into one of the Town's Deferred Compensation Plans in the employee’s name. Any employee who on December 31, 2008 receives more than $400 per month accruing fringe shall be capped at the higher amount. Should, at any time, such employee’s accruing fringe fall below the grandfathered cap, but more than $400 per month, the lower amount becomes that employee’s new cap. The enhanced medical benefit for employees with 2 or more dependents will not increase the cafeteria allowance nor expand eligibility for the deferred compensation contribution of unused cafeteria allowance amounts. The cafeteria allowance will remain equal to the Kaiser two-party rate and the Delta Dental family rate in effect on January 1 of each year. Any part-time employee shall receive a prorated amount of the monthly cafeteria allowance based on their full-time equivalent. Retirement – The Town contracts with CalPERS for the provision of a retirement program for its miscellaneous and public safety employees. The Town does not administer the retirement program and makes no representation of the specific parameters of the program beyond what is provided in the Town’s contract with CalPERS. Employees may obtain a copy of the CalPERS contract to review all elements of the current program. Effective July 1, 2015, all employees considered “classic” under CalPERS shall “pick up” 1% of the CalPERS Employers rate. This additional 1% is above the Employee’s normal rate of 7% for Miscellaneous and 9% for Safety. Employees considered “new” under PEPRA shall continue to pay 50% of the normal cost. The employee retirement contribution shall be made on a pre-tax basis as allowed under Internal Revenue Code 414(h)(2). For Miscellaneous Members of the Public Employee's Retirement System hired prior to January 1, 2013, the Town of Tiburon shall provide the CalPERS 2% @ 55 retirement formula, with the highest single year calculation. Public Safety members hired prior to Page 4 of 8 Town Council Resolution No. XX-2024 06/19/2024 January 1, 2013 shall receive the 3% @ 55 retirement formula with the highest 36 months calculation. Miscellaneous members hired after July 1 2013, who are “new members” of the retirement system as defined by CA Government Code Section 7522.04(f) shall be provided the 2% at 62 benefit formula with the highest 36 months calculation. Public Safety employees hired on or after January 1, 2013, who are “new members” of the retirement system as defined by CA Government Code Section 7522.04(f), shall receive the 2.7% @ 57 retirement formula with the highest 36 months calculation Medical Insurance - The Town of Tiburon offers its employees and their dependents medical/hospital insurance coverage. An employee covered under this resolution may choose from the plans offered through the Public Employees Retirement System Health Benefits Division for medical/hospital insurance coverage. Such insurance is mandatory for employees unless they can demonstrate compliance with other coverage. Dental Insurance - The Town of Tiburon offers employees and their dependents a dental plan. Such insurance is mandatory for all employees unless they can demonstrate compliance with other coverage. Life Insurance - The Town of Tiburon offers employee covered by this resolution a $25,000 life insurance policy. Such insurance is mandatory. The Town of Tiburon offers employees covered by this resolution additional life insurance above the mandatory $25,000 policy, up to a combined total of no more than $95,000. Participation is optional. Disability Insurance - The Town of Tiburon offers employees covered by this resolution long term disability insurance which provides two-thirds of an employee’s salary up to a maximum benefit of $4,500/month. Such insurance is mandatory. Long Term Care - The Town of Tiburon offers covered employee a long-term care policy. Participation is optional. Deferred Compensation Plan - The Town of Tiburon offers a choice of two deferred compensation plan to employees. Such monies deposited would become tax-deferred and would be subject to income taxation in the year they are withdrawn from the deferred compensation plan. Participation is optional. IRS Section 125 Plan - The Town of Tiburon offers employees the ability to participate in its IRS Section 125 Plan. Participation is optional. SECTION 4. VACATION LEAVE Mid-management and Unrepresented employees shall accumulate vacation time in accordance with the following vacation entitlement schedule: Page 5 of 8 Town Council Resolution No. XX-2024 06/19/2024 Service Work Days 0-5 Years 12 Days 6-10 Years 18 Days 11+ Years 20 Days Upon termination of a covered employee’s service with the Town, such employee shall be paid a lump sum equivalent to his/her accrued vacation leave. Maximum accumulation of vacation leave is 35 workdays. SECTION 5. SICK LEAVE Mid-management and Unrepresented employees shall be entitled to accrue one working day of sick leave for each month or major fraction thereof. Sick leave may be accrued by qualified employees without a maximum limitation. SECTION 6. SICK LEAVE PAY OFF Mid-management and Unrepresented employees hired prior to July 1, 2001 may receive cash equivalent compensation of 50% of their accrued sick leave, up to a total of 60 days, if the following conditions are met: a. The employee files for a service retirement from the Town, or b. The employee voluntarily separates from the Town and has at least 15 years of service with the Town. Effective July 1, 2011, the cash value of this benefit will be determined based on each employee’s hourly rate and number of eligible hours for cash-out purposes (50% of sick leave balance, up to 60 days). This value will be documented and the value capped. This value cannot grow through additional accrued sick leave or though increases in pay. Employees with 15 years or more service with the Town may request a cash-out of 60% of the eligible hours (early cash-out option). Should an employee request the early cash-out of 60% of the eligible sick leave hours, they will not be entitled to any further sick leave cash-out upon retirement or separation of employment with the Town. Those hours cashed out will be deducted from the employees sick leave balance. If an employee is not eligible for, or elects not to take, the early cash-out option, they shall be paid the frozen dollar value upon separation of employment with the Town. The only way the frozen dollar amount can be lowered is if an employee has less accrued sick leave hours upon separation of employment than they do on July 1, 2011. For tax planning purposes, should an employee desire to take the early cash out option, they will be allowed to take this payment in either 2011 or in January 2012. For employees hired after July 1, 2001 in Mid-Management and Unrepresented positions may accrue unlimited sick leave with no option for "cashback" benefits. Page 6 of 8 Town Council Resolution No. XX-2024 06/19/2024 SECTION 7. HOLIDAYS The Town agrees to provide Mid-Management and Unrepresented employees the following holidays: Independence Day Tuesday, July 4 Labor Day Monday, September 4 Thanksgiving Holiday Thursday, November 23 Friday, November 24 Christmas Eve Observed Tuesday December 24 Christmas Day Observed Wednesday, December 25 Veterans Day Observed Monday, December 30 New Year’s Eve Observed Tuesday, December 30, 2024 New Year's Day Observed Wednesday, January 1, 2024 Martin Luther King Day Monday, January 15 President's Day Monday, February 19 Memorial Day Monday, May 27 When a holiday falls on a Saturday, the preceding Friday shall be observed. However, if a holiday falls on a Saturday and the preceding Friday is also a holiday, the Town Manager may designate the preceding Thursday or following Monday to observe the holiday. When a holiday falls on Sunday, the following Monday shall be observed. However, when a holiday falls on a Sunday and the following Monday is also a holiday, the Town Manager may designate the preceding Friday or following Tuesday to observe the holiday. SECTION 8. HOLIDAY CLOSURE All represented and non-represented employees will be required to take 1 day vacation or administrative leave as part of the holiday closure program. The Town will also contribute one day off as part of the program. Tiburon Town Hall will be closed from December 24, 2024 through January 1, 2025. Proposed Schedule: Tuesday, December 24, 2023 Christmas Eve Observed Wednesday, December 25, 2023 Christmas Day Holiday Observed Thursday, December 26, 2023 Employee contributes a day Friday, December 27, 2023 Town contributes a day Monday, December 30, 2023 Veteran’s Day Observed Tuesday, December 31, 2024 New Year’s Eve Observed Wednesday, January 1, 2024 New Year’s Day Observed Page 7 of 8 Town Council Resolution No. XX-2024 06/19/2024 SECTION 9. ADMINISTRATIVE LEAVE In recognition of the long hours required to perform at the Mid-Management and Unrepresented level, including attendance at numerous meetings outside normal working hours, the following Administrative Leave policy shall be implemented. Each exempt Mid-Management or Unrepresented employee may receive up to ten days administrative leave annually, to be awarded at the discretion of the Town Manager. Administrative Leave shall be taken in one-hour increments. SECTION 10. DINNER ALLOWANCE All Mid-Management and Unrepresented employees who live more than10 miles from Town and who are required to attend night meetings or work after office hours beyond 7:00 P.M. may be reimbursed an amount not to exceed $25.00 for the purchase of dinner for that night. Employee reimbursement is subject to the approval of the Town Manager and must be accompanied by a restaurant receipt which shall include the amount, date, meeting or purpose, and the employee's name. SECTION 11. RETIRED EMPLOYEE'S MEDICAL ALLOWANCE For employees covered by this Resolution and who were hired prior to July 1, 2009, the Town of Tiburon will make contributions toward a retired employee's medical insurance plan based upon the following conditions: a. Employee must retire directly from employment with the Town of Tiburon and apply to PERS for retirement benefits. b. The retiree's medical insurance allowance is fixed and capped at the Kaiser single rate that is in effect at the time of the employee's retirement. c. The Town's contribution rate is based on the following formula: Percent of Kaiser Years of Consecutive Single Rate Service to Town 50% 15 Years 75% 20 Years 100% 25 Years Such coverage is not extended to the employee’s spouse or dependents. Employees hired after July 1, 2009, shall not be eligible for retiree medical allowance. SECTION 12. PERSONNEL RULES & REGULATIONS In the event any provisions of this Resolution contradict those included in the Town's Personnel Rules & Regulations, the terms of this Resolution shall prevail. Page 8 of 8 Town Council Resolution No. XX-2024 06/19/2024 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on June 21, 2023 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ALICE FREDRICKS, MAYOR TOWN OF TIBURON ATTEST: LEA DILENA, TOWN CLERK EXHIBIT 5 Page 1 of 8 Town Council Resolution No. xx-2024 06/19/2024 DRAFT RESOLUTION NO. XX-2024 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON RESCINDING RESOLUTION NO. 24-2024 AND ADOPTING AN AMENDED MANAGEMENT RECOGNITION AND INCENTIVE COMPENSATION PROGRAM FOR FY 2024-25 WHEREAS, in January 1979, the Town Council established and adopted a Management Recognition and Incentive Compensation Program, in order to promote the development of a strong, more effective management team and a means of recognizing outstanding management performance in all public service areas; and WHEREAS, the Management Recognition and Incentive Compensation program enhances the professional growth, motivation, and loyalty of management employees and promotes a consistently higher level of service to the public; and WHEREAS, the Town Council has updated and amended the Management Recognition and Incentive Compensation Program on several occasions, most recently in June 2023 by the adoption of Resolution No. 24-2024; and WHEREAS, the Town Council wishes to further amend the Management Recognition and Incentive Compensation Program to amend Section 3 (Benefits and Insurance); and WHERAS, the Town of Tiburon management employees are defined to mean the following positions: Town Manager Town Attorney Chief of Police Director of Administrative Services Director of Community Development Director of Public Works/Town Engineer NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby repeal Resolution No. 24-2024 and all predecessor versions of the Management Recognition and Incentive Compensation Program and adopts the following amended Management Recognition and Incentive Compensation Program: SECTION 1. SALARIES Effective July 1, 2024 salary ranges for management positions shall be: Chief of Police $15,188 - $18,985 Director of Administrative Services $13,483 - $16,853 Director of Community Development $13,483 - $16,853 Director of Public Works/Town Engineer $14,726 - $18,408 Town Attorney Based on Contract Town Manager Based on Contract Page 2 of 8 Town Council Resolution No. xx-2024 06/19/2024 SECTION 2. SALARY ADJUSTMENTS Movement through the salary ranges will be based upon merit following a performance evaluation by the Town Manager. SECTION 3. BENEFITS AND INSURANCE The Town shall contribute a dollar amount equal to the combined total of the CalPERS Kaiser two-party premium and Delta Dental family premium towards a Management employee's cafeteria plan to purchase medical, dental, life and disability insurance. This dollar amount will float with the increase or decrease in the cost of the CalPERS Kaiser two-party and Delta Dental family rate. In addition, for active employees with 2 or more qualifying dependents, the Town will contribute the dollar amount equal to the difference between the Kaiser 2-party rate and the Kaiser Employee & 2+ premium rate towards an employee’s medical insurance premiums. If the full sum specified is exceeded for group insurances of a given employee, then that employee shall pay the balance of the monthly cost via a payroll deduction from the first two payrolls of the month. If the full sum specified is not used for the group insurances cost of a given employee, then that amount, not to exceed $400 per month, shall deposited into one of the Town's Deferred Compensation Plans in the employee’s name. Any employee who on December 31, 2008 receives more than $400 per month accruing fringe shall be capped at the higher amount. Should, at any time, such employee’s accruing fringe fall below the grandfathered cap, but more than $400 per month, the lower amount becomes that employee’s new cap. The enhanced medical benefit for employees with 2 or more dependents will not increase the cafeteria allowance nor expand eligibility for the deferred compensation contribution of unused cafeteria allowance amounts. The cafeteria allowance will remain equal to the Kaiser two-party rate and the Delta Dental family rate in effect on January 1 of each year. Any part-time employee shall receive a prorated amount of the monthly cafeteria allowance based on their full-time equivalent. Retirement – The Town contracts with CalPERS for the provision of a retirement program for its miscellaneous and public safety employees. The Town does not administer the retirement program and makes no representation of the specific parameters of the program beyond what is provided in the Town’s contract with CalPERS. Employees may obtain a copy of the CalPERS contract to review all elements of the current program. Effective July 1, 2015, all employees considered “classic” under CalPERS shall “pick up” 1% of the CalPERS Employers rate. This additional 1% is above the Employee’s normal rate of 7% for Miscellaneous and 9% for Safety. Employees considered “new” under PEPRA shall continue to pay 50% of the normal cost. The employee retirement contribution shall be made on a pre-tax basis as allowed under Internal Revenue Code 414(h)(2). For Miscellaneous Members of the Public Employee's Retirement System hired prior to January 1, 2013, the Town of Tiburon shall provide the CalPERS 2% @ 55 retirement formula, with the highest single year calculation. Public Safety members hired prior to January 1, 2013 shall receive the 3% @ 55 retirement formula with the highest 36 months calculation. Miscellaneous members hired after July 1, 2013, who are “new members” of the retirement system as defined by CA Government Code Section 7522.04(f) shall be provided the 2% at 62 Page 3 of 8 Town Council Resolution No. xx-2024 06/19/2024 benefit formula with the highest 36 months calculation. Public Safety employees hired on or after January 1, 2013, who are “new members” of the retirement system as defined by CA Government Code Section 7522.04(f), shall receive the 2.7% @ 57 retirement formula with the highest 36 months calculation Medical Insurance - The Town of Tiburon offers management employees and their dependents medical/hospital insurance coverage. A qualified employee may choose from the plans offered through the Public Employees Retirement System Health Benefits Division for medical/hospital insurance coverage. Such insurance is mandatory for covered employees unless they can demonstrate compliance with other coverage. Dental Insurance - The Town of Tiburon offers management employees and their dependents a dental plan. Such insurance is mandatory for all qualified employees unless they can demonstrate compliance with other coverage. Life Insurance - The Town of Tiburon offers management employees a life insurance policy equal to one year's salary, not to exceed $95,000. Such insurance is mandatory for all full-time employees. If the mandatory amount is not exceeded, the Town of Tiburon offers management employees additional life insurance up to a combined total of no more than $95,000. Participation is optional. Disability Insurance - The Town of Tiburon offers management employees long term disability insurance. Such insurance is mandatory. Long Term Care - The Town of Tiburon offers management employees a long-term care policy. Participation is optional. Deferred Compensation Plan - The Town of Tiburon offers a deferred compensation plan to management employees. Such monies deposited would become tax-deferred and would be subject to income taxation in the year they are withdrawn from the deferred compensation plan. Participation is optional. IRS Section 125 Plan - The Town of Tiburon offers management employees the ability to participate in its IRS Section 125 Plan. Participation is optional. SECTION 4. VACATION LEAVE In recognition of the fact that many top management personnel are recruited from outside the Town, that the average tenure for those management personnel is substantially more than that of non-management personnel, and that at least three years prior experience is required, the following vacation leave policy for management personnel shall be implemented: Management employees shall accumulate vacation leave in accordance with the following vacation time entitlement: Page 4 of 8 Town Council Resolution No. xx-2024 06/19/2024 Service Work Days 0-5 Years 15 Days 6-15 Years 20 Days 16+ Years 25 Days Upon termination of a management employee's service with the Town, such employee shall be paid a lump sum equivalent to his/her accrued vacation leave. Maximum accumulation of vacation leave is 40 workdays. SECTION 6. SICK LEAVE Management employees shall be entitled to accrue one working day of sick leave with pay for each month or major fraction thereof. Sick leave may be accrued by management employees without a maximum limitation. SECTION 7. SICK LEAVE Management employees may accrue unlimited sick leave with no option for "cashback" benefits. SECTION 8. HOLIDAYS The Town agrees to provide management employees the following holidays: New Year's Day January 1 Martin Luther King Day Third Monday in January President's Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Veterans Day Observed during Holiday Furlough Thanksgiving Day Fourth Thursday in November Friday after Thanksgiving Christmas Eve December 24 Christmas Day December 25 New Year's Eve December 31 When a holiday falls on a Saturday, the preceding Friday shall be observed. However, if a holiday falls on a Saturday and the preceding Friday is also a holiday, the Town Manager may designate the preceding Thursday or following Monday to observe the holiday. When a holiday falls on Sunday, the following Monday shall be observed. However, when a holiday falls on a Sunday and the following Monday is also a holiday, the Town Manager may designate the preceding Friday or following Tuesday to observe the holiday. SECTION 9. HOLIDAY CLOSURE Page 5 of 8 Town Council Resolution No. xx-2024 06/19/2024 All represented and non-represented employees will be required to take 1 day vacation or administrative leave as part of the holiday closure program. The Town will also contribute one day off as part of the program. Tiburon Town Hall will be closed from December 24, 2024 through January 1, 2025. Proposed Schedule: Tuesday, December 24, 2023 Christmas Eve Observed Wednesday, December 25, 2023 Christmas Day Holiday Observed Thursday, December 26, 2023 Employee contributes a day Friday, December 27, 2023 Town contributes a day Monday, December 30, 2023 Veteran’s Day Observed Tuesday, December 31, 2024 New Year’s Eve Observed Wednesday, January 1, 2024 New Year’s Day Observed SECTION 10. ADMINISTRATIVE LEAVE In recognition of the long hours required to perform at the management level, including attendance at numerous meetings outside normal working hours, the following Administrative Leave policy shall be implemented: Management employee may receive up to ten days administrative leave annually, to be awarded at the discretion of the Town Manager. SECTION 11. DINNER ALLOWANCE All management employees who live more than 10 miles from Town and who are required to attend night meetings or work after office hours beyond 7:00 P.M. may be reimbursed in an amount not to exceed $25.00 for the purchase of dinner for that night. This allowance applies to management employees who reside outside a ten-mile radius of the Town. Employee reimbursement is subject to the approval of the Town Manager and must be accompanied by a restaurant receipt, which shall include the amount, date, meeting or purpose, and the employee's name. SECTION 12. TERMINATION ALLOWANCE In order to foster job security within a professional climate, management employees will be entitled to severance pay when they are terminated from Town service. However; such employee must be in the employ of the Town for at least three (3) years, and such termination is not for cause or for reasons listed in Government Code Section 19572, the Town's Personnel Rules & Regulations, Section 6, or any employee who voluntarily resigns from Town Service for personal reasons. Unless otherwise noted in an Employment Agreement, Management employees shall be covered by the following termination allowance schedule: Service Work Weeks Page 6 of 8 Town Council Resolution No. xx-2024 06/19/2024 After: 3 years l month 7 years 2 months 10 years 3 months This severance pay is in addition to any accrued vacation leave, unused at the time of termination. SECTION 13. VEHICLE USAGE/ALLOWANCE Management employees, to a far greater extent than other Town employees, are required to travel throughout the Town, County, and Bay Area to fulfill their job requirements. This travel is frequently required outside of normal working hours. In recognition of this employment requirement, the Town shall provide either the use of a Town vehicle or an automobile allowance, as provided in the Town budget. Use of a Town vehicle shall be in accordance with the Town's Administrative Policies and Procedures and is not intended for private use. SECTION 14. TUITION REIMBURSEMENT To promote continued development of skills, knowledge, and abilities among management employees, the Town of Tiburon shall reimbursement the costs of tuition, books and fees at the rate of the California State University system. Employees must receive prior approval of the Town Manager and submit certified transcripts with the evidence of a grade of "C" or better from an accredited college or university and submit bona fide receipts to qualify for tuition reimbursement. This provision has been suspended since FY 2011-12. SECTION 15. PROFESSIONAL MEMBERSHIP FEES Most management personnel are expected to maintain membership in appropriate professional organizations. These memberships serve to acquaint the Town with current programs and procedures in these professional areas by means of publications and specific activities. The Town will include the cost of these membership fees in the respective departmental budgets. SECTION 16. RETIRED EMPLOYEE'S MEDICAL ALLOWANCE For any Management employee hired prior to July 1, 2009, the Town of Tiburon will make contributions toward a retired employee's medical insurance plan based upon the following conditions: a. Employee must retire directly from employment with the Town of Tiburon and apply to PERS for retirement benefits. b. The retiree's medical insurance allowance is fixed and capped at the Kaiser single rate that is in effect at the time of the employee's retirement. c. The Town's contributions rate is based on the following formula: Page 7 of 8 Town Council Resolution No. xx-2024 06/19/2024 Percent of Kaiser Years of Consecutive Single Rate Service to Town 50% 15 Years 75% 20 Years 100% 25 Years Such coverage is not extended to employee's spouse or other dependents. NOW, THEREFORE, BE IT FURTHER RESOLVED that the provisions of this resolution shall supersede any other previous rules and resolutions of the Town of Tiburon which may be in conflict herewith. Page 8 of 8 Town Council Resolution No. xx-2024 06/19/2024 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on June 19, 2024, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: _____________________________________ ALICE FREDRICKS, MAYOR TOWN OF TIBURON ATTEST: ___________________________________ LEA DILENA, TOWN CLERK EXHIBIT 6 Page 1 of 3 Town Council Resolution No. XX-2024 DRAFT 6/19/24 DRAFT RESOLUTION NO. XX-2024 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING A CAPITAL IMPROVEMENT PROGRAM FOR THE TOWN OF TIBURON FOR THE FISCAL YEAR ENDING JUNE 30, 2025 WHEREAS, the Town Council conducted a Public Hearing concerning the proposed Capital Improvement Program for Fiscal Year 2024-2025 at its regularly scheduled meeting on Wednesday, June 5, 2024; and WHEREAS, the Town Council now finds that the proposed Capital Improvement Program, as estimated, provides for all appropriate municipal purposes and services with current fund(s) and resources and estimated revenues for Fiscal Year 2024-2025; and NOW, THEREFORE, BE IT RESOLVED; that the proposed Capital Improvement Program appropriates revenues and other sources of funds for expenditures associated with capital improvements in the following amounts: Section 1. Capital Improvement Program – Table showing Sources of Funding and the planned Streets, Drainage and Community Development Improvements in Fiscal Year 2024-2025. SOURCES PROJECTS State Gas Tax (HUTA) 100,000 State RMRA (SB1) 225,622 Measure "A" Transportation 271,408 GF Corps Yard Reserve Fund 120,000 Street Impact Fund 952,970 GF Park Development Fund 245,000 GF Streets & Drainage Reserve 1,185,000 GF Infrastructure & Facilities 650,000 GF RBSD Ponds 250,000 County Measure A Parks 75,000 CPUC-LATA Grant 100,000 ARP-Us Treasury SLFRF 70,000 STREETS Annual Pavement Management Program 1,400,000 Bicycle & Pedestrian Improvements 50,000 Main Street Seawall Maintenance 100,000 Brick Crosswalk Rehabilitation 150,000 Subtotal Streets Improvements $1,700,000 DRAINAGE 2024 Drainage Improvements (Open-cut) 600,000 Page 2 of 3 Town Council Resolution No. XX-2024 DRAFT 6/19/24 Maintenance and Rehabilitation-Design 75,000 Trash Capture Device-Design 60,000 Subtotal Drainage Improvements $735,000 COMMUNITY IMPROVEMENTS Accessibility Improvements 60,000 Corporation Yard Improvements-Design 120,000 Police Department Locker Room Remodel 150,000 Police Department Flooring Replacement 30,000 Police Department Solar Array-Waterproofing 25,000 Town Hall Exterior Repairs 60,000 Town Hall Pedestrian -Fleet EV Chargers 100,000 Town Hall-Public EV Chargers 200,000 Town Hall/Library Wayfinding Program 25,000 Fire Road Maintenance 100,000 ORT Retaining Wal Replacement 60,000 Open Space Vegetation Management 160,000 Parks Master Plan 70,000 RBSD Ponds Site Closure 250,000 Broadband Phase 1 100,000 Tiburon Boulevard Traffic Study 300,000 Subtotal Community Development 1,810,000 Total Capital Improvements $4,245,000 $4,245,000 IT IS FURTHER RESOLVED that the Town Manager may make adjustments and activities within the budget provided that no increase or diminishment in salaries result other than that provided by the Town’s Personnel System and Master Salary Program, or as authorized by the Town Council, and provided that no expenditure or encumbrance contingent on contract agreement, or other engagement requiring approval of the Town Council shall be made until such contract is first approved by the Town Council. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on June 19, 2024, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Page 3 of 3 Town Council Resolution No. XX-2024 DRAFT 6/19/24 ____________________________________ ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: ___________________________________ LEA DILENA, TOWN CLERK Hello Town Council, Public Works, and POST Commission I cannot attend the meeting tomorrow, so I would like to submit my public comment via email. I am a Tiburon home owner. Below are my 3 minutes of comments. 1. More police funding - I support Danielle Lepe's petition for more Tiburon police funding. It's been painful and frightening to see the high volume of burglaries with no arrests. I also have concerns about school and community safety - for example, the recent attempted kidnapping of a Reed student. 2. Bel Aire Mini Park basics in 24/25 CIP - Add drinkable water and a trash can for the neglected park and Bel Aire school evacuation zone. 3. Cypress Hollow playground structures and dog park fence at Cypress Hollow park in 24/25 CIP - Add ASAP before a child falls off the platform with no guardrails or gets bit by an off-leash dog. I recommend a Miracle Playground as they offer government assistance and grants. You could divert funds from the Martha Property project. Miracle Playground information: https://www.miracle-recreation.com/planning/getting-started/#how-do-i- budget-my-playground 4. SUP/Kayak Launch in 24/25 CIP - Add $1k budget to your Seawall project to add a ladder made of metal/steel on the oceanside of the concrete wall for expert athletes/emergency responders/workers to climb down. Similar to Belvedere stairs. Link: https://www.platformsandladders.com/marine- ladders 5. Parks and Rec map - Repurpose WRT Consulting maps to highlight where fun activities are for locals and visitors. Publish on Tiburon's site. Thank you, CC-8 Late Mail #1 - received 6/18/24 Beth Mix Hello: My name is Bismarck Lepe and live at 1830 Mountain View Drive in Tiburon. I am away on business and will not be able to make it to the city council meeting. Across Tiburon, there are already a lot of video cameras capturing security footage that I believe could be leveraged to more effectively protect our community. I have spoken with many residents who are in the technology industry who would be willing to invest their time to make the peninsula safer by applying AI and drone tools and products. We believe there is a way for us to more effectively augment what our police departments are doing. We will be following up with the individual police departments to see if they need additional budget and our help to implement more technical solutions. I would appreciate this comment and formal suggestion to be officially recorded as I will be attending the next town council meeting in-person and believe we need to prioritize this ahead of finalizing the 25’ budget. Regards, Bismarck This email and its contents (including any attachments) are being sent toyou on the condition of confidentiality and may be protected by legalprivilege. Access to this email by anyone other than the intended recipientis unauthorized. If you are not the intended recipient, please immediatelynotify the sender by replying to this message and delete the materialimmediately from your system. Any further use, dissemination, distributionor reproduction of this email is strictly prohibited. Further, norepresentation is made with respect to any content contained in this email. CC-8 Late Mail #2 - received 6/19/24 Dear Town of Tiburon I am writing to provide the following comments on the Fiscal Year 2024-25 Municipal Budget & Capital Improvement Program. I know that many items we are waiting on are completion of the parks plan and the traffic study but why wait and instead at least put a line item knowing you will need to add these or undertake some when other projects are happening at the same time? The appearance of siloed decision making or a lack of temporal three dimensional thinking has me concerned that we won't make efficient and prudent decisions with the wisdom I know you all have. What is missing 1) Bel Aire Mini Park basics in 24/25 CIP. There is a public works project going right through the park. Why not make these additions now? 2) Cypress Hollow playground structures and dog park fence at Cypress Hollow park in 24/25 CIP. Neighbors and users of the park have identified this as an issue over the last 2 years, the park plan consultants have as well. Why not set aside capital for this now? 3) Inclusion of feasibility of a SUP/Kayak Launch in 24/25 CIP at Main Street and Beach bridge work. I understand that Caltrans is funding a significant portion of the work. Does this mean that the project of a SUP launch at this location is dead? If so let's say that instead of wasting time and physical and emotional resources on this location in the parks study and others in the community. Either that or add the SUP launch to your 100K planning project. At a minimum the Town should transparent to the community on this location as a SUP launch so we can move the ball forward. 4) Capital set aside at least $500,000 for park improvements in the 2024-25 budget to help plan in the budget from the general fund for improvements outlined in the parks study. I would suggest doing something similar in the 25-26 budget with the traffic study results. As a Town Council you commited $2M for open space not even in the Town's jurisdiction. The least you all can do is commit money, (similar to the settling pond acquisition) for park amenities in the Town Limits as part of the CIP budget now. 5) Improved police technology in coordination with the City of Belvedere on home CC-8 Late Mail #3 - received 6/19/24 intrusions and other community threatening activities like fireworks in the surrounding open space. Not addressing this directly in the budget seems like a miss. What needs to removed from the Town Budget 1) Level 3 car charging for $200K. Why is this a priority for the town or even spending the town's precious human capital to work on this given all the other items the town needs? It just seems misplaced and a "me too" gesture when there are so many other critical items the Town staff should be addressing such as safety, traffic, and the parks. Thanks Chuck Hornbrook Tiburon TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Recommendation to Approve the Memorandum of Understanding Between the Town of Tiburon and the Tiburon Police Association (TPA) July 1, 2024 – June 30, 2027 Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Memorandum of Understanding (MOU) between the Town and TPA expires on June 30, 2024. Representatives of the Town and TPA met to confer on and negotiate the terms and conditions of a successor MOU. Both parties have come to a tentative agreement on the terms and conditions of employment for a three-year period from July 1, 2024 through June 30, 2027. The tentative agreement was ratified by the TPA membership on June 13, 2024 and now needs to be considered for approval by the Town Council. RECOMMENDED ACTION Staff recommends that the Town Council: 1. Adopt a Resolution (Exhibit 1) Authorizing the Town Manager to Execute the Memorandum of Understanding between the Town of Tiburon and the Tiburon Police Association, for the period of July 1, 2024 – June 30, 2027. BACKGROUND The current memorandum of understanding (MOU) between the Town and TPA will expire on June 30, 2024. In advance of the date of expiration, representatives of the Town and TPA met five times over the last two months, have freely exchanged information, opinions and proposals, and have reached agreement on all matters relating to the employment conditions and employer-employee relations of such employees. The new agreement is consistent with the authority granted by the Council. The parties agreed to a successor agreement over a three-year term that includes increases to wages and specialty pays, shift differential pays, and assignments; bereavement leave; increased meal and footwear reimbursements; and a wellness benefit. ANALYSIS TPA represents fourteen full-time employees in the Town’s Police Department. The Town values the work done by all staff members to provide quality services to Tiburon residents and TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting June 19, 2024 Agenda Item: CC-9 Town Council Meeting June 19, 2024 TOWN OF TIBURON PAGE 2 OF 2 businesses and appreciates its employees. The proposed changes to the current TPA Memorandum of Understanding are described in the attached resolution and in addition to non-substantive changes to MOU language, are summarized below. Term: Three-years, July 1, 2024 – June 30, 2027 Wages: • July 1, 2024- 3.5% increase for all TPA members • July 1, 2025- 3.5% increase for all TPA members • July 1, 2026- 3.5% increase for all TPA members Benefits: • Wellness Benefits $650 per year • Increase in Motorcycle Officer and Investigator Pay from $300 to $315 per month • Addition of Corporal Assignment Pay at least 5% above police officer’s pay • Increase in special meal allowance from $15 to $25 per reimbursement • Increase to duty footwear reimbursement from $125 to $175 per fiscal year • Change in Night Shift Differential for officers assigned to a shift between 6:00pm to 6:00am from $400 per month to 4.25% added to base hourly rate • Paid bereavement leave of three days per event FINANCIAL IMPACT Staff expect the total three-year cost of the agreement to be approximately $930,500. This includes the above agreed-on terms and anticipated merit increases along pay ranges for employees who are not currently at the top step. The fiscal impact in the first year of the agreement is included in the proposed FY 25 budget. 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. Adopt a resolution authorizing the Town Manager to execute the Memorandum of Understanding between the Town of Tiburon and the Tiburon Police Association, for the period of July 1, 2024 – June 30, 2027. Exhibit: 1. Draft Resolution and Attachment - Tentative Agreement Prepared By: Deborah Muchmore, Consultant – Interim Administrative Services Director EXHIBIT 1 Page 1 of 1 Town Council Resolution No. xx-2024 DRAFT June 19, 2024 DRAFT RESOLUTION NO. XX-2024 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AUTHORIZING THE TOWN MANAGER TO EXECUTE THE MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF TIBURON AND THE TIBURON POLICE ASSOCIATION (TPA), LOCAL 1021 FOR THE PERIOD OF JULY 1, 2024 – JUNE 30, 2027 WHEREAS, The Town’s current Memorandum of Understanding (the MOU) with the Tiburon Police Association will expire on June 30, 2024; and WHEREAS, The Town and TPA met and conferred in good faith during the months of April, May, and June 2024 regarding wages, hours, and other terms and conditions of employment for the employees in said representation unit to reach and enter into a successor MOU pursuant to the Section 3500, et seq. of the Government Code of the State of California; and WHEREAS, the parties have reached agreement on a successor MOU. NOW, THEREFORE, BE IT RESOLVED the Town Council of the Town of Tiburon hereby authorizes the Town Manager to execute the Memorandum of Understanding between the Tiburon Police Association and the Town of Tiburon consistent with the modifications set forth in Attachment 1, attached hereto and incorporated herein by this reference. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on June 19, 2024, by the following vote: AYES: COUNCILMEMBERS: NAYES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: _____________________________ ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: ___________________________________ LEA DILENA, TOWN CLERK ATTACHMENT 1 TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Recommendation from the Diversity Inclusion Task Force to Approve a Contribution to the Tiburon Jewish Cultural Festival Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Council will consider a recommendation by the Diversity Inclusion Task Force to approve an $8,000 expenditure to fund a proposed Tiburon Jewish Festival on July 21, 2024. RECOMMENDED ACTION(S) Staff recommends that the Town Council: 1.Consider approval of an $8,000.00 expenditure from the Fiscal Year 2025 Operating Budgetto cover costs for the Tiburon Jewish Cultural Festival. BACKGROUND On June 12, 2024, the Diversity Inclusion Task Force received a presentation from Rabbi Levi Mintz on a proposed Tiburon Jewish Cultural Festival event. The event would be held at Zelinsky Park adjacent to Town Hall and the Library on Sunday, July 21, 2024. After receiving the presentation and discussing the proposal at their June 12, 2024 meeting, the DITF voted to recommend the Town Council approve an $8,000 contribution toward the event. A copy of the event proposal is attached as Exhibit 1. ANALYSIS No further analysis is provided. FINANCIAL IMPACT The Fiscal Year 2024-25 Municipal Budget included $40,000 in funding for the Diversity Inclusion Task Force, $8,000 of which has already been committed toward the Diwali event this fall. No budget amendment is required. 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 June 19, 2024 Agenda Item: CC-10 Town Council Meeting June 19, 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: 1. Consider approval of an $8,000.00 expenditure from the Fiscal Year 2025 Operating Budget to cover costs for the Tiburon Jewish Cultural Festival. Exhibit(s): 1. Tiburon Jewish Cultural Festival Event Proposal Prepared By: Greg Chanis, Town Manager EXHIBIT 1 Tiburon Jewish Cultural Festival Proposal Objective: To organize a community-wide event aimed at fostering cultural awareness and education about the Jewish community, and its rich heritage. Through the celebration of Jewish culture, culinary delights, music, and interactive activities. Event Details: -Date & Time:Sunday, July 21st, 2024, from 1 p.m. to 4 p.m. -Location:Zelinsky Park, Tiburon -Activities: Engaging workshops, cultural performances, interactive exhibits, and culinary showcases featuring a diverse array of Jewish delicacies. -Key Themes: Exploring the rich tapestry of Jewish culture, heritage, and traditions, with a focus on promoting inclusivity, and understanding. Estimated Budget: -Total Event Cost:$15,000 -Funds to be Raised: $7,000 -Requested Contribution from the Town of Tiburon: $8,000 Collaboration: We ask the town of Tiburon and the DEI Task Force to join us as partners in this important endeavor. By working together, we can amplify the impact of the Tiburon Jewish Festival and demonstrate our collective commitment to fostering a community characterized by diversity, inclusion, empathy, acceptance, and mutual respect. Levi Mintz TOWN OF TIBURON PAGE 1 OF 3 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Community Development Subject: Consider Authorizing Participation in the Institute of Local Government’s Beacon Program. Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Council is considering adoption of a Resolution supporting the Town of Tiburon’s participation in the Beacon Program. This program provides a framework for local agencies to implement and share best sustainability practices, including an annual awards cycle for highlighting climate action efforts. RECOMMENDED ACTION(S) 1.Adopt resolution (Exhibit 1) authorizing the Town of Tiburon to participate in the Institute forLocal Government’s Beacon Program; and2.Designate a lead staff member and elected official to serve as contact for the Beacon Program. BACKGROUND The Beacon Program is an established program of the Institute for Local Government (ILG), the nonprofit training and education affiliate of the League of California Cities, the California State Association of Counties and the California Special Districts Association. The Beacon Program provides a framework for local agencies to implement and share best practices that create more vibrant and resilient communities. The program honors voluntary efforts by local governments to save energy, reduce greenhouse gas emissions and adopt policies and programs that promote sustainability. Beacon Program participants receive valuable support and encouragement from ILG to understand and apply sustainability best practices, collect and organize data to advance participants’ achievements within the program’s five areas of accomplishment. Within each area, the participant can earn Beacon Spotlight Awards based on level of achievement. To win a Beacon Vanguard Award, participants are required to demonstrate achievements in all five areas and adopt a climate action plan. In addition to award recognition, participants receive monthly communications about innovative practices, funding opportunities, access to peer-to-peer networking opportunities and invitations to highlight sustainability leadership. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting June 19, 2024 Agenda Item: AI-1 Town Council Meeting June 19, 2024 TOWN OF TIBURON PAGE 2 OF 3 In order to participate in the Beacon Program, cities and counties must complete a simple application, adopt a resolution by the governing body committing the agency to participate in the program and designate a lead staff person as a point of contact. Bay Area jurisdictions participating in the Beacon Program include: Mill Valley, San Rafael, Marin County, Santa Rosa, Sonoma County, Palo Alto, and Burlingame. Additional detailed information about the program can be found at www.ca-ilg.org/beacon-program. ANALYSIS The Town of Tiburon has made great strides in addressing climate action through energy efficiency, electrification, waste reduction, regional coordination, and completing greenhouse gas emissions inventories. By participating in the Beacon Program, the Town can utilize the statewide resources available to work with other jurisdictions to share best practices in sustainability. The Beacon Program also offers awards where the Town could get recognition for the community’s sustainability-related activities that have resulted in a reduction in greenhouse gas emissions. In order to participate in the Beacon Program the Town will need to: • Fill out the online application to participate • Designate a lead staff member and elected official to serve as contact for your agency • Adopt a resolution by the governing body committing the agency to participate in the program • Submit annual applications for award consideration to earn recognition • Participate in ongoing peer learning and technical assistance opportunities If the Council wishes to proceed with the project, staff has prepared a draft Resolution for Council consideration, which is attached as Exhibit 1. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town. Program participation is voluntary. The program is designed to complement existing efforts of our energy and climate action plans which would translate to little or no fiscal impact. Participating in the program may increase the city’s competitiveness for future state or other grant funding. CLIMATE IMPACT Staff has determined that participating in this program is consistent with the Town’s Climate Action Plan strategies to collaborate and join programs that promote sustainability and climate action. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, 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). Town Council Meeting June 19, 2024 TOWN OF TIBURON PAGE 3 OF 3 RECOMMENDATION Staff recommends that the Town Council: 1. Adopt the draft resolution (Exhibit 1), authorizing the Town of Tiburon to participate in the Institute for Local Government’s Beacon Program; and 2. Designate a lead staff member and elected official to serve as contact for the Beacon Program Exhibit(s): 1. Resolution authorizing the Town of Tiburon to participate in the Institute for Local Government’s Beacon Program Prepared By: Grace Ledwith, Climate Action (Sustainability) Coordinator EXHIBIT 1 Page 1 of 2 Town Council Resolution No. XX-2024 June 19, 2024 RESOLUTION NO. XX-2024 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING PARTICIPATION IN THE INSTITUTE FOR LOCAL GOVERNMENT’S BEACON PROGRAM WHEREAS, the Town of Tiburon is undertaking policies, programs and activities to reduce greenhouse gas emissions and save energy through its Climate Action Plan, which is incorporated in the Town’s General Plan; and WHEREAS, these policies, programs and activities conserve natural resources, save energy and money, and promote sustainable land use and transportation planning in the community; and WHEREAS, the Town of Tiburon has adopted an emissions reduction goal for the year 2030 whereby its community-related emissions will be reduced to 50% below 1990 levels; and WHEREAS, the Town of Tiburon is striving towards its emissions reduction goal and has reduced emissions to 1990 levels in 2014, with additional progress being made since the 2014 Emissions Inventory, including the use of electric vehicles by the Town; installation of public recycling and composing receptacles; Reusable Foodware Ordinance; the installation of solar panels at the Town Hall, and updates to the Green Building ordinance; and WHEREAS, the Town of Tiburon wishes to expand these activities, share its experiences with other communities, and be recognized for its accomplishments; and WHEREAS, the Beacon Program is a voluntary program of the Institute for Local Government, the non-profit research and education affiliate of the California State Association of Counties and the League of California Cities; and WHEREAS, the Beacon Program recognizes and celebrates achievements of cities and counties that reduce greenhouse gas emissions and save energy; and WHEREAS, participating in the Beacon Program is an opportunity for the Town of Tiburon to be recognized for its efforts to promote sustainability, reduce greenhouse gas emissions and save energy. NOW, THEREFORE, BE IT RESOLVED THAT THE TOWN COUNCIL OF THE TOWN OF TIBURON agrees to participate in the Beacon program; and BE IT FURTHER RESOLVED that the Town Manager or his/her designee is hereby authorized as Signature Authority to execute all documents necessary to apply for the Beacon Program; and BE IT FURTHER RESOLVED that the Town of Tiburon will work towards achieving the Silver, Gold and/or Platinum Award levels. Page 2 of 2 Town Council Resolution No. XX-2024 June 19, 2024 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon this 19th day of June, 2024 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: LEA DILENA, TOWN CLERK I am writing in support of the Town of Tiburon joining the ILG Beacon Program. As the primary author of the Town's Integrated Pest Management (IPM) Plan that was passed a few years ago, I spent a lot of time looking at other jurisdictions and speaking with other knowledgeable stakeholders, the exact activity that the Beacon Program promotes but in a more systematic way. I would applaud the Town for taking advantage of this and bringing more best practices to Town. Chuck Hornbrook Tiburon -- AI-1 Late Mail #1 - received 6/19/24 TOWN OF TIBURON PAGE 1 OF 4 4874-2148-8234 v1 STAFF REPORT To: Mayor and Members of the Town Council From: Community Development Department Subject: Recommendation to consider a Building Permit Extension and any Related Fees and Penalties for a Single-Family Residential Project, Permit BR16-371, located at 2215 Vistazo East Street; Thomas E. Frankovich Trust, Owner; Assessor Parcel Number 059-091-55 Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Council will consider a building permit extension for a single-family residential project at 2215 Vistazo East Street. RECOMMENDED ACTIONS: Staff recommends that Council: 1.Grant a permit extension in accordance with Municipal Code section 13-4.2.1(c)(3)6, includingdetermining if any additional requirements will be imposed; or2.Deny the request for permit extension. BACKGROUND The building permit for construction of a new residence at 2215 Vistazo East Street was issued on June 13, 2019, with an expiration date eighteen months after issuance. Extensions on building permits are governed by Tiburon Municipal Code (TMC) sections 13-4.20.1(c)(3). As allowed under that section, the applicant has received four 6-month extensions. In addition, the applicant was granted an automatic 18-month extension mandated by California Assembly Bill 1561 for COVID relief, that applied to permits in effect on March 4, 2020, that would expire before December 31, 2021. The most recent extension for this project will expire on June 13, 2024. At the time of expiration, the project will not be completed, and a stop work order will be placed on the project. The overall project schedule has been negatively impacted by numerous factors over the past 5 years including: Supply chain issues, inclement weather, staffing changes and difficulty maintaining a construction crew at the project during the pandemic. However, significant construction delays were also caused by numerous permit violations resulting in multiple stop work orders, including a 6 month stoppage for failure to install a required fire hydrant prior to TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting June 19, 2024 Agenda Item: AI-2 Town Council Meeting June 19, 2024 TOWN OF TIBURON Page 2 of 4 beginning construction of the approved structure. In addition, staff has spent considerable time responding to numerous complaints from neighboring property owners regarding the project. As a result of the above, owners of the property at 2215 Vistazo East Street are requesting the Town Council consider granting an additional 6-month extension. This additional time will allow their contractors to complete the remaining items and receive a final building approval within the next 6 months. ANALYSIS Pursuant to Municipal Code section 13-4.2.1(c)(3)6 (Expiration) the Building Official and Town Council have a process and options for granting extensions and applying fees for such extensions. As noted above, a permit expires eighteen months after it is issued. (TMC 13-4.2.1(c)(1). The extensions that may be allowed are summarized below. A copy of the TMC 13-4.2.1(c)(3) is attached as Exhibit 3 below: 1. The Building Official may grant one extension up to six months, without payment of additional charges where the permittee has proceeded with due diligence and made substantial progress but is unable to complete the project because of unforeseen circumstances beyond the control of the permittee. 2. A subsequent extension may be granted by the Building Official upon the permittee seeking a reactivation and extension, and payment of a charge equal to the amount of the original construction fee. A permit reactivated and extended under this subsection shall be valid for an additional six (6) months beyond the date of its expiration prior to the reactivation/extension granted pursuant to this paragraph. 3. A third extension of six months may be granted by the building official upon the permittee seeking another reactivation and extension, and payment of a charge. At this juncture, the reactivation and extension Charge equal to three (3) times the original project construction permit fees. 4. A fourth extension may only be granted by the Town Council. The Town Council may reactivate and extend the permit for an additional six (6) months upon submission and acceptance of a completion schedule for the project and payment of five (5) times the original project construction permit fees (as defined in subsection 2 above) as a Reactivation/Extension Charge. The Town Council may, in its sole discretion, reduce the reactivation/extension charge based on such reasons as the project's nearness to completion and/or the cause of the delay. 5. A fifth extension may only be granted by the Town Council. At this juncture, the Town council may impose additional requirements, such as the retention of a qualified contractor for owner/builder projects or retention of a qualified construction manager for a contracted project, in order to promote swift completion. The Town Council may reactivate and extend the permit upon imposition of any such conditions deemed reasonable, and payment of five (5) times the original project construction permit fees (as defined is subsection 3 above) as a Reactivation/Extension Charge. Town Council Meeting June 19, 2024 TOWN OF TIBURON Page 3 of 4 In this case, the Building Official has granted the three extensions authorized under the municipal code, and as noted, the applicant also was granted an automatic 18-month extension pursuant to AB 1561. The Building Official has exhausted his authority to extend the permit further. On December 6, 2023, the Town Council granted a fourth extension, extending the permit expiration date to June 13, 2024. The applicant is now applying for the fifth extension. Therefore, this item has come before the Town Council a second time for consideration of a 6-month extension (Item 5 underlined above) and a review of conditions in order to complete the project. At the last extension, the applicant paid five times the permit fee. The Town Council may impose additional requirements, such as the retention of a qualified contractor for owner/builder projects or retention of a qualified construction manager for a contracted project, in order to promote swift completion. The Town Council may reactivate and extend the permit upon imposition of any such conditions deemed reasonable, and payment of five (5) times the original project construction permit fees as a Reactivation/Extension Charge. During this process the Town Council must review and accept the completion schedule for the project. If the Town Council issues a six-month extension and the applicant is unable to complete the construction and returns for an additional extension, Council may impose additional requirements and fees. Alternatively, the Council may deny the request for an extension. Should the Council decide to deny the extension the property owner would be required to resubmit the entire project and the review would begin as a new project requiring new entitlements. Status of the project This project has experienced numerous delays and is only recently approaching completion of the driveway, gate, road repair, and related sitework. Other remaining work includes final drainage, landscaping, and final interior finish work on the dwelling, and the work remaining will clearly not be completed by the June 13, 2024 permit expiration deadline. Prior to the expiration of the permit, Staff requested the applicant provide a timeline in order to ensure the contractor and property owner were aware of the items needed for completion and an agreeable schedule could be submitted for Council review. On June 5, 2024, the contractor provided a project completion schedule, identified in Exhibit 1. A swift completion of the project appears to be a largely universal desire and will help restore the surrounding neighborhood to a level of normalcy that it has not enjoyed for the past five years. The Town Council should consider granting the extension, and if so, may want to consider whether to impose any additional conditions on the project applicant. The total amount for the extension of the permit is $72,875 (Exhibit 2). FINANCIAL IMPACT The penalty fee for extending the permit is 5 times the Building Permit fees, or $72,875. This type of fee is considered General Fund Revenue. CLIMATE IMPACT Staff has determined this action will have no significant impact on the Town’s contribution to global climate change. Town Council Meeting June 19, 2024 TOWN OF TIBURON Page 4 of 4 ENVIRONMENTAL REVIEW Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15321 (a). RECOMMENDATION Staff recommends that Council: 1. Grant a permit extension in accordance with Municipal Code section 13-4.2.1(c)(3)6, including determining if any additional requirements will be imposed, or 2. Deny the request for permit extension. EXHIBITS 1. Project completion schedule provided by contractor 2. Cost of 5 times permit fee extension per Municipal Code section 13-4.2.1(c)(3)6. 3. Highlighted Applicable Tiburon Building Ordinance section regarding time extensions for this project. 13-4.2.1 (c)(3) EXHIBIT 1 333 Gellert Blvd Ste 160, Daly City, CA 94015-2661 · 415-759-6228 Schedule - Gantt - 2215 Vistazo March 2024 April 2024 May 2024 June 2024 July 2024 Week 12 17 18 19 20 21 22 23 Week 13 24 25 26 27 28 29 30 Week 14 31 1 2 3 4 5 6 Week 15 7 8 9 10 11 12 13 Week 16 14 15 16 17 18 19 20 Week 17 21 22 23 24 25 26 27 Week 18 28 29 30 1 2 3 4 Week 19 5 6 7 8 9 10 11 Week 20 12 13 14 15 16 17 18 Week 21 19 20 21 22 23 24 25 Week 22 26 27 28 29 30 31 1 Week 23 2 3 4 5 6 7 8 Week 24 9 10 11 12 13 14 15 Week 25 16 17 18 19 20 21 22 Week 26 23 24 25 26 27 28 29 Week 27 30 1 2 3 4 5 6 Week 28 7 8 9 10 11 12 13 Week 29 14 15 16 17 18 19 20 ARCON CC Mar 25, 2024 0 / 25 Electrical - Solar panels - Rough Mar 25, 2024 All Phase Electrical Tile Over Pedestal Decking Mar 25, 2024 Arcon Construction Corp Concrete - Driveway Apr 3, 2024 Shamrock Engineering Concrete Landscaping Apr 8, 2024 Bloom & Lawn Landscaping Finish Carpentry Apr 29, 2024 Arcon Construction Corp Interior Painting May 20, 2024 LUZT Construction Inc. Kitchen Cabinets - Installation May 27, 2024 Arcon Construction Corp Tiling - Installation Exterior May 27, 2024 A B Tile Plumbing - Finish May 30, 2024 Mike Star Plumbing Co. Utilities - Electrical Service Line May 31, 2024 All Phase Electrical Countertops - Installation Jun 3, 2024 -- Pool - completion and start-up Jun 3, 2024 Carlos Landscape Co. Wardrobe and Closet Specialties Jun 3, 2024 -- Asphalt - Sidewalk Connection Jun 7, 2024 Shamrock Engineering Concrete Electrical - Finish Installation Jun 10, 2024 All Phase Electrical Electrical - Solar panels - Finish Jun 10, 2024 All Phase Electrical Wood Stairs Jun 10, 2024 IB Floor Residential Appliances - Installation Jun 12, 2024 CG Appliances Bath Accessories - Installation Jun 17, 2024 Arcon Construction Corp Electrical - exterior landscape lights Jun 17, 2024 All Phase Electrical Fire Sprinkler Systems - Finish/InspectJun 17, 2024 Lowy Fire Protection Interior Hand Railing Jun 17, 2024 Anvil Iron Works Fireplaces - Start-up Jun 24, 2024 Energy House Final Inspections Jun 27, 2024 -- Punch List Jun 27, 2024 Arcon Construction Corp Title Start Assignees Complete ARCON CC Electrical - Solar panels - Rough Tile Over Pedestal Decking Concrete - Driveway Landscaping Finish Carpentry Interior Painting Kitchen Cabinets - Installation Tiling - Installation Exterior Plumbing - Finish Utilities - Electrical Service Line Countertops - Installation Pool - completion and start-up Wardrobe and Closet Specialties Asphalt - Sidewalk Connection Electrical - Finish Installation Electrical - Solar panels - Finish Wood Stairs Residential Appliances - Installation Bath Accessories - Installation Electrical - exterior landscape lights Fire Sprinkler Systems - Finish/Inspect Interior Hand Railing Fireplaces - Start-up Final Inspections Punch List EXHIBIT 2 BP / RBR # BR16-371 DATE 06.05.24 VALUATION DESCRIPTION / PERMIT TYPE PLAN CHECK -$ -$ -$ -$ -$ R -$ -$ -$ -$ -$ -$ -$ -$ PENALTIES 67,992.50$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ PARKING PROGRAM -$ 4,882.50$ COUNTY RECORDER -$ -$ RENTALS -$ -$ -$ -$ -$ -$ -$ -$ CHECK NO TOTAL A SIX-MONTH EXTENSION GP ZONING AMDMT PLANNING FEES USE PERMIT MASTER PLAN BUSINESS LICENSE VARIANCE SIGN PERMIT DESIGN REVIEW DRAINAGE REVIEW LOT LINE ADJ CA SEISMIC TAX ENCROACHMENT TOWN OF TIBURON 1505 TIBURON BLVD. TIBURON CA 94920 TEL:(415) 435-7373 FAX:(415) 435-2438 PROJECT ADDRESS 2215 VISTAZO EAST - 5X PERMIT FEE RECEIVED FROM FINES/PENALTIES NOTICING CEQA PRECISE PLAN TENTATIVE MAP PLUMBING 2,000,000.00$ BUILDING PERMIT PLAN STORAGESTREET IMPACT GRADING BUILDING FEES TRAFFIC MITIGAT. PHOTOCOPYING TECHNOLOGY FEE S.WATER R.OFF IMP.FEE ADMINISTRATION FEES BLDG COST RECOVERY RESALE INSPECTION UNDERGRD. WAIVER APPEAL TREE PERMITELECTRICAL CA BLDG. STD. AD. FUND BUSINESS LICENSE MECHANICAL PLAN STORAGE 72,875.00$ D/R COMPLIANCE GEN. PLAN. MAINT. APPLY PERMIT REACTIVATION SPECIAL DEPOSITS LANDSCAPE BOND F.A.E. RESEARCH RE-INSPECTION DOCUMENT SALE FINAL MAP Thank you RECEIVED BY EXHIBIT 3 13-4.2.1 Amendments to the 2022 California Residential Code. The 2019 California Residential Code is amended as follows: (a) Section 1.8.5.1 is amended to read as follows: 1.8.5.1 General. Subject to the provisions of law, including Code of Civil Procedure Section 1822.50 et. seq., officers and agents of the Building Official may enter and inspect public and private properties to secure compliance with the provisions of this code and the rules and regulations promulgated by the department of housing and community development. For limitations and additional information regarding enforcement, see the following: (The remainder of this section is unchanged.) (b) Section 1.8.8.1 is amended to delete the second paragraph and add the following paragraph to the end of the section: For appeal of non-administrative provisions of the code, the local appeals board and the housing appeals board shall be the Tiburon Building Code Appeals Board, except that if required by Health and Safety Code section 19957.5, the local appeals board and the housing appeals board shall be the County of Marin's Disability Access Appeals Board. The town council shall hear appeals of administrative provisions as generally described in the administrative chapter of this code. (c) Chapter 1, Division II is modified as follows: (1) Section 104.6 is amended to add the following phrase to the end of the last sentence: ", including the warrant provisions of Section 1822.50 et. seq. of the Code of Civil Procedure of the State of California." (2) Section 105.2 is amended to delete (building) subsections 2, 3, 4, 5, 9 and 10, and to modify subsections 1 and 6 to read as follows: 1. Detached accessory structures used as playhouses or play structures provided that the structure: a. Does not exceed one-hundred twenty (120) square feet in area and is portable (i.e., is not anchored or affixed in any way); b. Does not exceed twelve (12) feet in height; and c. Contains no plumbing, electricity or heating or cooling appliances. d. Does not exceed one-story. 6. Painting, papering, tiling, carpeting, counter tops and similar finish work; except that repaving and/or re-striping of parking lots shall require a permit. (3) Section 105.5 is amended to read as follows: Section 105.5 Expiration. 1. All permits issued by the Building Official shall expire by limitation and become null and void eighteen (18) months from the date the permit is issued. 2. In instances where the permittee has proceeded with due diligence and made substantial progress but is unable to complete the project because of unforeseen circumstances beyond the control of the permittee, one extension of up to six (6) months may be granted, without payment of additional charges or penalties. In determining whether due diligence has been exercised, the Building Official shall consider whether work began promptly after permit issuance, whether work was conducted on a regular basis, and any other relevant facts. 3. If the project is not completed within the six (6) month extension allowed under subsection 2 above or if the six (6) extension was not provided under subsection 2, a Stop Work Order may be issued on the date of expiration and work shall not recommence until the permit is reactivated and extended. A reactivation and extension may be issued by the Building Official once a reactivation/extension Charge equal to one (1) times the original project construction permit fee is paid. A reactivation/extension charge, for purposes of this section, is primarily a penalty for failure to complete the project within the allotted time, and secondarily a fee to recover the cost of providing additional building inspection division services, and is defined as the subtotal of the building, electrical, plumbing, mechanical, grading, and business license fee portions of the original permit. A permit reactivated and extended under this subsection shall be valid for an additional six (6) months beyond the date of its expiration prior to the reactivation/extension granted pursuant to this paragraph. 4. If the project is not completed within the six (6) month extension allowed under subsection 3 above, a Stop Work Order may be issued on the date of expiration and work shall not recommence until the permit is reactivated and extended. Reactivation and extension of the permit for another six (6) month period shall be allowed only if a Reactivation/Extension Charge equal to three (3) times the original project construction permit fees, as defined in subsection 3 above, is paid. A permit reactivated and extended under this subsection shall be valid for an additional six (6) months beyond the date of its expiration prior to the reactivation/extension granted pursuant to this paragraph. 5. If the project is not completed within the six (6) month extension allowed under subsection 4 above, a Stop Work Order shall be issued and the matter referred to the Town Council for resolution. The Town Council may reactivate and extend the permit for an additional six (6) months upon submission and acceptance of a completion schedule for the project and payment of five (5) times the original project construction permit fees (as defined in subsection 2 above) as a Reactivation/Extension Charge. The Town Council may, in its sole discretion, reduce the reactivation/extension charge based on such reasons as the project's nearness to completion and/or the cause of the delay. 6. If the project is not completed within the six (6) month extension allowed under subsection 5 above, or pursuant to this subsection 6, a Stop Work Order shall be issued and the matter referred to the Town Council for resolution. The Town Council may impose additional requirements, such as the retention of a qualified contractor for owner/builder projects or retention of a qualified construction manager for a contracted project, in order to promote swift completion. The Town Council may reactivate and extend the permit upon imposition of any such conditions deemed reasonable, and payment of five (5) times the original project construction permit fees (as defined is subsection 3 above) as a Reactivation/Extension Charge. TOWN OF TIBURON PAGE 1 OF 3 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Consider Adopting a Resolution Approving a Refuse Hauling Rate Increase of 7.92% Requested by Mill Valley Refuse Service for the Period of July 1, 2024 through June 30, 2025 Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY Council will be considering the 2024-2025 rate increase application for waste hauling services by Mill Valley Refuse Service. RECOMMENDED ACTION(S) Staff Recommends the Town Council: 1. Conduct a public hearing on the proposed Mill Valley Refuse Service rate increase, and if acceptable, move to adopt a Resolution (Exhibit 5) approving solid waste collection rates for the period of July 1, 2024 through June 30, 2025. BACKGROUND Franchise Agreement The Town of Tiburon has an exclusive franchise agreement (Agreement) for solid waste collection with Mill Valley Refuse Service (MVRS), with the Agreement approved by Council on June 15, 2011 (effective date of July 1, 2011). The Agreement allows MVRS to adjust fees for two consecutive years based on the increase in the Consumer Price Index (CPI), capped at 3%, without requiring a base rate change application or approval by the Town Council. In the third year, or any year their request is above the CPI, MVRS must apply for a base rate change. The last rate increase request by MVRS was in June 2023. On April 1, 2024, MVRS submitted to the Town a letter and an application for a base rate increase (Exhibit 2). This initial request was for an increase of 8.15% for the period July 1, 2024 through June 30, 2025. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting June 19, 2024 Agenda Item: PH-1 Town Council Meeting June 19, 2024 TOWN OF TIBURON PAGE 2 OF 3 MVRS also serves the cities/towns of Belvedere, Mill Valley and Corte Madera, as well as several unincorporated areas and Special Districts in Marin County. Each of these contracting entities also received an initial rate increase application averaging 7.68%. As in past years, at the expense of MVRS, these agencies collectively retained the services of R3 Consulting to review the application to determine the accuracy of the calculations used by MVRS to justify the rate increase. R3 specializes in providing solid waste management consultation services for public agencies and has been the company used by the MVRS contracting agencies to conduct this analysis for many years. ANALYSIS Based on their review of MVRS’s original rate application, R3 recommended several adjustments, resulting in revised proposed rate increases for each entity. With regards to Tiburon specifically, factoring in all the R3 adjustments results in a proposed rate increase for Tiburon of 7.92%, which is 0.23% lower than the 8.15% increase included in the initial application. A copy of the complete R3 analysis is attached as Exhibit 3. R3 reviewed the proposed adjustments with representatives of MVRS and they concurred with the recommended changes. A revised Rate Increase Application reflecting this adjusted increase is attached as Exhibit 4. Staff has prepared a draft Resolution approving the MVRS 2023 Collection Rate Application for the period of July 1, 2024 through June 30, 2025. This Resolution, which includes a proposed FY 24-25 Rate Sheet along with service terms and conditions is attached as Exhibit 5. FINANCIAL IMPACT Based on the proposed rates, the Town would realize an increase of approximately $30,000 in annual franchise fees. 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: Town Council Meeting June 19, 2024 TOWN OF TIBURON PAGE 3 OF 3 1. Conduct a public hearing on the proposed Mill Valley Refuse Service rate increase, and if acceptable, move to adopt a Resolution (Exhibit 5) approving solid waste collection rates for the period of July 1, 2023 through June 30, 2024. Exhibit(s): 1. Mill Valley Refuse Service Franchise Agreement 2. Mill Valley Refuse Service Initial Rate Increase Letter/Application 3. R3 Consulting Rate Application Analysis 4. Mill Valley Refuse Revised Rate Increase Letter/Application 5. Draft Resolution to Adopt Revised Rates 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 April 1, 2024 Dear Tiburon Town Council, We hope this leter finds you well. We are wri�ng to inform you of our proposed rate increase of 8.15% for the period between July 1, 2024, and June 30, 2025. We understand the importance of providing high-quality waste management services to the residents and businesses of Tiburon, and we are commited to doing so at a reasonable cost to maintain our service standards and fulfill our environmental responsibili�es. R3 is engaged through the City of Mill Valley to review the rate applica�on. In 2024, we are in the second period of our union contract with our employees involved with our collec�on service and the proposed rate adjustment is crucial to sustain our workforce with salaries, benefits, and pension plans adjusted for cost of living. Furthermore, we have experienced escala�ng costs of insurance and increased expenses related to disposal and processing recyclable materials as we work towards diversion goals. With environmental sustainability prac�ces, we will con�nue to assist Tiburon in mee�ng the requirements of SB1383 by providing waste collec�on services, containers with labeling for accepted materials, and raising awareness with outreach in reducing organic waste from the landfill. As part of California’s climate plan goals in building a circular economy, we want to bring aten�on to SB54, the Plas�c Pollu�on Preven�on and Packaging Producer Responsibility Act. Due to 50% of packaging waste ending up in California landfills by volume, this law will address the impacts of single-use packaging and plas�c food service ware and reduce plas�c pollu�on. Currently, the packaging law is moving towards implementa�on with the Circular Ac�on Alliance approved as the first Producer Responsibility Organiza�on. By 2032, SB54 requires the following: - Reduce 25% of single-use plas�c packaging and food ware being sold. - Recycle 65% of single-use plas�c packaging and food ware. - Ensure 100% of single-use plas�c packaging and food ware to be recyclable or compostable. Pertaining to our fleet complying with California Air Resources Board (“CARB”), we are now required to convert our exis�ng heavy-duty vehicles to zero emission vehicles (“ZEV”) under the Advanced Clean Fleets (“ACF”) rulemaking beginning in 2027. As an essen�al service provider, we are working diligently to prepare for the future in garnering an understanding with addressing significant challenges in implementa�on. Currently, we will need to evaluate batery range op�ons with ZEVs, which impact driving distance, and loss of payload efficiency, which impacts amount of material collec�on. Given the legisla�ve and regulatory changes, we have put an emphasis on keeping the community informed and engaged in these efforts through outreach and events. We deeply value our rela�onship with Tiburon and are commited to providing the best service for our customers. We appreciate your considera�on and support. Thank you for your �me and aten�on to this mater. If you have ques�ons, comments, or concerns, please do not hesitate to contact us. 4/1/2024 Mill Valley Refuse Service Rate Application - 2024/2025 Page Index Summarized Financial Results 1 Expected Revenue, Expenses, Pass-Through, Exclusions, and Rate Change Necessary Revenues 2 Basis - Calendar 2023 3 Expectations - Rate year 2024/2025 4 Debris Revenues Expenses Summary 5 Basis - Calendar 2023 6 Expectations - Rate Year 2024/2025 7 - 17 Allocations by Jurisdiction Details 18-19 Depreciation, New Equipment Purchases for 2024/2025 20 Dump Costs 21 Insurance 22 Employee Costs 23 Street Sweeping Summary of Pass-Through, Adjustments, and Disallowed Items 24 Pass-Through Expenses 25 City Services 26 Dump Cost Caps 27 Fixed Franchise Fees/Road Impact 28 Adjustments and Disallowed Expenses Assumptions 29 Summary Allocation Methodology 30-36 Truck Route Hours: Garbage, Compost and Recycling Routes 37 Billings by Jurisdiction 38 CPI, and history thereof 39 Imputed Rent Mill Valley Refuse Service Summary Revenue, Expenses, Pass-through and Exclusions, and Rate Change Necessary MILL CORTE 2024/2025 VALLEY BELVEDERE MADERA ALTO TIBURON COUNTY HOMESTEAD STRAWBERRY ALMONTE DEBRIS TOTAL Projected Net Revenue 6,190,688 956,271 3,857,169 459,569 3,747,226 813,534 653,902 1,992,789 501,988 85,700 19,258,837 Page 3 Franchise Fees 1,176,299 105,856 959,709 18,791 574,079 143,016 26,905 182,188 9,681 - 3,196,523 Page 3 Total Revenue 7,366,987 1,062,127 4,816,878 478,360 4,321,305 956,550 680,806 2,174,977 511,669 85,700 22,455,361 Operating Costs 6,151,387 943,533 3,899,706 444,389 3,654,885 744,741 645,708 1,909,253 497,277 110,681 19,001,561 Page 7 Franchise Fees 1,176,299 105,856 959,709 18,791 574,079 143,016 26,905 182,188 9,681 - 3,196,523 Page 3 Total Operating Costs 7,327,686 1,049,389 4,859,415 463,180 4,228,964 887,757 672,612 2,091,441 506,958 110,681 22,198,084 Less: Pass-through Expenses 242,403 15,119 62,766 7,221 78,735 12,105 10,497 30,660 7,965 705 468,177 Page 24 Less: Adjustments and Excluded Expenses 107,762 18,711 190,392 6,483 103,109 10,682 10,410 27,097 7,226 481,873 Page 28 Less: Franchise Fees 1,176,299 105,856 959,709 18,791 574,079 143,016 26,905 182,188 9,681 - 3,196,523 Page 3 Profit Basis 5,801,222 909,703 3,646,547 430,685 3,473,041 721,953 624,800 1,851,496 482,086 109,976 18,051,511 Operating Ratio Allowance (90%)644,580 101,078 364,655 47,854 385,893 80,217 69,422 205,722 53,565 12,220 1,965,206 Calculation Add: Pass-through Expenses 242,403 15,119 62,766 7,221 78,735 12,105 10,497 30,660 7,965 705 468,177 Page 24 Add: Adjustments After Operating Ratio 17,113 6,723 84,291 709 7,802 1,255 (847) 3,074 (681) 119 119,558 Page 28 Add: Franchise Fees at Required Rates 1,276,895 113,989 1,018,492 23,648 722,294 143,696 34,018 231,986 10,527 - 3,575,547 Calculation Revenue Requirement 7,982,213 1,146,612 5,176,752 510,117 4,667,766 959,227 737,891 2,322,939 553,463 123,020 24,179,999 Net Excess (Deficiency)(615,226) (84,485) (359,873) (31,757) (346,460) (2,677) (57,085) (147,962) (41,793) (37,320) (1,724,638) Allocated debris excess (8,845) (775) (14,756) (899) (5,734) (2,120) (1,433) (1,965) (793) 37,320 - Net Excess (Deficiency)(624,071) (85,260) (374,629) (32,656) (352,194) (4,797) (58,518) (149,926) (42,586) - (1,724,638) Percentage Excess (Deficiency)-8.47%-8.03%-7.78%-6.83%-8.15%-0.50%-8.60%-6.89%-8.32%0.00%-7.68% Page 1 MILL VALLEY REFUSE SERVICE Collection Revenues Actual for the Year of 2023 MILL CORTE VALLEY BELVEDERE MADERA ALTO TIBURON COUNTY HOMESTEAD STRAWBERRY ALMONTE OTHER TOTAL GARBAGE REVENUES 5,746,857$ 851,515$ 3,506,476$ 359,007$ 3,408,962$ 763,806$ 527,370$ 1,738,455$ 404,329$ -$ 17,306,777$ Page 3 RECYCLING REVENUES 1,178,762 116,276 734,965 68,824 589,914 103,323 92,056 349,595 72,353 - 3,306,068 Page 3 DEBRIS REVENUES 284,938 24,970 475,344 28,964 184,714 68,299 46,163 63,285 25,541 110,451 1,312,669 SCRAP REVENUES 15,691 1,548 9,784 916 7,853 1,375 1,225 4,654 963 - 44,009 COLLECTION REVENUES 7,226,248 994,309 4,726,568 457,711 4,191,443 936,804 666,814 2,155,988 503,186 110,451 21,969,523 32.9%4.5%21.5%2.1%19.1%4.3%3.0%9.8%2.3%0.5%100.0% FRANCHISE FEES PAID: GARBAGE 1,149,371$ 85,151$ 701,295$ 17,950$ 528,389$ 114,571$ 26,368$ 173,846$ 8,087$ 2,805,029$ DEBRIS 4,969 2,484 89,162 28,222 10,130 - 6,029 - 140,997 RECYCLING - 11,628 146,993 - - 15,498 - - 1,447 175,566 3% FEE - - - - - 27,401 - - - 27,401 TOTAL 1,154,341 99,264 937,450 17,950 556,612 167,601 26,368 179,874 9,534 - 3,148,993 NET COLLECTION REVENUES 6,071,907$ 895,045$ 3,789,118$ 439,761$ 3,634,832$ 769,203$ 640,446$ 1,976,114$ 493,652$ 110,451$ 18,820,530$ 21,969,523 PERCENTAGE OF NET TOTAL 32.26%4.76%20.13%2.34%19.31%4.09%3.40%10.50%2.62%0.59%100.00% FRANCHISE FEES PERCENTAGES: GARBAGE 20.00%10.00%20.00%5.00%15.50%15.00%5.00%10.00%2.00% DEBRIS 2.00%10.00%20.00%0.00%15.50%15.00%0.00%10.00%0.00% RECYCLING 0.00%10.00%20.00%0.00%0.00%15.00%0.00%0.00%2.00% This schedule presents the collection revenues for the Calendar Year 2023 and provides the basis for projecting the expected revenues in the new rate year, July 1, 2024 to June 30, 2025. Page 2 MILL VALLEY REFUSE SERVICE Collection Revenues Forecast for the Year 2024/2025 MILL CORTE VALLEY BELVEDERE MADERA ALTO TIBURON COUNTY HOMESTEAD STRAWBERRY ALMONTE DEBRIS TOTAL Garbage Revenues 5,853,001 887,284 3,564,891 375,825 3,519,021 778,976 538,091 1,758,594 409,900 17,685,584 Recycling Revenues 1,199,656 121,305 758,309 106,163 74,151 2,259,585 Debris Revenues 284,938 49,970 475,344 184,714 68,299 63,285 1,126,550 Page 4 Scrap Revenues - TOTAL 7,337,595 1,058,559 4,798,545 375,825 3,703,735 953,439 538,091 1,821,879 484,051 - 21,071,719 Garbage FF Fee %20.00%10.00%20.00%5.00%15.50%15.00%5.00%10.00%2.00% Debris FF Fee %2.00%10.00%20.00%0.00%15.50%15.00%0.00%10.00%0.00% Recycling FF Fee %0.00%10.00%20.00%0.00%0.00%15.00%0.00%0.00%2.00% Franchise Fees 1,176,299 105,856 959,709 18,791 574,079 143,016 26,905 182,188 9,681 - 3,196,523 Page 1 Average Franchise Fee %16.03%10.00%20.00%4.64%15.50%15.00%4.60%10.00%1.90% Recycling Revenues 71,663 601,516 93,881 343,985 1,111,045 Debris Revenues 28,964 46,163 25,541 85,451 186,119 Page 4 Scrap Revenues 15,691 1,548 9,784 916 7,853 1,375 1,225 4,654 963 44,009 Storage Box Rental Revenues 13,701 2,020 8,550 992 8,202 1,736 1,445 4,459 1,114 249 42,468 Net Collection Revenues 6,190,688 956,271 3,857,169 459,569 3,747,226 813,534 653,902 1,992,789 501,988 85,700 19,258,837 Page 1 Percentage of Net Revenues 32.14%4.97%20.03%2.39%19.46%4.22%3.40%10.35%2.61%0.44%100.00% 2023 Garbage Revenue 5,746,857 851,515 3,506,476 359,007 3,408,962 763,806 527,370 1,738,455 404,329 17,306,777 Page 2 Plus (Less) RE Service Adjustments 92,047 29,272 38,227 4,630 54,936 8,914 10,560 15,000 7,726 261,311 Plus (Less) CO Service Adjustments (1,504) 1,930 (34,809) 1,937 44,775 5,326 (96) 5,480 (2,559) 20,481 Plus (Less) AP Service Adjustments 15,601 4,568 54,997 10,251 10,347 930 257 (341) 404 97,015 Expected 2024-2025 Net Garbage Revenue 5,853,001 887,284 3,564,891 375,825 3,519,021 778,976 538,091 1,758,594 409,900 - 17,685,584 2023 Recycling Revenue 1,178,762 116,276 734,965 68,824 589,914 103,323 92,056 349,595 72,353 - 3,306,068 Page 2 Plus (Less) Service Adjustments 20,894 5,029 23,344 2,839 11,601 2,840 1,826 (5,609) 1,799 64,562 Expected 2024-2025 Net Recycling Revenue 1,199,656 121,305 758,309 71,663 601,516 106,163 93,881 343,985 74,151 3,370,630 The forecasted revenue for 2024/2025 is based upon the calendar year results for 2023 adjusted for the changes in service levels and the rate structure. Calendar Year 2023 includes revenues from both the Rate Year ended June 30, 2022 and June 30, 2023. To adjust for Residential Changes, we evaluated the changes in the level of service and rate adjustment from January 2024 to June 2024 from the Rate Year ended June 30, 2023. To adjust for Apartment Changes, we evaluated the changes in the level of service and rate adjustment from January 2024 to June 2024. We expect that, prior to any necessary rate change, that the revenue will be earned for 6 additional months at the rates effective from the Rate Year ending June 30, 2023. To adjust for Commercial Changes, we evaluated Q1 results in 2024 annualized, which includes the 2023/2024 rate year rates and our best estimate of service levels for those customers in the new rate year. Page 3 MILL VALLEY REFUSE SERVICE Debris Box Revenues MILL CORTE MISC. VALLEY BELVEDERE MADERA ALTO TIBURON COUNTY HOMESTEAD STRAWBERRY ALMONTE AREAS TOTAL 2023 DEBRIS 284,938 24,970 475,344 28,964 184,714 68,299 46,163 63,285 25,541 110,451 1,312,669 4 YARD BOXES 0 0 0 0 0 0 0 0 0 0 0 OTHER 0 0 0 0 0 0 0 0 0 0 0 TOTAL BOX REVENUE 284,938 24,970 475,344 28,964 184,714 68,299 46,163 63,285 25,541 110,451 1,312,669 PERCENTAGE 21.71%1.90%36.21%2.21%14.07%5.20%3.52%4.82%1.95%8.41%100.00% Actual Franchise Fees (4,969)(2,484)(89,162)0 (28,222)(10,130)0 (6,029)0 0 (140,997) PROJECTED REVENUES 2024 / 2025 TOTAL PROJECTED REVENUES 284,938 49,970 475,344 28,964 184,714 68,299 46,163 63,285 25,541 85,451 1,312,669 Page 3 x 2%x10% x 20% x 0% x15.5%x15% x 0% x 10% x 0% x 0% EST. FRANCHISE FEES 5,699 4,997 95,069 0 28,631 10,245 0 6,329 0 0 150,970 NET PROJECTED REVENUES 279,239 44,973 380,275 28,964 156,083 58,054 46,163 56,956 25,541 85,451 1,161,699 Page 4 MILL VALLEY REFUSE SERVICE FINANCIAL STATEMENT SUMMARY - SCHEDULE OF OPERATING INCOME (LOSS) Calendar Year 2023 - Allocations Based upon Expectations and Contract Stipulations The actual 2023 income and expenses form the basis of the projected expenses for 2024/2025 rate year adjusted for contractual obligations, market changes, and cost of living. 12/31/2023 FRANCHISE STREET PORTABLE ACTUAL COLLECTION SWEEPING TOILETS INCOME Collection services revenue 21,005,383 21,005,383$ -$ Debris box revenue 1,312,669 1,312,669 Storage box revenue 42,468 42,468 Recycling redemption revenue 44,009 44,009 Street sweeping income - - Portable Toilets 1,553,067 - 1,553,067 Damage Waiver 86,925 - 86,925 Miscellaneous revenue 53,049 53,049 Total revenue 24,097,570$ 22,457,578$ -$ 1,639,992$ EXPENSES Accounting 21,825 20,734$ 1,091$ Advertising and promotion 15,818 5,974 9,844 Computer expense 176,891 176,891 Depreciation 1,050,015 956,681 28,587 64,747 Dump expense 2,384,941 2,348,532 36,409 Road Impact Fees/Flat 214,910 214,910 Franchise Fees -%3,148,993 3,148,993 Insurance (less Director)1,047,657 984,797 10,477 52,383 Insurance - workers comp.1,200,071 1,073,441 10,557 116,073 Interest 160,349 146,158 14,191 Legal and professional 195,587 195,587 Licenses - trucks 79,571 71,863 2,083 5,625 Licenses - other 31,903 25,267 6,635 Building/Office Maintenance and repairs 51,981 51,981 General Office Expenses 257,775 242,309 2,578 12,889 JPA Office of waste management fees 305,508 305,508 Porta Potty Expenses 116,572 - 116,572 Safety Plan/DOT Tests 51,010 51,010 Salaries and wages - Franchise 5,086,692 5,086,692 Salaries excluded and non franchise 1,787,286 1,180,480 27,124 579,682 Taxes - payroll 486,931 443,947 1,921 41,063 Taxes - real estate and business property 111,271 104,594 1,113 5,564 Telephone 34,530 32,458 345 1,727 Truck - parts repairs 668,505 649,906 6,685 11,914 Truck - tires 130,889 123,036 1,309 6,544 Truck - fuel and oil 1,126,314 1,058,736 11,263 56,316 Union - health and welfare 1,654,897 1,437,947 22,526 194,424 Union - pension 1,450,895 1,280,386 9,217 161,292 Utilities 55,043 51,741 550 2,752 Total expenses 23,104,631 21,470,559$ 136,336$ 1,497,736$ INCOME (LOSS) FROM OPERATIONS 992,939$ 987,019$ (136,336)$ 142,256$ Page 5 MILL VALLEY REFUSE SERVICE FINANCIAL STATEMENT SUMMARY - SCHEDULE OF OPERATING INCOME (LOSS) Rate Year 2024/2025 - Allocations Based upon Expectations and Contract Stipulations The actual 2023 expenses form the basis of the projected expenses for 2024/2025 rate year, adjusted for contractual obligations, market changes, and cost of living. See referenced source for further information FRANCHISE 2024/2025 COLLECTION STREET PORTABLE EXPECTED (to Allocation, Page 7)SWEEPING TOILETS INCOME Collection services revenue 21,056,214 21,056,214$ -$ Page 3 Debris box revenue 1,312,669 1,312,669 Page 3 Storage box revenue 42,468 42,468 Page 3 Recycling redemption revenue 44,009 44,009 Page 3 Street sweeping income - - - Portable Toilets 1,553,067 - 1,553,067 Damage Waiver 86,925 - 86,925 Miscellaneous revenue - - Total revenue 24,095,352$ 22,455,361$ -$ 1,639,992$ EXPENSES Accounting 22,633$ 21,501$ 1,132$ Advertising and promotion 16,403 5,741 10,662 Computer expense 183,436 183,436 Depreciation 1,075,459 984,052 28,500 62,907 Page 18 Dump expense 2,811,985 2,774,665 - 37,320 Page 20 Road Impact Fees/Flat 163,994 163,994 Page 27 Franchise Fees -%3,196,523 3,196,523 Page 3 Insurance (less Director)1,126,260 1,058,684 11,263 56,313 Page 21 Insurance - workers comp.1,056,600 923,003 11,721 121,876 Page 21 Interest 160,349 146,158 14,191 Legal and professional 179,871 169,871 10,000 Licenses - trucks 79,571 71,082 2,083 6,406 Licenses - other 31,903 24,970 6,933 Building/Office Maintenance and repairs 53,904 53,904 General Office Expenses 267,313 251,274 2,673 13,366 JPA Office of waste management fees 316,812 316,812 Porta Potty Expenses 120,885 - 120,885 Safety Plan/DOT Tests 52,898 52,898 Salaries and wages - Franchise 5,492,213 5,492,213 Page 22 Salaries excluded and non franchise 1,899,632 1,050,094 64,116 785,422 Page 22 Taxes - payroll 506,059 447,898 4,389 53,771 Page 22 Taxes - real estate and business property 115,388 108,464 1,154 5,769 Telephone 35,808 33,659 358 1,790 Truck - parts repairs 693,240 665,933 6,932 20,374 Truck - tires 135,732 127,588 1,357 6,787 Truck - fuel and oil 1,167,988 1,097,909 11,680 58,399 Union - health and welfare 1,621,758 1,350,802 10,108 260,848 Page 22 Union - pension 1,422,746 1,205,350 9,044 208,352 Page 22 Utilities 57,080 53,655 571 2,854 Total expenses 24,064,441$ 22,032,135$ 165,949$ 1,866,357$ INCOME (LOSS) FROM OPERATIONS 30,911$ 423,226$ (165,949)$ (226,365)$ Page 6 MILL VALLEY REFUSE SERVICE Schedule of Operating Income (Loss) FOR THE PROJECTED RATE YEAR : 2024/2025 Franchise Operations Only DIRECT SHARED Projected COSTS COSTS ITEM #PERCENT AMOUNT INCOME Net Collection Revenues (net of franchise fees)19,258,837 19,258,837 6,190,688.39 EXPENSES Accounting 21,501 - 21,501 1 31.03%6,672.79 Advertising and promotion 5,741 - 5,741 5 32.14%1,845.43 Computer expense 183,436 - 183,436 5 32.14%58,964.96 Depreciation 984,052 - 984,052 8 31.80%312,918.47 Dump expense 2,774,665 - 2,774,665 9 31.20%865,778.90 Road impact fees/admin fees 163,994 (163,994) - DIRECT 148,993.60 Insurance 1,058,684 - 1,058,684 2 30.73%325,374.56 Insurance - workers comp.923,003 - 923,003 7 31.80%293,505.73 Interest 146,158 - 146,158 3 30.07%43,949.53 Legal and professional 169,871 - 169,871 5 32.14%54,604.58 Licenses - trucks 71,082 - 71,082 3 30.07%21,374.37 Licenses - other 24,970 - 24,970 5 32.14%8,026.44 Building/Office Maintenance and repairs 53,904 - 53,904 5 32.14%17,327.22 Office Rent - imputed see calculation below General Office Expenses 251,274 - 251,274 5 32.14%80,771.30 JPA Office of waste management fees 316,812 - 316,812 5 32.14%101,838.08 Safety Plan/DOT Tests 52,898 - 52,898 7 31.80%16,820.98 Salaries and wages - franchise 5,492,213 - 5,492,213 6 32.86%1,804,513.21 Salaries and wages - officers 1,050,094 - 1,050,094 7 31.80%333,919.36 Taxes - payroll 447,898 - 447,898 7 31.80%142,426.98 Taxes - real estate and business property 108,464 - 108,464 6 32.86%35,636.93 Telephone 33,659 - 33,659 1 31.03%10,446.15 Truck - parts & repairs 665,933 - 665,933 3 30.07%200,245.64 Truck - tires 127,588 - 127,588 3 30.07%38,365.62 Truck - fuel 1,097,909 - 1,097,909 3 30.07%330,140.41 Union - health and welfare 1,350,802 - 1,350,802 7 31.80%429,541.41 Union - pension 1,205,350 - 1,205,350 7 31.80%383,289.20 Utilities 53,655 53,655 1 31.03%16,651.85 Street Sweeping Costs Allocated 165,949 (165,949) - DIRECT 67,443.45 Total expenses to Page 1. from page 6 19,001,561 (329,943) 18,671,618 6,151,387.17 INCOME (LOSS) FROM OPERATIONS 257,277 329,943 587,219 39,301.22 Imputed Return on Rent - Operating Margin Method 29,711 - 29,711 Imputed Return on Rent - Cost Plus 10%26,740 - 26,740 Expenses are allocated to each jurisdiction based upon what generally drives the cost. For example, fuel costs are allocated based upon truck hours spent in each jurisdiction. We allocate based upon Revenues, Number of Billings, Labor Hours, and Truck Hours. There are also direct costs, such as street sweeping and road impact fees that are allocated directly. MILL VALLEY ALLOCATION Pages 7 MILL VALLEY REFUSE SERVICE Schedule of Operating Income (Loss) FOR THE PROJECTED RATE YEAR : 2024/2025 Franchise Operations Only DIRECT SHARED Projected COSTS COSTS INCOME Net Collection Revenues (net of franchise fees)19,258,837 19,258,837 EXPENSES Accounting 21,501 - 21,501 Advertising and promotion 5,741 - 5,741 Computer expense 183,436 - 183,436 Depreciation 984,052 - 984,052 Dump expense 2,774,665 - 2,774,665 Road impact fees/admin fees 163,994 (163,994) - Insurance 1,058,684 - 1,058,684 Insurance - workers comp.923,003 - 923,003 Interest 146,158 - 146,158 Legal and professional 169,871 - 169,871 Licenses - trucks 71,082 - 71,082 Licenses - other 24,970 - 24,970 Building/Office Maintenance and repairs 53,904 - 53,904 Office Rent - imputed see calculation below General Office Expenses 251,274 - 251,274 JPA Office of waste management fees 316,812 - 316,812 Safety Plan/DOT Tests 52,898 - 52,898 Salaries and wages - franchise 5,492,213 - 5,492,213 Salaries and wages - officers 1,050,094 - 1,050,094 Taxes - payroll 447,898 - 447,898 Taxes - real estate and business property 108,464 - 108,464 Telephone 33,659 - 33,659 Truck - parts & repairs 665,933 - 665,933 Truck - tires 127,588 - 127,588 Truck - fuel 1,097,909 - 1,097,909 Union - health and welfare 1,350,802 - 1,350,802 Union - pension 1,205,350 - 1,205,350 Utilities 53,655 53,655 Street Sweeping Costs Allocated 165,949 (165,949) - Total expenses to Page 1. from page 6 19,001,561 (329,943) 18,671,618 INCOME (LOSS) FROM OPERATIONS 257,277 329,943 587,219 Imputed Return on Rent - Operating Margin Method 29,711 - 29,711 Imputed Return on Rent - Cost Plus 10%26,740 - 26,740 Expenses are allocated to each jurisdiction based upon what generally drives the cost. For example, fuel costs are allocated based upon truck hours spent in each jurisdiction. We allocate based upon Revenues, Number of Billings, Labor Hours, and Truck Hours. There are also direct costs, such as street sweeping and road impact fees that are allocated directly. ITEM #PERCENT AMOUNT 956,270.98 1 5.80%1,247.98 5 4.97%285.06 5 4.97%9,108.27 8 5.04%49,633.73 9 5.33%147,990.82 DIRECT - 2 4.73%50,096.37 7 5.04%46,554.57 3 4.96%7,250.39 5 4.97%8,434.73 3 4.96%3,526.15 5 4.97%1,239.84 5 4.97%2,676.52 5 4.97%12,476.68 5 4.97%15,730.85 7 5.04%2,668.07 6 5.02%275,787.59 7 5.04%52,964.80 7 5.04%22,591.13 6 5.02%5,446.47 1 5.80%1,953.70 3 4.96%33,034.71 3 4.96%6,329.21 3 4.96%54,463.57 7 5.04%68,131.94 7 5.04%60,795.62 1 5.80%3,114.32 943,533.10 12,737.88 5 4.97%1,475.28 BELVEDERE ALLOCATION Pages 8 MILL VALLEY REFUSE SERVICE Schedule of Operating Income (Loss) FOR THE PROJECTED RATE YEAR : 2024/2025 Franchise Operations Only DIRECT SHARED Projected COSTS COSTS INCOME Net Collection Revenues (net of franchise fees)19,258,837 19,258,837 EXPENSES Accounting 21,501 - 21,501 Advertising and promotion 5,741 - 5,741 Computer expense 183,436 - 183,436 Depreciation 984,052 - 984,052 Dump expense 2,774,665 - 2,774,665 Road impact fees/admin fees 163,994 (163,994) - Insurance 1,058,684 - 1,058,684 Insurance - workers comp.923,003 - 923,003 Interest 146,158 - 146,158 Legal and professional 169,871 - 169,871 Licenses - trucks 71,082 - 71,082 Licenses - other 24,970 - 24,970 Building/Office Maintenance and repairs 53,904 - 53,904 Office Rent - imputed see calculation below General Office Expenses 251,274 - 251,274 JPA Office of waste management fees 316,812 - 316,812 Safety Plan/DOT Tests 52,898 - 52,898 Salaries and wages - franchise 5,492,213 - 5,492,213 Salaries and wages - officers 1,050,094 - 1,050,094 Taxes - payroll 447,898 - 447,898 Taxes - real estate and business property 108,464 - 108,464 Telephone 33,659 - 33,659 Truck - parts & repairs 665,933 - 665,933 Truck - tires 127,588 - 127,588 Truck - fuel 1,097,909 - 1,097,909 Union - health and welfare 1,350,802 - 1,350,802 Union - pension 1,205,350 - 1,205,350 Utilities 53,655 53,655 Street Sweeping Costs Allocated 165,949 (165,949) - Total expenses to Page 1. from page 6 19,001,561 (329,943) 18,671,618 INCOME (LOSS) FROM OPERATIONS 257,277 329,943 587,219 Imputed Return on Rent - Operating Margin Method 29,711 - 29,711 Imputed Return on Rent - Cost Plus 10%26,740 - 26,740 Expenses are allocated to each jurisdiction based upon what generally drives the cost. For example, fuel costs are allocated based upon truck hours spent in each jurisdiction. We allocate based upon Revenues, Number of Billings, Labor Hours, and Truck Hours. There are also direct costs, such as street sweeping and road impact fees that are allocated directly. ITEM #PERCENT AMOUNT 3,857,169.39 1 20.01%4,301.34 5 20.03%1,149.82 5 20.03%36,738.70 8 21.58%212,404.32 9 20.77%576,316.68 DIRECT 9,000.00 2 21.90%231,812.13 7 21.58%199,227.24 3 21.07%30,790.22 5 20.03%34,021.92 3 21.07%14,974.49 5 20.03%5,000.95 5 20.03%10,795.89 5 20.03%50,325.36 5 20.03%63,451.22 7 21.58%11,417.83 6 19.16%1,052,218.20 7 21.58%226,659.41 7 21.58%96,677.28 6 19.16%20,780.02 1 20.01%6,733.68 3 21.07%140,288.37 3 21.07%26,878.24 3 21.07%231,290.23 7 21.58%291,566.21 7 21.58%260,170.90 1 20.01%10,733.92 DIRECT 43,981.44 3,899,706.01 (42,536.62) 5 20.03%5,355.56 CORTE MADERA ALLOCATION Pages 9 MILL VALLEY REFUSE SERVICE Schedule of Operating Income (Loss) FOR THE PROJECTED RATE YEAR : 2024/2025 Franchise Operations Only DIRECT SHARED Projected COSTS COSTS INCOME Net Collection Revenues (net of franchise fees)19,258,837 19,258,837 EXPENSES Accounting 21,501 - 21,501 Advertising and promotion 5,741 - 5,741 Computer expense 183,436 - 183,436 Depreciation 984,052 - 984,052 Dump expense 2,774,665 - 2,774,665 Road impact fees/admin fees 163,994 (163,994) - Insurance 1,058,684 - 1,058,684 Insurance - workers comp.923,003 - 923,003 Interest 146,158 - 146,158 Legal and professional 169,871 - 169,871 Licenses - trucks 71,082 - 71,082 Licenses - other 24,970 - 24,970 Building/Office Maintenance and repairs 53,904 - 53,904 Office Rent - imputed see calculation below General Office Expenses 251,274 - 251,274 JPA Office of waste management fees 316,812 - 316,812 Safety Plan/DOT Tests 52,898 - 52,898 Salaries and wages - franchise 5,492,213 - 5,492,213 Salaries and wages - officers 1,050,094 - 1,050,094 Taxes - payroll 447,898 - 447,898 Taxes - real estate and business property 108,464 - 108,464 Telephone 33,659 - 33,659 Truck - parts & repairs 665,933 - 665,933 Truck - tires 127,588 - 127,588 Truck - fuel 1,097,909 - 1,097,909 Union - health and welfare 1,350,802 - 1,350,802 Union - pension 1,205,350 - 1,205,350 Utilities 53,655 53,655 Street Sweeping Costs Allocated 165,949 (165,949) - Total expenses to Page 1. from page 6 19,001,561 (329,943) 18,671,618 INCOME (LOSS) FROM OPERATIONS 257,277 329,943 587,219 Imputed Return on Rent - Operating Margin Method 29,711 - 29,711 Imputed Return on Rent - Cost Plus 10%26,740 - 26,740 Expenses are allocated to each jurisdiction based upon what generally drives the cost. For example, fuel costs are allocated based upon truck hours spent in each jurisdiction. We allocate based upon Revenues, Number of Billings, Labor Hours, and Truck Hours. There are also direct costs, such as street sweeping and road impact fees that are allocated directly. ITEM #PERCENT AMOUNT 459,568.88 1 1.93%415.51 5 2.39%137.00 5 2.39%4,377.29 8 2.39%23,548.53 9 2.49%69,105.85 DIRECT - 2 2.22%23,521.33 7 2.39%22,087.64 3 2.32%3,385.65 5 2.39%4,053.60 3 2.32%1,646.57 5 2.39%595.85 5 2.39%1,286.29 5 2.39%5,996.10 5 2.39%7,560.00 7 2.39%1,265.86 6 2.37%130,314.66 7 2.39%25,128.95 7 2.39%10,718.28 6 2.37%2,573.56 1 1.93%650.48 3 2.32%15,425.90 3 2.32%2,955.49 3 2.32%25,432.33 7 2.39%32,324.94 7 2.39%28,844.25 1 1.93%1,036.90 444,388.79 15,180.09 5 2.39%709.00 ALTO ALLOCATION Pages 10 MILL VALLEY REFUSE SERVICE Schedule of Operating Income (Loss) FOR THE PROJECTED RATE YEAR : 2024/2025 Franchise Operations Only DIRECT SHARED Projected COSTS COSTS INCOME Net Collection Revenues (net of franchise fees)19,258,837 19,258,837 EXPENSES Accounting 21,501 - 21,501 Advertising and promotion 5,741 - 5,741 Computer expense 183,436 - 183,436 Depreciation 984,052 - 984,052 Dump expense 2,774,665 - 2,774,665 Road impact fees/admin fees 163,994 (163,994) - Insurance 1,058,684 - 1,058,684 Insurance - workers comp.923,003 - 923,003 Interest 146,158 - 146,158 Legal and professional 169,871 - 169,871 Licenses - trucks 71,082 - 71,082 Licenses - other 24,970 - 24,970 Building/Office Maintenance and repairs 53,904 - 53,904 Office Rent - imputed see calculation below General Office Expenses 251,274 - 251,274 JPA Office of waste management fees 316,812 - 316,812 Safety Plan/DOT Tests 52,898 - 52,898 Salaries and wages - franchise 5,492,213 - 5,492,213 Salaries and wages - officers 1,050,094 - 1,050,094 Taxes - payroll 447,898 - 447,898 Taxes - real estate and business property 108,464 - 108,464 Telephone 33,659 - 33,659 Truck - parts & repairs 665,933 - 665,933 Truck - tires 127,588 - 127,588 Truck - fuel 1,097,909 - 1,097,909 Union - health and welfare 1,350,802 - 1,350,802 Union - pension 1,205,350 - 1,205,350 Utilities 53,655 53,655 Street Sweeping Costs Allocated 165,949 (165,949) - Total expenses to Page 1. from page 6 19,001,561 (329,943) 18,671,618 INCOME (LOSS) FROM OPERATIONS 257,277 329,943 587,219 Imputed Return on Rent - Operating Margin Method 29,711 - 29,711 Imputed Return on Rent - Cost Plus 10%26,740 - 26,740 Expenses are allocated to each jurisdiction based upon what generally drives the cost. For example, fuel costs are allocated based upon truck hours spent in each jurisdiction. We allocate based upon Revenues, Number of Billings, Labor Hours, and Truck Hours. There are also direct costs, such as street sweeping and road impact fees that are allocated directly. ITEM #PERCENT AMOUNT 3,747,226.44 1 19.18%4,124.71 5 19.46%1,117.04 5 19.46%35,691.52 8 19.27%189,583.02 9 19.55%542,415.70 DIRECT 6,000.00 2 18.23%193,034.33 7 19.27%177,821.72 3 18.36%26,829.65 5 19.46%33,052.18 3 18.36%13,048.31 5 19.46%4,858.41 5 19.46%10,488.17 5 19.46%48,890.91 5 19.46%61,642.64 7 19.27%10,191.06 6 19.79%1,086,793.58 7 19.27%202,306.50 7 19.27%86,290.01 6 19.79%21,462.84 1 19.18%6,457.17 3 18.36%122,242.98 3 18.36%23,420.88 3 18.36%201,539.20 7 19.27%260,239.54 7 19.27%232,217.43 1 19.18%10,293.15 DIRECT 42,832.73 3,654,885.36 92,341.08 5 19.46%5,781.00 TIBURON ALLOCATION Pages 11 MILL VALLEY REFUSE SERVICE Schedule of Operating Income (Loss) FOR THE PROJECTED RATE YEAR : 2024/2025 Franchise Operations Only DIRECT SHARED Projected COSTS COSTS INCOME Net Collection Revenues (net of franchise fees)19,258,837 19,258,837 EXPENSES Accounting 21,501 - 21,501 Advertising and promotion 5,741 - 5,741 Computer expense 183,436 - 183,436 Depreciation 984,052 - 984,052 Dump expense 2,774,665 - 2,774,665 Road impact fees/admin fees 163,994 (163,994) - Insurance 1,058,684 - 1,058,684 Insurance - workers comp.923,003 - 923,003 Interest 146,158 - 146,158 Legal and professional 169,871 - 169,871 Licenses - trucks 71,082 - 71,082 Licenses - other 24,970 - 24,970 Building/Office Maintenance and repairs 53,904 - 53,904 Office Rent - imputed see calculation below General Office Expenses 251,274 - 251,274 JPA Office of waste management fees 316,812 - 316,812 Safety Plan/DOT Tests 52,898 - 52,898 Salaries and wages - franchise 5,492,213 - 5,492,213 Salaries and wages - officers 1,050,094 - 1,050,094 Taxes - payroll 447,898 - 447,898 Taxes - real estate and business property 108,464 - 108,464 Telephone 33,659 - 33,659 Truck - parts & repairs 665,933 - 665,933 Truck - tires 127,588 - 127,588 Truck - fuel 1,097,909 - 1,097,909 Union - health and welfare 1,350,802 - 1,350,802 Union - pension 1,205,350 - 1,205,350 Utilities 53,655 53,655 Street Sweeping Costs Allocated 165,949 (165,949) - Total expenses to Page 1. from page 6 19,001,561 (329,943) 18,671,618 INCOME (LOSS) FROM OPERATIONS 257,277 329,943 587,219 Imputed Return on Rent - Operating Margin Method 29,711 - 29,711 Imputed Return on Rent - Cost Plus 10%26,740 - 26,740 Expenses are allocated to each jurisdiction based upon what generally drives the cost. For example, fuel costs are allocated based upon truck hours spent in each jurisdiction. We allocate based upon Revenues, Number of Billings, Labor Hours, and Truck Hours. There are also direct costs, such as street sweeping and road impact fees that are allocated directly. ITEM #PERCENT AMOUNT 813,533.93 1 5.12%1,101.76 5 4.22%242.51 5 4.22%7,748.73 8 3.76%37,045.65 9 3.97%110,178.19 DIRECT - 2 3.53%37,368.00 7 3.76%34,747.43 3 3.69%5,397.87 5 4.22%7,175.72 3 3.69%2,625.20 5 4.22%1,054.77 5 4.22%2,277.01 5 4.22%10,614.36 5 4.22%13,382.80 7 3.76%1,991.39 6 4.16%228,632.12 7 3.76%39,531.90 7 3.76%16,861.58 6 4.16%4,515.20 1 5.12%1,724.78 3 3.69%24,594.12 3 3.69%4,712.06 3 3.69%40,547.77 7 3.76%50,852.36 7 3.76%45,376.67 1 5.12%2,749.42 DIRECT 11,691.67 744,741.06 68,792.87 5 4.22%1,255.07 COUNTY ALLOCATION Pages 12 MILL VALLEY REFUSE SERVICE Schedule of Operating Income (Loss) FOR THE PROJECTED RATE YEAR : 2024/2025 Franchise Operations Only DIRECT SHARED Projected COSTS COSTS INCOME Net Collection Revenues (net of franchise fees)19,258,837 19,258,837 EXPENSES Accounting 21,501 - 21,501 Advertising and promotion 5,741 - 5,741 Computer expense 183,436 - 183,436 Depreciation 984,052 - 984,052 Dump expense 2,774,665 - 2,774,665 Road impact fees/admin fees 163,994 (163,994) - Insurance 1,058,684 - 1,058,684 Insurance - workers comp.923,003 - 923,003 Interest 146,158 - 146,158 Legal and professional 169,871 - 169,871 Licenses - trucks 71,082 - 71,082 Licenses - other 24,970 - 24,970 Building/Office Maintenance and repairs 53,904 - 53,904 Office Rent - imputed see calculation below General Office Expenses 251,274 - 251,274 JPA Office of waste management fees 316,812 - 316,812 Safety Plan/DOT Tests 52,898 - 52,898 Salaries and wages - franchise 5,492,213 - 5,492,213 Salaries and wages - officers 1,050,094 - 1,050,094 Taxes - payroll 447,898 - 447,898 Taxes - real estate and business property 108,464 - 108,464 Telephone 33,659 - 33,659 Truck - parts & repairs 665,933 - 665,933 Truck - tires 127,588 - 127,588 Truck - fuel 1,097,909 - 1,097,909 Union - health and welfare 1,350,802 - 1,350,802 Union - pension 1,205,350 - 1,205,350 Utilities 53,655 53,655 Street Sweeping Costs Allocated 165,949 (165,949) - Total expenses to Page 1. from page 6 19,001,561 (329,943) 18,671,618 INCOME (LOSS) FROM OPERATIONS 257,277 329,943 587,219 Imputed Return on Rent - Operating Margin Method 29,711 - 29,711 Imputed Return on Rent - Cost Plus 10%26,740 - 26,740 Expenses are allocated to each jurisdiction based upon what generally drives the cost. For example, fuel costs are allocated based upon truck hours spent in each jurisdiction. We allocate based upon Revenues, Number of Billings, Labor Hours, and Truck Hours. There are also direct costs, such as street sweeping and road impact fees that are allocated directly. ITEM #PERCENT AMOUNT 653,901.54 1 6.15%1,323.27 5 3.40%194.93 5 3.40%6,228.27 8 3.56%35,028.44 9 3.55%98,443.23 DIRECT - 2 3.32%35,195.98 7 3.56%32,855.36 3 3.30%4,822.95 5 3.40%5,767.70 3 3.30%2,345.59 5 3.40%847.81 5 3.40%1,830.22 5 3.40%8,531.60 5 3.40%10,756.81 7 3.56%1,882.96 6 3.35%183,920.90 7 3.56%37,379.31 7 3.56%15,943.44 6 3.35%3,632.21 1 6.15%2,071.55 3 3.30%21,974.63 3 3.30%4,210.18 3 3.30%36,229.07 7 3.56%48,083.35 7 3.56%42,905.82 1 6.15%3,302.19 645,707.77 8,193.76 5 3.40%1,008.80 HOMESTEAD ALLOCATION Pages 13 MILL VALLEY REFUSE SERVICE Schedule of Operating Income (Loss) FOR THE PROJECTED RATE YEAR : 2024/2025 Franchise Operations Only DIRECT SHARED Projected COSTS COSTS INCOME Net Collection Revenues (net of franchise fees)19,258,837 19,258,837 EXPENSES Accounting 21,501 - 21,501 Advertising and promotion 5,741 - 5,741 Computer expense 183,436 - 183,436 Depreciation 984,052 - 984,052 Dump expense 2,774,665 - 2,774,665 Road impact fees/admin fees 163,994 (163,994) - Insurance 1,058,684 - 1,058,684 Insurance - workers comp.923,003 - 923,003 Interest 146,158 - 146,158 Legal and professional 169,871 - 169,871 Licenses - trucks 71,082 - 71,082 Licenses - other 24,970 - 24,970 Building/Office Maintenance and repairs 53,904 - 53,904 Office Rent - imputed see calculation below General Office Expenses 251,274 - 251,274 JPA Office of waste management fees 316,812 - 316,812 Safety Plan/DOT Tests 52,898 - 52,898 Salaries and wages - franchise 5,492,213 - 5,492,213 Salaries and wages - officers 1,050,094 - 1,050,094 Taxes - payroll 447,898 - 447,898 Taxes - real estate and business property 108,464 - 108,464 Telephone 33,659 - 33,659 Truck - parts & repairs 665,933 - 665,933 Truck - tires 127,588 - 127,588 Truck - fuel 1,097,909 - 1,097,909 Union - health and welfare 1,350,802 - 1,350,802 Union - pension 1,205,350 - 1,205,350 Utilities 53,655 53,655 Street Sweeping Costs Allocated 165,949 (165,949) - Total expenses to Page 1. from page 6 19,001,561 (329,943) 18,671,618 INCOME (LOSS) FROM OPERATIONS 257,277 329,943 587,219 Imputed Return on Rent - Operating Margin Method 29,711 - 29,711 Imputed Return on Rent - Cost Plus 10%26,740 - 26,740 Expenses are allocated to each jurisdiction based upon what generally drives the cost. For example, fuel costs are allocated based upon truck hours spent in each jurisdiction. We allocate based upon Revenues, Number of Billings, Labor Hours, and Truck Hours. There are also direct costs, such as street sweeping and road impact fees that are allocated directly. ITEM #PERCENT AMOUNT 1,992,789.33 1 6.34%1,362.36 5 10.35%594.05 5 10.35%18,980.89 8 9.92%97,639.84 9 10.34%286,854.45 DIRECT - 2 9.77%103,445.27 7 9.92%91,582.49 3 10.14%14,820.19 5 10.35%17,577.27 3 10.14%7,207.64 5 10.35%2,583.72 5 10.35%5,577.65 5 10.35%26,000.37 5 10.35%32,781.79 7 9.92%5,248.64 6 10.67%585,844.39 7 9.92%104,192.74 7 9.92%44,441.44 6 10.67%11,569.71 1 6.34%2,132.75 3 10.14%67,524.69 3 10.14%12,937.25 3 10.14%111,326.42 7 9.92%134,029.66 7 9.92%119,597.60 1 6.34%3,399.74 1,909,253.01 83,536.33 5 10.35%3,074.36 STRAWBERRY ALLOCATION Pages 14 MILL VALLEY REFUSE SERVICE Schedule of Operating Income (Loss) FOR THE PROJECTED RATE YEAR : 2024/2025 Franchise Operations Only DIRECT SHARED Projected COSTS COSTS INCOME Net Collection Revenues (net of franchise fees)19,258,837 19,258,837 EXPENSES Accounting 21,501 - 21,501 Advertising and promotion 5,741 - 5,741 Computer expense 183,436 - 183,436 Depreciation 984,052 - 984,052 Dump expense 2,774,665 - 2,774,665 Road impact fees/admin fees 163,994 (163,994) - Insurance 1,058,684 - 1,058,684 Insurance - workers comp.923,003 - 923,003 Interest 146,158 - 146,158 Legal and professional 169,871 - 169,871 Licenses - trucks 71,082 - 71,082 Licenses - other 24,970 - 24,970 Building/Office Maintenance and repairs 53,904 - 53,904 Office Rent - imputed see calculation below General Office Expenses 251,274 - 251,274 JPA Office of waste management fees 316,812 - 316,812 Safety Plan/DOT Tests 52,898 - 52,898 Salaries and wages - franchise 5,492,213 - 5,492,213 Salaries and wages - officers 1,050,094 - 1,050,094 Taxes - payroll 447,898 - 447,898 Taxes - real estate and business property 108,464 - 108,464 Telephone 33,659 - 33,659 Truck - parts & repairs 665,933 - 665,933 Truck - tires 127,588 - 127,588 Truck - fuel 1,097,909 - 1,097,909 Union - health and welfare 1,350,802 - 1,350,802 Union - pension 1,205,350 - 1,205,350 Utilities 53,655 53,655 Street Sweeping Costs Allocated 165,949 (165,949) - Total expenses to Page 1. from page 6 19,001,561 (329,943) 18,671,618 INCOME (LOSS) FROM OPERATIONS 257,277 329,943 587,219 Imputed Return on Rent - Operating Margin Method 29,711 - 29,711 Imputed Return on Rent - Cost Plus 10%26,740 - 26,740 Expenses are allocated to each jurisdiction based upon what generally drives the cost. For example, fuel costs are allocated based upon truck hours spent in each jurisdiction. We allocate based upon Revenues, Number of Billings, Labor Hours, and Truck Hours. There are also direct costs, such as street sweeping and road impact fees that are allocated directly. ITEM #PERCENT AMOUNT 501,988.30 1 4.42%951.19 5 2.61%149.64 5 2.61%4,781.33 8 2.67%26,249.69 9 2.80%77,581.09 DIRECT - 2 2.49%26,361.45 7 2.67%24,621.22 3 2.60%3,800.87 5 2.61%4,427.76 3 2.60%1,848.51 5 2.61%650.85 5 2.61%1,405.02 5 2.61%6,549.55 5 2.61%8,257.81 7 2.67%1,411.06 6 2.63%144,188.02 7 2.67%28,011.39 7 2.67%11,947.73 6 2.63%2,847.54 1 4.42%1,489.07 3 2.60%17,317.76 3 2.60%3,317.96 3 2.60%28,551.39 7 2.67%36,032.80 7 2.67%32,152.86 1 4.42%2,373.67 497,277.20 4,711.09 5 2.61%774.44 ALMONTE ALLOCATION Pages 15 MILL VALLEY REFUSE SERVICE Schedule of Operating Income (Loss) FOR THE PROJECTED RATE YEAR : 2024/2025 Franchise Operations Only DIRECT SHARED Projected COSTS COSTS INCOME Net Collection Revenues (net of franchise fees)19,258,837 19,258,837 EXPENSES Accounting 21,501 - 21,501 Advertising and promotion 5,741 - 5,741 Computer expense 183,436 - 183,436 Depreciation 984,052 - 984,052 Dump expense 2,774,665 - 2,774,665 Road impact fees/admin fees 163,994 (163,994) - Insurance 1,058,684 - 1,058,684 Insurance - workers comp.923,003 - 923,003 Interest 146,158 - 146,158 Legal and professional 169,871 - 169,871 Licenses - trucks 71,082 - 71,082 Licenses - other 24,970 - 24,970 Building/Office Maintenance and repairs 53,904 - 53,904 Office Rent - imputed see calculation below General Office Expenses 251,274 - 251,274 JPA Office of waste management fees 316,812 - 316,812 Safety Plan/DOT Tests 52,898 - 52,898 Salaries and wages - franchise 5,492,213 - 5,492,213 Salaries and wages - officers 1,050,094 - 1,050,094 Taxes - payroll 447,898 - 447,898 Taxes - real estate and business property 108,464 - 108,464 Telephone 33,659 - 33,659 Truck - parts & repairs 665,933 - 665,933 Truck - tires 127,588 - 127,588 Truck - fuel 1,097,909 - 1,097,909 Union - health and welfare 1,350,802 - 1,350,802 Union - pension 1,205,350 - 1,205,350 Utilities 53,655 53,655 Street Sweeping Costs Allocated 165,949 (165,949) - Total expenses to Page 1. from page 6 19,001,561 (329,943) 18,671,618 INCOME (LOSS) FROM OPERATIONS 257,277 329,943 587,219 Imputed Return on Rent - Operating Margin Method 29,711 - 29,711 Imputed Return on Rent - Cost Plus 10%26,740 - 26,740 Expenses are allocated to each jurisdiction based upon what generally drives the cost. For example, fuel costs are allocated based upon truck hours spent in each jurisdiction. We allocate based upon Revenues, Number of Billings, Labor Hours, and Truck Hours. There are also direct costs, such as street sweeping and road impact fees that are allocated directly. ITEM #PERCENT AMOUNT 85,700.23 1 0.00%- 5 0.44%25.55 5 0.44%816.28 DIRECT - DIRECT - DIRECT - 2 3.07%32,474.98 DIRECT - 3 3.50%5,110.41 5 0.44%755.91 3 3.50%2,485.39 5 0.44%111.11 5 0.44%239.87 5 0.44%1,118.15 5 0.44%1,409.79 DIRECT - 6 0.00%- DIRECT - DIRECT - 6 0.00%- 1 0.00%- 3 3.50%23,284.38 3 3.50%4,461.12 3 3.50%38,388.42 DIRECT - DIRECT - 1 0.00%- 110,681.35 (24,981.12) 5 0.44%118.99 DEBRIS ALLOCATION Pages 16 MILL VALLEY REFUSE SERVICE Schedule of Operating Income (Loss) FOR THE PROJECTED RATE YEAR : 2024/2025 Franchise Operations Only DIRECT SHARED Projected COSTS COSTS INCOME Net Collection Revenues (net of franchise fees)19,258,837 19,258,837 EXPENSES Accounting 21,501 - 21,501 Advertising and promotion 5,741 - 5,741 Computer expense 183,436 - 183,436 Depreciation 984,052 - 984,052 Dump expense 2,774,665 - 2,774,665 Road impact fees/admin fees 163,994 (163,994) - Insurance 1,058,684 - 1,058,684 Insurance - workers comp.923,003 - 923,003 Interest 146,158 - 146,158 Legal and professional 169,871 - 169,871 Licenses - trucks 71,082 - 71,082 Licenses - other 24,970 - 24,970 Building/Office Maintenance and repairs 53,904 - 53,904 Office Rent - imputed see calculation below General Office Expenses 251,274 - 251,274 JPA Office of waste management fees 316,812 - 316,812 Safety Plan/DOT Tests 52,898 - 52,898 Salaries and wages - franchise 5,492,213 - 5,492,213 Salaries and wages - officers 1,050,094 - 1,050,094 Taxes - payroll 447,898 - 447,898 Taxes - real estate and business property 108,464 - 108,464 Telephone 33,659 - 33,659 Truck - parts & repairs 665,933 - 665,933 Truck - tires 127,588 - 127,588 Truck - fuel 1,097,909 - 1,097,909 Union - health and welfare 1,350,802 - 1,350,802 Union - pension 1,205,350 - 1,205,350 Utilities 53,655 53,655 Street Sweeping Costs Allocated 165,949 (165,949) - Total expenses to Page 1. from page 6 19,001,561 (329,943) 18,671,618 INCOME (LOSS) FROM OPERATIONS 257,277 329,943 587,219 Imputed Return on Rent - Operating Margin Method 29,711 - 29,711 Imputed Return on Rent - Cost Plus 10%26,740 - 26,740 Expenses are allocated to each jurisdiction based upon what generally drives the cost. For example, fuel costs are allocated based upon truck hours spent in each jurisdiction. We allocate based upon Revenues, Number of Billings, Labor Hours, and Truck Hours. There are also direct costs, such as street sweeping and road impact fees that are allocated directly. ALLOCATION TOTAL 19,258,837.40 21,500.90 5,741.03 183,436.25 984,051.70 2,774,664.91 163,993.60 1,058,684.40 923,003.40 146,157.73 169,871.36 71,082.21 24,969.75 53,903.87 251,274.38 316,811.80 52,897.85 5,492,212.67 1,050,094.35 447,897.86 108,464.48 33,659.33 665,933.19 127,588.01 1,097,908.81 1,350,802.21 1,205,350.35 53,655.15 165,949.28 19,001,560.83 257,276.58 14,077.95 5,474.55 19,552.50 Pages 17 MILL VALLEY REFUSE SERVICE SCHEDULE OF DEPRECIATION DEPRECIATION OF NEW ASSETS TOTAL 2023 2024/2025 2024/2025 2024/2025 ACTUAL Projected FORECAST FORECAST BUILDING -$ -$ -$ -$ BUILDING IMPROVEMENTS 20,777 23,852 - 23,852 Equipment (Various)13,404 14,936 6,882 21,818 TRUCKS 525,681 394,853 110,714 505,567 EQUIPMENT (Tippers/Cans)272,151 263,467 44,944 308,411 SUBTOTAL 832,013 697,108 162,541 859,649 STREET SWEEPING 28,587 28,500 28,500 DEBRIS TRUCKS 87,106 83,031 - 83,031 DEBRIS BOXES 37,562 36,515 4,857 41,372 PORTABLE TOILETS TRUCKS 55,287 55,287 - 55,287 PORTABLE TOILETS EQ.9,460 7,620 - 7,620 TOTAL 1,050,015$ 908,061$ 167,398$ Page 19 1,075,459$ Page 6 The depreciation projection is based upon current assets plus new equipment to be added during the rate year. EXISTING ASSETS DEPRECIATION OF Page 18 MILL VALLEY REFUSE SERVICE PURCHASES 2023-2024 Price Per Basis Est. life Annual Office Equipment 2 230.00$ 460.00$ 5 92.00$ Replacement Monitors 460.00$ 92.00$ Shop Equipment 1 6,200.00$ $6,200.00 5 1,240.00$ Trolley Floor Jack 1 10,950.00$ $10,950.00 5 2,190.00$ MAXX80 Tire Changer 1 8,500.00$ $8,500.00 5 1,700.00$ Fire Alarm System Upgrade 1 500.00$ $500.00 5 100.00$ Forklift Man Cage 3 1,900.00$ $5,700.00 5 1,140.00$ Yard Cameras 1 2,100.00$ $2,100.00 5 420.00$ Shop Toughbook Laptops 33,950.00$ 6,790.00$ Tippers/Containers 35 756.00$ 26,460.00$ 7 3,780.00$ Con Fab 1 Yd Containers 28 1,100.00$ 30,800.00$ 7 4,400.00$ Con Fab 2 Yd Containers 325 53.00$ 17,225.00$ 7 2,460.71$ Otto/32 Gallon Cans 120 57.00$ 6,840.00$ 7 977.14$ Otto/45 Gallon Cans 3690 63.00$ 232,470.00$ 7 33,210.00$ Otto/64 Gallon Cans1268.00$ 816.00$ 7 116.57$ Otto/96 Gallon Cans 314,611.00$ 44,944.43$ Debris 3 $7,000.00 $21,000.00 7 3,000.00$ Con Fab 40 yard debris boxes 10 $1,300.00 $13,000.00 7 1,857.14$ Con Fab 4 yard debris boxes 34,000.00$ 4,857.14$ Trucks 1 $348,000.00 $348,000.00 7 49,714.29$ New Autocar 1 $302,000.00 $302,000.00 7 43,142.86$ Heil Rear Loader 1 $125,000.00 $125,000.00 7 17,857.14$ Truck Chassis $775,000.00 $110,714.29 Overall Total $1,158,021.00 $167,398 Page 19 MILL VALLEY REFUSE SERVICE SCHEDULE OF DUMP EXPENSES 2023 ACTUAL AMT 2023 2024/2025 FORECAST 2024/2025 TONS $ PER TON AMOUNT TONS $ PER TON AMOUNT REDWOOD LANDFILL Garbage 16,057.97 61.96 994,952.01 16,057.97 63.76 1,023,805.62 Green Waste (Roll-Off)1,335.05 35.05 46,793.50 1,361.75 36.07 49,113.52 Compost Foodwaste 11,040.82 51.19 565,179.44 11,040.82 52.67 581,569.64 Debris (C&D)2,347.86 61.96 145,473.35 2,347.86 63.76 149,692.08 Less: N/F Debris (197.55)61.96 (12,240.46)(197.55)63.76 (12,595.44) Concrete 837.21 837.21 - Dirt 3,661.34 3,697.95 - Total 35,083 1,740,157.84 35,146.01 1,791,585.42 MARIN RESOURCE RECOVERY CENTER Garbage 4.69 Dirt, Rock, and Concrete 4.81 Debris 1,471.68 162.71 239,455.39 1,530.06 172.27 263,582.92 Less: N/F Debris (123.83)162.71 (20,148.33)(123.83)172.27 (21,332.25) Recycling Single Stream 2,089.16 86.85 195,914.71 2,089.16 118.77 248,129.53 Cardboard 508.07 508.07 Yard Waste 48.88 4,003.46 415,221.77 4,003.46 490,380.21 MARIN SANITARY SERVICE Cmm'l Foodwaste 217.34 66.33 14,415.98 217.34 68.95 14,985.59 Cmm'l Foodwaste (Contaminat 1.14 0.00 Recycling Dual Stream 4,812.19 27.95 134,500.71 4,812.19 96.81 465,868.11 Trash 129.22 91.67 11,845.57 129.22 91.67 11,845.57 Total 5,159.89 160,762.26 5,158.75 492,699.28 STREET SWEEPING DEBRIS MRRC 0.00 0.00 0.00 0.00 0.00 0.00 Weighing Charges 0.00ACTUAL AMT CMSA GALLONS $ PER GALLONS Portable Toilet Sewage 239,680 0.15 36,409.42 239,680.00 0.16 37,319.66 TOTALS 283,926 2,352,551 283,988 2,811,984.56 RECAP RECYCLING AVERAGE AMT FORECAST AVG Recycling 6,901.35 47.88 330,415.42 6,901.35 103.46 713,997.65 Bailed Cardboard 508.07 0.00 508.07 0.00 Green Waste 12,643.23 49.54 626,388.92 12,619.91 51.16 645,668.76 20,052.65 47.71 956,804.34 20,029.33 67.88 1,359,666.41 RECAP Garbage 16,191.88 62.18 1,006,797.58 16,187.19 63.98 1,035,651.19 Debris 3,819.54 100.78 384,928.74 3,877.92 106.57 413,275.00 Less: N/F Debris (321.38)(32,388.79)(321.38)(33,927.68) Sweep Debris 0.00 0.00 0.00 0.00 Porta Potty (Gallons)239,680.00 0.15 36,409.42 239,680.00 0.16 37,319.66 Dirt, Rock, and Concrete 4,503.36 0.00 3,697.95 0.00 263,873.39 1,395,746.95 263,121.68 1,452,318.16 283,926.04 2,352,551.29 283,151.00 2,811,984.56 Page 20 MILL VALLEY REFUSE SERVICE SCHEDULE OF INSURANCE EXPENSES Actual Forecast 2023 2024/2025 Insurance Categories Property and General Liability 830,131 816,175 Umbrella Policy 257,912 300,000 Director Life - Omitted Other 4,510 10,085 1,092,552 1,126,260 Total Non WC Insurance 1,092,552 1,126,260 Page 6 Workers Compensation 860,777 1,056,600 Total Workers Comp 860,777 1,056,600 Page 6 Total Non Benefit Insurance 1,953,329 2,182,860 Excludes Director Life Insurance Page 21 MILL VALLEY REFUSE SERVICE Schedule of Employee Expenses 2023 2024/2025 Annual Paid Annual Paid Payroll Categories Actual Forecast Garbage and Debris 2,045,345 2,056,441 Recycling 1,463,390 1,647,199 Street Sweeping (separately allocated)27,124 64,116 Porta Potties 579,682 701,016 Shop 953,998 1,040,079 Office 596,835 737,493 Contract 11,000 11,000 Executive 1,141,046 1,134,501 Other 55,559 - Totals 6,873,978 7,391,845 Page 6 Payroll taxes 486,931 506,059 Page 6 Health Insurance 1,437,947 1,621,758 Page 6 Pension 1,280,386 1,422,746 Page 6 Total 10,079,243 10,942,409 Page 22 MILL VALLEY REFUSE SERVICE STREET SWEEPING FORECAST 2024/25 12/31/2023 2024/2025 ACTUAL FORECAST INCOME Street sweeping income 0 0 Total revenue -$ -$ EXPENSES Accounting 0 0 Advertising and promotion 0 0 Computer expense 0 0 Depreciation 28,587 28,500 Dump expense 0 0 Road Impact Fees/Flat 0 0 Franchise Fees -%0 0 Insurance (less Director)10,477 11,263 Insurance - workers comp.10,557 11,721 Interest 0 0 Legal and professional 0 0 Licenses - trucks 2,083 2,083 Licenses - other 0 0 Building/Office Maintenance and repairs 0 0 General Office Expenses 2,578 2,673 JPA Office of waste management fees 0 0 Porta Potty Expenses 0 0 Safety Plan/DOT Tests 0 0 Salaries and wages - Franchise 0 0 Salaries excluded and non franchise 27,124 64,116 Taxes - payroll 1,921 4,389 Taxes - real estate and business property 1,113 1,154 Telephone 345 358 Truck - parts repairs 6,685 6,932 Truck - tires 1,309 1,357 Truck - fuel and oil 11,263 11,680 Union - health and welfare 22,526 10,108 Union - pension 9,217 9,044 Utilities 550 571 Total expenses 136,336$ 165,949$ Page 6 INCOME (LOSS) FROM OPERATIONS (136,336)$ (165,949)$ # of Customers' Allocation:Billings Allocation Salary/Ben Else Total Mill Valley 55,408 67,443$ 4,286 40.64%35,625 31,819 67,443 Corte Madera 36,133 43,981$ 2,795 26.50%23,232 20,750 43,981 all dis Tiburon 35,189 42,833$ 2,722 25.81%22,625 20,208 42,833 salary dis County 9,605 11,692$ 743 7.05%6,176 5,516 11,692 Totals 136,336$ 165,949$ 10,546 87,657 78,292 165,949 Page 23 MILL VALLEY REFUSE SERVICE PASS-THROUGH EXPENSES* * Allowable expenses that are not included in the calculation of the Operating Ratio Allowance MILL CORTE 2024/2025 VALLEY BELVEDERE MADERA ALTO TIBURON COUNTY HOMESTEAD STRAWBERRY ALMONTE DEBRIS TOTAL Less: Pass-through expenses (a) Excess Landfill Disposal expense/ton 42,490 7,253 31,041 3,441 27,706 5,414 5,119 14,269 3,836 140,570 Page 26 (b) One-half JPA fees 50,919 7,865 31,726 3,780 30,821 6,691 5,378 16,391 4,129 705 158,406 Page 7, Calculation (c) Road impact fees 148,994 - 148,994 Page 27 (d) Tiburon Street Sweeping Allowed 20,208 20,208 Page 23 Total 242,403 15,119 62,766 7,221 78,735 12,105 10,497 30,660 7,965 705 468,177 Page 1 Certain expenses are excluded or capped when calculating the amount of profit we are permitted to earn on the investment made in expenses. Those expenses are shown as a reduction of the expenses then added back after th Operating Ratio is calculated. (a) The amount of disposals fees that can be considered when calculating the Operating Ratio Allowance is capped at a rate that increases with CPI. Different jurisdictions have different caps. (b) Only one-half of the Joint Powers Authority fees are included when calculating the Operating Ratio Allowance. (c) Road impact, like franchise fees, are excluded when calculating the Operating Ratio Allowance. (d) In Tiburon, the allowable street sweeping costs are excluded when calculating the Operating Ratio Allowance. Page 24 MILL VALLEY REFUSE SERVICE, INC SCHEDULE OF PROVIDED SERVICES MILL CORTE VALLEY BELVEDERE MADERA TIBURON COUNTY HOMESTEAD STRAWBERRY ALMONTE TOTAL Debris Box Revenue 178,007 25,236 86,284 87,424 1,728 7,670 1,084 387,433 Less: Franchise Fees at %3,560 2,524 17,257 13,551 311 108 37,311 Page 28 Less: 10% Profit Allowance 17,801 2,524 8,628 8,742 173 767 108 - 38,743 Page 28 Adjustment for Contract Services 21,361 5,047 25,885 22,293 484 767 217 - 76,054 Overweight Charges in Prior Year 17,113 5,248 1,700 2,021 26,081 Page 28 City Can Services 691,493 52,891 486,197 363,361 32,396 5,052 86,980 464 1,718,835 Information Only Portable Toilet Services 97,301 13,450 Allowance (20,065) (14,516) Net Portable Toilet Pass-Thru 77,236 - 77,236 Page 28 Per the various contracts, jurisdictions are provided with certain services that are included at no additional cost. We adjust the debris box services to omit expected franchise fees and the profit allowance before allocation to remove the need to recover these costs that will not be incurred. Overweight charges on services are still the responsibility of the city and are charged annually in the rate application. Page 25 MILL VALLEY REFUSE SERVICEDISPOSAL EXPENSE PASS-THROUGH Sweep Garbage Debris Debris Total Green Waste Recycling TOTAL TONNAGE 16,187.19 3,556.53 0.00 19,743.72 12,619.91 7,409.42 RATE FOR PROFIT ALLOWANCE $64.38 $64.38 $64.38 TOTAL FOR PROFIT ALLOWANCE $1,042,203 $228,985 $0 $1,271,189 TOTAL DUMP EXPENSE $1,035,651 $379,347 $0 $1,414,999 645,668.76 713,997.65 TOTAL FOR PASS-THROUGH ($6,552)$150,362 $0 $143,810 Rate Cap for Profit Mill Valley 69.09$ 69.09$ 69.09$ 57.08$ 102.39$ TOTAL FOR PROFIT ALLOWANCE $1,118,398 $245,726 $0 $1,364,124 $720,302 $758,615 TOTAL DUMP EXPENSE $1,035,651 $379,347 $0 $1,414,999 $645,669 $713,998 TOTAL FOR PASS THROUGH $0 $133,621 $0 $133,621 $0 $0 GARBAGE ALLOCATION Mill Valley 31.80%42,490$ *42,490$ *0.00 0.00 Belvedere 5.04%7,253$ 7,253$ Corte Madera 21.58%31,041$ 31,041$ Alto 2.39%3,441$ 3,441$ Tiburon 19.27%27,706$ 27,706$ County 3.76%5,414$ 5,414$ Homestead 3.56%5,119$ 5,119$ Strawberry 9.92%14,269$ 14,269$ Almonte 2.67%3,836$ 3,836$ -$ 100.00%140,570$ 140,570$ * Calculation based upon separate rate Page 26 Mill Valley Refuse Service 2024/2025 Schedule of Road Impact Fees and Other Flat Fees Included in Franchise Fees Road Impact Fees Jurisdiction Amount Mill Valley 148,993.60$ 148,993.60 Page 24 Administration Fees Jurisdiction Amount Tiburon 6,000.00$ 6,000.00 Page 28 Corte Madera 9,000.00$ 9,000.00 Page 28 Total Fees 163,993.60 Page 6 Page 27 MILL VALLEY REFUSE SERVICE ADJUSTMENTS AND DISALLOWED EXPENSES * Expenses which are contractually disallowed from the rate setting calculations MILL CORTE 2023/2024 VALLEY BELVEDERE MADERA ALTO TIBURON COUNTY HOMESTEAD STRAWBERRY ALMONTE DEBRIS TOTAL Adjustments and Disallowed Before Operating Ratio Debris and street cans/(ff and profit)21,361 5,047 25,885 - 22,293 484 767 217 - - 76,054 Page 25 Corte Madera Officer Pension 3c 22,261 22,261 Administrative Fees 9,000 6,000 15,000 Page 27 Interest on Financing 30,790 30,790 Cap on Executive Compensation 78,433 12,441 53,239 5,902 47,519 9,286 8,780 24,473 6,580 - 246,653 Page 38, Calculation Disallowed Owner Vehicles 7,968 1,223 5,235 580 4,672 913 863 2,406 647 24,508 Street Sweeping Costs 43,981 22,625 66,606 Page 23 - - - Total Adjustments and Disallowed Expenses 107,762 18,711 190,392 6,483 103,109 10,682 10,410 27,097 7,226 - 481,873 Page 1 Adjustments After Operating Ratio Overweight Charges from prior year 17,113 5,248 1,700 - 2,021 - - - - - 26,081 Page 25 Portable Toilet Overage 77,236 - 77,236 Page 25 Grant Money - Cart Program - Avoided Depreciation (1,856) (1,455) (3,311) Return on Imputed Rental Investment - 1,475 5,356 709 5,781 1,255 1,009 3,074 774 119 19,553 Page 39 Adjustments After Operating Ratio 17,113 6,723 84,291 709 7,802 1,255 (847) 3,074 (681) 119 119,558 Page 1 In addition to the specific costs listed above, we are not permitted to include any entertainment costs, contributions, fines, late fees and penalties in our expected costs. Page 28 MILL VALLEY REFUSE SERVICE ALLOCATION METHODOLOGY Historical - 2023 (Previous Rate App) MILL CORTE VALLEY BELVEDERE MADERA ALTO TIBURON COUNTY HOMESTEAD STRAWBERRY ALMONTE DEBRIS CLEAN UP TOTAL 1 # OF BILLINGS 4,619 866 2,980 290 2,847 759 920 949 649 0 0 14,879 2 LABOR HOURS-All cans 20,262 3,114 14,574 1,311 12,005 2,212 2,057 6,477 1,638 2,080 0 65,728 3 TRUCK HOURS 17,290 2,860 12,246 1,196 10,556 2,028 1,781 5,876 1,495 2,080 0 57,408 4 CLEAN UP LABOR 0 0 0 0 0 0 0 0 0 0 0 0 5 REVENUES (W/DEBRIS,W/O )5,988,093 903,031 3,722,551 398,495 3,536,491 739,426 611,384 1,867,467 486,193 131,520 0 18,384,651 6 REVENUES (W/O DEBRIS,)5,772,768 854,652 3,412,495 384,769 3,363,077 694,988 584,261 1,793,646 456,792 0 0 17,317,447 7 LABOR HRS (W/O DEBRIS & C/U)19,000 3,007 13,016 1,281 11,503 2,136 1,995 5,960 1,592 0 0 59,488 8 LABOR HRS (W/O DEBRIS)19,000 3,007 13,016 1,281 11,503 2,136 1,995 5,960 1,592 0 0 59,488 9 TRUCK HRS (W/O DEBRIS )16,666 2,860 11,206 1,196 10,452 2,028 1,781 5,564 1,495 0 0 53,248 3 4 5 6 7 8 9 10 11 12 13 1 # OF BILLINGS 31.04%5.82%20.03%1.95%19.13%5.10%6.18%6.38%4.36%0.00%0.00%100.00% 2 LABOR HOURS 30.83%4.74%22.17%1.99%18.26%3.36%3.13%9.85%2.49%3.16%0.00%100.00% 3 TRUCK HOURS 30.12%4.98%21.33%2.08%18.39%3.53%3.10%10.24%2.60%3.62%0.00%100.00% 4 CLEAN UP LABOR 0.00% 5 REVENUES (W/DEBRIS,W/O )32.57%4.91%20.25%2.17%19.24%4.02%3.33%10.16%2.64%0.72%0.00%100.00% 6 REVENUES (W/O DEBRIS,)33.33%4.94%19.71%2.22%19.42%4.01%3.37%10.36%2.64%0.00%0.00%100.00% 7 LABOR HRS (W/O DEBRIS & C/U)31.94%5.05%21.88%2.15%19.34%3.59%3.35%10.02%2.68%0.00%0.00%100.00% 8 LABOR HRS (W/O DEBRIS)31.94%5.05%21.88%2.15%19.34%3.59%3.35%10.02%2.68%0.00%0.00%100.00% 9 TRUCK HRS (W/O DEBRIS )31.30%5.37%21.04%2.25%19.63%3.81%3.34%10.45%2.81%0.00%0.00%100.00% 2024/2025 FORECAST MILL CORTE VALLEY BELVEDERE MADERA ALTO TIBURON COUNTY HOMESTEAD STRAWBERRY ALMONTE DEBRIS CLEAN UP TOTAL 1 # OF BILLINGS 4,609 862 2,971 287 2,849 761 914 941 657 0 0 14,851 2 LABOR HOURS-All cans 20,840 3,209 14,847 1,507 12,364 2,393 2,254 6,626 1,688 2,080 0 67,808 3 TRUCK HOURS 17,888 2,951 12,532 1,378 10,920 2,197 1,963 6,032 1,547 2,080 0 59,488 4 CLEAN UP LABOR 0 0 0 0 0 0 0 0 0 0 0 0 5 REVENUES (W/DEBRIS,W/O )6,190,688 956,271 3,857,169 459,569 3,747,226 813,534 653,902 1,992,789 501,988 85,700 0 19,258,837 6 REVENUES (W/O DEBRIS,)5,962,738 911,298 3,476,894 430,605 3,591,143 755,480 607,739 1,935,833 476,447 0 0 18,148,178 7 LABOR HRS (W/O DEBRIS & C/U)19,578 3,105 13,289 1,473 11,861 2,318 2,192 6,109 1,642 0 0 61,568 8 LABOR HRS (W/O DEBRIS)19,578 3,105 13,289 1,473 11,861 2,318 2,192 6,109 1,642 0 0 61,568 9 TRUCK HRS (W/O DEBRIS )17,264 2,951 11,492 1,378 10,816 2,197 1,963 5,720 1,547 0 0 55,328 3 4 5 6 7 8 9 10 11 12 13 1 # OF BILLINGS 31.03%5.80%20.01%1.93%19.18%5.12%6.15%6.34%4.42%0.00%0.00%100.00% 2 LABOR HOURS 30.73%4.73%21.90%2.22%18.23%3.53%3.32%9.77%2.49%3.07%0.00%100.00% 3 TRUCK HOURS 30.07%4.96%21.07%2.32%18.36%3.69%3.30%10.14%2.60%3.50%0.00%100.00% 4 CLEAN UP LABOR 0.00% 5 REVENUES (W/DEBRIS,W/O )32.14%4.97%20.03%2.39%19.46%4.22%3.40%10.35%2.61%0.44%0.00%100.00% 6 REVENUES (W/O DEBRIS,)32.86%5.02%19.16%2.37%19.79%4.16%3.35%10.67%2.63%0.00%0.00%100.00% 7 LABOR HRS (W/O DEBRIS & C/U)31.80%5.04%21.58%2.39%19.27%3.76%3.56%9.92%2.67%0.00%0.00%100.00% 8 LABOR HRS (W/O DEBRIS)31.80%5.04%21.58%2.39%19.27%3.76%3.56%9.92%2.67%0.00%0.00%100.00% 9 TRUCK HRS (W/O DEBRIS )31.20%5.33%20.77%2.49%19.55%3.97%3.55%10.34%2.80%0.00%0.00%100.00% Page 29 MILL VALLEY REFUSE SERVICE (Garbage Collection) DRIVERS ROUTES AND HOURS Mill Corte Valley Belvedere Madera Alto Tiburon County Homestead Strawberry AlmonteRoute#1 #2 #3 #4 #5 #6 & #9 #7 #8 #10 Total Man Hours 3.50 0.00 15.00 0.00 1.00 0.00 0.00 0.50 0.00 20.00 Route # 00 Truck Hours - pick up 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Man Hours 8.00 0.00 30.00 0.00 9.00 0.00 0.00 0.00 1.00 48.00 Route # 1 Truck Hours 8.00 0.00 22.00 0.00 9.00 0.00 0.00 0.00 1.00 40.00 Man Hours 0.00 0.00 30.00 0.00 0.00 2.00 0.00 0.00 0.00 32.00 Route # 2 Truck Hours 0.00 0.00 30.00 0.00 0.00 2.00 0.00 0.00 0.00 32.00 Man Hours 0.00 0.00 16.00 0.00 0.00 0.00 0.00 16.00 0.00 32.00Route # 3 Truck Hours 0.00 0.00 16.00 0.00 0.00 0.00 0.00 16.00 0.00 32.00 Man Hours 14.00 0.00 13.00 0.00 3.00 1.00 0.00 1.00 0.00 32.00 Route # 4 Truck Hours 14.00 0.00 13.00 0.00 3.00 1.00 0.00 1.00 0.00 32.00 Man Hours 33.50 0.00 0.00 0.00 0.00 4.50 10.00 0.00 0.00 48.00 Route # 5 Truck Hours 25.50 0.00 0.00 0.00 0.00 4.50 10.00 0.00 0.00 40.00 Man Hours 34.00 0.00 0.00 2.50 0.00 3.00 0.50 0.00 0.00 40.00Route # 6 Truck Hours 34.00 0.00 0.00 2.50 0.00 3.00 0.50 0.00 0.00 40.00 Man Hours 6.00 7.50 2.00 0.00 30.50 0.00 0.00 2.00 0.00 48.00 Route # 7 Truck Hours 6.00 7.50 1.50 0.00 23.00 0.00 0.00 2.00 0.00 40.00 Man Hours 5.00 0.00 0.00 0.50 6.50 0.50 0.00 19.00 0.50 32.00 Route # 8 Truck Hours 5.00 0.00 0.00 0.50 6.50 0.50 0.00 19.00 0.50 32.00 Man Hours 20.00 0.00 13.00 0.00 0.00 1.00 3.50 0.00 10.50 48.00 Route # 9 Truck Hours 14.00 0.00 13.00 0.00 0.00 1.00 1.50 0.00 10.50 40.00 Page 30 MILL VALLEY REFUSE SERVICE (Garbage Collection) DRIVERS ROUTES AND HOURS Mill Corte Valley Belvedere Madera Alto Tiburon County Homestead Strawberry AlmonteRoute#1 #2 #3 #4 #5 #6 & #9 #7 #8 #10 Total Man Hours 0.00 0.50 0.00 0.00 29.00 1.50 0.00 1.00 0.00 32.00 Route # 10 Truck Hours 0.00 0.50 0.00 0.00 29.00 1.50 0.00 1.00 0.00 32.00 Man Hours 24.50 9.00 0.00 6.00 5.00 0.00 0.00 3.50 0.00 48.00 Route # 11 Truck Hours 17.50 9.00 0.00 6.00 5.00 0.00 0.00 2.50 0.00 40.00 Man Hours 0.00 11.00 9.00 0.00 16.50 1.00 0.00 2.50 0.00 40.00Route # 40 Truck Hours 0.00 11.00 9.00 0.00 16.50 1.00 0.00 2.50 0.00 40.00 Man Hours 20.50 0.00 10.00 0.00 0.00 6.00 3.00 0.00 0.50 40.00 Route # 41 Truck Hours 20.50 0.00 10.00 0.00 0.00 6.00 3.00 0.00 0.50 40.00 Man Hours 1.00 0.00 2.50 0.00 3.50 0.00 0.00 9.00 0.00 16.00 Saturday Route Truck Hours 1.00 0.00 2.50 0.00 3.50 0.00 0.00 9.00 0.00 16.00 Man Hours 3.00 0.00 0.00 0.00 4.00 0.00 0.00 1.00 0.00 8.00Sunday Route Truck Hours 3.00 0.00 0.00 0.00 4.00 0.00 0.00 1.00 0.00 8.00 Man Hours Per Week 173.00 28.00 140.50 9.00 108.00 20.50 17.00 55.50 12.50 564.00TOTALS Truck Hours per Week 148.50 28.00 117.00 9.00 99.50 20.50 15.00 54.00 12.50 504.00 Page 31 MILL VALLEY REFUSE SERVICE (Garbage Collection) DRIVERS ROUTES AND HOURS Mill Corte Valley Belvedere Madera Alto Tiburon County Homestead Strawberry AlmonteRoute#1 #2 #3 #4 #5 #6 & #9 #7 #8 #10 Total SUMMARY Man Hours Per Week 173.00 28.00 140.50 9.00 108.00 20.50 17.00 55.50 12.50 564.00 multiply by Weeks in Year 52.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 Total Man Hours Per Year 8,996.00 1,456.00 7,306.00 468.00 5,616.00 1,066.00 884.00 2,886.00 650.00 29,328.00 Debris driver hours on Routes 624.00 0.00 1,040.00 0.00 104.00 0.00 0.00 312.00 0.00 2,080.00 Clean up 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Spare/Swing Hours 638.01 103.26 518.16 33.19 398.30 75.60 62.70 204.68 46.10 2,080.00TOTAL Labor Hours per Year 10,258.01 1,559.26 8,864.16 501.19 6,118.30 1,141.60 946.70 3,402.68 696.10 33,488.00 Truck Hours per Week 148.50 28.00 117.00 9.00 99.50 20.50 15.00 54.00 12.50 504.00 multiply by Weeks in Year 52.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 Total Truck Hours per Year 7,722.00 1,456.00 6,084.00 468.00 5,174.00 1,066.00 780.00 2,808.00 650.00 26,208.00 Clean up 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Debris driver hours on Routes 624.00 1,040.00 104.00 312.00 2,080.00Total Truck Hours per Year 8,346.00 1,456.00 7,124.00 468.00 5,278.00 1,066.00 780.00 3,120.00 650.00 28,288.00 Debris Total Hours (100% single driver) Total Labor Hours 6,240.0less: Debris hours on Route 30%50%5%15%2,080Total Truck Hours 4,160.00 Spare/Swing (one man at all times, no additional truck hours)Total HoursLabor Hours 2,080.0 One Man 1.0 Total Labor Hours 638.01 103.26 518.16 33.19 398.30 75.60 62.70 204.68 46.10 2,080.0 Page 32 MILL VALLEY REFUSE SERVICE (Compost Collection) DRIVERS ROUTES AND HOURS Mill Corte Valley Belvedere Madera Alto Tiburon County Homestead Strawberry Almonte Route #1 #2 #3 #4 #5 #6 & #9 #7 #8 #10 Total Man Hours 3.00 0.00 8.00 0.00 20.00 0.00 0.00 9.00 0.00 40.00Route # G2 Truck Hours 3.00 0.00 8.00 0.00 20.00 0.00 0.00 9.00 0.00 40.00 Man Hours 15.50 0.00 0.00 6.00 1.00 0.50 2.75 11.50 2.75 40.00 Route # G3 Truck Hours 15.50 0.00 0.00 6.00 1.00 0.50 2.75 11.50 2.75 40.00 Man Hours 3.00 0.00 30.50 0.00 4.00 2.50 0.00 0.00 0.00 40.00 Route # G4 Truck Hours 3.00 0.00 30.50 0.00 4.00 2.50 0.00 0.00 0.00 40.00 Man Hours 35.00 0.00 0.00 0.00 0.00 1.00 2.00 0.00 2.00 40.00Route # G5 Truck Hours 35.00 0.00 0.00 0.00 0.00 1.00 2.00 0.00 2.00 40.00 Man Hours 0.00 13.00 0.00 1.50 19.00 2.50 0.00 4.00 0.00 40.00 Route # G6 Truck Hours 0.00 13.00 0.00 1.50 19.00 2.50 0.00 4.00 0.00 40.00 Man Hours 14.00 2.00 8.00 1.00 3.00 3.00 6.00 0.00 3.00 40.00 Route # G7 Truck Hours 14.00 2.00 8.00 1.00 3.00 3.00 6.00 0.00 3.00 40.00 Man Hours Per Week 70.50 15.00 46.50 8.50 47.00 9.50 10.75 24.50 7.75 240.00 TOTALS Truck Hours per Week 70.50 15.00 46.50 8.50 47.00 9.50 10.75 24.50 7.75 240.00 Page 33 MILL VALLEY REFUSE SERVICE (Compost Collection) DRIVERS ROUTES AND HOURS Mill Corte Valley Belvedere Madera Alto Tiburon County Homestead Strawberry Almonte Route #1 #2 #3 #4 #5 #6 & #9 #7 #8 #10 Total SUMMARY Man Hours Per Week 70.50 15.00 46.50 8.50 47.00 9.50 10.75 24.50 7.75 240.00 multiply by Weeks in Year 52.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 Total Man Hours Per Year 3,666.00 780.00 2,418.00 442.00 2,444.00 494.00 559.00 1,274.00 403.00 12,480.00 Debris driver hours on Routes 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Clean up 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Spare/Swing Hours 305.50 65.00 201.50 36.83 203.67 41.17 46.58 106.17 33.58 1,040.00TOTAL Labor Hours per Year 3,971.50 845.00 2,619.50 478.83 2,647.67 535.17 605.58 1,380.17 436.58 13,520.00 0.29 0.06 0.19 0.04 0.20 0.04 0.04 0.10 0.03 1.00 0.28 0.07 0.21 0.02 0.21 0.04 0.04 0.10 0.03 1.00 0.01 0.00 -0.02 0.02 -0.02 0.00 0.01 0.00 0.01 0.00 Truck Hours per Week 70.50 15.00 46.50 8.50 47.00 9.50 10.75 24.50 7.75 240.00 multiply by Weeks in Year 52.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 Total Truck Hours per Year 3,666.00 780.00 2,418.00 442.00 2,444.00 494.00 559.00 1,274.00 403.00 12,480.00 Clean up 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00Debris driver hours on Routes 0.00 0.00 0.00 0.00 0.00Total Truck Hours per Year 3,666.00 780.00 2,418.00 442.00 2,444.00 494.00 559.00 1,274.00 403.00 12,480.00 Page 34 MILL VALLEY REFUSE SERVICE (Recycling Collection) DRIVERS ROUTES AND HOURS Mill Corte Valley Belvedere Madera Alto Tiburon County Homestead Strawberry Almonte Route #1 #2 #3 #4 #5 #6 & #9 #7 #8 #10 Total Man Hours 2.00 0.00 0.00 0.00 27.00 0.00 0.00 11.00 0.00 40.00 Route # 1 Truck Hours 2.00 0.00 0.00 0.00 27.00 0.00 0.00 11.00 0.00 40.00 Man Hours 17.00 0.00 0.00 4.50 0.00 0.00 5.00 8.00 5.50 40.00 Route # 2 Truck Hours 17.00 0.00 0.00 4.50 0.00 0.00 5.00 8.00 5.50 40.00 Man Hours 6.00 0.00 32.00 0.00 0.00 0.00 0.00 2.00 0.00 40.00 Route # 3 Truck Hours 6.00 0.00 32.00 0.00 0.00 0.00 0.00 2.00 0.00 40.00 Man Hours 36.00 0.00 0.00 0.00 0.00 2.00 2.00 0.00 0.00 40.00 Route # 4 Truck Hours 36.00 0.00 0.00 0.00 0.00 2.00 2.00 0.00 0.00 40.00 Man Hours 0.00 11.00 7.00 1.00 14.00 4.50 0.00 2.50 0.00 40.00 Route # 5 Truck Hours 0.00 11.00 7.00 1.00 14.00 4.50 0.00 2.50 0.00 40.00 Man Hours 17.50 1.50 5.00 1.50 3.00 4.50 5.00 0.00 2.00 40.00 Route # 6 Truck Hours 17.50 1.50 5.00 1.50 3.00 4.50 5.00 0.00 2.00 40.00 Man Hours 26.00 0.00 8.50 1.50 0.00 1.00 0.00 1.00 2.00 40.00 Route # 7 Truck Hours 26.00 0.00 8.50 1.50 0.00 1.00 0.00 1.00 2.00 40.00 Route # 8 Man Hours 8.50 1.25 5.00 0.50 17.50 0.25 0.00 7.00 0.00 40.00 Page 35 MILL VALLEY REFUSE SERVICE (Recycling Collection) DRIVERS ROUTES AND HOURS Mill Corte Valley Belvedere Madera Alto Tiburon County Homestead Strawberry Almonte Route #1 #2 #3 #4 #5 #6 & #9 #7 #8 #10 Total Truck Hours 8.50 1.25 5.00 0.50 17.50 0.25 0.00 7.00 0.00 40.00 Man Hours Per Week 113.00 13.75 57.50 9.00 61.50 12.25 12.00 31.50 9.50 320.00 TOTALS Truck Hours per Week 113.00 13.75 57.50 9.00 61.50 12.25 12.00 31.50 9.50 320.00 SUMMARY Man Hours Per Week 113.00 13.75 57.50 9.00 61.50 12.25 12.00 31.50 9.50 320.00 multiply by Weeks in Year 52.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 Total Man Hours Per Year 5,876.00 715.00 2,990.00 468.00 3,198.00 637.00 624.00 1,638.00 494.00 16,640.00 Debris driver hours on Routes 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Clean up 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Spare/Swing Hours 734.50 89.38 373.75 58.50 399.75 79.63 78.00 204.75 61.75 2,080.00 TOTAL Labor Hours per Year 6,610.50 804.38 3,363.75 526.50 3,597.75 716.63 702.00 1,842.75 555.75 18,720.00 Page 36 Mill Valley Refuse Service Allocation Statistics of Billings: Mill Valley Belvedere Corte Madera Alto Tiburon County Homestead Strawberry Almonte Total Residential 4274 847 2795 261 2720 749 913 873 632 14064 Commercial 255 10 136 10 75 17 4 43 15 565 Apartments 67 8 41 15 52 1 2 26 4 216 2023 Actual 4,596 865 2,972 286 2,847 767 919 942 651 14,845 Residential 4286 844 2795 262 2722 743 908 873 637 14070 Commercial 256 10 135 10 75 17 4 42 16 565 Apartments 67 8 41 15 52 1 2 26 4 216 2024/2025 Projected 4,609 862 2,971 287 2,849 761 914 941 657 14,851 Page 37 MILL VALLEY REFUSE SERVICE CPI Landfill Director CM Porta TIB Disposal Landfill GW Recycling CPI %* Base Salary Potty Allow Potty Allow CM MV MV MV 471,075 12,000 37.75 2005 480,497 12,000 38.51 2006 495,872 12,384 39.74 2007 512,236 12,793 41.05 3.30 2008 528,115 13,189 42.32 3.10 2009 532,024 13,287 42.63 0.70 2010 539,472 13,473 43.23 1.40 2011 553,498 13,823 10,000 44.36 2.60 2012 568,443 14,196 10,270 45.55 2.70 2013 580,948 14,509 10,496 46.55 2.20 2014 597,215 14,915 10,790 47.86 2.80 2015 612,742 15,303 11,070 49.10 2.60 2016 631,125 15,762 11,402 50.58 3.00 2017 651,321 16,266 11,767 52.19 56.01 46.27 83.00 3.20 2018 676,722 16,901 12,226 54.23 58.19 48.07 86.24 3.90 2019 699,054 17,458 12,630 56.02 60.11 49.66 89.08 3.30 2020 710,938 17,755 12,844 56.97 61.14 50.51 90.60 1.70 2021 733,688 18,323 13,255 58.79 63.09 52.12 93.50 3.20 2022 774,775 19,349 13,998 62.09 66.63 55.04 98.73 5.60 2023 803,441 20,065 14,516 64.38 69.09 57.08 102.39 3.70 *Confirmed to Bureau of Labor Statistics Page 38 Mill Valley Refuse Service Analysis of Imputed Rent for Fair Return on Investment 114 Front Street location is owned by MVRS yet the only costs that provide any return are: Building Deprecation 20,777 Commercial Property Insurance 43,000 Property Taxes 108,464 172,241 Monthly Annual Fair Market Rent (Add)36,637 439,644 est. 2015 Building Depreciation 20,777 Insurance 43,000 Property Taxes 108,464 Avoided Costs (Subtract)172,241 Net Cost 267,403 Fair return on Investment CM Cost + 10%26,740 All Others Operating Margin 29,711 Page 39 EXHIBIT 3 405 14th Street, Suite 350, Oakland, CA 94612 | p 916.782.7821 | f 916.782.7824 | www.r3cgi.com R3 Consulting Group, Inc. (R3) was engaged by the City of Mill Valley (City) on behalf of the City, Belvedere, Corte Madera, Tiburon, Alto Sanitary District, Almonte Sanitary District, Homestead Valley Sanitary District, and Marin County (collectively, “Contracting Jurisdictions”) to assist it and the Contracting Jurisdictions served by Mill Valley Refuse Service (MVRS) with its review of MVRS’s rate year (RY) 2024-25 rate adjustment application (Rate Application), for solid waste service rates effective July 1, 2024 through June 30, 2025. This report describes our independent third-party due diligence review of the RY 2024-25 Rate Application with the results being applicable to the City and the Contracting Jurisdictions. R3 has been conducting this service for the City and the Contracting Jurisdictions every few years since 2009, and we are intimately familiar with the contents of MVRS’s Rate Applications. We want to thank MVRS, including Jennifer Dami and Gene Della Zoppa, for their responsiveness during this review. The Rate Application was well organized, and we were provided with information necessary for conducting our review in a timely manner. Background MVRS provides solid waste management services to the following nine (9) Contracting Jurisdictions: 》City of Belvedere 》City of Mill Valley 》Town of Corte Madera 》Town of Tiburon 》Marin County 》Almonte Sanitary District 》Alto Sanitary District 》Homestead Valley Sanitary District 》Strawberry Recreational District Solid waste collection services are provided with rear loading vehicles. Recycling and composting routes use semi-automated vehicles with one-person crews. Garbage routes are manual and are one-person crews, although two-person crews are used at times. Bulky waste collection services are provided with the existing scheduled routes. Per its franchise agreements (Agreements) with the Contracting Jurisdictions, MVRS may apply for adjustments to solid waste rates annually, either based on the Consumer Price Index (CPI) or via a cost- based Rate Application which projects the costs, revenues, and profits associated with MVRS’s operations for the coming rate year. When MVRS submits a cost-based Rate Application to the Contracting Jurisdictions, the Rate Application is then reviewed for mathematical accuracy, conformance with the Agreements, and appropriate adjustments are made to the rates prior to Council or Board authorization of the adjusted solid waste rates. Actual reported revenues and expenses for the most recently year form the basis for a cost-based Rate Application. Those actual results are adjusted to project revenues and expenses for the upcoming rate year, which are then allocated among the nine Contracting Jurisdictions. The rate adjustment necessary To: Mr. Todd Cusimano, City Manager of Mill Valley From: Jim Howison, Sr. Managing Consultant Garth Schultz, Principal Date: May 22, 2024 Subject: Review of Mill Valley Refuse’s 2024-25 Solid Waste Rate Application May 23, 2022 Page 2 of 6 to achieve the associated revenue requirement1 for each of the Contracting Jurisdictions is then calculated, based on the projected revenues prior to the rate adjustment. MVRS’S Application for Rate Adjustment MVRS submitted its RY 2024-25 Rate Application on April 2, 2024, which projected an overall revenue shortfall (at current rates before rate adjustment) for the Contracting Jurisdictions of approximately $1,724,638, representing an increase solid waste rates by an average of 7.68% across all Contracting Jurisdictions. Based on MVRS’s allocation of revenue and expense projections, MVRS’s application amounted to a 0.5% to 8.6% rate increase, depending on the Contracting Jurisdiction. MVRS’s Rate Application is included as Attachment 1 to this report. Page 2 of Attachment 1 shows the original rate adjustment calculations for each of the Contracting Jurisdictions. Summary of Findings During our review of MVRS’s Rate Application, we identified several adjustments that, altogether, decrease MVRS’s projected revenue requirement by $23,626 for a revised RY 2024-25 revenue shortfall at current rates of $1,666,954, representing an increase solid waste rates by an average of 7.42% across all Contracting Jurisdictions, a reduction of 0.26% from the original Rate Application filing. Review of MVRS’s Rate Application Objectives To review MVRS’s RY 2024-25 Rate Application to determine whether: 》 It is mathematically accurate and logically consistent. 》 It is consistent with applicable terms and conditions of the franchise agreements. 》 Its projections are reasonable and supported with appropriate documentation, as applicable. Methodology During our review of MVRS’s RY 2024-25 Rate Application we: 》 Reviewed the adjustment factors applied by MVRS to RY 2023-24 revenues and expenses to project RY 2024-25 results for reasonableness. 》 Reviewed the factors used by MVRS to allocate RY 2024-25 revenues and expenses among the Contracting Jurisdictions. 》 Documented the following items from the various franchise agreements and reviewed their handling in the Rate Application to determine consistency with the franchise agreements: - Profit level. - Franchise fee percentage and application (e.g., as a percentage of gross revenues). - Free services. - Non-allowable expenses. - Pass-through expenses. 》 Reviewed MVRS’s handling of adjustments that were made to its RY 2024-25 Rate Application to determine conformance with those adjustments in this Rate Application, as appropriate. 》 Adjusted MVRS’s projected RY 2024-25 revenues and expenses based on the identified adjustments and recalculated the rate adjustments for each jurisdiction. 1 The revenue requirement is calculated as follows: Allowable Costs (i.e., costs reasonably incurred in connection with providing the required franchise services) plus Pass-Through Costs (i.e., costs that are not subject to profit, such as franchise fees, other governmental fees and excess disposal expense) plus target profit. May 23, 2022 Page 3 of 6 》 Presented the preliminary findings to MVRS for review and comment to ensure that we did not misrepresent information provided by MVRS. MVRS concurred fully with our findings. Review of Prior Adjustments Our review included determining if MVRS properly accounted for non-allowable expenses as specified in the various franchise agreements and other adjustments identified and agreed to as part of the review of its prior rate applications. MVRS prepared their Rate Application to directly address adjustments to disallowable expenses, which were the main recommended changes identified during R3’s review of the prior rate applications. By incorporating this into their Rate Application practice, MVRS directly addressed allowable and disallowable expenses with no need for further adjustment by R3. Summary of RY 2024-25 Rate Application Adjustment and Findings The following adjustments to MVRS’s rate application were made as a result of our review: 》 Minor reduction in projected property taxes: $15,978. 》 Minor increase in projected professional fees: $348. 》 Correcting formula in inter-agency allocations. 》 Removal of deficiency allocation for non-franchised debris box operations. $37,320. The net result of these adjustments are a small reduction in proposed rates, averaging 0.26% across all Contracting Jurisdictions. MVRS has reviewed and concurs with these adjustments. We should also note two other primary areas of review that are germane to MVRS’s rate application: 》 For RY 2023-24, MVRS projected that, through efficiency measures, it could reduce recycling collection operations by one route. As a result, RY 2023-24 increases over the prior year were low given then-current inflation, at an average of 4.72% across all Contracting Jurisdictions. Unfortunately, after attempting to implement the cost-saving measure, MVRS was not able to reduce the route as hoped (and contributing to a lower than projected return for the company. Because MVRS is still carrying the cost of that route, those costs are included in the projections for RY 2024-25, which means slightly higher rate increases compared to last. 》 MVRS’s projected revenue at existing rates accounts for growth, which helps keep rate adjustments lower than they would otherwise be. MVRS accounted for the change in revenue based due to the changes in activity jurisdiction from January 1, 2022 to January 1, 2023. R3 re- calculated the projected revenue from 2023 to 2024 based on last year’s authorized rate increases to determine MVRS’ revenue was trending higher approximately $366K (2%). The higher projected revenue in the rate application benefits the rate payer. No revenue adjustments are proposed. Rate Comparison R3 conducted a rate survey comparing Mill Valey Refuse Services’ 32-gallon residential rates in comparison to other Marin County communities. Chart 1 – 32 Gallon Rate Survey denotes Mill Valley Refuse Services rates range from $43.35 to $71.85 compared to a survey average of $53.56. Rate surveys provide a high overview of other agencies’ pricing but do not provide an in-depth review of services provided which impact rate levels. May 23, 2022 Page 4 of 6 Profitability Review Purpose and Profit Calculations R3 also reviewed and compared MVRS’s operating margin / profit allowances established during prior years’ rate setting processes to actual profit achievement as reported in MVRS’s recent audited financial statements. Rate applications differ from audited financial statements when measuring profitability. A rate application employes a line-by-line review of each revenue and cost category and then projects estimated values for the next fiscal period. The audited financial statement is a historical report with no forward projections. MVRS’s rate application is based on a July through June fiscal period. Whereas MVRS’s income statement is based on a calendar year incorporation the months of January through December of any specific year. MVRS’s rate applications calculate projected the operating ratio or profit on allowable costs as defined by the franchise agreement at 90%. Costs defined as non-allowable forbid MVRS’s profit on such costs. Though MVRS is allowed to recoup non-allowable costs no profitability is allowed. The audited financial statement measures net income as revenue minus all costs and does not necessarily reflect the projection of allowable profit in Rate Applications. Methodology and Correlations R3 compared the operating profit derived from rate applications for RY 2022-23 and RY 2024-25 to the operating income for calendar years 2020, 2021 and 2022. MVRS’s audited financial statements are consolidated and include the profitability of non-franchise related activity. The two different profitability measures will not correlate exactly but can aid in better understanding the correlation between a rate application and the income statement. $53.56 $- $10 $20 $30 $40 $50 $60 $70 Almonte (MVRS)Strawberry (MVRS)Corte Madre (MVRS)Homestead (MVRS)Alto (MVRS)County 2 (MVRS)Tiburon (MVRS)Mill Valley (MVRS)County 3 (MVRS)Belvedere (MVRS)County 4 (MVRS)Las Galinas (MSS)Ross (MSS)Fairfax (MSS)San Rafael (MSS)San Anselmo (MSS)Larkspur (MSS)County (MSS)Bolinas (RSM)Novato Sanitary District…Stinson Beach (RSM)West Marin (RSM)Muir Beach (RSM)Marin Coast (RSM)County (BCRS)County (BCRS)Saulsalito (BCRS)TMCSDChart 1 32-Gallon Rate Survey May 23, 2022 Page 5 of 6 Profitability Findings In 2021 due to national recovery from the pandemic and recycling pricing improvement, MVRS’s total revenue increased $1.9 million while total expenses increased $1 million compared to 2020. The net impact on operating income was an increase of $900K. Due to achieving a reasonable profit of $1.8 million, MVRS management chose not to submit a rate increase for the 2022-23 fiscal year. Based on the 2022 Audited Financial Statements MVRS’s operating income declined from $1.8 million to $1 million compared to 2021. Operating expenses increased $1 million primarily due to higher dump fees, an increase in oil and fuel costs, and the scarcity of parts which leads to higher prices. General and administrative expenses increased $134K primarily due to increases in insurance premiums based on multiple years of wildfire damage throughout California and workers compensation premiums. MRVS’s 2023 profitability declined in comparison to 2022. Mill Valley Refuse built into its 2023 Rate Application the reduction of one recycling route in anticipation of costs savings that that did not materialize. MVRS’s Rate Application does not guarantee achievement of projected profit, and no adjustments are due to MVRS based on not meeting target profit achievement in prior years. Overall, MVRS’s actual profit achievement has been below the anticipated profit amount contemplated in prior years’ Rate Applications. For Table reference related to this section, rate application profitability values are located in Table 1 – Rate Application Summary and all references to revenue, expenses, and operating profit can be viewed in Table 2 – Audited Financial Statement Summary. Table 1 Rate Application Summary 2022-23 2023-24 2024-25 Total Operating Costs No Rate Application Was Submitted $17,718,198 $18,985,930 Franchise Fees 3,090,808 3,196,523 Adjustments (513,894) (481,873) Pass Through Expenses (3,604,702) (3,664,700) Operating Costs for Profit Basis $16,665,469 $18,035,880 Operating Ratio Allowance $1,813,612 $1,963,503 Table 2 Audited Financial Statement Summary 2021 2022 2023 YOY Change REVENUES Collection $13,702,247 $14,010,012 $14,442,046 $432,034 Recycling $3,086,612 $3,088,393 $3,157,154 $64,761 Debris Box $1,167,526 $1,147,501 $1,171,672 $24,171 Portable Toilets $1,404,016 $1,409,417 $1,553,067 $143,650 Other $136,901 $235,895 $269,753 $33,858 Total Revenue $19,479,302 $19,891,218 $20,593,692 $702,474 OPERATING EXPENSES Operating Expenses $16,641,357 $17,672,643 $18,305,168 $635,525 General and Administrative Expenses $994,156 $1,128,431 $1,268,111 $139,680 Total Expenses $17,635,513 $18,801,074 $19,573,279 $772,205 Income from Operations $1,843,789 $1,090,144 $1,020,413 ($69,731) May 23, 2022 Page 6 of 6 Limitations MVRS’s Rate Application contains projections of revenues and expenses based on various assumptions and estimates. R3 reviewed those projections for reasonableness and compliance with applicable guidelines and prior MVRS practices which met approval of the Contracting Agencies in the past. Actual results of operations will, however, often differ from projections because events and circumstances often do not occur as expected and those differences may be significant. Attachments: Attachment 1 MVRS’s Original 2024-25 Rate Application Dated April 2, 2024 Attachment 2 R3 Revisions to MVRS’s 2024-25 Rate Application Attachment 1 4/1/2024 Mill Valley Refuse Service Rate Application - 2024/2025 Page Index Summarized Financial Results 1 Expected Revenue, Expenses, Pass-Through, Exclusions, and Rate Change Necessary Revenues 2 Basis - Calendar 2023 3 Expectations - Rate year 2024/2025 4 Debris Revenues Expenses Summary 5 Basis - Calendar 2023 6 Expectations - Rate Year 2024/2025 7 - 17 Allocations by Jurisdiction Details 18-19 Depreciation, New Equipment Purchases for 2024/2025 20 Dump Costs 21 Insurance 22 Employee Costs 23 Street Sweeping Summary of Pass-Through, Adjustments, and Disallowed Items 24 Pass-Through Expenses 25 City Services 26 Dump Cost Caps 27 Fixed Franchise Fees/Road Impact 28 Adjustments and Disallowed Expenses Assumptions 29 Summary Allocation Methodology 30-36 Truck Route Hours: Garbage, Compost and Recycling Routes 37 Billings by Jurisdiction 38 CPI, and history thereof 39 Imputed Rent Attachment 1 Mill Valley Refuse Service Summary Revenue, Expenses, Pass-through and Exclusions, and Rate Change Necessary MILL CORTE 2024/2025 VALLEY BELVEDERE MADERA ALTO TIBURON COUNTY HOMESTEAD STRAWBERRY ALMONTE DEBRIS TOTAL Projected Net Revenue 6,190,688 956,271 3,857,169 459,569 3,747,226 813,534 653,902 1,992,789 501,988 85,700 19,258,837 Page 3 Franchise Fees 1,176,299 105,856 959,709 18,791 574,079 143,016 26,905 182,188 9,681 - 3,196,523 Page 3 Total Revenue 7,366,987 1,062,127 4,816,878 478,360 4,321,305 956,550 680,806 2,174,977 511,669 85,700 22,455,361 Operating Costs 6,151,387 943,533 3,899,706 444,389 3,654,885 744,741 645,708 1,909,253 497,277 110,681 19,001,561 Page 7 Franchise Fees 1,176,299 105,856 959,709 18,791 574,079 143,016 26,905 182,188 9,681 - 3,196,523 Page 3 Total Operating Costs 7,327,686 1,049,389 4,859,415 463,180 4,228,964 887,757 672,612 2,091,441 506,958 110,681 22,198,084 Less: Pass-through Expenses 242,403 15,119 62,766 7,221 78,735 12,105 10,497 30,660 7,965 705 468,177 Page 24 Less: Adjustments and Excluded Expenses 107,762 18,711 190,392 6,483 103,109 10,682 10,410 27,097 7,226 481,873 Page 28 Less: Franchise Fees 1,176,299 105,856 959,709 18,791 574,079 143,016 26,905 182,188 9,681 - 3,196,523 Page 3 Profit Basis 5,801,222 909,703 3,646,547 430,685 3,473,041 721,953 624,800 1,851,496 482,086 109,976 18,051,511 Operating Ratio Allowance (90%)644,580 101,078 364,655 47,854 385,893 80,217 69,422 205,722 53,565 12,220 1,965,206 Calculation Add: Pass-through Expenses 242,403 15,119 62,766 7,221 78,735 12,105 10,497 30,660 7,965 705 468,177 Page 24 Add: Adjustments After Operating Ratio 17,113 6,723 84,291 709 7,802 1,255 (847) 3,074 (681) 119 119,558 Page 28 Add: Franchise Fees at Required Rates 1,276,895 113,989 1,018,492 23,648 722,294 143,696 34,018 231,986 10,527 - 3,575,547 Calculation Revenue Requirement 7,982,213 1,146,612 5,176,752 510,117 4,667,766 959,227 737,891 2,322,939 553,463 123,020 24,179,999 Net Excess (Deficiency)(615,226) (84,485) (359,873) (31,757) (346,460) (2,677) (57,085) (147,962) (41,793) (37,320) (1,724,638) (1,687,318) Allocated debris excess (8,845) (775) (14,756) (899) (5,734) (2,120) (1,433) (1,965) (793) 37,320 - Net Excess (Deficiency)(624,071) (85,260) (374,629) (32,656) (352,194) (4,797) (58,518) (149,926) (42,586) - (1,724,638) Percentage Excess (Deficiency)-8.47%-8.03%-7.78%-6.83%-8.15%-0.50%-8.60%-6.89%-8.32%0.00%-7.68% Page 1 Attachment 1 MILL VALLEY REFUSE SERVICE Collection Revenues Actual for the Year of 2023 MILL CORTE VALLEY BELVEDERE MADERA ALTO TIBURON COUNTY HOMESTEAD STRAWBERRY ALMONTE OTHER TOTAL GARBAGE REVENUES 5,746,857$ 851,515$ 3,506,476$ 359,007$ 3,408,962$ 763,806$ 527,370$ 1,738,455$ 404,329$ -$ 17,306,777$ Page 3 RECYCLING REVENUES 1,178,762 116,276 734,965 68,824 589,914 103,323 92,056 349,595 72,353 - 3,306,068 Page 3 DEBRIS REVENUES 284,938 24,970 475,344 28,964 184,714 68,299 46,163 63,285 25,541 110,451 1,312,669 SCRAP REVENUES 15,691 1,548 9,784 916 7,853 1,375 1,225 4,654 963 - 44,009 COLLECTION REVENUES 7,226,248 994,309 4,726,568 457,711 4,191,443 936,804 666,814 2,155,988 503,186 110,451 21,969,523 32.9%4.5%21.5%2.1%19.1%4.3%3.0%9.8%2.3%0.5%100.0% FRANCHISE FEES PAID: GARBAGE 1,149,371$ 85,151$ 701,295$ 17,950$ 528,389$ 114,571$ 26,368$ 173,846$ 8,087$ 2,805,029$ DEBRIS 4,969 2,484 89,162 28,222 10,130 - 6,029 - 140,997 RECYCLING - 11,628 146,993 - - 15,498 - - 1,447 175,566 3% FEE - - - - - 27,401 - - - 27,401 TOTAL 1,154,341 99,264 937,450 17,950 556,612 167,601 26,368 179,874 9,534 - 3,148,993 NET COLLECTION REVENUES 6,071,907$ 895,045$ 3,789,118$ 439,761$ 3,634,832$ 769,203$ 640,446$ 1,976,114$ 493,652$ 110,451$ 18,820,530$ 21,969,523 PERCENTAGE OF NET TOTAL 32.26%4.76%20.13%2.34%19.31%4.09%3.40%10.50%2.62%0.59%100.00% FRANCHISE FEES PERCENTAGES: GARBAGE 20.00%10.00%20.00%5.00%15.50%15.00%5.00%10.00%2.00% DEBRIS 2.00%10.00%20.00%0.00%15.50%15.00%0.00%10.00%0.00% RECYCLING 0.00%10.00%20.00%0.00%0.00%15.00%0.00%0.00%2.00% This schedule presents the collection revenues for the Calendar Year 2023 and provides the basis for projecting the expected revenues in the new rate year, July 1, 2024 to June 30, 2025. Page 2 Attachment 1 MILL VALLEY REFUSE SERVICE Collection Revenues Forecast for the Year 2024/2025 MILL CORTE VALLEY BELVEDERE MADERA ALTO TIBURON COUNTY HOMESTEAD STRAWBERRY ALMONTE DEBRIS TOTAL Garbage Revenues 5,853,001 887,284 3,564,891 375,825 3,519,021 778,976 538,091 1,758,594 409,900 17,685,584 Recycling Revenues 1,199,656 121,305 758,309 106,163 74,151 2,259,585 Debris Revenues 284,938 49,970 475,344 184,714 68,299 63,285 1,126,550 Page 4 Scrap Revenues - TOTAL 7,337,595 1,058,559 4,798,545 375,825 3,703,735 953,439 538,091 1,821,879 484,051 - 21,071,719 Garbage FF Fee %20.00%10.00%20.00%5.00%15.50%15.00%5.00%10.00%2.00% Debris FF Fee %2.00%10.00%20.00%0.00%15.50%15.00%0.00%10.00%0.00% Recycling FF Fee %0.00%10.00%20.00%0.00%0.00%15.00%0.00%0.00%2.00% Franchise Fees 1,176,299 105,856 959,709 18,791 574,079 143,016 26,905 182,188 9,681 - 3,196,523 Page 1 Average Franchise Fee %16.03%10.00%20.00%4.64%15.50%15.00%4.60%10.00%1.90% Recycling Revenues 71,663 601,516 93,881 343,985 1,111,045 Debris Revenues 28,964 46,163 25,541 85,451 186,119 Page 4 Scrap Revenues 15,691 1,548 9,784 916 7,853 1,375 1,225 4,654 963 44,009 Storage Box Rental Revenues 13,701 2,020 8,550 992 8,202 1,736 1,445 4,459 1,114 249 42,468 Net Collection Revenues 6,190,688 956,271 3,857,169 459,569 3,747,226 813,534 653,902 1,992,789 501,988 85,700 19,258,837 Page 1 Percentage of Net Revenues 32.14%4.97%20.03%2.39%19.46%4.22%3.40%10.35%2.61%0.44%100.00% 2023 Garbage Revenue 5,746,857 851,515 3,506,476 359,007 3,408,962 763,806 527,370 1,738,455 404,329 17,306,777 Page 2 Plus (Less) RE Service Adjustments 92,047 29,272 38,227 4,630 54,936 8,914 10,560 15,000 7,726 261,311 Plus (Less) CO Service Adjustments (1,504) 1,930 (34,809) 1,937 44,775 5,326 (96) 5,480 (2,559) 20,481 Plus (Less) AP Service Adjustments 15,601 4,568 54,997 10,251 10,347 930 257 (341) 404 97,015 Expected 2024-2025 Net Garbage Revenue 5,853,001 887,284 3,564,891 375,825 3,519,021 778,976 538,091 1,758,594 409,900 - 17,685,584 2023 Recycling Revenue 1,178,762 116,276 734,965 68,824 589,914 103,323 92,056 349,595 72,353 - 3,306,068 Page 2 Plus (Less) Service Adjustments 20,894 5,029 23,344 2,839 11,601 2,840 1,826 (5,609) 1,799 64,562 Expected 2024-2025 Net Recycling Revenue 1,199,656 121,305 758,309 71,663 601,516 106,163 93,881 343,985 74,151 3,370,630 The forecasted revenue for 2024/2025 is based upon the calendar year results for 2023 adjusted for the changes in service levels and the rate structure. Calendar Year 2023 includes revenues from both the Rate Year ended June 30, 2022 and June 30, 2023. To adjust for Residential Changes, we evaluated the changes in the level of service and rate adjustment from January 2024 to June 2024 from the Rate Year ended June 30, 2023. To adjust for Apartment Changes, we evaluated the changes in the level of service and rate adjustment from January 2024 to June 2024. We expect that, prior to any necessary rate change, that the revenue will be earned for 6 additional months at the rates effective from the Rate Year ending June 30, 2023. To adjust for Commercial Changes, we evaluated Q1 results in 2024 annualized, which includes the 2023/2024rate year Page 3 MILL VALLEY REFUSE SERVICE Debris Box Revenues MILL CORTE MISC. VALLEY BELVEDERE MADERA ALTO TIBURON COUNTY HOMESTEAD STRAWBERRY ALMONTE AREAS TOTAL 2023 DEBRIS 284,938 24,970 475,344 28,964 184,714 68,299 46,163 63,285 25,541 110,451 1,312,669 4 YARD BOXES 0 0 0 0 0 0 0 0 0 0 0 OTHER 0 0 0 0 0 0 0 0 0 0 0 TOTAL BOX REVENUE 284,938 24,970 475,344 28,964 184,714 68,299 46,163 63,285 25,541 110,451 1,312,669 PERCENTAGE 21.71%1.90%36.21%2.21%14.07%5.20%3.52%4.82%1.95%8.41%100.00% Actual Franchise Fees (4,969)(2,484)(89,162)0 (28,222)(10,130)0 (6,029)0 0 (140,997) PROJECTED REVENUES 2024 / 2025 TOTAL PROJECTED REVENUES 284,938 49,970 475,344 28,964 184,714 68,299 46,163 63,285 25,541 85,451 1,312,669 Page 3 x 2%x10% x 20% x 0% x15.5%x15% x 0% x 10% x 0% x 0% EST. FRANCHISE FEES 5,699 4,997 95,069 0 28,631 10,245 0 6,329 0 0 150,970 NET PROJECTED REVENUES 279,239 44,973 380,275 28,964 156,083 58,054 46,163 56,956 25,541 85,451 1,161,699 Page 4 Attachment 1 MILL VALLEY REFUSE SERVICE FINANCIAL STATEMENT SUMMARY - SCHEDULE OF OPERATING INCOME (LOSS) Calendar Year 2023 - Allocations Based upon Expectations and Contract Stipulations The actual 2023 income and expenses form the basis of the projected expenses for 2024/2025 rate year adjusted for contractual obligations, market changes, and cost of living. 12/31/2023 FRANCHISE STREET PORTABLE ACTUAL COLLECTION SWEEPING TOILETS INCOME Collection services revenue 21,005,383 21,005,383$ -$ Debris box revenue 1,312,669 1,312,669 Storage box revenue 42,468 42,468 Recycling redemption revenue 44,009 44,009 Street sweeping income - - Portable Toilets 1,553,067 - 1,553,067 Damage Waiver 86,925 - 86,925 Miscellaneous revenue 53,049 53,049 Total revenue 24,097,570$ 22,457,578$ -$ 1,639,992$ EXPENSES Accounting 21,825 20,734$ 1,091$ Advertising and promotion 15,818 5,974 9,844 Computer expense 176,891 176,891 Depreciation 1,050,015 956,681 28,587 64,747 Dump expense 2,384,941 2,348,532 36,409 Road Impact Fees/Flat 214,910 214,910 Franchise Fees -%3,148,993 3,148,993 Insurance (less Director)1,047,657 984,797 10,477 52,383 Insurance - workers comp.1,200,071 1,073,441 10,557 116,073 Interest 160,349 146,158 14,191 Legal and professional 195,587 195,587 Licenses - trucks 79,571 71,863 2,083 5,625 Licenses - other 31,903 25,267 6,635 Building/Office Maintenance and repairs 51,981 51,981 General Office Expenses 257,775 242,309 2,578 12,889 JPA Office of waste management fees 305,508 305,508 Porta Potty Expenses 116,572 - 116,572 Safety Plan/DOT Tests 51,010 51,010 Salaries and wages - Franchise 5,086,692 5,086,692 Salaries excluded and non franchise 1,787,286 1,180,480 27,124 579,682 Taxes - payroll 486,931 443,947 1,921 41,063 Taxes - real estate and business property 111,271 104,594 1,113 5,564 Telephone 34,530 32,458 345 1,727 Truck - parts repairs 668,505 649,906 6,685 11,914 Truck - tires 130,889 123,036 1,309 6,544 Truck - fuel and oil 1,126,314 1,058,736 11,263 56,316 Union - health and welfare 1,654,897 1,437,947 22,526 194,424 Union - pension 1,450,895 1,280,386 9,217 161,292 Utilities 55,043 51,741 550 2,752 Total expenses 23,104,631 21,470,559$ 136,336$ 1,497,736$ INCOME (LOSS) FROM OPERATIONS 992,939$ 987,019$ (136,336)$ 142,256$ Page 5 Attachment 1 MILL VALLEY REFUSE SERVICE FINANCIAL STATEMENT SUMMARY - SCHEDULE OF OPERATING INCOME (LOSS) Rate Year 2024/2025 - Allocations Based upon Expectations and Contract Stipulations The actual 2023 expenses form the basis of the projected expenses for 2024/2025 rate year, adjusted for contractual obligations, market changes, and cost of living. See referenced source for further information FRANCHISE 2024/2025 COLLECTION STREET PORTABLE EXPECTED (to Allocation, Page 7)SWEEPING TOILETS INCOME Collection services revenue 21,056,214 21,056,214$ -$ Page 3 Debris box revenue 1,312,669 1,312,669 Page 3 Storage box revenue 42,468 42,468 Page 3 Recycling redemption revenue 44,009 44,009 Page 3 Street sweeping income - - - Portable Toilets 1,553,067 - 1,553,067 Damage Waiver 86,925 - 86,925 Miscellaneous revenue - - Total revenue 24,095,352$ 22,455,361$ -$ 1,639,992$ EXPENSES Accounting 22,633$ 21,501$ 1,132$ Advertising and promotion 16,403 5,741 10,662 Computer expense 183,436 183,436 Depreciation 1,075,459 984,052 28,500 62,907 Page 18 Dump expense 2,811,985 2,774,665 - 37,320 Page 20 Road Impact Fees/Flat 163,994 163,994 Page 27 Franchise Fees -%3,196,523 3,196,523 Page 3 Insurance (less Director)1,126,260 1,058,684 11,263 56,313 Page 21 Insurance - workers comp.1,056,600 923,003 11,721 121,876 Page 21 Interest 160,349 146,158 14,191 Legal and professional 179,871 169,871 10,000 Licenses - trucks 79,571 71,082 2,083 6,406 Licenses - other 31,903 24,970 6,933 Building/Office Maintenance and repairs 53,904 53,904 General Office Expenses 267,313 251,274 2,673 13,366 JPA Office of waste management fees 316,812 316,812 Porta Potty Expenses 120,885 - 120,885 Safety Plan/DOT Tests 52,898 52,898 Salaries and wages - Franchise 5,492,213 5,492,213 Page 22 Salaries excluded and non franchise 1,899,632 1,050,094 64,116 785,422 Page 22 Taxes - payroll 506,059 447,898 4,389 53,771 Page 22 Taxes - real estate and business property 115,388 108,464 1,154 5,769 Telephone 35,808 33,659 358 1,790 Truck - parts repairs 693,240 665,933 6,932 20,374 Truck - tires 135,732 127,588 1,357 6,787 Truck - fuel and oil 1,167,988 1,097,909 11,680 58,399 Union - health and welfare 1,621,758 1,350,802 10,108 260,848 Page 22 Union - pension 1,422,746 1,205,350 9,044 208,352 Page 22 Utilities 57,080 53,655 571 2,854 Total expenses 24,064,441$ 22,032,135$ 165,949$ 1,866,357$ INCOME (LOSS) FROM OPERATIONS 30,911$ 423,226$ (165,949)$ (226,365)$ Page 6 Attachment 1 MILL VALLEY REFUSE SERVICE Schedule of Operating Income (Loss) FOR THE PROJECTED RATE YEAR : 2024/2025 Franchise Operations Only DIRECT SHARED Projected COSTS COSTS ITEM #PERCENT AMOUNT INCOME Net Collection Revenues (net of franchise fees)19,258,837 19,258,837 6,190,688.39 EXPENSES Accounting 21,501 - 21,501 1 31.03%6,672.79 Advertising and promotion 5,741 - 5,741 5 32.14%1,845.43 Computer expense 183,436 - 183,436 5 32.14%58,964.96 Depreciation 984,052 - 984,052 8 31.80%312,918.47 Dump expense 2,774,665 - 2,774,665 9 31.20%865,778.90 Road impact fees/admin fees 163,994 (163,994) - DIRECT 148,993.60 Insurance 1,058,684 - 1,058,684 2 30.73%325,374.56 Insurance - workers comp.923,003 - 923,003 7 31.80%293,505.73 Interest 146,158 - 146,158 3 30.07%43,949.53 Legal and professional 169,871 - 169,871 5 32.14%54,604.58 Licenses - trucks 71,082 - 71,082 3 30.07%21,374.37 Licenses - other 24,970 - 24,970 5 32.14%8,026.44 Building/Office Maintenance and repairs 53,904 - 53,904 5 32.14%17,327.22 Office Rent - imputed see calculation below General Office Expenses 251,274 - 251,274 5 32.14%80,771.30 JPA Office of waste management fees 316,812 - 316,812 5 32.14%101,838.08 Safety Plan/DOT Tests 52,898 - 52,898 7 31.80%16,820.98 Salaries and wages - franchise 5,492,213 - 5,492,213 6 32.86%1,804,513.21 Salaries and wages - officers 1,050,094 - 1,050,094 7 31.80%333,919.36 Taxes - payroll 447,898 - 447,898 7 31.80%142,426.98 Taxes - real estate and business property 108,464 - 108,464 6 32.86%35,636.93 Telephone 33,659 - 33,659 1 31.03%10,446.15 Truck - parts & repairs 665,933 - 665,933 3 30.07%200,245.64 Truck - tires 127,588 - 127,588 3 30.07%38,365.62 Truck - fuel 1,097,909 - 1,097,909 3 30.07%330,140.41 Union - health and welfare 1,350,802 - 1,350,802 7 31.80%429,541.41 Union - pension 1,205,350 - 1,205,350 7 31.80%383,289.20 Utilities 53,655 53,655 1 31.03%16,651.85 Street Sweeping Costs Allocated 165,949 (165,949) - DIRECT 67,443.45 Total expenses to Page 1. from page 6 19,001,561 (329,943) 18,671,618 6,151,387.17 INCOME (LOSS) FROM OPERATIONS 257,277 329,943 587,219 39,301.22 Imputed Return on Rent - Operating Margin Method 29,711 - 29,711 Imputed Return on Rent - Cost Plus 10%26,740 - 26,740 Expenses are allocated to each jurisdiction based upon what generally drives the cost. For example, fuel costs are allocated based upon truck hours spent in each jurisdiction. We allocate based upon Revenues,Number of Billings, Labor Hours, and Truck Hours. There are also direct costs, such as street sweeping and road impact fees that are allocated directly. MILL VALLEY ALLOCATION Pages 7 Attachment 1 MILL VALLEY REFUSE SERVICE Schedule of Operating Income (Loss) FOR THE PROJECTED RATE YEAR : 2024/2025 Franchise Operations Only DIRECT SHARED Projected COSTS COSTS INCOME Net Collection Revenues (net of franchise fees)19,258,837 19,258,837 EXPENSES Accounting 21,501 - 21,501 Advertising and promotion 5,741 - 5,741 Computer expense 183,436 - 183,436 Depreciation 984,052 - 984,052 Dump expense 2,774,665 - 2,774,665 Road impact fees/admin fees 163,994 (163,994) - Insurance 1,058,684 - 1,058,684 Insurance - workers comp.923,003 - 923,003 Interest 146,158 - 146,158 Legal and professional 169,871 - 169,871 Licenses - trucks 71,082 - 71,082 Licenses - other 24,970 - 24,970 Building/Office Maintenance and repairs 53,904 - 53,904 Office Rent - imputed see calculation below General Office Expenses 251,274 - 251,274 JPA Office of waste management fees 316,812 - 316,812 Safety Plan/DOT Tests 52,898 - 52,898 Salaries and wages - franchise 5,492,213 - 5,492,213 Salaries and wages - officers 1,050,094 - 1,050,094 Taxes - payroll 447,898 - 447,898 Taxes - real estate and business property 108,464 - 108,464 Telephone 33,659 - 33,659 Truck - parts & repairs 665,933 - 665,933 Truck - tires 127,588 - 127,588 Truck - fuel 1,097,909 - 1,097,909 Union - health and welfare 1,350,802 - 1,350,802 Union - pension 1,205,350 - 1,205,350 Utilities 53,655 53,655 Street Sweeping Costs Allocated 165,949 (165,949) - Total expenses to Page 1. from page 6 19,001,561 (329,943) 18,671,618 INCOME (LOSS) FROM OPERATIONS 257,277 329,943 587,219 Imputed Return on Rent - Operating Margin Method 29,711 - 29,711 Imputed Return on Rent - Cost Plus 10%26,740 - 26,740 Expenses are allocated to each jurisdiction based upon what generally drives the cost. For example, fuel costs are allocated based upon truck hours spent in each jurisdiction. We allocate based upon Revenues,Number of Billings, Labor Hours, and Truck Hours. There are also direct costs, such as street sweeping and road impact fees that are allocated directly. ITEM #PERCENT AMOUNT 956,270.98 1 5.80%1,247.98 5 4.97%285.06 5 4.97%9,108.27 8 5.04%49,633.73 9 5.33%147,990.82 DIRECT - 2 4.73%50,096.37 7 5.04%46,554.57 3 4.96%7,250.39 5 4.97%8,434.73 3 4.96%3,526.15 5 4.97%1,239.84 5 4.97%2,676.52 5 4.97%12,476.68 5 4.97%15,730.85 7 5.04%2,668.07 6 5.02%275,787.59 7 5.04%52,964.80 7 5.04%22,591.13 6 5.02%5,446.47 1 5.80%1,953.70 3 4.96%33,034.71 3 4.96%6,329.21 3 4.96%54,463.57 7 5.04%68,131.94 7 5.04%60,795.62 1 5.80%3,114.32 943,533.10 12,737.88 5 4.97%1,475.28 BELVEDERE ALLOCATION Pages 8 Attachment 1 MILL VALLEY REFUSE SERVICE Schedule of Operating Income (Loss) FOR THE PROJECTED RATE YEAR : 2024/2025 Franchise Operations Only DIRECT SHARED Projected COSTS COSTS INCOME Net Collection Revenues (net of franchise fees)19,258,837 19,258,837 EXPENSES Accounting 21,501 - 21,501 Advertising and promotion 5,741 - 5,741 Computer expense 183,436 - 183,436 Depreciation 984,052 - 984,052 Dump expense 2,774,665 - 2,774,665 Road impact fees/admin fees 163,994 (163,994) - Insurance 1,058,684 - 1,058,684 Insurance - workers comp.923,003 - 923,003 Interest 146,158 - 146,158 Legal and professional 169,871 - 169,871 Licenses - trucks 71,082 - 71,082 Licenses - other 24,970 - 24,970 Building/Office Maintenance and repairs 53,904 - 53,904 Office Rent - imputed see calculation below General Office Expenses 251,274 - 251,274 JPA Office of waste management fees 316,812 - 316,812 Safety Plan/DOT Tests 52,898 - 52,898 Salaries and wages - franchise 5,492,213 - 5,492,213 Salaries and wages - officers 1,050,094 - 1,050,094 Taxes - payroll 447,898 - 447,898 Taxes - real estate and business property 108,464 - 108,464 Telephone 33,659 - 33,659 Truck - parts & repairs 665,933 - 665,933 Truck - tires 127,588 - 127,588 Truck - fuel 1,097,909 - 1,097,909 Union - health and welfare 1,350,802 - 1,350,802 Union - pension 1,205,350 - 1,205,350 Utilities 53,655 53,655 Street Sweeping Costs Allocated 165,949 (165,949) - Total expenses to Page 1. from page 6 19,001,561 (329,943) 18,671,618 INCOME (LOSS) FROM OPERATIONS 257,277 329,943 587,219 Imputed Return on Rent - Operating Margin Method 29,711 - 29,711 Imputed Return on Rent - Cost Plus 10%26,740 - 26,740 Expenses are allocated to each jurisdiction based upon what generally drives the cost. For example, fuel costs are allocated based upon truck hours spent in each jurisdiction. We allocate based upon Revenues,Number of Billings, Labor Hours, and Truck Hours. There are also direct costs, such as street sweeping and road impact fees that are allocated directly. ITEM #PERCENT AMOUNT 3,857,169.39 1 20.01%4,301.34 5 20.03%1,149.82 5 20.03%36,738.70 8 21.58%212,404.32 9 20.77%576,316.68 DIRECT 9,000.00 2 21.90%231,812.13 7 21.58%199,227.24 3 21.07%30,790.22 5 20.03%34,021.92 3 21.07%14,974.49 5 20.03%5,000.95 5 20.03%10,795.89 5 20.03%50,325.36 5 20.03%63,451.22 7 21.58%11,417.83 6 19.16%1,052,218.20 7 21.58%226,659.41 7 21.58%96,677.28 6 19.16%20,780.02 1 20.01%6,733.68 3 21.07%140,288.37 3 21.07%26,878.24 3 21.07%231,290.23 7 21.58%291,566.21 7 21.58%260,170.90 1 20.01%10,733.92 DIRECT 43,981.44 3,899,706.01 (42,536.62) 5 20.03%5,355.56 CORTE MADERA ALLOCATION Pages 9 Attachment 1 MILL VALLEY REFUSE SERVICE Schedule of Operating Income (Loss) FOR THE PROJECTED RATE YEAR : 2024/2025 Franchise Operations Only DIRECT SHARED Projected COSTS COSTS INCOME Net Collection Revenues (net of franchise fees)19,258,837 19,258,837 EXPENSES Accounting 21,501 - 21,501 Advertising and promotion 5,741 - 5,741 Computer expense 183,436 - 183,436 Depreciation 984,052 - 984,052 Dump expense 2,774,665 - 2,774,665 Road impact fees/admin fees 163,994 (163,994) - Insurance 1,058,684 - 1,058,684 Insurance - workers comp.923,003 - 923,003 Interest 146,158 - 146,158 Legal and professional 169,871 - 169,871 Licenses - trucks 71,082 - 71,082 Licenses - other 24,970 - 24,970 Building/Office Maintenance and repairs 53,904 - 53,904 Office Rent - imputed see calculation below General Office Expenses 251,274 - 251,274 JPA Office of waste management fees 316,812 - 316,812 Safety Plan/DOT Tests 52,898 - 52,898 Salaries and wages - franchise 5,492,213 - 5,492,213 Salaries and wages - officers 1,050,094 - 1,050,094 Taxes - payroll 447,898 - 447,898 Taxes - real estate and business property 108,464 - 108,464 Telephone 33,659 - 33,659 Truck - parts & repairs 665,933 - 665,933 Truck - tires 127,588 - 127,588 Truck - fuel 1,097,909 - 1,097,909 Union - health and welfare 1,350,802 - 1,350,802 Union - pension 1,205,350 - 1,205,350 Utilities 53,655 53,655 Street Sweeping Costs Allocated 165,949 (165,949) - Total expenses to Page 1. from page 6 19,001,561 (329,943) 18,671,618 INCOME (LOSS) FROM OPERATIONS 257,277 329,943 587,219 Imputed Return on Rent - Operating Margin Method 29,711 - 29,711 Imputed Return on Rent - Cost Plus 10%26,740 - 26,740 Expenses are allocated to each jurisdiction based upon what generally drives the cost. For example, fuel costs are allocated based upon truck hours spent in each jurisdiction. We allocate based upon Revenues,Number of Billings, Labor Hours, and Truck Hours. There are also direct costs, such as street sweeping and road impact fees that are allocated directly. ITEM #PERCENT AMOUNT 459,568.88 1 1.93%415.51 5 2.39%137.00 5 2.39%4,377.29 8 2.39%23,548.53 9 2.49%69,105.85 DIRECT - 2 2.22%23,521.33 7 2.39%22,087.64 3 2.32%3,385.65 5 2.39%4,053.60 3 2.32%1,646.57 5 2.39%595.85 5 2.39%1,286.29 5 2.39%5,996.10 5 2.39%7,560.00 7 2.39%1,265.86 6 2.37%130,314.66 7 2.39%25,128.95 7 2.39%10,718.28 6 2.37%2,573.56 1 1.93%650.48 3 2.32%15,425.90 3 2.32%2,955.49 3 2.32%25,432.33 7 2.39%32,324.94 7 2.39%28,844.25 1 1.93%1,036.90 444,388.79 15,180.09 5 2.39%709.00 ALTO ALLOCATION Pages 10 Attachment 1 MILL VALLEY REFUSE SERVICE Schedule of Operating Income (Loss) FOR THE PROJECTED RATE YEAR : 2024/2025 Franchise Operations Only DIRECT SHARED Projected COSTS COSTS INCOME Net Collection Revenues (net of franchise fees)19,258,837 19,258,837 EXPENSES Accounting 21,501 - 21,501 Advertising and promotion 5,741 - 5,741 Computer expense 183,436 - 183,436 Depreciation 984,052 - 984,052 Dump expense 2,774,665 - 2,774,665 Road impact fees/admin fees 163,994 (163,994) - Insurance 1,058,684 - 1,058,684 Insurance - workers comp.923,003 - 923,003 Interest 146,158 - 146,158 Legal and professional 169,871 - 169,871 Licenses - trucks 71,082 - 71,082 Licenses - other 24,970 - 24,970 Building/Office Maintenance and repairs 53,904 - 53,904 Office Rent - imputed see calculation below General Office Expenses 251,274 - 251,274 JPA Office of waste management fees 316,812 - 316,812 Safety Plan/DOT Tests 52,898 - 52,898 Salaries and wages - franchise 5,492,213 - 5,492,213 Salaries and wages - officers 1,050,094 - 1,050,094 Taxes - payroll 447,898 - 447,898 Taxes - real estate and business property 108,464 - 108,464 Telephone 33,659 - 33,659 Truck - parts & repairs 665,933 - 665,933 Truck - tires 127,588 - 127,588 Truck - fuel 1,097,909 - 1,097,909 Union - health and welfare 1,350,802 - 1,350,802 Union - pension 1,205,350 - 1,205,350 Utilities 53,655 53,655 Street Sweeping Costs Allocated 165,949 (165,949) - Total expenses to Page 1. from page 6 19,001,561 (329,943) 18,671,618 INCOME (LOSS) FROM OPERATIONS 257,277 329,943 587,219 Imputed Return on Rent - Operating Margin Method 29,711 - 29,711 Imputed Return on Rent - Cost Plus 10%26,740 - 26,740 Expenses are allocated to each jurisdiction based upon what generally drives the cost. For example, fuel costs are allocated based upon truck hours spent in each jurisdiction. We allocate based upon Revenues,Number of Billings, Labor Hours, and Truck Hours. There are also direct costs, such as street sweeping and road impact fees that are allocated directly. ITEM #PERCENT AMOUNT 3,747,226.44 1 19.18%4,124.71 5 19.46%1,117.04 5 19.46%35,691.52 8 19.27%189,583.02 9 19.55%542,415.70 DIRECT 6,000.00 2 18.23%193,034.33 7 19.27%177,821.72 3 18.36%26,829.65 5 19.46%33,052.18 3 18.36%13,048.31 5 19.46%4,858.41 5 19.46%10,488.17 5 19.46%48,890.91 5 19.46%61,642.64 7 19.27%10,191.06 6 19.79%1,086,793.58 7 19.27%202,306.50 7 19.27%86,290.01 6 19.79%21,462.84 1 19.18%6,457.17 3 18.36%122,242.98 3 18.36%23,420.88 3 18.36%201,539.20 7 19.27%260,239.54 7 19.27%232,217.43 1 19.18%10,293.15 DIRECT 42,832.73 3,654,885.36 92,341.08 5 19.46%5,781.00 TIBURON ALLOCATION Pages 11 Attachment 1 MILL VALLEY REFUSE SERVICE Schedule of Operating Income (Loss) FOR THE PROJECTED RATE YEAR : 2024/2025 Franchise Operations Only DIRECT SHARED Projected COSTS COSTS INCOME Net Collection Revenues (net of franchise fees)19,258,837 19,258,837 EXPENSES Accounting 21,501 - 21,501 Advertising and promotion 5,741 - 5,741 Computer expense 183,436 - 183,436 Depreciation 984,052 - 984,052 Dump expense 2,774,665 - 2,774,665 Road impact fees/admin fees 163,994 (163,994) - Insurance 1,058,684 - 1,058,684 Insurance - workers comp.923,003 - 923,003 Interest 146,158 - 146,158 Legal and professional 169,871 - 169,871 Licenses - trucks 71,082 - 71,082 Licenses - other 24,970 - 24,970 Building/Office Maintenance and repairs 53,904 - 53,904 Office Rent - imputed see calculation below General Office Expenses 251,274 - 251,274 JPA Office of waste management fees 316,812 - 316,812 Safety Plan/DOT Tests 52,898 - 52,898 Salaries and wages - franchise 5,492,213 - 5,492,213 Salaries and wages - officers 1,050,094 - 1,050,094 Taxes - payroll 447,898 - 447,898 Taxes - real estate and business property 108,464 - 108,464 Telephone 33,659 - 33,659 Truck - parts & repairs 665,933 - 665,933 Truck - tires 127,588 - 127,588 Truck - fuel 1,097,909 - 1,097,909 Union - health and welfare 1,350,802 - 1,350,802 Union - pension 1,205,350 - 1,205,350 Utilities 53,655 53,655 Street Sweeping Costs Allocated 165,949 (165,949) - Total expenses to Page 1. from page 6 19,001,561 (329,943) 18,671,618 INCOME (LOSS) FROM OPERATIONS 257,277 329,943 587,219 Imputed Return on Rent - Operating Margin Method 29,711 - 29,711 Imputed Return on Rent - Cost Plus 10%26,740 - 26,740 Expenses are allocated to each jurisdiction based upon what generally drives the cost. For example, fuel costs are allocated based upon truck hours spent in each jurisdiction. We allocate based upon Revenues,Number of Billings, Labor Hours, and Truck Hours. There are also direct costs, such as street sweeping and road impact fees that are allocated directly. ITEM #PERCENT AMOUNT 813,533.93 1 5.12%1,101.76 5 4.22%242.51 5 4.22%7,748.73 8 3.76%37,045.65 9 3.97%110,178.19 DIRECT - 2 3.53%37,368.00 7 3.76%34,747.43 3 3.69%5,397.87 5 4.22%7,175.72 3 3.69%2,625.20 5 4.22%1,054.77 5 4.22%2,277.01 5 4.22%10,614.36 5 4.22%13,382.80 7 3.76%1,991.39 6 4.16%228,632.12 7 3.76%39,531.90 7 3.76%16,861.58 6 4.16%4,515.20 1 5.12%1,724.78 3 3.69%24,594.12 3 3.69%4,712.06 3 3.69%40,547.77 7 3.76%50,852.36 7 3.76%45,376.67 1 5.12%2,749.42 DIRECT 11,691.67 744,741.06 68,792.87 5 4.22%1,255.07 COUNTY ALLOCATION Pages 12 Attachment 1 MILL VALLEY REFUSE SERVICE Schedule of Operating Income (Loss) FOR THE PROJECTED RATE YEAR : 2024/2025 Franchise Operations Only DIRECT SHARED Projected COSTS COSTS INCOME Net Collection Revenues (net of franchise fees)19,258,837 19,258,837 EXPENSES Accounting 21,501 - 21,501 Advertising and promotion 5,741 - 5,741 Computer expense 183,436 - 183,436 Depreciation 984,052 - 984,052 Dump expense 2,774,665 - 2,774,665 Road impact fees/admin fees 163,994 (163,994) - Insurance 1,058,684 - 1,058,684 Insurance - workers comp.923,003 - 923,003 Interest 146,158 - 146,158 Legal and professional 169,871 - 169,871 Licenses - trucks 71,082 - 71,082 Licenses - other 24,970 - 24,970 Building/Office Maintenance and repairs 53,904 - 53,904 Office Rent - imputed see calculation below General Office Expenses 251,274 - 251,274 JPA Office of waste management fees 316,812 - 316,812 Safety Plan/DOT Tests 52,898 - 52,898 Salaries and wages - franchise 5,492,213 - 5,492,213 Salaries and wages - officers 1,050,094 - 1,050,094 Taxes - payroll 447,898 - 447,898 Taxes - real estate and business property 108,464 - 108,464 Telephone 33,659 - 33,659 Truck - parts & repairs 665,933 - 665,933 Truck - tires 127,588 - 127,588 Truck - fuel 1,097,909 - 1,097,909 Union - health and welfare 1,350,802 - 1,350,802 Union - pension 1,205,350 - 1,205,350 Utilities 53,655 53,655 Street Sweeping Costs Allocated 165,949 (165,949) - Total expenses to Page 1. from page 6 19,001,561 (329,943) 18,671,618 INCOME (LOSS) FROM OPERATIONS 257,277 329,943 587,219 Imputed Return on Rent - Operating Margin Method 29,711 - 29,711 Imputed Return on Rent - Cost Plus 10%26,740 - 26,740 Expenses are allocated to each jurisdiction based upon what generally drives the cost. For example, fuel costs are allocated based upon truck hours spent in each jurisdiction. We allocate based upon Revenues,Number of Billings, Labor Hours, and Truck Hours. There are also direct costs, such as street sweeping and road impact fees that are allocated directly. ITEM #PERCENT AMOUNT 653,901.54 1 6.15%1,323.27 5 3.40%194.93 5 3.40%6,228.27 8 3.56%35,028.44 9 3.55%98,443.23 DIRECT - 2 3.32%35,195.98 7 3.56%32,855.36 3 3.30%4,822.95 5 3.40%5,767.70 3 3.30%2,345.59 5 3.40%847.81 5 3.40%1,830.22 5 3.40%8,531.60 5 3.40%10,756.81 7 3.56%1,882.96 6 3.35%183,920.90 7 3.56%37,379.31 7 3.56%15,943.44 6 3.35%3,632.21 1 6.15%2,071.55 3 3.30%21,974.63 3 3.30%4,210.18 3 3.30%36,229.07 7 3.56%48,083.35 7 3.56%42,905.82 1 6.15%3,302.19 645,707.77 8,193.76 5 3.40%1,008.80 HOMESTEAD ALLOCATION Pages 13 Attachment 1 MILL VALLEY REFUSE SERVICE Schedule of Operating Income (Loss) FOR THE PROJECTED RATE YEAR : 2024/2025 Franchise Operations Only DIRECT SHARED Projected COSTS COSTS INCOME Net Collection Revenues (net of franchise fees)19,258,837 19,258,837 EXPENSES Accounting 21,501 - 21,501 Advertising and promotion 5,741 - 5,741 Computer expense 183,436 - 183,436 Depreciation 984,052 - 984,052 Dump expense 2,774,665 - 2,774,665 Road impact fees/admin fees 163,994 (163,994) - Insurance 1,058,684 - 1,058,684 Insurance - workers comp.923,003 - 923,003 Interest 146,158 - 146,158 Legal and professional 169,871 - 169,871 Licenses - trucks 71,082 - 71,082 Licenses - other 24,970 - 24,970 Building/Office Maintenance and repairs 53,904 - 53,904 Office Rent - imputed see calculation below General Office Expenses 251,274 - 251,274 JPA Office of waste management fees 316,812 - 316,812 Safety Plan/DOT Tests 52,898 - 52,898 Salaries and wages - franchise 5,492,213 - 5,492,213 Salaries and wages - officers 1,050,094 - 1,050,094 Taxes - payroll 447,898 - 447,898 Taxes - real estate and business property 108,464 - 108,464 Telephone 33,659 - 33,659 Truck - parts & repairs 665,933 - 665,933 Truck - tires 127,588 - 127,588 Truck - fuel 1,097,909 - 1,097,909 Union - health and welfare 1,350,802 - 1,350,802 Union - pension 1,205,350 - 1,205,350 Utilities 53,655 53,655 Street Sweeping Costs Allocated 165,949 (165,949) - Total expenses to Page 1. from page 6 19,001,561 (329,943) 18,671,618 INCOME (LOSS) FROM OPERATIONS 257,277 329,943 587,219 Imputed Return on Rent - Operating Margin Method 29,711 - 29,711 Imputed Return on Rent - Cost Plus 10%26,740 - 26,740 Expenses are allocated to each jurisdiction based upon what generally drives the cost. For example, fuel costs are allocated based upon truck hours spent in each jurisdiction. We allocate based upon Revenues,Number of Billings, Labor Hours, and Truck Hours. There are also direct costs, such as street sweeping and road impact fees that are allocated directly. ITEM #PERCENT AMOUNT 1,992,789.33 1 6.34%1,362.36 5 10.35%594.05 5 10.35%18,980.89 8 9.92%97,639.84 9 10.34%286,854.45 DIRECT - 2 9.77%103,445.27 7 9.92%91,582.49 3 10.14%14,820.19 5 10.35%17,577.27 3 10.14%7,207.64 5 10.35%2,583.72 5 10.35%5,577.65 5 10.35%26,000.37 5 10.35%32,781.79 7 9.92%5,248.64 6 10.67%585,844.39 7 9.92%104,192.74 7 9.92%44,441.44 6 10.67%11,569.71 1 6.34%2,132.75 3 10.14%67,524.69 3 10.14%12,937.25 3 10.14%111,326.42 7 9.92%134,029.66 7 9.92%119,597.60 1 6.34%3,399.74 1,909,253.01 83,536.33 5 10.35%3,074.36 STRAWBERRY ALLOCATION Pages 14 Attachment 1 MILL VALLEY REFUSE SERVICE Schedule of Operating Income (Loss) FOR THE PROJECTED RATE YEAR : 2024/2025 Franchise Operations Only DIRECT SHARED Projected COSTS COSTS INCOME Net Collection Revenues (net of franchise fees)19,258,837 19,258,837 EXPENSES Accounting 21,501 - 21,501 Advertising and promotion 5,741 - 5,741 Computer expense 183,436 - 183,436 Depreciation 984,052 - 984,052 Dump expense 2,774,665 - 2,774,665 Road impact fees/admin fees 163,994 (163,994) - Insurance 1,058,684 - 1,058,684 Insurance - workers comp.923,003 - 923,003 Interest 146,158 - 146,158 Legal and professional 169,871 - 169,871 Licenses - trucks 71,082 - 71,082 Licenses - other 24,970 - 24,970 Building/Office Maintenance and repairs 53,904 - 53,904 Office Rent - imputed see calculation below General Office Expenses 251,274 - 251,274 JPA Office of waste management fees 316,812 - 316,812 Safety Plan/DOT Tests 52,898 - 52,898 Salaries and wages - franchise 5,492,213 - 5,492,213 Salaries and wages - officers 1,050,094 - 1,050,094 Taxes - payroll 447,898 - 447,898 Taxes - real estate and business property 108,464 - 108,464 Telephone 33,659 - 33,659 Truck - parts & repairs 665,933 - 665,933 Truck - tires 127,588 - 127,588 Truck - fuel 1,097,909 - 1,097,909 Union - health and welfare 1,350,802 - 1,350,802 Union - pension 1,205,350 - 1,205,350 Utilities 53,655 53,655 Street Sweeping Costs Allocated 165,949 (165,949) - Total expenses to Page 1. from page 6 19,001,561 (329,943) 18,671,618 INCOME (LOSS) FROM OPERATIONS 257,277 329,943 587,219 Imputed Return on Rent - Operating Margin Method 29,711 - 29,711 Imputed Return on Rent - Cost Plus 10%26,740 - 26,740 Expenses are allocated to each jurisdiction based upon what generally drives the cost. For example, fuel costs are allocated based upon truck hours spent in each jurisdiction. We allocate based upon Revenues,Number of Billings, Labor Hours, and Truck Hours. There are also direct costs, such as street sweeping and road impact fees that are allocated directly. ITEM #PERCENT AMOUNT 501,988.30 1 4.42%951.19 5 2.61%149.64 5 2.61%4,781.33 8 2.67%26,249.69 9 2.80%77,581.09 DIRECT - 2 2.49%26,361.45 7 2.67%24,621.22 3 2.60%3,800.87 5 2.61%4,427.76 3 2.60%1,848.51 5 2.61%650.85 5 2.61%1,405.02 5 2.61%6,549.55 5 2.61%8,257.81 7 2.67%1,411.06 6 2.63%144,188.02 7 2.67%28,011.39 7 2.67%11,947.73 6 2.63%2,847.54 1 4.42%1,489.07 3 2.60%17,317.76 3 2.60%3,317.96 3 2.60%28,551.39 7 2.67%36,032.80 7 2.67%32,152.86 1 4.42%2,373.67 497,277.20 4,711.09 5 2.61%774.44 ALMONTE ALLOCATION Pages 15 Attachment 1 MILL VALLEY REFUSE SERVICE Schedule of Operating Income (Loss) FOR THE PROJECTED RATE YEAR : 2024/2025 Franchise Operations Only DIRECT SHARED Projected COSTS COSTS INCOME Net Collection Revenues (net of franchise fees)19,258,837 19,258,837 EXPENSES Accounting 21,501 - 21,501 Advertising and promotion 5,741 - 5,741 Computer expense 183,436 - 183,436 Depreciation 984,052 - 984,052 Dump expense 2,774,665 - 2,774,665 Road impact fees/admin fees 163,994 (163,994) - Insurance 1,058,684 - 1,058,684 Insurance - workers comp.923,003 - 923,003 Interest 146,158 - 146,158 Legal and professional 169,871 - 169,871 Licenses - trucks 71,082 - 71,082 Licenses - other 24,970 - 24,970 Building/Office Maintenance and repairs 53,904 - 53,904 Office Rent - imputed see calculation below General Office Expenses 251,274 - 251,274 JPA Office of waste management fees 316,812 - 316,812 Safety Plan/DOT Tests 52,898 - 52,898 Salaries and wages - franchise 5,492,213 - 5,492,213 Salaries and wages - officers 1,050,094 - 1,050,094 Taxes - payroll 447,898 - 447,898 Taxes - real estate and business property 108,464 - 108,464 Telephone 33,659 - 33,659 Truck - parts & repairs 665,933 - 665,933 Truck - tires 127,588 - 127,588 Truck - fuel 1,097,909 - 1,097,909 Union - health and welfare 1,350,802 - 1,350,802 Union - pension 1,205,350 - 1,205,350 Utilities 53,655 53,655 Street Sweeping Costs Allocated 165,949 (165,949) - Total expenses to Page 1. from page 6 19,001,561 (329,943) 18,671,618 INCOME (LOSS) FROM OPERATIONS 257,277 329,943 587,219 Imputed Return on Rent - Operating Margin Method 29,711 - 29,711 Imputed Return on Rent - Cost Plus 10%26,740 - 26,740 Expenses are allocated to each jurisdiction based upon what generally drives the cost. For example, fuel costs are allocated based upon truck hours spent in each jurisdiction. We allocate based upon Revenues,Number of Billings, Labor Hours, and Truck Hours. There are also direct costs, such as street sweeping and road impact fees that are allocated directly. ITEM #PERCENT AMOUNT 85,700.23 1 0.00%- 5 0.44%25.55 5 0.44%816.28 DIRECT - DIRECT - DIRECT - 2 3.07%32,474.98 DIRECT - 3 3.50%5,110.41 5 0.44%755.91 3 3.50%2,485.39 5 0.44%111.11 5 0.44%239.87 5 0.44%1,118.15 5 0.44%1,409.79 DIRECT - 6 0.00%- DIRECT - DIRECT - 6 0.00%- 1 0.00%- 3 3.50%23,284.38 3 3.50%4,461.12 3 3.50%38,388.42 DIRECT - DIRECT - 1 0.00%- 110,681.35 (24,981.12) 5 0.44%118.99 DEBRIS ALLOCATION Pages 16 Attachment 1 MILL VALLEY REFUSE SERVICE Schedule of Operating Income (Loss) FOR THE PROJECTED RATE YEAR : 2024/2025 Franchise Operations Only DIRECT SHARED Projected COSTS COSTS INCOME Net Collection Revenues (net of franchise fees)19,258,837 19,258,837 EXPENSES Accounting 21,501 - 21,501 Advertising and promotion 5,741 - 5,741 Computer expense 183,436 - 183,436 Depreciation 984,052 - 984,052 Dump expense 2,774,665 - 2,774,665 Road impact fees/admin fees 163,994 (163,994) - Insurance 1,058,684 - 1,058,684 Insurance - workers comp.923,003 - 923,003 Interest 146,158 - 146,158 Legal and professional 169,871 - 169,871 Licenses - trucks 71,082 - 71,082 Licenses - other 24,970 - 24,970 Building/Office Maintenance and repairs 53,904 - 53,904 Office Rent - imputed see calculation below General Office Expenses 251,274 - 251,274 JPA Office of waste management fees 316,812 - 316,812 Safety Plan/DOT Tests 52,898 - 52,898 Salaries and wages - franchise 5,492,213 - 5,492,213 Salaries and wages - officers 1,050,094 - 1,050,094 Taxes - payroll 447,898 - 447,898 Taxes - real estate and business property 108,464 - 108,464 Telephone 33,659 - 33,659 Truck - parts & repairs 665,933 - 665,933 Truck - tires 127,588 - 127,588 Truck - fuel 1,097,909 - 1,097,909 Union - health and welfare 1,350,802 - 1,350,802 Union - pension 1,205,350 - 1,205,350 Utilities 53,655 53,655 Street Sweeping Costs Allocated 165,949 (165,949) - Total expenses to Page 1. from page 6 19,001,561 (329,943) 18,671,618 INCOME (LOSS) FROM OPERATIONS 257,277 329,943 587,219 Imputed Return on Rent - Operating Margin Method 29,711 - 29,711 Imputed Return on Rent - Cost Plus 10%26,740 - 26,740 Expenses are allocated to each jurisdiction based upon what generally drives the cost. For example, fuel costs are allocated based upon truck hours spent in each jurisdiction. We allocate based upon Revenues,Number of Billings, Labor Hours, and Truck Hours. There are also direct costs, such as street sweeping and road impact fees that are allocated directly. ALLOCATION TOTAL 19,258,837.40 21,500.90 5,741.03 183,436.25 984,051.70 2,774,664.91 163,993.60 1,058,684.40 923,003.40 146,157.73 169,871.36 71,082.21 24,969.75 53,903.87 251,274.38 316,811.80 52,897.85 5,492,212.67 1,050,094.35 447,897.86 108,464.48 33,659.33 665,933.19 127,588.01 1,097,908.81 1,350,802.21 1,205,350.35 53,655.15 165,949.28 19,001,560.83 257,276.58 14,077.95 5,474.55 19,552.50 Pages 17 MILL VALLEY REFUSE SERVICE, INC. d.b.a. MILL VALLEY REFUSE SERVICE PROJECTED FINANCIAL ACTIVITY-FRANCHISE ONLY 12/31/2023 2024/2025 ACTUAL FORECAST INCOME Collection services revenue 21,005,383 21,056,214 Debris box revenue 1,312,669 1,312,669 Storage box revenue 42,468 42,468 Recycling redemption revenue 44,009 44,009 Street sweeping income - - Miscellaneous revenue 53,049 - Total revenue 22,457,578 22,455,361 EXPENSES Accounting 20,734 21,501 Advertising and promotion 5,974 5,741 Computer expense 176,891 183,436 Depreciation 956,681 984,052 Dump expense 2,348,532 2,774,665 Road impact fees 214,910 163,994 Franchise fees 3,148,993 3,196,523 Insurance 984,797 1,058,684 Insurance - workers comp.1,073,441 923,003 Interest 146,158 146,158 Legal and professional 195,587 169,871 Licenses - other 71,863 71,082 Licenses - trucks 25,267 24,970 Building/Office Maintenance and repairs 51,981 53,904 General Office expenses 242,309 251,274 JPA Office of waste management fees 305,508 316,812 Safety Plan/DOT Tests 51,010 52,898 Salaries and wages - franchise 5,086,692 5,492,213 Salaries and wages - officers/non franchise 1,180,480 1,050,094 Street Sweeping Costs 136,336 165,949 Taxes - payroll 443,947 447,898 Taxes - real estate and business property 104,594 108,464 Telephone 32,458 33,659 Truck - parts repairs 649,906 665,933 Truck - tires 123,036 127,588 Truck - fuel and oil 1,058,736 1,097,909 Union - health and welfare 1,437,947 1,350,802 Union - pension 1,280,386 1,205,350 Utilities 51,741 53,655 Total expenses 21,606,895 22,198,084 INCOME (LOSS) FROM OPERATIONS 850,683 257,277 3 Attachment 1 MILL VALLEY REFUSE SERVICE SCHEDULE OF DEPRECIATION DEPRECIATION OF NEW ASSETS TOTAL 2023 2024/2025 2024/2025 2024/2025 ACTUAL Projected FORECAST FORECAST BUILDING -$ -$ -$ -$ BUILDING IMPROVEMENTS 20,777 23,852 - 23,852 Equipment (Various)13,404 14,936 6,882 21,818 TRUCKS 525,681 394,853 110,714 505,567 EQUIPMENT (Tippers/Cans)272,151 263,467 44,944 308,411 SUBTOTAL 832,013 697,108 162,541 859,649 STREET SWEEPING 28,587 28,500 28,500 DEBRIS TRUCKS 87,106 83,031 - 83,031 DEBRIS BOXES 37,562 36,515 4,857 41,372 PORTABLE TOILETS TRUCKS 55,287 55,287 - 55,287 PORTABLE TOILETS EQ.9,460 7,620 - 7,620 TOTAL 1,050,015$ 908,061$ 167,398$ Page 19 1,075,459$ Page 6 The depreciation projection is based upon current assets plus new equipment to be added during the rate year. EXISTING ASSETS DEPRECIATION OF Page 18 Attachment 1 MILL VALLEY REFUSE SERVICE PURCHASES 2023-2024 Price Per Basis Est. life Annual Office Equipment 2 230.00$ 460.00$ 5 92.00$ Replacement Monitors 460.00$ 92.00$ Shop Equipment 1 6,200.00$ $6,200.00 5 1,240.00$ Trolley Floor Jack 1 10,950.00$ $10,950.00 5 2,190.00$ MAXX80 Tire Changer 1 8,500.00$ $8,500.00 5 1,700.00$ Fire Alarm System Upgrade 1 500.00$ $500.00 5 100.00$ Forklift Man Cage 3 1,900.00$ $5,700.00 5 1,140.00$ Yard Cameras 1 2,100.00$ $2,100.00 5 420.00$ Shop Toughbook Laptops 33,950.00$ 6,790.00$ Tippers/Containers 35 756.00$ 26,460.00$ 7 3,780.00$ Con Fab 1 Yd Containers 28 1,100.00$ 30,800.00$ 7 4,400.00$ Con Fab 2 Yd Containers 325 53.00$ 17,225.00$ 7 2,460.71$ Otto/32 Gallon Cans 120 57.00$ 6,840.00$ 7 977.14$ Otto/45 Gallon Cans 3690 63.00$ 232,470.00$ 7 33,210.00$ Otto/64 Gallon Cans 12 68.00$ 816.00$ 7 116.57$ Otto/96 Gallon Cans 314,611.00$ 44,944.43$ Debris 3 $7,000.00 $21,000.00 7 3,000.00$ Con Fab 40 yard debris boxes 10 $1,300.00 $13,000.00 7 1,857.14$ Con Fab 4 yard debris boxes 34,000.00$ 4,857.14$ Trucks 1 $348,000.00 $348,000.00 7 49,714.29$ New Autocar 1 $302,000.00 $302,000.00 7 43,142.86$ Heil Rear Loader 1 $125,000.00 $125,000.00 7 17,857.14$ Truck Chassis $775,000.00 $110,714.29 Overall Total $1,158,021.00 $167,398 Page 19 MILL VALLEY REFUSE SERVICE SCHEDULE OF DUMP EXPENSES 2023 ACTUAL AMT 2023 2024/2025 FORECAST 2024/2025 TONS $ PER TON AMOUNT TONS $ PER TON AMOUNT REDWOOD LANDFILL Garbage 16,057.97 61.96 994,952.01 16,057.97 63.76 1,023,805.62 Green Waste (Roll-Off)1,335.05 35.05 46,793.50 1,361.75 36.07 49,113.52 Compost Foodwaste 11,040.82 51.19 565,179.44 11,040.82 52.67 581,569.64 Debris (C&D)2,347.86 61.96 145,473.35 2,347.86 63.76 149,692.08 Less: N/F Debris (197.55)61.96 (12,240.46)(197.55)63.76 (12,595.44) Concrete 837.21 837.21 - Dirt 3,661.34 3,697.95 - Total 35,083 1,740,157.84 35,146.01 1,791,585.42 MARIN RESOURCE RECOVERY CENTER Garbage 4.69 Dirt, Rock, and Concrete 4.81 Debris 1,471.68 162.71 239,455.39 1,530.06 172.27 263,582.92 Less: N/F Debris (123.83)162.71 (20,148.33)(123.83)172.27 (21,332.25) Recycling Single Stream 2,089.16 86.85 195,914.71 2,089.16 118.77 248,129.53 Cardboard 508.07 508.07 Yard Waste 48.88 4,003.46 415,221.77 4,003.46 490,380.21 MARIN SANITARY SERVICE Cmm'l Foodwaste 217.34 66.33 14,415.98 217.34 68.95 14,985.59 Cmm'l Foodwaste (Contaminated)1.14 0.00 Recycling Dual Stream 4,812.19 27.95 134,500.71 4,812.19 96.81 465,868.11 Trash 129.22 91.67 11,845.57 129.22 91.67 11,845.57 Total 5,159.89 160,762.26 5,158.75 492,699.28 STREET SWEEPING DEBRIS MRRC 0.00 0.00 0.00 0.00 0.00 0.00 Weighing Charges 0.00 ACTUAL AMT CMSA GALLONS $ PER GALLONS Portable Toilet Sewage 239,680 0.15 36,409.42 239,680.00 0.16 37,319.66 TOTALS 283,926 2,352,551 283,988 2,811,984.56 RECAP RECYCLING AVERAGE AMT FORECAST AVG Recycling 6,901.35 47.88 330,415.42 6,901.35 103.46 713,997.65 Bailed Cardboard 508.07 0.00 508.07 0.00 Green Waste 12,643.23 49.54 626,388.92 12,619.91 51.16 645,668.76 20,052.65 47.71 956,804.34 20,029.33 67.88 1,359,666.41 RECAP Garbage 16,191.88 62.18 1,006,797.58 16,187.19 63.98 1,035,651.19 Debris 3,819.54 100.78 384,928.74 3,877.92 106.57 413,275.00 Less: N/F Debris (321.38)(32,388.79)(321.38)(33,927.68) Sweep Debris 0.00 0.00 0.00 0.00 Porta Potty (Gallons)239,680.00 0.15 36,409.42 239,680.00 0.16 37,319.66 Dirt, Rock, and Concrete 4,503.36 0.00 3,697.95 0.00 263,873.39 1,395,746.95 263,121.68 1,452,318.16 283,926.04 2,352,551.29 283,151.00 2,811,984.56 Page 20 Attachment 1 MILL VALLEY REFUSE SERVICE SCHEDULE OF INSURANCE EXPENSES Actual Forecast 2023 2024/2025 Insurance Categories Property and General Liability 830,131 816,175 Umbrella Policy 257,912 300,000 Director Life - Omitted Other 4,510 10,085 1,092,552 1,126,260 Total Non WC Insurance 1,092,552 1,126,260 Page 6 Workers Compensation 860,777 1,056,600 Total Workers Comp 860,777 1,056,600 Page 6 Total Non Benefit Insurance 1,953,329 2,182,860 Excludes Director Life Insurance Page 21 MILL VALLEY REFUSE SERVICE Schedule of Employee Expenses 2023 2024/2025 Annual Paid Annual Paid Payroll Categories Actual Forecast Garbage and Debris 2,045,345 2,056,441 Recycling 1,463,390 1,647,199 Street Sweeping (separately allocated)27,124 64,116 Porta Potties 579,682 701,016 Shop 953,998 1,040,079 Office 596,835 737,493 Contract 11,000 11,000 Executive 1,141,046 1,134,501 Other 55,559 - Totals 6,873,978 7,391,845 Page 6 Payroll taxes 486,931 506,059 Page 6 Health Insurance 1,437,947 1,621,758 Page 6 Pension 1,280,386 1,422,746 Page 6 Total 10,079,243 10,942,409 Page 22 Attachment 1 MILL VALLEY REFUSE SERVICE STREET SWEEPING FORECAST 2024/25 12/31/2023 2024/2025 ACTUAL FORECAST INCOME Street sweeping income 0 0 Total revenue -$ -$ EXPENSES Accounting 0 0 Advertising and promotion 0 0 Computer expense 0 0 Depreciation 28,587 28,500 Dump expense 0 0 Road Impact Fees/Flat 0 0 Franchise Fees -%0 0 Insurance (less Director)10,477 11,263 Insurance - workers comp.10,557 11,721 Interest 0 0 Legal and professional 0 0 Licenses - trucks 2,083 2,083 Licenses - other 0 0 Building/Office Maintenance and repairs 0 0 General Office Expenses 2,578 2,673 JPA Office of waste management fees 0 0 Porta Potty Expenses 0 0 Safety Plan/DOT Tests 0 0 Salaries and wages - Franchise 0 0 Salaries excluded and non franchise 27,124 64,116 Taxes - payroll 1,921 4,389 Taxes - real estate and business property 1,113 1,154 Telephone 345 358 Truck - parts repairs 6,685 6,932 Truck - tires 1,309 1,357 Truck - fuel and oil 11,263 11,680 Union - health and welfare 22,526 10,108 Union - pension 9,217 9,044 Utilities 550 571 Total expenses 136,336$ 165,949$ Page 6 INCOME (LOSS) FROM OPERATIONS (136,336)$ (165,949)$ # of Customers' Allocation:Billings Allocation Salary/Ben Else Total Mill Valley 55,408 67,443$ 4,286 40.64%35,625 31,819 67,443 Corte Madera 36,133 43,981$ 2,795 26.50%23,232 20,750 43,981 all dis Tiburon 35,189 42,833$ 2,722 25.81%22,625 20,208 42,833 salary dis County 9,605 11,692$ 743 7.05%6,176 5,516 11,692 Totals 136,336$ 165,949$ 10,546 87,657 78,292 165,949 Page 23 Attachment 1 MILL VALLEY REFUSE SERVICE PASS-THROUGH EXPENSES* * Allowable expenses that are not included in the calculation of the Operating Ratio Allowance MILL CORTE 2024/2025 VALLEY BELVEDERE MADERA ALTO TIBURON COUNTY HOMESTEAD STRAWBERRY ALMONTE DEBRIS TOTAL Less: Pass-through expenses (a) Excess Landfill Disposal expense/ton 42,490 7,253 31,041 3,441 27,706 5,414 5,119 14,269 3,836 140,570 Page 26 (b) One-half JPA fees 50,919 7,865 31,726 3,780 30,821 6,691 5,378 16,391 4,129 705 158,406 Page 7, Calculation (c) Road impact fees 148,994 - 148,994 Page 27 (d) Tiburon Street Sweeping Allowed 20,208 20,208 Page 23 Total 242,403 15,119 62,766 7,221 78,735 12,105 10,497 30,660 7,965 705 468,177 Page 1 Certain expenses are excluded or capped when calculating the amount of profit we are permitted to earn on the investment made in expenses. Those expenses are shown as a reduction of the expenses then added back after the Operating Ratio is calculated. (a) The amount of disposals fees that can be considered when calculating the Operating Ratio Allowance is capped at a rate that increases with CPI. Different jurisdictions have different caps. (b) Only one-half of the Joint Powers Authority fees are included when calculating the Operating Ratio Allowance. (c) Road impact, like franchise fees, are excluded when calculating the Operating Ratio Allowance. (d) In Tiburon, the allowable street sweeping costs are excluded when calculating the Operating Ratio Allowance. Page 24 Attachment 1 MILL VALLEY REFUSE SERVICE, INC SCHEDULE OF PROVIDED SERVICES MILL CORTE VALLEY BELVEDERE MADERA TIBURON COUNTY HOMESTEAD STRAWBERRY ALMONTE TOTAL Debris Box Revenue 178,007 25,236 86,284 87,424 1,728 7,670 1,084 387,433 Less: Franchise Fees at %3,560 2,524 17,257 13,551 311 108 37,311 Page 28 Less: 10% Profit Allowance 17,801 2,524 8,628 8,742 173 767 108 - 38,743 Page 28Adjustment for Contract Services 21,361 5,047 25,885 22,293 484 767 217 - 76,054 Overweight Charges in Prior Year 17,113 5,248 1,700 2,021 26,081 Page 28 City Can Services 691,493 52,891 486,197 363,361 32,396 5,052 86,980 464 1,718,835 Information Only Portable Toilet Services 97,301 13,450 Allowance (20,065) (14,516) Net Portable Toilet Pass-Thru 77,236 - 77,236 Page 28 DO NOT PRINT THIS SECTION20232024/2025ACTUALFORECAST From City Services' spread sheet BoxesMILL VALLEY Per Contract COSTS COSTS Mill Valley DB 178,007.00$ DEBRIS BOXES unlimited 178,007.00$ 178,007.00$ O/W 17,112.80$ Less: Franchise Fees at 2% DB 3,560.14$ 3,560.14$ Less: Franchise Fees at 20% SC -$ Less: 10% Profit Allowance 17,800.70$ 17,800.70$ 156,646.16$ 156,646.16$ BELVEDERE Belvedere DB 25,236.00$ DEBRIS BOXES unlimited 25,236.00$ 25,236.00$ O/W 5,247.75$ Less: Franchise Fees at 10%2,523.60$ 2,523.60$ 612.9 Less: 10% Profit Allowance 2,523.60$ 2,523.60$ 20,188.80$ 20,188.80$ CORTE MADERA Corte MaderaDB 86,284.00$ DEBRIS BOXES unlimited 86,284.00$ 86,284.00$ O/W 1,699.50$ Less: Franchise Fees at 20%17,256.80$ 17,256.80$ Less: 10% Profit Allowance 8,628.40$ 8,628.40$ cost of services in operating losses-$ disallowed in CM only SPECIAL EVENT COSTS -$ -$ 60,398.80$ 60,398.80$ TIBURON TiburonDB 87,424.00$ DEBRIS BOXES unlimited 87,424.00$ 87,424.00$ O/W 2,020.94$ Less: Franchise Fees at 15.5%13,550.72$ 13,550.72$ Less: 10% Profit Allowance 8,742.40$ 8,742.40$ 65,130.88$ 65,130.88$ Street Cans STRAWBERRY Strawberry DB 1,084.00$ DEBRIS BOXES 12 1,084.00$ 1,084.00$ O/W -$ Less: Franchise Fees at 10%108.40$ 108.40$ Less: 10% Profit Allowance 108.40$ 108.40$ 867.20$ 867.20$ HOMESTEAD Homestead DB 7,670.00$ DEBRIS BOXES 36 7,670.00$ 7,670.00$ O/W -$ Less: Franchise Fees at 0%-$ -$ Less: 10% Profit Allowance 767.00$ 767.00$ 6,903.00$ 6,903.00$ COUNTY DEBRIS BOXES 0 1,728.00$ $1,728.00 County 1,728.00$ Less: Franchise Fees at 18%311.04$ 311.04$ O/W -$ Less: 10% Profit Allowance 172.80$ 172.80$ 1,244.16$ 1,244.16$ TOTAL 311,379$ 311,379$ Per the various contracts, jurisdictions are provided with certain services that are included at no additional cost. We adjust the debris box services to omit expected franchise fees and the profit allowance before allocation to remove the need to recover these costs that will not be incurred. Overweight charges on services are still the responsibility of the city and are charged annually in the rate application. Page 25 Attachment 1 MILL VALLEY REFUSE SERVICE DISPOSAL EXPENSE PASS-THROUGH Sweep Garbage Debris Debris Total Green Waste Recycling TOTAL TONNAGE 16,187.19 3,556.53 0.00 19,743.72 12,619.91 7,409.42 RATE FOR PROFIT ALLOWANCE $64.38 $64.38 $64.38 TOTAL FOR PROFIT ALLOWANCE $1,042,203 $228,985 $0 $1,271,189 TOTAL DUMP EXPENSE $1,035,651 $379,347 $0 $1,414,999 645,668.76 713,997.65 TOTAL FOR PASS-THROUGH ($6,552)$150,362 $0 $143,810 Rate Cap for Profit Mill Valley 69.09$ 69.09$ 69.09$ 57.08$ 102.39$ TOTAL FOR PROFIT ALLOWANCE $1,118,398 $245,726 $0 $1,364,124 $720,302 $758,615 TOTAL DUMP EXPENSE $1,035,651 $379,347 $0 $1,414,999 $645,669 $713,998 TOTAL FOR PASS THROUGH $0 $133,621 $0 $133,621 $0 $0 GARBAGE ALLOCATION Mill Valley 31.80%42,490$ *42,490$ *0.00 0.00 Belvedere 5.04%7,253$ 7,253$ Corte Madera 21.58%31,041$ 31,041$ Alto 2.39%3,441$ 3,441$ Tiburon 19.27%27,706$ 27,706$ County 3.76%5,414$ 5,414$ Homestead 3.56%5,119$ 5,119$ Strawberry 9.92%14,269$ 14,269$ Almonte 2.67%3,836$ 3,836$ -$ 100.00%140,570$ 140,570$ * Calculation based upon separate rate Page 26 Attachment 1 Mill Valley Refuse Service 2024/2025 Schedule of Road Impact Fees and Other Flat Fees Included in Franchise Fees Road Impact Fees Jurisdiction Amount Mill Valley 148,993.60$ 148,993.60 Page 24 Administration Fees Jurisdiction Amount Tiburon 6,000.00$ 6,000.00 Page 28 Corte Madera 9,000.00$ 9,000.00 Page 28 Total Fees 163,993.60 Page 6 Page 27 Attachment 1 MILL VALLEY REFUSE SERVICE ADJUSTMENTS AND DISALLOWED EXPENSES * Expenses which are contractually disallowed from the rate setting calculations MILL CORTE 2023/2024 VALLEY BELVEDERE MADERA ALTO TIBURON COUNTY HOMESTEAD STRAWBERRY ALMONTE DEBRIS TOTAL Adjustments and Disallowed Before Operating Ratio Debris and street cans/(ff and profit)21,361 5,047 25,885 - 22,293 484 767 217 - - 76,054 Page 25 Corte Madera Officer Pension 3c 22,261 22,261 Administrative Fees 9,000 6,000 15,000 Page 27 Interest on Financing 30,790 30,790 Cap on Executive Compensation 78,433 12,441 53,239 5,902 47,519 9,286 8,780 24,473 6,580 - 246,653 Page 38, Calculation Disallowed Owner Vehicles 7,968 1,223 5,235 580 4,672 913 863 2,406 647 24,508 Street Sweeping Costs 43,981 22,625 66,606 Page 23 - - - Total Adjustments and Disallowed Expenses 107,762 18,711 190,392 6,483 103,109 10,682 10,410 27,097 7,226 - 481,873 Page 1 Adjustments After Operating Ratio Overweight Charges from prior year 17,113 5,248 1,700 - 2,021 - - - - - 26,081 Page 25 Portable Toilet Overage 77,236 - 77,236 Page 25 Grant Money - Cart Program - Avoided Depreciation (1,856) (1,455) (3,311) Return on Imputed Rental Investment - 1,475 5,356 709 5,781 1,255 1,009 3,074 774 119 19,553 Page 39 Adjustments After Operating Ratio 17,113 6,723 84,291 709 7,802 1,255 (847) 3,074 (681) 119 119,558 Page 1 In addition to the specific costs listed above, we are not permitted to include any entertainment costs, contributions, fines, late fees and penalties in our expected costs. Page 28 Attachment 1 MILL VALLEY REFUSE SERVICE ALLOCATION METHODOLOGY Historical - 2023 (Previous Rate App) MILL CORTE VALLEY BELVEDERE MADERA ALTO TIBURON COUNTY HOMESTEAD STRAWBERRY ALMONTE DEBRIS CLEAN UP TOTAL 1 # OF BILLINGS 4,619 866 2,980 290 2,847 759 920 949 649 0 0 14,879 2 LABOR HOURS-All cans 20,262 3,114 14,574 1,311 12,005 2,212 2,057 6,477 1,638 2,080 0 65,728 3 TRUCK HOURS 17,290 2,860 12,246 1,196 10,556 2,028 1,781 5,876 1,495 2,080 0 57,408 4 CLEAN UP LABOR 0 0 0 0 0 0 0 0 0 0 0 0 5 REVENUES (W/DEBRIS,W/O )5,988,093 903,031 3,722,551 398,495 3,536,491 739,426 611,384 1,867,467 486,193 131,520 0 18,384,651 6 REVENUES (W/O DEBRIS,)5,772,768 854,652 3,412,495 384,769 3,363,077 694,988 584,261 1,793,646 456,792 0 0 17,317,447 7 LABOR HRS (W/O DEBRIS & C/U)19,000 3,007 13,016 1,281 11,503 2,136 1,995 5,960 1,592 0 0 59,488 8 LABOR HRS (W/O DEBRIS)19,000 3,007 13,016 1,281 11,503 2,136 1,995 5,960 1,592 0 0 59,488 9 TRUCK HRS (W/O DEBRIS )16,666 2,860 11,206 1,196 10,452 2,028 1,781 5,564 1,495 0 0 53,248 3 4 5 6 7 8 9 10 11 12 13 1 # OF BILLINGS 31.04%5.82%20.03%1.95%19.13%5.10%6.18%6.38%4.36%0.00%0.00%100.00% 2 LABOR HOURS 30.83%4.74%22.17%1.99%18.26%3.36%3.13%9.85%2.49%3.16%0.00%100.00% 3 TRUCK HOURS 30.12%4.98%21.33%2.08%18.39%3.53%3.10%10.24%2.60%3.62%0.00%100.00% 4 CLEAN UP LABOR 0.00% 5 REVENUES (W/DEBRIS,W/O )32.57%4.91%20.25%2.17%19.24%4.02%3.33%10.16%2.64%0.72%0.00%100.00% 6 REVENUES (W/O DEBRIS,)33.33%4.94%19.71%2.22%19.42%4.01%3.37%10.36%2.64%0.00%0.00%100.00% 7 LABOR HRS (W/O DEBRIS & C/U)31.94%5.05%21.88%2.15%19.34%3.59%3.35%10.02%2.68%0.00%0.00%100.00% 8 LABOR HRS (W/O DEBRIS)31.94%5.05%21.88%2.15%19.34%3.59%3.35%10.02%2.68%0.00%0.00%100.00% 9 TRUCK HRS (W/O DEBRIS )31.30%5.37%21.04%2.25%19.63%3.81%3.34%10.45%2.81%0.00%0.00%100.00% 2024/2025 FORECAST MILL CORTE VALLEY BELVEDERE MADERA ALTO TIBURON COUNTY HOMESTEAD STRAWBERRY ALMONTE DEBRIS CLEAN UP TOTAL 1 # OF BILLINGS 4,609 862 2,971 287 2,849 761 914 941 657 0 0 14,851 2 LABOR HOURS-All cans 20,840 3,209 14,847 1,507 12,364 2,393 2,254 6,626 1,688 2,080 0 67,808 3 TRUCK HOURS 17,888 2,951 12,532 1,378 10,920 2,197 1,963 6,032 1,547 2,080 0 59,488 4 CLEAN UP LABOR 0 0 0 0 0 0 0 0 0 0 0 0 5 REVENUES (W/DEBRIS,W/O )6,190,688 956,271 3,857,169 459,569 3,747,226 813,534 653,902 1,992,789 501,988 85,700 0 19,258,837 6 REVENUES (W/O DEBRIS,)5,962,738 911,298 3,476,894 430,605 3,591,143 755,480 607,739 1,935,833 476,447 0 0 18,148,178 7 LABOR HRS (W/O DEBRIS & C/U)19,578 3,105 13,289 1,473 11,861 2,318 2,192 6,109 1,642 0 0 61,568 8 LABOR HRS (W/O DEBRIS)19,578 3,105 13,289 1,473 11,861 2,318 2,192 6,109 1,642 0 0 61,568 9 TRUCK HRS (W/O DEBRIS )17,264 2,951 11,492 1,378 10,816 2,197 1,963 5,720 1,547 0 0 55,328 3 4 5 6 7 8 9 10 11 12 13 1 # OF BILLINGS 31.03%5.80%20.01%1.93%19.18%5.12%6.15%6.34%4.42%0.00%0.00%100.00% 2 LABOR HOURS 30.73%4.73%21.90%2.22%18.23%3.53%3.32%9.77%2.49%3.07%0.00%100.00% 3 TRUCK HOURS 30.07%4.96%21.07%2.32%18.36%3.69%3.30%10.14%2.60%3.50%0.00%100.00% 4 CLEAN UP LABOR 0.00% 5 REVENUES (W/DEBRIS,W/O )32.14%4.97%20.03%2.39%19.46%4.22%3.40%10.35%2.61%0.44%0.00%100.00% 6 REVENUES (W/O DEBRIS,)32.86%5.02%19.16%2.37%19.79%4.16%3.35%10.67%2.63%0.00%0.00%100.00% 7 LABOR HRS (W/O DEBRIS & C/U)31.80%5.04%21.58%2.39%19.27%3.76%3.56%9.92%2.67%0.00%0.00%100.00% 8 LABOR HRS (W/O DEBRIS)31.80%5.04%21.58%2.39%19.27%3.76%3.56%9.92%2.67%0.00%0.00%100.00% 9 TRUCK HRS (W/O DEBRIS )31.20%5.33%20.77%2.49%19.55%3.97%3.55%10.34%2.80%0.00%0.00%100.00% Page 29 MILL VALLEY REFUSE SERVICE (Garbage Collection) DRIVERS ROUTES AND HOURS Mill Corte Valley Belvedere Madera Alto Tiburon County Homestead Strawberry Almonte Route #1 #2 #3 #4 #5 #6 & #9 #7 #8 #10 Total Man Hours 3.50 0.00 15.00 0.00 1.00 0.00 0.00 0.50 0.00 20.00 Route # 00 Truck Hours - pick up 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Man Hours 8.00 0.00 30.00 0.00 9.00 0.00 0.00 0.00 1.00 48.00 Route # 1 Truck Hours 8.00 0.00 22.00 0.00 9.00 0.00 0.00 0.00 1.00 40.00 Man Hours 0.00 0.00 30.00 0.00 0.00 2.00 0.00 0.00 0.00 32.00 Route # 2 Truck Hours 0.00 0.00 30.00 0.00 0.00 2.00 0.00 0.00 0.00 32.00 Man Hours 0.00 0.00 16.00 0.00 0.00 0.00 0.00 16.00 0.00 32.00 Route # 3 Truck Hours 0.00 0.00 16.00 0.00 0.00 0.00 0.00 16.00 0.00 32.00 Man Hours 14.00 0.00 13.00 0.00 3.00 1.00 0.00 1.00 0.00 32.00 Route # 4 Truck Hours 14.00 0.00 13.00 0.00 3.00 1.00 0.00 1.00 0.00 32.00 Man Hours 33.50 0.00 0.00 0.00 0.00 4.50 10.00 0.00 0.00 48.00 Route # 5 Truck Hours 25.50 0.00 0.00 0.00 0.00 4.50 10.00 0.00 0.00 40.00 Man Hours 34.00 0.00 0.00 2.50 0.00 3.00 0.50 0.00 0.00 40.00 Route # 6 Truck Hours 34.00 0.00 0.00 2.50 0.00 3.00 0.50 0.00 0.00 40.00 Man Hours 6.00 7.50 2.00 0.00 30.50 0.00 0.00 2.00 0.00 48.00 Route # 7 Truck Hours 6.00 7.50 1.50 0.00 23.00 0.00 0.00 2.00 0.00 40.00 Man Hours 5.00 0.00 0.00 0.50 6.50 0.50 0.00 19.00 0.50 32.00 Route # 8 Truck Hours 5.00 0.00 0.00 0.50 6.50 0.50 0.00 19.00 0.50 32.00 Man Hours 20.00 0.00 13.00 0.00 0.00 1.00 3.50 0.00 10.50 48.00 Route # 9 Truck Hours 14.00 0.00 13.00 0.00 0.00 1.00 1.50 0.00 10.50 40.00 Page 30 MILL VALLEY REFUSE SERVICE (Garbage Collection) DRIVERS ROUTES AND HOURS Mill Corte Valley Belvedere Madera Alto Tiburon County Homestead Strawberry Almonte Route #1 #2 #3 #4 #5 #6 & #9 #7 #8 #10 Total Man Hours 0.00 0.50 0.00 0.00 29.00 1.50 0.00 1.00 0.00 32.00 Route # 10 Truck Hours 0.00 0.50 0.00 0.00 29.00 1.50 0.00 1.00 0.00 32.00 Man Hours 24.50 9.00 0.00 6.00 5.00 0.00 0.00 3.50 0.00 48.00 Route # 11 Truck Hours 17.50 9.00 0.00 6.00 5.00 0.00 0.00 2.50 0.00 40.00 Man Hours 0.00 11.00 9.00 0.00 16.50 1.00 0.00 2.50 0.00 40.00 Route # 40 Truck Hours 0.00 11.00 9.00 0.00 16.50 1.00 0.00 2.50 0.00 40.00 Man Hours 20.50 0.00 10.00 0.00 0.00 6.00 3.00 0.00 0.50 40.00 Route # 41 Truck Hours 20.50 0.00 10.00 0.00 0.00 6.00 3.00 0.00 0.50 40.00 Man Hours 1.00 0.00 2.50 0.00 3.50 0.00 0.00 9.00 0.00 16.00 Saturday Route Truck Hours 1.00 0.00 2.50 0.00 3.50 0.00 0.00 9.00 0.00 16.00 Man Hours 3.00 0.00 0.00 0.00 4.00 0.00 0.00 1.00 0.00 8.00 Sunday Route Truck Hours 3.00 0.00 0.00 0.00 4.00 0.00 0.00 1.00 0.00 8.00 Man Hours Per Week 173.00 28.00 140.50 9.00 108.00 20.50 17.00 55.50 12.50 564.00 TOTALS Truck Hours per Week 148.50 28.00 117.00 9.00 99.50 20.50 15.00 54.00 12.50 504.00 Page 31 MILL VALLEY REFUSE SERVICE (Garbage Collection) DRIVERS ROUTES AND HOURS Mill Corte Valley Belvedere Madera Alto Tiburon County Homestead Strawberry Almonte Route #1 #2 #3 #4 #5 #6 & #9 #7 #8 #10 Total SUMMARY Man Hours Per Week 173.00 28.00 140.50 9.00 108.00 20.50 17.00 55.50 12.50 564.00 multiply by Weeks in Year 52.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 Total Man Hours Per Year 8,996.00 1,456.00 7,306.00 468.00 5,616.00 1,066.00 884.00 2,886.00 650.00 29,328.00 Debris driver hours on Routes 624.00 0.00 1,040.00 0.00 104.00 0.00 0.00 312.00 0.00 2,080.00 Clean up 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Spare/Swing Hours 638.01 103.26 518.16 33.19 398.30 75.60 62.70 204.68 46.10 2,080.00 TOTAL Labor Hours per Year 10,258.01 1,559.26 8,864.16 501.19 6,118.30 1,141.60 946.70 3,402.68 696.10 33,488.00 Truck Hours per Week 148.50 28.00 117.00 9.00 99.50 20.50 15.00 54.00 12.50 504.00 multiply by Weeks in Year 52.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 Total Truck Hours per Year 7,722.00 1,456.00 6,084.00 468.00 5,174.00 1,066.00 780.00 2,808.00 650.00 26,208.00 Clean up 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Debris driver hours on Routes 624.00 1,040.00 104.00 312.00 2,080.00 Total Truck Hours per Year 8,346.00 1,456.00 7,124.00 468.00 5,278.00 1,066.00 780.00 3,120.00 650.00 28,288.00 Debris Total Hours (100% single driver) Total Labor Hours 6,240.0 less: Debris hours on Routes 30%50%5%15%2,080 Total Truck Hours 4,160.00 Spare/Swing (one man at all times, no additional truck hours)Total Hours Labor Hours 2,080.0 One Man 1.0 Total Labor Hours 638.01 103.26 518.16 33.19 398.30 75.60 62.70 204.68 46.10 2,080.0 Page 32 MILL VALLEY REFUSE SERVICE (Compost Collection) DRIVERS ROUTES AND HOURS Mill Corte Valley Belvedere Madera Alto Tiburon County Homestead Strawberry Almonte Route #1 #2 #3 #4 #5 #6 & #9 #7 #8 #10 Total Man Hours 3.00 0.00 8.00 0.00 20.00 0.00 0.00 9.00 0.00 40.00 Route # G2 Truck Hours 3.00 0.00 8.00 0.00 20.00 0.00 0.00 9.00 0.00 40.00 Man Hours 15.50 0.00 0.00 6.00 1.00 0.50 2.75 11.50 2.75 40.00 Route # G3 Truck Hours 15.50 0.00 0.00 6.00 1.00 0.50 2.75 11.50 2.75 40.00 Man Hours 3.00 0.00 30.50 0.00 4.00 2.50 0.00 0.00 0.00 40.00 Route # G4 Truck Hours 3.00 0.00 30.50 0.00 4.00 2.50 0.00 0.00 0.00 40.00 Man Hours 35.00 0.00 0.00 0.00 0.00 1.00 2.00 0.00 2.00 40.00 Route # G5 Truck Hours 35.00 0.00 0.00 0.00 0.00 1.00 2.00 0.00 2.00 40.00 Man Hours 0.00 13.00 0.00 1.50 19.00 2.50 0.00 4.00 0.00 40.00 Route # G6 Truck Hours 0.00 13.00 0.00 1.50 19.00 2.50 0.00 4.00 0.00 40.00 Man Hours 14.00 2.00 8.00 1.00 3.00 3.00 6.00 0.00 3.00 40.00 Route # G7 Truck Hours 14.00 2.00 8.00 1.00 3.00 3.00 6.00 0.00 3.00 40.00 Man Hours Per Week 70.50 15.00 46.50 8.50 47.00 9.50 10.75 24.50 7.75 240.00 TOTALS Truck Hours per Week 70.50 15.00 46.50 8.50 47.00 9.50 10.75 24.50 7.75 240.00 Page 33 MILL VALLEY REFUSE SERVICE (Compost Collection) DRIVERS ROUTES AND HOURS Mill Corte Valley Belvedere Madera Alto Tiburon County Homestead Strawberry Almonte Route #1 #2 #3 #4 #5 #6 & #9 #7 #8 #10 Total SUMMARY Man Hours Per Week 70.50 15.00 46.50 8.50 47.00 9.50 10.75 24.50 7.75 240.00 multiply by Weeks in Year 52.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 Total Man Hours Per Year 3,666.00 780.00 2,418.00 442.00 2,444.00 494.00 559.00 1,274.00 403.00 12,480.00 Debris driver hours on Routes 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Clean up 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Spare/Swing Hours 305.50 65.00 201.50 36.83 203.67 41.17 46.58 106.17 33.58 1,040.00 TOTAL Labor Hours per Year 3,971.50 845.00 2,619.50 478.83 2,647.67 535.17 605.58 1,380.17 436.58 13,520.00 0.29 0.06 0.19 0.04 0.20 0.04 0.04 0.10 0.03 1.00 0.28 0.07 0.21 0.02 0.21 0.04 0.04 0.10 0.03 1.00 0.01 0.00 -0.02 0.02 -0.02 0.00 0.01 0.00 0.01 0.00 Truck Hours per Week 70.50 15.00 46.50 8.50 47.00 9.50 10.75 24.50 7.75 240.00 multiply by Weeks in Year 52.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 Total Truck Hours per Year 3,666.00 780.00 2,418.00 442.00 2,444.00 494.00 559.00 1,274.00 403.00 12,480.00 Clean up 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Debris driver hours on Routes 0.00 0.00 0.00 0.00 0.00 Total Truck Hours per Year 3,666.00 780.00 2,418.00 442.00 2,444.00 494.00 559.00 1,274.00 403.00 12,480.00 Page 34 MILL VALLEY REFUSE SERVICE (Recycling Collection) DRIVERS ROUTES AND HOURS Mill Corte Valley Belvedere Madera Alto Tiburon County Homestead Strawberry Almonte Route #1 #2 #3 #4 #5 #6 & #9 #7 #8 #10 Total Man Hours 2.00 0.00 0.00 0.00 27.00 0.00 0.00 11.00 0.00 40.00 Route # 1 Truck Hours 2.00 0.00 0.00 0.00 27.00 0.00 0.00 11.00 0.00 40.00 Man Hours 17.00 0.00 0.00 4.50 0.00 0.00 5.00 8.00 5.50 40.00 Route # 2 Truck Hours 17.00 0.00 0.00 4.50 0.00 0.00 5.00 8.00 5.50 40.00 Man Hours 6.00 0.00 32.00 0.00 0.00 0.00 0.00 2.00 0.00 40.00 Route # 3 Truck Hours 6.00 0.00 32.00 0.00 0.00 0.00 0.00 2.00 0.00 40.00 Man Hours 36.00 0.00 0.00 0.00 0.00 2.00 2.00 0.00 0.00 40.00 Route # 4 Truck Hours 36.00 0.00 0.00 0.00 0.00 2.00 2.00 0.00 0.00 40.00 Man Hours 0.00 11.00 7.00 1.00 14.00 4.50 0.00 2.50 0.00 40.00 Route # 5 Truck Hours 0.00 11.00 7.00 1.00 14.00 4.50 0.00 2.50 0.00 40.00 Man Hours 17.50 1.50 5.00 1.50 3.00 4.50 5.00 0.00 2.00 40.00 Route # 6 Truck Hours 17.50 1.50 5.00 1.50 3.00 4.50 5.00 0.00 2.00 40.00 Man Hours 26.00 0.00 8.50 1.50 0.00 1.00 0.00 1.00 2.00 40.00 Route # 7 Truck Hours 26.00 0.00 8.50 1.50 0.00 1.00 0.00 1.00 2.00 40.00 Route # 8 Man Hours 8.50 1.25 5.00 0.50 17.50 0.25 0.00 7.00 0.00 40.00 Truck Hours 8.50 1.25 5.00 0.50 17.50 0.25 0.00 7.00 0.00 40.00 Page 35 MILL VALLEY REFUSE SERVICE (Recycling Collection) DRIVERS ROUTES AND HOURS Mill Corte Valley Belvedere Madera Alto Tiburon County Homestead Strawberry Almonte Route #1 #2 #3 #4 #5 #6 & #9 #7 #8 #10 Total Man Hours Per Week 113.00 13.75 57.50 9.00 61.50 12.25 12.00 31.50 9.50 320.00 TOTALS Truck Hours per Week 113.00 13.75 57.50 9.00 61.50 12.25 12.00 31.50 9.50 320.00 SUMMARY Man Hours Per Week 113.00 13.75 57.50 9.00 61.50 12.25 12.00 31.50 9.50 320.00 multiply by Weeks in Year 52.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 Total Man Hours Per Year 5,876.00 715.00 2,990.00 468.00 3,198.00 637.00 624.00 1,638.00 494.00 16,640.00 Debris driver hours on Routes 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Clean up 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Spare/Swing Hours 734.50 89.38 373.75 58.50 399.75 79.63 78.00 204.75 61.75 2,080.00 TOTAL Labor Hours per Year 6,610.50 804.38 3,363.75 526.50 3,597.75 716.63 702.00 1,842.75 555.75 18,720.00 Page 36 Attachment 1 Mill Valley Refuse Service Allocation Statistics of Billings: Mill Valley Belvedere Corte Madera Alto Tiburon County Homestead Strawberry Almonte Total Residential 4274 847 2795 261 2720 749 913 873 632 14064 Commercial 255 10 136 10 75 17 4 43 15 565 Apartments 67 8 41 15 52 1 2 26 4 216 2023 Actual 4,596 865 2,972 286 2,847 767 919 942 651 14,845 Residential 4286 844 2795 262 2722 743 908 873 637 14070 Commercial 256 10 135 10 75 17 4 42 16 565 Apartments 67 8 41 15 52 1 2 26 4 216 2024/2025 Projected 4,609 862 2,971 287 2,849 761 914 941 657 14,851 Page 37 Attachment 1 MILL VALLEY REFUSE SERVICE CPI Landfill Director CM Porta TIB Disposal Landfill GW Recycling CPI %* Base Salary Potty Allow Potty Allow CM MV MV MV 471,075 12,000 37.75 2005 480,497 12,000 38.51 2006 495,872 12,384 39.74 2007 512,236 12,793 41.05 3.30 2008 528,115 13,189 42.32 3.10 2009 532,024 13,287 42.63 0.70 2010 539,472 13,473 43.23 1.40 2011 553,498 13,823 10,000 44.36 2.60 2012 568,443 14,196 10,270 45.55 2.70 2013 580,948 14,509 10,496 46.55 2.20 2014 597,215 14,915 10,790 47.86 2.80 2015 612,742 15,303 11,070 49.10 2.60 2016 631,125 15,762 11,402 50.58 3.00 2017 651,321 16,266 11,767 52.19 56.01 46.27 83.00 3.20 2018 676,722 16,901 12,226 54.23 58.19 48.07 86.24 3.90 2019 699,054 17,458 12,630 56.02 60.11 49.66 89.08 3.30 2020 710,938 17,755 12,844 56.97 61.14 50.51 90.60 1.70 2021 733,688 18,323 13,255 58.79 63.09 52.12 93.50 3.20 2022 774,775 19,349 13,998 62.09 66.63 55.04 98.73 5.60 2023 803,441 20,065 14,516 64.38 69.09 57.08 102.39 3.70 *Confirmed to Bureau of Labor Statistics Page 38 Attachment 1 Mill Valley Refuse Service Analysis of Imputed Rent for Fair Return on Investment 114 Front Street location is owned by MVRS yet the only costs that provide any return are: Building Deprecation 20,777 Commercial Property Insurance 43,000 Property Taxes 108,464 172,241 Monthly Annual Fair Market Rent (Add)36,637 439,644 est. 2015 Building Depreciation 20,777 Insurance 43,000 Property Taxes 108,464 Avoided Costs (Subtract)172,241 Net Cost 267,403 Fair return on Investment CM Cost + 10%26,740 All Others Operating Margin 29,711 Page 39 Attachment 2 Mill Valley Refuse Service Summary Revenue, Expenses, Pass-through and Exclusions, and Rate Change Necessary MILL CORTE 2024/2025 VALLEY BELVEDERE MADERA ALTO TIBURON COUNTY HOMESTEAD STRAWBERRY ALMONTE DEBRIS TOTAL 11236.34%1735.67%7000.91%834.14%6801.36%1476.60%1186.86%3616.99%911.13%348 0.322883435 0.049875561 0.201175705 0.023969415 0.195441487 0.042430924 0.034105088 0.103936529 0.026181855 19173137.17 Projected Net Revenue 6,190,688 956,271 3,857,169 459,569 3,747,226 813,534 653,902 1,992,789 501,988 85,700 19,258,837 Page 3 Franchise Fees 1,176,299 105,856 959,709 18,791 574,079 143,016 26,905 182,188 9,681 - 3,196,523 Page 3 Total Revenue 7,366,987 1,062,127 4,816,878 478,360 4,321,305 956,550 680,806 2,174,977 511,669 85,700 22,455,361 Operating Costs 6,151,387 943,533 3,899,706 444,389 3,654,885 744,741 645,708 1,909,253 497,277 110,681 19,001,561 Page 7 Property Tax Adjustment (5,250) (802) (3,061) (379) (3,162) (665) (535) (1,704) (419) - (15,978) Consulting Fees 112 17 70 8 68 15 12 36 9 - 348 Franchise Fees 1,176,299 105,856 959,709 18,791 574,079 143,016 26,905 182,188 9,681 - 3,196,523 Page 3 Total Operating Costs 7,322,549 1,048,604 4,856,424 462,809 4,225,870 887,106 672,089 2,089,773 506,548 110,681 22,182,454 Less: Pass-through Expenses 242,403 15,119 62,766 7,221 78,735 12,105 10,497 30,660 7,965 705 468,177 Page 24 Less: Adjustments and Excluded Expenses 107,762 18,711 190,392 6,483 103,109 10,682 10,410 27,097 7,226 481,873 Page 28 Less: Franchise Fees 1,176,299 105,856 959,709 18,791 574,079 143,016 26,905 182,188 9,681 - 3,196,523 Page 3 Profit Basis 5,796,085 908,918 3,643,556 430,314 3,469,947 721,303 624,277 1,849,828 481,675 109,976 18,035,880 Operating Ratio Allowance (90%)644,009 100,991 364,356 47,813 385,550 80,145 69,364 205,536 53,519 12,220 1,963,503 Calculation Add: Pass-through Expenses 242,403 15,119 62,766 7,221 78,735 12,105 10,497 30,660 7,965 705 468,177 Page 24 Add: Adjustments After Operating Ratio 17,113 6,723 84,291 709 7,802 1,255 (847) 3,074 (681) 119 119,558 Page 28 Add: Franchise Fees at Required Rates 1,275,805 113,892 1,017,670 23,628 721,664 143,568 33,990 231,781 10,519 - 3,572,516 Calculation Revenue Requirement 7,975,415 1,145,643 5,172,639 509,685 4,663,698 958,376 737,282 2,320,880 552,998 123,020 24,159,634 Net Excess (Deficiency)(608,428) (83,516) (355,760) (31,325) (342,392) (1,827) (56,476) (145,902) (41,329) (37,320) (1,704,274) Allocated debris excess - Net Excess (Deficiency)(608,428) (83,516) (355,760) (31,325) (342,392) (1,827) (56,476) (145,902) (41,329) (1,666,954) Percentage Excess (Deficiency)-8.26%-7.86%-7.39%-6.55%-7.92%-0.19%-8.30%-6.71%-8.08%0.00%-7.42% Page 1 EXHIBIT 4 May 28, 2024 Dear Town Council of Tiburon, We hope this leter finds you well. A�er our review of the rate adjustment with R3 Consul�ng Group for the period between July 1, 2024 and June 30, 2025, I am wri�ng to inform you that we are reques�ng an increase of 7.92%, which is a decrease of 0.23% from the ini�al request of 8.15% sent on 4/1/2024. The primary driver of the decrease was a minor reduc�on in projected property taxes and a removal of a deficiency alloca�on for non-franchised debris box opera�ons. We understand the importance of providing high-quality waste management services to the residents and businesses of Tiburon, and we are commited to doing so at a reasonable cost to maintain our service standards and fulfill our environmental responsibili�es. In 2024, we are in the second period of our union contract with our employees involved with our collec�on service and the proposed rate adjustment is crucial to sustain our workforce with salaries, benefits, and pension plans adjusted for cost of living. Furthermore, we have experienced escala�ng costs of insurance and increased expenses related to disposal and processing recyclable materials as we work towards diversion goals. With environmental sustainability prac�ces, we will con�nue to assist Tiburon in mee�ng the requirements of SB1383 by providing waste collec�on services, containers with labeling for accepted materials, and raising awareness with outreach in reducing organic waste from the landfill. As part of California’s climate plan goals in building a circular economy, we want to bring aten�on to SB54, the Plas�c Pollu�on Preven�on and Packaging Producer Responsibility Act. Due to 50% of packaging waste ending up in California landfills by volume, this law will address the impacts of single-use packaging and plas�c food service ware and reduce plas�c pollu�on. Currently, the packaging law is moving towards implementa�on with the Circular Ac�on Alliance approved as the first Producer Responsibility Organiza�on. By 2032, SB54 requires the following: - Reduce 25% of single-use plas�c packaging and food ware being sold. - Recycle 65% of single-use plas�c packaging and food ware. - Ensure 100% of single-use plas�c packaging and food ware to be recyclable or compostable. Pertaining to our fleet complying with California Air Resources Board (“CARB”), we are now required to convert our exis�ng heavy-duty vehicles to zero emission vehicles (“ZEV”) under the Advanced Clean Fleets (“ACF”) rulemaking beginning in 2027. As an essen�al service provider, we are working diligently to prepare for the future in garnering an understanding with addressing significant challenges in implementa�on. Currently, we will need to evaluate batery range op�ons with ZEVs, which impact driving distance, and loss of payload efficiency, which impacts amount of material collec�on. Given the legisla�ve and regulatory changes, we have put an emphasis on keeping the community informed and engaged in these efforts through outreach and events. We deeply value our rela�onship with Tiburon and are commited to providing the best service for our customers. We appreciate your considera�on and support. Thank you for your �me and aten�on to this mater. If you have ques�ons, comments, or concerns, please do not hesitate to contact us. Gene Della Zoppa, CEO and Managing Partner 5/24/2024 Mill Valley Refuse Service Rate Application - 2024/2025 Page Index Summarized Financial Results 1 Expected Revenue, Expenses, Pass-Through, Exclusions, and Rate Change Necessary Revenues 2 Basis - Calendar 2023 3 Expectations - Rate year 2024/2025 4 Debris Revenues Expenses Summary 5 Basis - Calendar 2023 6 Expectations - Rate Year 2024/2025 7 - 17 Allocations by Jurisdiction Details 18-19 Depreciation, New Equipment Purchases for 2024/2025 20 Dump Costs 21 Insurance 22 Employee Costs 23 Street Sweeping Summary of Pass-Through, Adjustments, and Disallowed Items 24 Pass-Through Expenses 25 City Services 26 Dump Cost Caps 27 Fixed Franchise Fees/Road Impact 28 Adjustments and Disallowed Expenses Assumptions 29 Summary Allocation Methodology 30-36 Truck Route Hours: Garbage, Compost and Recycling Routes 37 Billings by Jurisdiction 38 CPI, and history thereof 39 Imputed Rent Mill Valley Refuse Service Summary Revenue, Expenses, Pass-through and Exclusions, and Rate Change Necessary MILL CORTE 2024/2025 VALLEY BELVEDERE MADERA ALTO TIBURON COUNTY HOMESTEAD STRAWBERRY ALMONTE DEBRIS TOTAL Projected Net Revenue 6,190,688 956,271 3,857,169 459,569 3,747,226 813,534 653,902 1,992,789 501,988 85,700 19,258,837 Page 3 Franchise Fees 1,176,299 105,856 959,709 18,791 574,079 143,016 26,905 182,188 9,681 - 3,196,523 Page 3 Total Revenue 7,366,987 1,062,127 4,816,878 478,360 4,321,305 956,550 680,806 2,174,977 511,669 85,700 22,455,361 Operating Costs 6,151,387 943,533 3,899,706 444,389 3,654,885 744,741 645,708 1,909,253 497,277 110,681 19,001,561 Page 7 Property Tax Adjustment (5,250) (802) (3,061) (379) (3,162) (665) (535) (1,704) (419) - (15,978) Consulting Fees 112 17 70 8 68 15 12 36 9 - 348 Franchise Fees 1,176,299 105,856 959,709 18,791 574,079 143,016 26,905 182,188 9,681 - 3,196,523 Page 3 Total Operating Costs 7,322,549 1,048,604 4,856,424 462,809 4,225,870 887,106 672,089 2,089,773 506,548 110,681 22,182,454 Less: Pass-through Expenses 242,403 15,119 62,766 7,221 78,735 12,105 10,497 30,660 7,965 705 468,177 Page 24 Less: Adjustments and Excluded Expenses 107,762 18,711 190,392 6,483 103,109 10,682 10,410 27,097 7,226 481,873 Page 28 Less: Franchise Fees 1,176,299 105,856 959,709 18,791 574,079 143,016 26,905 182,188 9,681 - 3,196,523 Page 3 Profit Basis 5,796,085 908,918 3,643,556 430,314 3,469,947 721,303 624,277 1,849,828 481,675 109,976 18,035,880 Operating Ratio Allowance (90%)644,009 100,991 364,356 47,813 385,550 80,145 69,364 205,536 53,519 12,220 1,963,503 Calculation Add: Pass-through Expenses 242,403 15,119 62,766 7,221 78,735 12,105 10,497 30,660 7,965 705 468,177 Page 24 Add: Adjustments After Operating Ratio 17,113 6,723 84,291 709 7,802 1,255 (847) 3,074 (681) 119 119,558 Page 28 Add: Franchise Fees at Required Rates 1,275,805 113,892 1,017,670 23,628 721,664 143,568 33,990 231,781 10,519 - 3,572,516 Calculation Revenue Requirement 7,975,415 1,145,643 5,172,639 509,685 4,663,698 958,376 737,282 2,320,880 552,998 123,020 24,159,634 Net Excess (Deficiency)(608,428) (83,516) (355,760) (31,325) (342,392) (1,827) (56,476) (145,902) (41,329) (37,320) (1,704,274) Percentage Excess (Deficiency)-8.26%-7.86%-7.39%-6.55%-7.92%-0.19%-8.30%-6.71%-8.08%0.00%-7.42% Page 1 MILL VALLEY REFUSE SERVICE Collection Revenues Actual for the Year of 2023 MILL CORTE VALLEY BELVEDERE MADERA ALTO TIBURON COUNTY HOMESTEAD STRAWBERRY ALMONTE OTHER TOTAL GARBAGE REVENUES 5,746,857$ 851,515$ 3,506,476$ 359,007$ 3,408,962$ 763,806$ 527,370$ 1,738,455$ 404,329$ -$ 17,306,777$ Page 3 RECYCLING REVENUES 1,178,762 116,276 734,965 68,824 589,914 103,323 92,056 349,595 72,353 - 3,306,068 Page 3 DEBRIS REVENUES 284,938 24,970 475,344 28,964 184,714 68,299 46,163 63,285 25,541 110,451 1,312,669 SCRAP REVENUES 15,691 1,548 9,784 916 7,853 1,375 1,225 4,654 963 - 44,009 COLLECTION REVENUES 7,226,248 994,309 4,726,568 457,711 4,191,443 936,804 666,814 2,155,988 503,186 110,451 21,969,523 32.9% 4.5% 21.5% 2.1% 19.1% 4.3% 3.0% 9.8% 2.3% 0.5% 100.0% FRANCHISE FEES PAID: GARBAGE 1,149,371$ 85,151$ 701,295$ 17,950$ 528,389$ 114,571$ 26,368$ 173,846$ 8,087$ 2,805,029$ DEBRIS 4,969 2,484 89,162 28,222 10,130 - 6,029 - 140,997 RECYCLING - 11,628 146,993 - - 15,498 - - 1,447 175,566 3% FEE - - - - - 27,401 - - - 27,401 TOTAL 1,154,341 99,264 937,450 17,950 556,612 167,601 26,368 179,874 9,534 - 3,148,993 NET COLLECTION REVENUES 6,071,907$ 895,045$ 3,789,118$ 439,761$ 3,634,832$ 769,203$ 640,446$ 1,976,114$ 493,652$ 110,451$ 18,820,530$ 21,969,523 PERCENTAGE OF NET TOTAL 32.26%4.76%20.13%2.34%19.31%4.09%3.40%10.50%2.62%0.59%100.00% FRANCHISE FEES PERCENTAGES: GARBAGE 20.00%10.00%20.00%5.00%15.50%15.00%5.00%10.00%2.00% DEBRIS 2.00%10.00%20.00%0.00%15.50%15.00%0.00%10.00%0.00% RECYCLING 0.00%10.00%20.00%0.00%0.00%15.00%0.00%0.00%2.00% This schedule presents the collection revenues for the Calendar Year 2023 and provides the basis for projecting the expected revenues in the new rate year, July 1, 2024 to June 30, 2025. Page 2 MILL VALLEY REFUSE SERVICE Collection Revenues Forecast for the Year 2024/2025 MILL CORTE VALLEY BELVEDERE MADERA ALTO TIBURON COUNTY HOMESTEAD STRAWBERRY ALMONTE DEBRIS TOTAL Garbage Revenues 5,853,001 887,284 3,564,891 375,825 3,519,021 778,976 538,091 1,758,594 409,900 17,685,584 Recycling Revenues 1,199,656 121,305 758,309 106,163 74,151 2,259,585 Debris Revenues 284,938 49,970 475,344 184,714 68,299 63,285 1,126,550 Page 4 Scrap Revenues - TOTAL 7,337,595 1,058,559 4,798,545 375,825 3,703,735 953,439 538,091 1,821,879 484,051 - 21,071,719 Garbage FF Fee %20.00%10.00%20.00%5.00%15.50%15.00%5.00%10.00%2.00% Debris FF Fee %2.00%10.00%20.00%0.00%15.50%15.00%0.00%10.00%0.00% Recycling FF Fee %0.00%10.00%20.00%0.00%0.00%15.00%0.00%0.00%2.00% Franchise Fees 1,176,299 105,856 959,709 18,791 574,079 143,016 26,905 182,188 9,681 - 3,196,523 Page 1 Average Franchise Fee %16.03%10.00%20.00%4.64%15.50%15.00%4.60%10.00%1.90% Recycling Revenues 71,663 601,516 93,881 343,985 1,111,045 Debris Revenues 28,964 46,163 25,541 85,451 186,119 Page 4 Scrap Revenues 15,691 1,548 9,784 916 7,853 1,375 1,225 4,654 963 44,009 Storage Box Rental Revenues 13,701 2,020 8,550 992 8,202 1,736 1,445 4,459 1,114 249 42,468 Net Collection Revenues 6,190,688 956,271 3,857,169 459,569 3,747,226 813,534 653,902 1,992,789 501,988 85,700 19,258,837 Page 1 Percentage of Net Revenues 32.14%4.97%20.03%2.39%19.46%4.22%3.40%10.35%2.61%0.44%100.00% 2023 Garbage Revenue 5,746,857 851,515 3,506,476 359,007 3,408,962 763,806 527,370 1,738,455 404,329 17,306,777 Page 2 Plus (Less) RE Service Adjustments 92,047 29,272 38,227 4,630 54,936 8,914 10,560 15,000 7,726 261,311 Plus (Less) CO Service Adjustments (1,504) 1,930 (34,809) 1,937 44,775 5,326 (96) 5,480 (2,559) 20,481 Plus (Less) AP Service Adjustments 15,601 4,568 54,997 10,251 10,347 930 257 (341) 404 97,015 Expected 2024-2025 Net Garbage Revenue 5,853,001 887,284 3,564,891 375,825 3,519,021 778,976 538,091 1,758,594 409,900 - 17,685,584 2023 Recycling Revenue 1,178,762 116,276 734,965 68,824 589,914 103,323 92,056 349,595 72,353 - 3,306,068 Page 2 Plus (Less) Service Adjustments 20,894 5,029 23,344 2,839 11,601 2,840 1,826 (5,609) 1,799 64,562 Expected 2024-2025 Net Recycling Revenue 1,199,656 121,305 758,309 71,663 601,516 106,163 93,881 343,985 74,151 3,370,630 The forecasted revenue for 2024/2025 is based upon the calendar year results for 2023 adjusted for the changes in service levels and the rate structure. Calendar Year 2023 includes revenues from both the Rate Year ended June 30, 2022 and June 30, 2023. To adjust for Residential Changes, we evaluated the changes in the level of service and rate adjustment from January 2024 to June 2024 from the Rate Year ended June 30, 2023. To adjust for Apartment Changes, we evaluated the changes in the level of service and rate adjustment from January 2024 to June 2024. We expect that, prior to any necessary rate change, that the revenue will be earned for 6 additional months at the rates effective from the Rate Year ending June 30, 2023. To adjust for Commercial Changes, we evaluated Q1 results in 2024 annualized, which includes the 2023/2024 rate year rates and our best estimate of service levels for those customers in the new rate year. Page 3 MILL VALLEY REFUSE SERVICE Debris Box Revenues MILL CORTE MISC. VALLEY BELVEDERE MADERA ALTO TIBURON COUNTY HOMESTEAD STRAWBERRY ALMONTE AREAS TOTAL 2023 DEBRIS 284,938 24,970 475,344 28,964 184,714 68,299 46,163 63,285 25,541 110,451 1,312,669 4 YARD BOXES 0 0 0 0 0 0 0 0 0 0 0 OTHER 0 0 0 0 0 0 0 0 0 0 0 TOTAL BOX REVENUE 284,938 24,970 475,344 28,964 184,714 68,299 46,163 63,285 25,541 110,451 1,312,669 PERCENTAGE 21.71%1.90%36.21%2.21%14.07%5.20%3.52%4.82%1.95%8.41%100.00% Actual Franchise Fees (4,969)(2,484)(89,162)0 (28,222)(10,130)0 (6,029)0 0 (140,997) PROJECTED REVENUES 2024 / 2025 TOTAL PROJECTED REVENUES 284,938 49,970 475,344 28,964 184,714 68,299 46,163 63,285 25,541 85,451 1,312,669 Page 3 x 2%x10% x 20% x 0% x15.5%x15% x 0% x 10% x 0% x 0% EST. FRANCHISE FEES 5,699 4,997 95,069 0 28,631 10,245 0 6,329 0 0 150,970 NET PROJECTED REVENUES 279,239 44,973 380,275 28,964 156,083 58,054 46,163 56,956 25,541 85,451 1,161,699 Page 4 MILL VALLEY REFUSE SERVICE FINANCIAL STATEMENT SUMMARY - SCHEDULE OF OPERATING INCOME (LOSS) Calendar Year 2023 - Allocations Based upon Expectations and Contract Stipulations The actual 2023 income and expenses form the basis of the projected expenses for 2024/2025 rate year adjusted for contractual obligations, market changes, and cost of living. 12/31/2023 FRANCHISE STREET PORTABLE ACTUAL COLLECTION SWEEPING TOILETS INCOME Collection services revenue 21,005,383 21,005,383$ -$ Debris box revenue 1,312,669 1,312,669 Storage box revenue 42,468 42,468 Recycling redemption revenue 44,009 44,009 Street sweeping income - - Portable Toilets 1,553,067 - 1,553,067 Damage Waiver 86,925 - 86,925 Miscellaneous revenue 53,049 53,049 Total revenue 24,097,570$ 22,457,578$ -$ 1,639,992$ EXPENSES Accounting 21,825 20,734$ 1,091$ Advertising and promotion 15,818 5,974 9,844 Computer expense 176,891 176,891 Depreciation 1,050,015 956,681 28,587 64,747 Dump expense 2,384,941 2,348,532 36,409 Road Impact Fees/Flat 214,910 214,910 Franchise Fees -% 3,148,993 3,148,993 Insurance (less Director) 1,047,657 984,797 10,477 52,383 Insurance - workers comp. 1,200,071 1,073,441 10,557 116,073 Interest 160,349 146,158 14,191 Legal and professional 195,587 195,587 Licenses - trucks 79,571 71,863 2,083 5,625 Licenses - other 31,903 25,267 6,635 Building/Office Maintenance and repairs 51,981 51,981 General Office Expenses 257,775 242,309 2,578 12,889 JPA Office of waste management fees 305,508 305,508 Porta Potty Expenses 116,572 - 116,572 Safety Plan/DOT Tests 51,010 51,010 Salaries and wages - Franchise 5,086,692 5,086,692 Salaries excluded and non franchise 1,787,286 1,180,480 27,124 579,682 Taxes - payroll 486,931 443,947 1,921 41,063 Taxes - real estate and business property 111,271 104,594 1,113 5,564 Telephone 34,530 32,458 345 1,727 Truck - parts repairs 668,505 649,906 6,685 11,914 Truck - tires 130,889 123,036 1,309 6,544 Truck - fuel and oil 1,126,314 1,058,736 11,263 56,316 Union - health and welfare 1,654,897 1,437,947 22,526 194,424 Union - pension 1,450,895 1,280,386 9,217 161,292 Utilities 55,043 51,741 550 2,752 Total expenses 23,104,631 21,470,559$ 136,336$ 1,497,736$ INCOME (LOSS) FROM OPERATIONS 992,939$ 987,019$ (136,336)$ 142,256$ Page 5 MILL VALLEY REFUSE SERVICE FINANCIAL STATEMENT SUMMARY - SCHEDULE OF OPERATING INCOME (LOSS) Rate Year 2024/2025 - Allocations Based upon Expectations and Contract Stipulations The actual 2023 expenses form the basis of the projected expenses for 2024/2025 rate year, adjusted for contractual obligations, market changes, and cost of living. See referenced source for further information FRANCHISE 2024/2025 COLLECTION STREET PORTABLE EXPECTED (to Allocation, Page 7)SWEEPING TOILETS INCOME Collection services revenue 21,056,214 21,056,214$ -$ Page 3 Debris box revenue 1,312,669 1,312,669 Page 3 Storage box revenue 42,468 42,468 Page 3 Recycling redemption revenue 44,009 44,009 Page 3 Street sweeping income - - - Portable Toilets 1,553,067 - 1,553,067 Damage Waiver 86,925 - 86,925 Miscellaneous revenue - - Total revenue 24,095,352$ 22,455,361$ -$ 1,639,992$ EXPENSES Accounting 22,633$ 21,501$ 1,132$ Advertising and promotion 16,403 5,741 10,662 Computer expense 183,436 183,436 Depreciation 1,075,459 984,052 28,500 62,907 Page 18 Dump expense 2,811,985 2,774,665 - 37,320 Page 20 Road Impact Fees/Flat 163,994 163,994 Page 27 Franchise Fees -% 3,196,523 3,196,523 Page 3 Insurance (less Director) 1,126,260 1,058,684 11,263 56,313 Page 21 Insurance - workers comp. 1,056,600 923,003 11,721 121,876 Page 21 Interest 160,349 146,158 14,191 Legal and professional 179,871 144,143 10,000 Licenses - trucks 79,571 71,082 2,083 6,406 Licenses - other 31,903 24,970 6,933 Building/Office Maintenance and repairs 53,904 53,904 General Office Expenses 267,313 251,274 2,673 13,366 JPA Office of waste management fees 316,812 316,812 Porta Potty Expenses 120,885 - 120,885 Safety Plan/DOT Tests 52,898 52,898 Salaries and wages - Franchise 5,492,213 5,492,213 Page 22 Salaries excluded and non franchise 1,899,632 1,050,094 64,116 785,422 Page 22 Taxes - payroll 506,059 447,898 4,389 53,771 Page 22 Taxes - real estate and business property 115,388 108,464 1,154 5,769 Telephone 35,808 33,659 358 1,790 Truck - parts repairs 693,240 665,933 6,932 20,374 Truck - tires 135,732 127,588 1,357 6,787 Truck - fuel and oil 1,167,988 1,097,909 11,680 58,399 Union - health and welfare 1,621,758 1,350,802 10,108 260,848 Page 22 Union - pension 1,422,746 1,205,350 9,044 208,352 Page 22 Utilities 57,080 53,655 571 2,854 Total expenses 24,064,441$ 22,006,406$ 165,949$ 1,866,357$ INCOME (LOSS) FROM OPERATIONS 30,911$ 448,954$ (165,949)$ (226,365)$ Page 6 MILL VALLEY REFUSE SERVICE Schedule of Operating Income (Loss)15,979 FOR THE PROJECTED RATE YEAR : 2024/2025 Franchise Operations Only DIRECT SHARED Projected COSTS COSTS ITEM #PERCENT AMOUNT INCOME Net Collection Revenues (net of franchise fees) 19,258,837 19,258,837 6,190,688.39 EXPENSES Accounting 21,501 - 21,501 1 31.03% 6,672.79 Advertising and promotion 5,741 - 5,741 5 32.14% 1,845.43 Computer expense 183,436 - 183,436 5 32.14% 58,964.96 Depreciation 984,052 - 984,052 8 31.80% 312,918.47 Dump expense 2,774,665 - 2,774,665 9 31.20% 865,778.90 Road impact fees/admin fees 163,994 (163,994) - DIRECT 148,993.60 Insurance 1,058,684 - 1,058,684 2 30.73% 325,374.56 Insurance - workers comp. 923,003 - 923,003 7 31.80% 293,505.73 Interest 146,158 - 146,158 3 30.07% 43,949.53 Legal and professional 144,143 - 144,143 5 32.14% 46,334.24 Licenses - trucks 71,082 - 71,082 3 30.07% 21,374.37 Licenses - other 24,970 - 24,970 5 32.14% 8,026.44 Building/Office Maintenance and repairs 53,904 - 53,904 5 32.14% 17,327.22 Office Rent - imputed see calculation below General Office Expenses 251,274 - 251,274 5 32.14% 80,771.30 JPA Office of waste management fees 316,812 - 316,812 5 32.14% 101,838.08 Safety Plan/DOT Tests 52,898 - 52,898 7 31.80% 16,820.98 Salaries and wages - franchise 5,492,213 - 5,492,213 6 32.86% 1,804,513.21 Salaries and wages - officers 1,050,094 - 1,050,094 7 31.80% 333,919.36 Taxes - payroll 447,898 - 447,898 7 31.80% 142,426.98 Taxes - real estate and business property 92,486 - 92,486 6 32.86% 30,387.06 Telephone 33,659 - 33,659 1 31.03% 10,446.15 Truck - parts & repairs 665,933 - 665,933 3 30.07% 200,245.64 Truck - tires 127,588 - 127,588 3 30.07% 38,365.62 Truck - fuel 1,097,909 - 1,097,909 3 30.07% 330,140.41 Union - health and welfare 1,350,802 - 1,350,802 7 31.80% 429,541.41 Union - pension 1,205,350 - 1,205,350 7 31.80% 383,289.20 Utilities 53,655 53,655 1 31.03% 16,651.85 Street Sweeping Costs Allocated 165,949 (165,949) - DIRECT 67,443.45 R3 Fees for 2023 & 2024 25,833 Total expenses to Page 1. from page 6 12,430,355 (329,943) 12,100,412 6,137,866.96 INCOME (LOSS) FROM OPERATIONS 6,828,483 329,943 7,158,426 52,821.43 Imputed Return on Rent - Operating Margin Method 29,711 - 29,711 Imputed Return on Rent - Cost Plus 10% 26,740 - 26,740 Expenses are allocated to each jurisdiction based upon what generally drives the cost. For example, fuel costs are allocated based upon truck hours spent in each jurisdiction. We allocate based upon Revenues, Number of Billings, Labor Hours, and Truck Hours. There are also direct costs, such as street sweeping and road impact fees that are allocated directly. MILL VALLEY ALLOCATION Pages 7 MILL VALLEY REFUSE SERVICE Schedule of Operating Income (Loss)15,979 FOR THE PROJECTED RATE YEAR : 2024/2025 Franchise Operations Only DIRECT SHARED Projected COSTS COSTS INCOME Net Collection Revenues (net of franchise fees) 19,258,837 19,258,837 EXPENSES Accounting 21,501 - 21,501 Advertising and promotion 5,741 - 5,741 Computer expense 183,436 - 183,436 Depreciation 984,052 - 984,052 Dump expense 2,774,665 - 2,774,665 Road impact fees/admin fees 163,994 (163,994) - Insurance 1,058,684 - 1,058,684 Insurance - workers comp. 923,003 - 923,003 Interest 146,158 - 146,158 Legal and professional 144,143 - 144,143 Licenses - trucks 71,082 - 71,082 Licenses - other 24,970 - 24,970 Building/Office Maintenance and repairs 53,904 - 53,904 Office Rent - imputed see calculation below General Office Expenses 251,274 - 251,274 JPA Office of waste management fees 316,812 - 316,812 Safety Plan/DOT Tests 52,898 - 52,898 Salaries and wages - franchise 5,492,213 - 5,492,213 Salaries and wages - officers 1,050,094 - 1,050,094 Taxes - payroll 447,898 - 447,898 Taxes - real estate and business property 92,486 - 92,486 Telephone 33,659 - 33,659 Truck - parts & repairs 665,933 - 665,933 Truck - tires 127,588 - 127,588 Truck - fuel 1,097,909 - 1,097,909 Union - health and welfare 1,350,802 - 1,350,802 Union - pension 1,205,350 - 1,205,350 Utilities 53,655 53,655 Street Sweeping Costs Allocated 165,949 (165,949) - R3 Fees for 2023 & 2024 25,833 Total expenses to Page 1. from page 6 12,430,355 (329,943) 12,100,412 INCOME (LOSS) FROM OPERATIONS 6,828,483 329,943 7,158,426 Imputed Return on Rent - Operating Margin Method 29,711 - 29,711 Imputed Return on Rent - Cost Plus 10% 26,740 - 26,740 Expenses are allocated to each jurisdiction based upon what generally drives the cost. For example, fuel costs are allocated based upon truck hours spent in each jurisdiction. We allocate based upon Revenues, Number of Billings, Labor Hours, and Truck Hours. There are also direct costs, such as street sweeping and road impact fees that are allocated directly. ITEM #PERCENT AMOUNT 956,270.98 1 5.80% 1,247.98 5 4.97% 285.06 5 4.97% 9,108.27 8 5.04% 49,633.73 9 5.33% 147,990.82 DIRECT - 2 4.73% 50,096.37 7 5.04% 46,554.57 3 4.96% 7,250.39 5 4.97% 7,157.21 3 4.96% 3,526.15 5 4.97% 1,239.84 5 4.97% 2,676.52 5 4.97% 12,476.68 5 4.97% 15,730.85 7 5.04% 2,668.07 6 5.02% 275,787.59 7 5.04% 52,964.80 7 5.04% 22,591.13 6 5.02% 4,644.12 1 5.80% 1,953.70 3 4.96% 33,034.71 3 4.96% 6,329.21 3 4.96% 54,463.57 7 5.04% 68,131.94 7 5.04% 60,795.62 1 5.80% 3,114.32 941,453.24 14,817.74 5 4.97% 1,475.28 BELVEDERE ALLOCATION Pages 8 MILL VALLEY REFUSE SERVICE Schedule of Operating Income (Loss)15,979 FOR THE PROJECTED RATE YEAR : 2024/2025 Franchise Operations Only DIRECT SHARED Projected COSTS COSTS INCOME Net Collection Revenues (net of franchise fees) 19,258,837 19,258,837 EXPENSES Accounting 21,501 - 21,501 Advertising and promotion 5,741 - 5,741 Computer expense 183,436 - 183,436 Depreciation 984,052 - 984,052 Dump expense 2,774,665 - 2,774,665 Road impact fees/admin fees 163,994 (163,994) - Insurance 1,058,684 - 1,058,684 Insurance - workers comp. 923,003 - 923,003 Interest 146,158 - 146,158 Legal and professional 144,143 - 144,143 Licenses - trucks 71,082 - 71,082 Licenses - other 24,970 - 24,970 Building/Office Maintenance and repairs 53,904 - 53,904 Office Rent - imputed see calculation below General Office Expenses 251,274 - 251,274 JPA Office of waste management fees 316,812 - 316,812 Safety Plan/DOT Tests 52,898 - 52,898 Salaries and wages - franchise 5,492,213 - 5,492,213 Salaries and wages - officers 1,050,094 - 1,050,094 Taxes - payroll 447,898 - 447,898 Taxes - real estate and business property 92,486 - 92,486 Telephone 33,659 - 33,659 Truck - parts & repairs 665,933 - 665,933 Truck - tires 127,588 - 127,588 Truck - fuel 1,097,909 - 1,097,909 Union - health and welfare 1,350,802 - 1,350,802 Union - pension 1,205,350 - 1,205,350 Utilities 53,655 53,655 Street Sweeping Costs Allocated 165,949 (165,949) - R3 Fees for 2023 & 2024 25,833 Total expenses to Page 1. from page 6 12,430,355 (329,943) 12,100,412 INCOME (LOSS) FROM OPERATIONS 6,828,483 329,943 7,158,426 Imputed Return on Rent - Operating Margin Method 29,711 - 29,711 Imputed Return on Rent - Cost Plus 10% 26,740 - 26,740 Expenses are allocated to each jurisdiction based upon what generally drives the cost. For example, fuel costs are allocated based upon truck hours spent in each jurisdiction. We allocate based upon Revenues, Number of Billings, Labor Hours, and Truck Hours. There are also direct costs, such as street sweeping and road impact fees that are allocated directly. ITEM #PERCENT AMOUNT 3,857,169.39 1 20.01% 4,301.34 5 20.03% 1,149.82 5 20.03% 36,738.70 8 21.58% 212,404.32 9 20.77% 576,316.68 DIRECT 9,000.00 2 21.90% 231,812.13 7 21.58% 199,227.24 3 21.07% 30,790.22 5 20.03% 28,869.00 3 21.07% 14,974.49 5 20.03% 5,000.95 5 20.03% 10,795.89 5 20.03% 50,325.36 5 20.03% 63,451.22 7 21.58% 11,417.83 6 19.16% 1,052,218.20 7 21.58% 226,659.41 7 21.58% 96,677.28 6 19.16% 17,718.80 1 20.01% 6,733.68 3 21.07% 140,288.37 3 21.07% 26,878.24 3 21.07% 231,290.23 7 21.58% 291,566.21 7 21.58% 260,170.90 1 20.01% 10,733.92 DIRECT 43,981.44 3,891,491.87 (34,322.49) 5 20.03% 5,355.56 CORTE MADERA ALLOCATION Pages 9 MILL VALLEY REFUSE SERVICE Schedule of Operating Income (Loss)15,979 FOR THE PROJECTED RATE YEAR : 2024/2025 Franchise Operations Only DIRECT SHARED Projected COSTS COSTS INCOME Net Collection Revenues (net of franchise fees) 19,258,837 19,258,837 EXPENSES Accounting 21,501 - 21,501 Advertising and promotion 5,741 - 5,741 Computer expense 183,436 - 183,436 Depreciation 984,052 - 984,052 Dump expense 2,774,665 - 2,774,665 Road impact fees/admin fees 163,994 (163,994) - Insurance 1,058,684 - 1,058,684 Insurance - workers comp. 923,003 - 923,003 Interest 146,158 - 146,158 Legal and professional 144,143 - 144,143 Licenses - trucks 71,082 - 71,082 Licenses - other 24,970 - 24,970 Building/Office Maintenance and repairs 53,904 - 53,904 Office Rent - imputed see calculation below General Office Expenses 251,274 - 251,274 JPA Office of waste management fees 316,812 - 316,812 Safety Plan/DOT Tests 52,898 - 52,898 Salaries and wages - franchise 5,492,213 - 5,492,213 Salaries and wages - officers 1,050,094 - 1,050,094 Taxes - payroll 447,898 - 447,898 Taxes - real estate and business property 92,486 - 92,486 Telephone 33,659 - 33,659 Truck - parts & repairs 665,933 - 665,933 Truck - tires 127,588 - 127,588 Truck - fuel 1,097,909 - 1,097,909 Union - health and welfare 1,350,802 - 1,350,802 Union - pension 1,205,350 - 1,205,350 Utilities 53,655 53,655 Street Sweeping Costs Allocated 165,949 (165,949) - R3 Fees for 2023 & 2024 25,833 Total expenses to Page 1. from page 6 12,430,355 (329,943) 12,100,412 INCOME (LOSS) FROM OPERATIONS 6,828,483 329,943 7,158,426 Imputed Return on Rent - Operating Margin Method 29,711 - 29,711 Imputed Return on Rent - Cost Plus 10% 26,740 - 26,740 Expenses are allocated to each jurisdiction based upon what generally drives the cost. For example, fuel costs are allocated based upon truck hours spent in each jurisdiction. We allocate based upon Revenues, Number of Billings, Labor Hours, and Truck Hours. There are also direct costs, such as street sweeping and road impact fees that are allocated directly. ITEM #PERCENT AMOUNT 459,568.88 1 1.93% 415.51 5 2.39% 137.00 5 2.39% 4,377.29 8 2.39% 23,548.53 9 2.49% 69,105.85 DIRECT - 2 2.22% 23,521.33 7 2.39% 22,087.64 3 2.32% 3,385.65 5 2.39% 3,439.65 3 2.32% 1,646.57 5 2.39% 595.85 5 2.39% 1,286.29 5 2.39% 5,996.10 5 2.39% 7,560.00 7 2.39% 1,265.86 6 2.37% 130,314.66 7 2.39% 25,128.95 7 2.39% 10,718.28 6 2.37% 2,194.43 1 1.93% 650.48 3 2.32% 15,425.90 3 2.32% 2,955.49 3 2.32% 25,432.33 7 2.39% 32,324.94 7 2.39% 28,844.25 1 1.93% 1,036.90 443,395.71 16,173.17 5 2.39% 709.00 ALTO ALLOCATION Pages 10 MILL VALLEY REFUSE SERVICE Schedule of Operating Income (Loss)15,979 FOR THE PROJECTED RATE YEAR : 2024/2025 Franchise Operations Only DIRECT SHARED Projected COSTS COSTS INCOME Net Collection Revenues (net of franchise fees) 19,258,837 19,258,837 EXPENSES Accounting 21,501 - 21,501 Advertising and promotion 5,741 - 5,741 Computer expense 183,436 - 183,436 Depreciation 984,052 - 984,052 Dump expense 2,774,665 - 2,774,665 Road impact fees/admin fees 163,994 (163,994) - Insurance 1,058,684 - 1,058,684 Insurance - workers comp. 923,003 - 923,003 Interest 146,158 - 146,158 Legal and professional 144,143 - 144,143 Licenses - trucks 71,082 - 71,082 Licenses - other 24,970 - 24,970 Building/Office Maintenance and repairs 53,904 - 53,904 Office Rent - imputed see calculation below General Office Expenses 251,274 - 251,274 JPA Office of waste management fees 316,812 - 316,812 Safety Plan/DOT Tests 52,898 - 52,898 Salaries and wages - franchise 5,492,213 - 5,492,213 Salaries and wages - officers 1,050,094 - 1,050,094 Taxes - payroll 447,898 - 447,898 Taxes - real estate and business property 92,486 - 92,486 Telephone 33,659 - 33,659 Truck - parts & repairs 665,933 - 665,933 Truck - tires 127,588 - 127,588 Truck - fuel 1,097,909 - 1,097,909 Union - health and welfare 1,350,802 - 1,350,802 Union - pension 1,205,350 - 1,205,350 Utilities 53,655 53,655 Street Sweeping Costs Allocated 165,949 (165,949) - R3 Fees for 2023 & 2024 25,833 Total expenses to Page 1. from page 6 12,430,355 (329,943) 12,100,412 INCOME (LOSS) FROM OPERATIONS 6,828,483 329,943 7,158,426 Imputed Return on Rent - Operating Margin Method 29,711 - 29,711 Imputed Return on Rent - Cost Plus 10% 26,740 - 26,740 Expenses are allocated to each jurisdiction based upon what generally drives the cost. For example, fuel costs are allocated based upon truck hours spent in each jurisdiction. We allocate based upon Revenues, Number of Billings, Labor Hours, and Truck Hours. There are also direct costs, such as street sweeping and road impact fees that are allocated directly. ITEM #PERCENT AMOUNT 3,747,226.44 1 19.18% 4,124.71 5 19.46% 1,117.04 5 19.46% 35,691.52 8 19.27% 189,583.02 9 19.55% 542,415.70 DIRECT 6,000.00 2 18.23% 193,034.33 7 19.27% 177,821.72 3 18.36% 26,829.65 5 19.46% 28,046.13 3 18.36% 13,048.31 5 19.46% 4,858.41 5 19.46% 10,488.17 5 19.46% 48,890.91 5 19.46% 61,642.64 7 19.27% 10,191.06 6 19.79% 1,086,793.58 7 19.27% 202,306.50 7 19.27% 86,290.01 6 19.79% 18,301.03 1 19.18% 6,457.17 3 18.36% 122,242.98 3 18.36% 23,420.88 3 18.36% 201,539.20 7 19.27% 260,239.54 7 19.27% 232,217.43 1 19.18% 10,293.15 DIRECT 42,832.73 3,646,717.51 100,508.93 5 19.46% 5,781.00 TIBURON ALLOCATION Pages 11 MILL VALLEY REFUSE SERVICE Schedule of Operating Income (Loss)15,979 FOR THE PROJECTED RATE YEAR : 2024/2025 Franchise Operations Only DIRECT SHARED Projected COSTS COSTS INCOME Net Collection Revenues (net of franchise fees) 19,258,837 19,258,837 EXPENSES Accounting 21,501 - 21,501 Advertising and promotion 5,741 - 5,741 Computer expense 183,436 - 183,436 Depreciation 984,052 - 984,052 Dump expense 2,774,665 - 2,774,665 Road impact fees/admin fees 163,994 (163,994) - Insurance 1,058,684 - 1,058,684 Insurance - workers comp. 923,003 - 923,003 Interest 146,158 - 146,158 Legal and professional 144,143 - 144,143 Licenses - trucks 71,082 - 71,082 Licenses - other 24,970 - 24,970 Building/Office Maintenance and repairs 53,904 - 53,904 Office Rent - imputed see calculation below General Office Expenses 251,274 - 251,274 JPA Office of waste management fees 316,812 - 316,812 Safety Plan/DOT Tests 52,898 - 52,898 Salaries and wages - franchise 5,492,213 - 5,492,213 Salaries and wages - officers 1,050,094 - 1,050,094 Taxes - payroll 447,898 - 447,898 Taxes - real estate and business property 92,486 - 92,486 Telephone 33,659 - 33,659 Truck - parts & repairs 665,933 - 665,933 Truck - tires 127,588 - 127,588 Truck - fuel 1,097,909 - 1,097,909 Union - health and welfare 1,350,802 - 1,350,802 Union - pension 1,205,350 - 1,205,350 Utilities 53,655 53,655 Street Sweeping Costs Allocated 165,949 (165,949) - R3 Fees for 2023 & 2024 25,833 Total expenses to Page 1. from page 6 12,430,355 (329,943) 12,100,412 INCOME (LOSS) FROM OPERATIONS 6,828,483 329,943 7,158,426 Imputed Return on Rent - Operating Margin Method 29,711 - 29,711 Imputed Return on Rent - Cost Plus 10% 26,740 - 26,740 Expenses are allocated to each jurisdiction based upon what generally drives the cost. For example, fuel costs are allocated based upon truck hours spent in each jurisdiction. We allocate based upon Revenues, Number of Billings, Labor Hours, and Truck Hours. There are also direct costs, such as street sweeping and road impact fees that are allocated directly. ITEM #PERCENT AMOUNT 813,533.93 1 5.12% 1,101.76 5 4.22% 242.51 5 4.22% 7,748.73 8 3.76% 37,045.65 9 3.97% 110,178.19 DIRECT - 2 3.53% 37,368.00 7 3.76% 34,747.43 3 3.69% 5,397.87 5 4.22% 6,088.90 3 3.69% 2,625.20 5 4.22% 1,054.77 5 4.22% 2,277.01 5 4.22% 10,614.36 5 4.22% 13,382.80 7 3.76% 1,991.39 6 4.16% 228,632.12 7 3.76% 39,531.90 7 3.76% 16,861.58 6 4.16% 3,850.05 1 5.12% 1,724.78 3 3.69% 24,594.12 3 3.69% 4,712.06 3 3.69% 40,547.77 7 3.76% 50,852.36 7 3.76% 45,376.67 1 5.12% 2,749.42 DIRECT 11,691.67 742,989.07 70,544.85 5 4.22% 1,255.07 COUNTY ALLOCATION Pages 12 MILL VALLEY REFUSE SERVICE Schedule of Operating Income (Loss)15,979 FOR THE PROJECTED RATE YEAR : 2024/2025 Franchise Operations Only DIRECT SHARED Projected COSTS COSTS INCOME Net Collection Revenues (net of franchise fees) 19,258,837 19,258,837 EXPENSES Accounting 21,501 - 21,501 Advertising and promotion 5,741 - 5,741 Computer expense 183,436 - 183,436 Depreciation 984,052 - 984,052 Dump expense 2,774,665 - 2,774,665 Road impact fees/admin fees 163,994 (163,994) - Insurance 1,058,684 - 1,058,684 Insurance - workers comp. 923,003 - 923,003 Interest 146,158 - 146,158 Legal and professional 144,143 - 144,143 Licenses - trucks 71,082 - 71,082 Licenses - other 24,970 - 24,970 Building/Office Maintenance and repairs 53,904 - 53,904 Office Rent - imputed see calculation below General Office Expenses 251,274 - 251,274 JPA Office of waste management fees 316,812 - 316,812 Safety Plan/DOT Tests 52,898 - 52,898 Salaries and wages - franchise 5,492,213 - 5,492,213 Salaries and wages - officers 1,050,094 - 1,050,094 Taxes - payroll 447,898 - 447,898 Taxes - real estate and business property 92,486 - 92,486 Telephone 33,659 - 33,659 Truck - parts & repairs 665,933 - 665,933 Truck - tires 127,588 - 127,588 Truck - fuel 1,097,909 - 1,097,909 Union - health and welfare 1,350,802 - 1,350,802 Union - pension 1,205,350 - 1,205,350 Utilities 53,655 53,655 Street Sweeping Costs Allocated 165,949 (165,949) - R3 Fees for 2023 & 2024 25,833 Total expenses to Page 1. from page 6 12,430,355 (329,943) 12,100,412 INCOME (LOSS) FROM OPERATIONS 6,828,483 329,943 7,158,426 Imputed Return on Rent - Operating Margin Method 29,711 - 29,711 Imputed Return on Rent - Cost Plus 10% 26,740 - 26,740 Expenses are allocated to each jurisdiction based upon what generally drives the cost. For example, fuel costs are allocated based upon truck hours spent in each jurisdiction. We allocate based upon Revenues, Number of Billings, Labor Hours, and Truck Hours. There are also direct costs, such as street sweeping and road impact fees that are allocated directly. ITEM #PERCENT AMOUNT 653,901.54 1 6.15% 1,323.27 5 3.40% 194.93 5 3.40% 6,228.27 8 3.56% 35,028.44 9 3.55% 98,443.23 DIRECT - 2 3.32% 35,195.98 7 3.56% 32,855.36 3 3.30% 4,822.95 5 3.40% 4,894.13 3 3.30% 2,345.59 5 3.40% 847.81 5 3.40% 1,830.22 5 3.40% 8,531.60 5 3.40% 10,756.81 7 3.56% 1,882.96 6 3.35% 183,920.90 7 3.56% 37,379.31 7 3.56% 15,943.44 6 3.35% 3,097.13 1 6.15% 2,071.55 3 3.30% 21,974.63 3 3.30% 4,210.18 3 3.30% 36,229.07 7 3.56% 48,083.35 7 3.56% 42,905.82 1 6.15% 3,302.19 644,299.12 9,602.41 5 3.40% 1,008.80 HOMESTEAD ALLOCATION Pages 13 MILL VALLEY REFUSE SERVICE Schedule of Operating Income (Loss)15,979 FOR THE PROJECTED RATE YEAR : 2024/2025 Franchise Operations Only DIRECT SHARED Projected COSTS COSTS INCOME Net Collection Revenues (net of franchise fees) 19,258,837 19,258,837 EXPENSES Accounting 21,501 - 21,501 Advertising and promotion 5,741 - 5,741 Computer expense 183,436 - 183,436 Depreciation 984,052 - 984,052 Dump expense 2,774,665 - 2,774,665 Road impact fees/admin fees 163,994 (163,994) - Insurance 1,058,684 - 1,058,684 Insurance - workers comp. 923,003 - 923,003 Interest 146,158 - 146,158 Legal and professional 144,143 - 144,143 Licenses - trucks 71,082 - 71,082 Licenses - other 24,970 - 24,970 Building/Office Maintenance and repairs 53,904 - 53,904 Office Rent - imputed see calculation below General Office Expenses 251,274 - 251,274 JPA Office of waste management fees 316,812 - 316,812 Safety Plan/DOT Tests 52,898 - 52,898 Salaries and wages - franchise 5,492,213 - 5,492,213 Salaries and wages - officers 1,050,094 - 1,050,094 Taxes - payroll 447,898 - 447,898 Taxes - real estate and business property 92,486 - 92,486 Telephone 33,659 - 33,659 Truck - parts & repairs 665,933 - 665,933 Truck - tires 127,588 - 127,588 Truck - fuel 1,097,909 - 1,097,909 Union - health and welfare 1,350,802 - 1,350,802 Union - pension 1,205,350 - 1,205,350 Utilities 53,655 53,655 Street Sweeping Costs Allocated 165,949 (165,949) - R3 Fees for 2023 & 2024 25,833 Total expenses to Page 1. from page 6 12,430,355 (329,943) 12,100,412 INCOME (LOSS) FROM OPERATIONS 6,828,483 329,943 7,158,426 Imputed Return on Rent - Operating Margin Method 29,711 - 29,711 Imputed Return on Rent - Cost Plus 10% 26,740 - 26,740 Expenses are allocated to each jurisdiction based upon what generally drives the cost. For example, fuel costs are allocated based upon truck hours spent in each jurisdiction. We allocate based upon Revenues, Number of Billings, Labor Hours, and Truck Hours. There are also direct costs, such as street sweeping and road impact fees that are allocated directly. ITEM #PERCENT AMOUNT 1,992,789.33 1 6.34% 1,362.36 5 10.35% 594.05 5 10.35% 18,980.89 8 9.92% 97,639.84 9 10.34% 286,854.45 DIRECT - 2 9.77% 103,445.27 7 9.92% 91,582.49 3 10.14% 14,820.19 5 10.35% 14,915.04 3 10.14% 7,207.64 5 10.35% 2,583.72 5 10.35% 5,577.65 5 10.35% 26,000.37 5 10.35% 32,781.79 7 9.92% 5,248.64 6 10.67% 585,844.39 7 9.92% 104,192.74 7 9.92% 44,441.44 6 10.67% 9,865.31 1 6.34% 2,132.75 3 10.14% 67,524.69 3 10.14% 12,937.25 3 10.14% 111,326.42 7 9.92% 134,029.66 7 9.92% 119,597.60 1 6.34% 3,399.74 1,904,886.38 87,902.96 5 10.35% 3,074.36 STRAWBERRY ALLOCATION Pages 14 MILL VALLEY REFUSE SERVICE Schedule of Operating Income (Loss)15,979 FOR THE PROJECTED RATE YEAR : 2024/2025 Franchise Operations Only DIRECT SHARED Projected COSTS COSTS INCOME Net Collection Revenues (net of franchise fees) 19,258,837 19,258,837 EXPENSES Accounting 21,501 - 21,501 Advertising and promotion 5,741 - 5,741 Computer expense 183,436 - 183,436 Depreciation 984,052 - 984,052 Dump expense 2,774,665 - 2,774,665 Road impact fees/admin fees 163,994 (163,994) - Insurance 1,058,684 - 1,058,684 Insurance - workers comp. 923,003 - 923,003 Interest 146,158 - 146,158 Legal and professional 144,143 - 144,143 Licenses - trucks 71,082 - 71,082 Licenses - other 24,970 - 24,970 Building/Office Maintenance and repairs 53,904 - 53,904 Office Rent - imputed see calculation below General Office Expenses 251,274 - 251,274 JPA Office of waste management fees 316,812 - 316,812 Safety Plan/DOT Tests 52,898 - 52,898 Salaries and wages - franchise 5,492,213 - 5,492,213 Salaries and wages - officers 1,050,094 - 1,050,094 Taxes - payroll 447,898 - 447,898 Taxes - real estate and business property 92,486 - 92,486 Telephone 33,659 - 33,659 Truck - parts & repairs 665,933 - 665,933 Truck - tires 127,588 - 127,588 Truck - fuel 1,097,909 - 1,097,909 Union - health and welfare 1,350,802 - 1,350,802 Union - pension 1,205,350 - 1,205,350 Utilities 53,655 53,655 Street Sweeping Costs Allocated 165,949 (165,949) - R3 Fees for 2023 & 2024 25,833 Total expenses to Page 1. from page 6 12,430,355 (329,943) 12,100,412 INCOME (LOSS) FROM OPERATIONS 6,828,483 329,943 7,158,426 Imputed Return on Rent - Operating Margin Method 29,711 - 29,711 Imputed Return on Rent - Cost Plus 10% 26,740 - 26,740 Expenses are allocated to each jurisdiction based upon what generally drives the cost. For example, fuel costs are allocated based upon truck hours spent in each jurisdiction. We allocate based upon Revenues, Number of Billings, Labor Hours, and Truck Hours. There are also direct costs, such as street sweeping and road impact fees that are allocated directly. ITEM #PERCENT AMOUNT 501,988.30 1 4.42% 951.19 5 2.61% 149.64 5 2.61% 4,781.33 8 2.67% 26,249.69 9 2.80% 77,581.09 DIRECT - 2 2.49% 26,361.45 7 2.67% 24,621.22 3 2.60% 3,800.87 5 2.61% 3,757.13 3 2.60% 1,848.51 5 2.61% 650.85 5 2.61% 1,405.02 5 2.61% 6,549.55 5 2.61% 8,257.81 7 2.67% 1,411.06 6 2.63% 144,188.02 7 2.67% 28,011.39 7 2.67% 11,947.73 6 2.63% 2,428.05 1 4.42% 1,489.07 3 2.60% 17,317.76 3 2.60% 3,317.96 3 2.60% 28,551.39 7 2.67% 36,032.80 7 2.67% 32,152.86 1 4.42% 2,373.67 496,187.09 5,801.20 5 2.61% 774.44 ALMONTE ALLOCATION Pages 15 MILL VALLEY REFUSE SERVICE Schedule of Operating Income (Loss)15,979 FOR THE PROJECTED RATE YEAR : 2024/2025 Franchise Operations Only DIRECT SHARED Projected COSTS COSTS INCOME Net Collection Revenues (net of franchise fees) 19,258,837 19,258,837 EXPENSES Accounting 21,501 - 21,501 Advertising and promotion 5,741 - 5,741 Computer expense 183,436 - 183,436 Depreciation 984,052 - 984,052 Dump expense 2,774,665 - 2,774,665 Road impact fees/admin fees 163,994 (163,994) - Insurance 1,058,684 - 1,058,684 Insurance - workers comp. 923,003 - 923,003 Interest 146,158 - 146,158 Legal and professional 144,143 - 144,143 Licenses - trucks 71,082 - 71,082 Licenses - other 24,970 - 24,970 Building/Office Maintenance and repairs 53,904 - 53,904 Office Rent - imputed see calculation below General Office Expenses 251,274 - 251,274 JPA Office of waste management fees 316,812 - 316,812 Safety Plan/DOT Tests 52,898 - 52,898 Salaries and wages - franchise 5,492,213 - 5,492,213 Salaries and wages - officers 1,050,094 - 1,050,094 Taxes - payroll 447,898 - 447,898 Taxes - real estate and business property 92,486 - 92,486 Telephone 33,659 - 33,659 Truck - parts & repairs 665,933 - 665,933 Truck - tires 127,588 - 127,588 Truck - fuel 1,097,909 - 1,097,909 Union - health and welfare 1,350,802 - 1,350,802 Union - pension 1,205,350 - 1,205,350 Utilities 53,655 53,655 Street Sweeping Costs Allocated 165,949 (165,949) - R3 Fees for 2023 & 2024 25,833 Total expenses to Page 1. from page 6 12,430,355 (329,943) 12,100,412 INCOME (LOSS) FROM OPERATIONS 6,828,483 329,943 7,158,426 Imputed Return on Rent - Operating Margin Method 29,711 - 29,711 Imputed Return on Rent - Cost Plus 10% 26,740 - 26,740 Expenses are allocated to each jurisdiction based upon what generally drives the cost. For example, fuel costs are allocated based upon truck hours spent in each jurisdiction. We allocate based upon Revenues, Number of Billings, Labor Hours, and Truck Hours. There are also direct costs, such as street sweeping and road impact fees that are allocated directly. ITEM #PERCENT AMOUNT 85,700.23 1 0.00% - 5 0.44% 25.55 5 0.44% 816.28 DIRECT - DIRECT - DIRECT - 2 3.07% 32,474.98 DIRECT - 3 3.50% 5,110.41 5 0.44% 641.42 3 3.50% 2,485.39 5 0.44% 111.11 5 0.44% 239.87 5 0.44% 1,118.15 5 0.44% 1,409.79 DIRECT - 6 0.00% - DIRECT - DIRECT - 6 0.00% - 1 0.00% - 3 3.50% 23,284.38 3 3.50% 4,461.12 3 3.50% 38,388.42 DIRECT - DIRECT - 1 0.00% - 110,566.86 (24,866.63) 5 0.44% 118.99 DEBRIS ALLOCATION Pages 16 MILL VALLEY REFUSE SERVICE Schedule of Operating Income (Loss)15,979 FOR THE PROJECTED RATE YEAR : 2024/2025 Franchise Operations Only DIRECT SHARED Projected COSTS COSTS INCOME Net Collection Revenues (net of franchise fees) 19,258,837 19,258,837 EXPENSES Accounting 21,501 - 21,501 Advertising and promotion 5,741 - 5,741 Computer expense 183,436 - 183,436 Depreciation 984,052 - 984,052 Dump expense 2,774,665 - 2,774,665 Road impact fees/admin fees 163,994 (163,994) - Insurance 1,058,684 - 1,058,684 Insurance - workers comp. 923,003 - 923,003 Interest 146,158 - 146,158 Legal and professional 144,143 - 144,143 Licenses - trucks 71,082 - 71,082 Licenses - other 24,970 - 24,970 Building/Office Maintenance and repairs 53,904 - 53,904 Office Rent - imputed see calculation below General Office Expenses 251,274 - 251,274 JPA Office of waste management fees 316,812 - 316,812 Safety Plan/DOT Tests 52,898 - 52,898 Salaries and wages - franchise 5,492,213 - 5,492,213 Salaries and wages - officers 1,050,094 - 1,050,094 Taxes - payroll 447,898 - 447,898 Taxes - real estate and business property 92,486 - 92,486 Telephone 33,659 - 33,659 Truck - parts & repairs 665,933 - 665,933 Truck - tires 127,588 - 127,588 Truck - fuel 1,097,909 - 1,097,909 Union - health and welfare 1,350,802 - 1,350,802 Union - pension 1,205,350 - 1,205,350 Utilities 53,655 53,655 Street Sweeping Costs Allocated 165,949 (165,949) - R3 Fees for 2023 & 2024 25,833 Total expenses to Page 1. from page 6 12,430,355 (329,943) 12,100,412 INCOME (LOSS) FROM OPERATIONS 6,828,483 329,943 7,158,426 Imputed Return on Rent - Operating Margin Method 29,711 - 29,711 Imputed Return on Rent - Cost Plus 10% 26,740 - 26,740 Expenses are allocated to each jurisdiction based upon what generally drives the cost. For example, fuel costs are allocated based upon truck hours spent in each jurisdiction. We allocate based upon Revenues, Number of Billings, Labor Hours, and Truck Hours. There are also direct costs, such as street sweeping and road impact fees that are allocated directly. ALLOCATION TOTAL 19,258,837.40 21,500.90 5,741.03 183,436.25 984,051.70 2,774,664.91 163,993.60 1,058,684.40 923,003.40 146,157.73 144,142.86 71,082.21 24,969.75 53,903.87 251,274.38 316,811.80 52,897.85 5,492,212.67 1,050,094.35 447,897.86 92,485.98 33,659.33 665,933.19 127,588.01 1,097,908.81 1,350,802.21 1,205,350.35 53,655.15 165,949.28 18,959,853.83 298,983.58 14,077.95 5,474.55 19,552.50 Pages 17 MILL VALLEY REFUSE SERVICE SCHEDULE OF DEPRECIATION DEPRECIATION OF NEW ASSETS TOTAL 2023 2024/2025 2024/2025 2024/2025 ACTUAL Projected FORECAST FORECAST BUILDING -$ -$ -$ -$ BUILDING IMPROVEMENTS 20,777 23,852 - 23,852 Equipment (Various) 13,404 14,936 6,882 21,818 TRUCKS 525,681 394,853 110,714 505,567 EQUIPMENT (Tippers/Cans) 272,151 263,467 44,944 308,411 SUBTOTAL 832,013 697,108 162,541 859,649 STREET SWEEPING 28,587 28,500 28,500 DEBRIS TRUCKS 87,106 83,031 - 83,031 DEBRIS BOXES 37,562 36,515 4,857 41,372 PORTABLE TOILETS TRUCKS 55,287 55,287 - 55,287 PORTABLE TOILETS EQ. 9,460 7,620 - 7,620 TOTAL 1,050,015$ 908,061$ 167,398$ Page 19 1,075,459$ Page 6 The depreciation projection is based upon current assets plus new equipment to be added during the rate year. EXISTING ASSETS DEPRECIATION OF Page 18 MILL VALLEY REFUSE SERVICE PURCHASES 2023-2024 Price Per Basis Est. life Annual Office Equipment 2 230.00$ 460.00$ 5 92.00$ Replacement Monitors 460.00$ 92.00$ Shop Equipment 1 6,200.00$ $6,200.00 5 1,240.00$ Trolley Floor Jack 1 10,950.00$ $10,950.00 5 2,190.00$ MAXX80 Tire Changer 1 8,500.00$ $8,500.00 5 1,700.00$ Fire Alarm System Upgrade 1 500.00$ $500.00 5 100.00$ Forklift Man Cage 3 1,900.00$ $5,700.00 5 1,140.00$ Yard Cameras 1 2,100.00$ $2,100.00 5 420.00$ Shop Toughbook Laptops 33,950.00$ 6,790.00$ Tippers/Containers 35 756.00$ 26,460.00$ 7 3,780.00$ Con Fab 1 Yd Containers 28 1,100.00$ 30,800.00$ 7 4,400.00$ Con Fab 2 Yd Containers 325 53.00$ 17,225.00$ 7 2,460.71$ Otto/32 Gallon Cans 120 57.00$ 6,840.00$ 7 977.14$ Otto/45 Gallon Cans 3690 63.00$ 232,470.00$ 7 33,210.00$ Otto/64 Gallon Cans 12 68.00$ 816.00$ 7 116.57$ Otto/96 Gallon Cans 314,611.00$ 44,944.43$ Debris 3 $7,000.00 $21,000.00 7 3,000.00$ Con Fab 40 yard debris boxes 10 $1,300.00 $13,000.00 7 1,857.14$ Con Fab 4 yard debris boxes 34,000.00$ 4,857.14$ Trucks 1 $348,000.00 $348,000.00 7 49,714.29$ New Autocar 1 $302,000.00 $302,000.00 7 43,142.86$ Heil Rear Loader 1 $125,000.00 $125,000.00 7 17,857.14$ Truck Chassis $775,000.00 $110,714.29 Overall Total $1,158,021.00 $167,398 Page 19 MILL VALLEY REFUSE SERVICE SCHEDULE OF DUMP EXPENSES 2023 ACTUAL AMT 2023 2024/2025 FORECAST 2024/2025 TONS $ PER TON AMOUNT TONS $ PER TON AMOUNT REDWOOD LANDFILL Garbage 16,057.97 61.96 994,952.01 16,057.97 63.76 1,023,805.62 Green Waste (Roll-Off) 1,335.05 35.05 46,793.50 1,361.75 36.07 49,113.52 Compost Foodwaste 11,040.82 51.19 565,179.44 11,040.82 52.67 581,569.64 Debris (C&D) 2,347.86 61.96 145,473.35 2,347.86 63.76 149,692.08 Less: N/F Debris (197.55) 61.96 (12,240.46) (197.55) 63.76 (12,595.44) Concrete 837.21 837.21 - Dirt 3,661.34 3,697.95 - Total 35,083 1,740,157.84 35,146.01 1,791,585.42 MARIN RESOURCE RECOVERY CENTER Garbage 4.69 Dirt, Rock, and Concrete 4.81 Debris 1,471.68 162.71 239,455.39 1,530.06 172.27 263,582.92 Less: N/F Debris (123.83) 162.71 (20,148.33) (123.83) 172.27 (21,332.25) Recycling Single Stream 2,089.16 86.85 195,914.71 2,089.16 118.77 248,129.53 Cardboard 508.07 508.07 Yard Waste 48.88 4,003.46 415,221.77 4,003.46 490,380.21 MARIN SANITARY SERVICE Cmm'l Foodwaste 217.34 66.33 14,415.98 217.34 68.95 14,985.59 Cmm'l Foodwaste (Contaminated)1.14 0.00 Recycling Dual Stream 4,812.19 27.95 134,500.71 4,812.19 96.81 465,868.11 Trash 129.22 91.67 11,845.57 129.22 91.67 11,845.57 Total 5,159.89 160,762.26 5,158.75 492,699.28 STREET SWEEPING DEBRIS MRRC 0.00 0.00 0.00 0.00 0.00 0.00 Weighing Charges 0.00 ACTUAL AMT CMSA GALLONS $ PER GALLONS Portable Toilet Sewage 239,680 0.15 36,409.42 239,680.00 0.16 37,319.66 TOTALS 283,926 2,352,551 283,988 2,811,984.56 RECAP RECYCLING AVERAGE AMT FORECAST AVG Recycling 6,901.35 47.88 330,415.42 6,901.35 103.46 713,997.65 Bailed Cardboard 508.07 0.00 508.07 0.00 Green Waste 12,643.23 49.54 626,388.92 12,619.91 51.16 645,668.76 20,052.65 47.71 956,804.34 20,029.33 67.88 1,359,666.41 RECAP Garbage 16,191.88 62.18 1,006,797.58 16,187.19 63.98 1,035,651.19 Debris 3,819.54 100.78 384,928.74 3,877.92 106.57 413,275.00 Less: N/F Debris (321.38) (32,388.79) (321.38) (33,927.68) Sweep Debris 0.00 0.00 0.00 0.00 Porta Potty (Gallons) 239,680.00 0.15 36,409.42 239,680.00 0.16 37,319.66 Dirt, Rock, and Concrete 4,503.36 0.00 3,697.95 0.00 263,873.39 1,395,746.95 263,121.68 1,452,318.16 283,926.04 2,352,551.29 283,151.00 2,811,984.56 Page 20 MILL VALLEY REFUSE SERVICE SCHEDULE OF INSURANCE EXPENSES Actual Forecast 2023 2024/2025 Insurance Categories Property and General Liability 830,131 816,175 Umbrella Policy 257,912 300,000 Director Life - Omitted Other 4,510 10,085 1,092,552 1,126,260 Total Non WC Insurance 1,092,552 1,126,260 Page 6 Workers Compensation 860,777 1,056,600 Total Workers Comp 860,777 1,056,600 Page 6 Total Non Benefit Insurance 1,953,329 2,182,860 Excludes Director Life Insurance Page 21 MILL VALLEY REFUSE SERVICE Schedule of Employee Expenses 2023 2024/2025 Annual Paid Annual Paid Payroll Categories Actual Forecast Garbage and Debris 2,045,345 2,056,441 Recycling 1,463,390 1,647,199 Street Sweeping (separately allocated) 27,124 64,116 Porta Potties 579,682 701,016 Shop 953,998 1,040,079 Office 596,835 737,493 Contract 11,000 11,000 Executive 1,141,046 1,134,501 Other 55,559 - Totals 6,873,978 7,391,845 Page 6 Payroll taxes 486,931 506,059 Page 6 Health Insurance 1,437,947 1,621,758 Page 6 Pension 1,280,386 1,422,746 Page 6 Total 10,079,243 10,942,409 Page 22 MILL VALLEY REFUSE SERVICE STREET SWEEPING FORECAST 2024/25 12/31/2023 2024/2025 ACTUAL FORECAST INCOME Street sweeping income 0 0 Total revenue -$ -$ EXPENSES Accounting 0 0 Advertising and promotion 0 0 Computer expense 0 0 Depreciation 28,587 28,500 Dump expense 0 0 Road Impact Fees/Flat 0 0 Franchise Fees -% 0 0 Insurance (less Director) 10,477 11,263 Insurance - workers comp. 10,557 11,721 Interest 0 0 Legal and professional 0 0 Licenses - trucks 2,083 2,083 Licenses - other 0 0 Building/Office Maintenance and repairs 0 0 General Office Expenses 2,578 2,673 JPA Office of waste management fees 0 0 Porta Potty Expenses 0 0 Safety Plan/DOT Tests 0 0 Salaries and wages - Franchise 0 0 Salaries excluded and non franchise 27,124 64,116 Taxes - payroll 1,921 4,389 Taxes - real estate and business property 1,113 1,154 Telephone 345 358 Truck - parts repairs 6,685 6,932 Truck - tires 1,309 1,357 Truck - fuel and oil 11,263 11,680 Union - health and welfare 22,526 10,108 Union - pension 9,217 9,044 Utilities 550 571 Total expenses 136,336$ 165,949$ Page 6 INCOME (LOSS) FROM OPERATIONS (136,336)$ (165,949)$ # of Customers' Allocation: Billings Allocation Salary/Ben Else Total Mill Valley 55,408 67,443$ 4,286 40.64% 35,625 31,819 67,443 Corte Madera 36,133 43,981$ 2,795 26.50% 23,232 20,750 43,981 all dis Tiburon 35,189 42,833$ 2,722 25.81% 22,625 20,208 42,833 salary dis County 9,605 11,692$ 743 7.05% 6,176 5,516 11,692 Totals 136,336$ 165,949$ 10,546 87,657 78,292 165,949 Page 23 MILL VALLEY REFUSE SERVICE PASS-THROUGH EXPENSES* * Allowable expenses that are not included in the calculation of the Operating Ratio Allowance MILL CORTE 2024/2025 VALLEY BELVEDERE MADERA ALTO TIBURON COUNTY HOMESTEAD STRAWBERRY ALMONTE DEBRIS TOTAL Less: Pass-through expenses (a) Excess Landfill Disposal expense/ton 42,490 7,253 31,041 3,441 27,706 5,414 5,119 14,269 3,836 140,570 Page 26 (b) One-half JPA fees 50,919 7,865 31,726 3,780 30,821 6,691 5,378 16,391 4,129 705 158,406 Page 7, Calculation (c) Road impact fees 148,994 - 148,994 Page 27 (d) Tiburon Street Sweeping Allowed 20,208 20,208 Page 23 Total 242,403 15,119 62,766 7,221 78,735 12,105 10,497 30,660 7,965 705 468,177 Page 1 Certain expenses are excluded or capped when calculating the amount of profit we are permitted to earn on the investment made in expenses. Those expenses are shown as a reduction of the expenses then added back after the Operating Ratio is calculated. (a) The amount of disposals fees that can be considered when calculating the Operating Ratio Allowance is capped at a rate that increases with CPI. Different jurisdictions have different caps. (b) Only one-half of the Joint Powers Authority fees are included when calculating the Operating Ratio Allowance. (c) Road impact, like franchise fees, are excluded when calculating the Operating Ratio Allowance. (d) In Tiburon, the allowable street sweeping costs are excluded when calculating the Operating Ratio Allowance. Page 24 MILL VALLEY REFUSE SERVICE, INC SCHEDULE OF PROVIDED SERVICES MILL CORTE VALLEY BELVEDERE MADERA TIBURON COUNTY HOMESTEAD STRAWBERRY ALMONTE TOTAL Debris Box Revenue 178,007 25,236 86,284 87,424 1,728 7,670 1,084 387,433 Less: Franchise Fees at %3,560 2,524 17,257 13,551 311 108 37,311 Page 28 Less: 10% Profit Allowance 17,801 2,524 8,628 8,742 173 767 108 - 38,743 Page 28 Adjustment for Contract Services 21,361 5,047 25,885 22,293 484 767 217 - 76,054 Overweight Charges in Prior Year 17,113 5,248 1,700 2,021 26,081 Page 28 City Can Services 691,493 52,891 486,197 363,361 32,396 5,052 86,980 464 1,718,835 Information Only Portable Toilet Services 97,301 13,450 Allowance (20,065) (14,516) Net Portable Toilet Pass-Thru 77,236 - 77,236 Page 28 Per the various contracts, jurisdictions are provided with certain services that are included at no additional cost. We adjust the debris box services to omit expected franchise fees and the profit allowance before allocation to remove the need to recover these costs that will not be incurred. Overweight charges on services are still the responsibility of the city and are charged annually in the rate application. Page 25 MILL VALLEY REFUSE SERVICE DISPOSAL EXPENSE PASS-THROUGH Sweep Garbage Debris Debris Total Green Waste Recycling TOTAL TONNAGE 16,187.19 3,556.53 0.00 19,743.72 12,619.91 7,409.42 RATE FOR PROFIT ALLOWANCE $64.38 $64.38 $64.38 TOTAL FOR PROFIT ALLOWANCE $1,042,203 $228,985 $0 $1,271,189 TOTAL DUMP EXPENSE $1,035,651 $379,347 $0 $1,414,999 645,668.76 713,997.65 TOTAL FOR PASS-THROUGH ($6,552) $150,362 $0 $143,810 Rate Cap for Profit Mill Valley 69.09$ 69.09$ 69.09$ 57.08$ 102.39$ TOTAL FOR PROFIT ALLOWANCE $1,118,398 $245,726 $0 $1,364,124 $720,302 $758,615 TOTAL DUMP EXPENSE $1,035,651 $379,347 $0 $1,414,999 $645,669 $713,998 TOTAL FOR PASS THROUGH $0 $133,621 $0 $133,621 $0 $0 GARBAGE ALLOCATION Mill Valley 31.80% 42,490$ * 42,490$ * 0.00 0.00 Belvedere 5.04% 7,253$ 7,253$ Corte Madera 21.58% 31,041$ 31,041$ Alto 2.39% 3,441$ 3,441$ Tiburon 19.27% 27,706$ 27,706$ County 3.76% 5,414$ 5,414$ Homestead 3.56% 5,119$ 5,119$ Strawberry 9.92% 14,269$ 14,269$ Almonte 2.67% 3,836$ 3,836$ -$ 100.00% 140,570$ 140,570$ * Calculation based upon separate rate Page 26 Mill Valley Refuse Service 2024/2025 Schedule of Road Impact Fees and Other Flat Fees Included in Franchise Fees Road Impact Fees Jurisdiction Amount Mill Valley 148,993.60$ 148,993.60 Page 24 Administration Fees Jurisdiction Amount Tiburon 6,000.00$ 6,000.00 Page 28 Corte Madera 9,000.00$ 9,000.00 Page 28 Total Fees 163,993.60 Page 6 Page 27 MILL VALLEY REFUSE SERVICE ADJUSTMENTS AND DISALLOWED EXPENSES * Expenses which are contractually disallowed from the rate setting calculations MILL CORTE 2023/2024 VALLEY BELVEDERE MADERA ALTO TIBURON COUNTY HOMESTEAD STRAWBERRY ALMONTE DEBRIS TOTAL Adjustments and Disallowed Before Operating Ratio Debris and street cans/(ff and profit)21,361 5,047 25,885 - 22,293 484 767 217 - - 76,054 Page 25 Corte Madera Officer Pension 3c 22,261 22,261 Administrative Fees 9,000 6,000 15,000 Page 27 Interest on Financing 30,790 30,790 Cap on Executive Compensation 78,433 12,441 53,239 5,902 47,519 9,286 8,780 24,473 6,580 - 246,653 Page 38, Calculation Disallowed Owner Vehicles 7,968 1,223 5,235 580 4,672 913 863 2,406 647 24,508 Street Sweeping Costs 43,981 22,625 66,606 Page 23 - - - Total Adjustments and Disallowed Expenses 107,762 18,711 190,392 6,483 103,109 10,682 10,410 27,097 7,226 - 481,873 Page 1 Adjustments After Operating Ratio Overweight Charges from prior year 17,113 5,248 1,700 - 2,021 - - - - - 26,081 Page 25 Portable Toilet Overage 77,236 - 77,236 Page 25 Grant Money - Cart Program - Avoided Depreciation (1,856) (1,455) (3,311) Return on Imputed Rental Investment - 1,475 5,356 709 5,781 1,255 1,009 3,074 774 119 19,553 Page 39 Adjustments After Operating Ratio 17,113 6,723 84,291 709 7,802 1,255 (847) 3,074 (681) 119 119,558 Page 1 In addition to the specific costs listed above, we are not permitted to include any entertainment costs, contributions, fines, late fees and penalties in our expected costs. Page 28 MILL VALLEY REFUSE SERVICE ALLOCATION METHODOLOGY Historical - 2023 (Previous Rate App) MILL CORTE VALLEY BELVEDERE MADERA ALTO TIBURON COUNTY HOMESTEAD STRAWBERRY ALMONTE DEBRIS CLEAN UP TOTAL 1 # OF BILLINGS 4,619 866 2,980 290 2,847 759 920 949 649 0 0 14,879 2 LABOR HOURS-All cans 20,262 3,114 14,574 1,311 12,005 2,212 2,057 6,477 1,638 2,080 0 65,728 3 TRUCK HOURS 17,290 2,860 12,246 1,196 10,556 2,028 1,781 5,876 1,495 2,080 0 57,408 4 CLEAN UP LABOR 0 0 0 0 0 0 0 0 0 0 0 0 5 REVENUES (W/DEBRIS,W/O )5,988,093 903,031 3,722,551 398,495 3,536,491 739,426 611,384 1,867,467 486,193 131,520 0 18,384,651 6 REVENUES (W/O DEBRIS,)5,772,768 854,652 3,412,495 384,769 3,363,077 694,988 584,261 1,793,646 456,792 0 0 17,317,447 7 LABOR HRS (W/O DEBRIS & C/U)19,000 3,007 13,016 1,281 11,503 2,136 1,995 5,960 1,592 0 0 59,488 8 LABOR HRS (W/O DEBRIS)19,000 3,007 13,016 1,281 11,503 2,136 1,995 5,960 1,592 0 0 59,488 9 TRUCK HRS (W/O DEBRIS )16,666 2,860 11,206 1,196 10,452 2,028 1,781 5,564 1,495 0 0 53,248 3 4 5 6 7 8 9 10 11 12 13 1 # OF BILLINGS 31.04%5.82%20.03%1.95%19.13%5.10%6.18%6.38%4.36%0.00%0.00%100.00% 2 LABOR HOURS 30.83%4.74%22.17%1.99%18.26%3.36%3.13%9.85%2.49%3.16%0.00%100.00% 3 TRUCK HOURS 30.12%4.98%21.33%2.08%18.39%3.53%3.10%10.24%2.60%3.62%0.00%100.00% 4 CLEAN UP LABOR 0.00% 5 REVENUES (W/DEBRIS,W/O )32.57%4.91%20.25%2.17%19.24%4.02%3.33%10.16%2.64%0.72%0.00%100.00% 6 REVENUES (W/O DEBRIS,)33.33%4.94%19.71%2.22%19.42%4.01%3.37%10.36%2.64%0.00%0.00%100.00% 7 LABOR HRS (W/O DEBRIS & C/U)31.94%5.05%21.88%2.15%19.34%3.59%3.35%10.02%2.68%0.00%0.00%100.00% 8 LABOR HRS (W/O DEBRIS)31.94%5.05%21.88%2.15%19.34%3.59%3.35%10.02%2.68%0.00%0.00%100.00% 9 TRUCK HRS (W/O DEBRIS )31.30%5.37%21.04%2.25%19.63%3.81%3.34%10.45%2.81%0.00%0.00%100.00% 2024/2025 FORECAST MILL CORTE VALLEY BELVEDERE MADERA ALTO TIBURON COUNTY HOMESTEAD STRAWBERRY ALMONTE DEBRIS CLEAN UP TOTAL 1 # OF BILLINGS 4,609 862 2,971 287 2,849 761 914 941 657 0 0 14,851 2 LABOR HOURS-All cans 20,840 3,209 14,847 1,507 12,364 2,393 2,254 6,626 1,688 2,080 0 67,808 3 TRUCK HOURS 17,888 2,951 12,532 1,378 10,920 2,197 1,963 6,032 1,547 2,080 0 59,488 4 CLEAN UP LABOR 0 0 0 0 0 0 0 0 0 0 0 0 5 REVENUES (W/DEBRIS,W/O )6,190,688 956,271 3,857,169 459,569 3,747,226 813,534 653,902 1,992,789 501,988 85,700 0 19,258,837 6 REVENUES (W/O DEBRIS,)5,962,738 911,298 3,476,894 430,605 3,591,143 755,480 607,739 1,935,833 476,447 0 0 18,148,178 7 LABOR HRS (W/O DEBRIS & C/U)19,578 3,105 13,289 1,473 11,861 2,318 2,192 6,109 1,642 0 0 61,568 8 LABOR HRS (W/O DEBRIS)19,578 3,105 13,289 1,473 11,861 2,318 2,192 6,109 1,642 0 0 61,568 9 TRUCK HRS (W/O DEBRIS )17,264 2,951 11,492 1,378 10,816 2,197 1,963 5,720 1,547 0 0 55,328 3 4 5 6 7 8 9 10 11 12 13 1 # OF BILLINGS 31.03%5.80%20.01%1.93%19.18%5.12%6.15%6.34%4.42%0.00%0.00%100.00% 2 LABOR HOURS 30.73%4.73%21.90%2.22%18.23%3.53%3.32%9.77%2.49%3.07%0.00%100.00% 3 TRUCK HOURS 30.07%4.96%21.07%2.32%18.36%3.69%3.30%10.14%2.60%3.50%0.00%100.00% 4 CLEAN UP LABOR 0.00% 5 REVENUES (W/DEBRIS,W/O )32.14%4.97%20.03%2.39%19.46%4.22%3.40%10.35%2.61%0.44%0.00%100.00% 6 REVENUES (W/O DEBRIS,)32.86%5.02%19.16%2.37%19.79%4.16%3.35%10.67%2.63%0.00%0.00%100.00% 7 LABOR HRS (W/O DEBRIS & C/U)31.80%5.04%21.58%2.39%19.27%3.76%3.56%9.92%2.67%0.00%0.00%100.00% 8 LABOR HRS (W/O DEBRIS)31.80%5.04%21.58%2.39%19.27%3.76%3.56%9.92%2.67%0.00%0.00%100.00% 9 TRUCK HRS (W/O DEBRIS )31.20%5.33%20.77%2.49%19.55%3.97%3.55%10.34%2.80%0.00%0.00%100.00% Page 29 MILL VALLEY REFUSE SERVICE (Garbage Collection) DRIVERS ROUTES AND HOURS Mill Corte Valley Belvedere Madera Alto Tiburon County Homestead Strawberry Almonte Route #1 #2 #3 #4 #5 #6 & #9 #7 #8 #10 Total Man Hours 3.50 0.00 15.00 0.00 1.00 0.00 0.00 0.50 0.00 20.00 Route # 00 Truck Hours - pick up 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Man Hours 8.00 0.00 30.00 0.00 9.00 0.00 0.00 0.00 1.00 48.00 Route # 1 Truck Hours 8.00 0.00 22.00 0.00 9.00 0.00 0.00 0.00 1.00 40.00 Man Hours 0.00 0.00 30.00 0.00 0.00 2.00 0.00 0.00 0.00 32.00 Route # 2 Truck Hours 0.00 0.00 30.00 0.00 0.00 2.00 0.00 0.00 0.00 32.00 Man Hours 0.00 0.00 16.00 0.00 0.00 0.00 0.00 16.00 0.00 32.00 Route # 3 Truck Hours 0.00 0.00 16.00 0.00 0.00 0.00 0.00 16.00 0.00 32.00 Man Hours 14.00 0.00 13.00 0.00 3.00 1.00 0.00 1.00 0.00 32.00 Route # 4 Truck Hours 14.00 0.00 13.00 0.00 3.00 1.00 0.00 1.00 0.00 32.00 Man Hours 33.50 0.00 0.00 0.00 0.00 4.50 10.00 0.00 0.00 48.00 Route # 5 Truck Hours 25.50 0.00 0.00 0.00 0.00 4.50 10.00 0.00 0.00 40.00 Man Hours 34.00 0.00 0.00 2.50 0.00 3.00 0.50 0.00 0.00 40.00 Route # 6 Truck Hours 34.00 0.00 0.00 2.50 0.00 3.00 0.50 0.00 0.00 40.00 Man Hours 6.00 7.50 2.00 0.00 30.50 0.00 0.00 2.00 0.00 48.00 Route # 7 Truck Hours 6.00 7.50 1.50 0.00 23.00 0.00 0.00 2.00 0.00 40.00 Man Hours 5.00 0.00 0.00 0.50 6.50 0.50 0.00 19.00 0.50 32.00 Route # 8 Truck Hours 5.00 0.00 0.00 0.50 6.50 0.50 0.00 19.00 0.50 32.00 Man Hours 20.00 0.00 13.00 0.00 0.00 1.00 3.50 0.00 10.50 48.00 Route # 9 Truck Hours 14.00 0.00 13.00 0.00 0.00 1.00 1.50 0.00 10.50 40.00 Page 30 MILL VALLEY REFUSE SERVICE (Garbage Collection) DRIVERS ROUTES AND HOURS Mill Corte Valley Belvedere Madera Alto Tiburon County Homestead Strawberry Almonte Route #1 #2 #3 #4 #5 #6 & #9 #7 #8 #10 Total Man Hours 0.00 0.50 0.00 0.00 29.00 1.50 0.00 1.00 0.00 32.00 Route # 10 Truck Hours 0.00 0.50 0.00 0.00 29.00 1.50 0.00 1.00 0.00 32.00 Man Hours 24.50 9.00 0.00 6.00 5.00 0.00 0.00 3.50 0.00 48.00 Route # 11 Truck Hours 17.50 9.00 0.00 6.00 5.00 0.00 0.00 2.50 0.00 40.00 Man Hours 0.00 11.00 9.00 0.00 16.50 1.00 0.00 2.50 0.00 40.00 Route # 40 Truck Hours 0.00 11.00 9.00 0.00 16.50 1.00 0.00 2.50 0.00 40.00 Man Hours 20.50 0.00 10.00 0.00 0.00 6.00 3.00 0.00 0.50 40.00 Route # 41 Truck Hours 20.50 0.00 10.00 0.00 0.00 6.00 3.00 0.00 0.50 40.00 Man Hours 1.00 0.00 2.50 0.00 3.50 0.00 0.00 9.00 0.00 16.00 Saturday Route Truck Hours 1.00 0.00 2.50 0.00 3.50 0.00 0.00 9.00 0.00 16.00 Man Hours 3.00 0.00 0.00 0.00 4.00 0.00 0.00 1.00 0.00 8.00 Sunday Route Truck Hours 3.00 0.00 0.00 0.00 4.00 0.00 0.00 1.00 0.00 8.00 Man Hours Per Week 173.00 28.00 140.50 9.00 108.00 20.50 17.00 55.50 12.50 564.00 TOTALS Truck Hours per Week 148.50 28.00 117.00 9.00 99.50 20.50 15.00 54.00 12.50 504.00 Page 31 MILL VALLEY REFUSE SERVICE (Garbage Collection) DRIVERS ROUTES AND HOURS Mill Corte Valley Belvedere Madera Alto Tiburon County Homestead Strawberry Almonte Route #1 #2 #3 #4 #5 #6 & #9 #7 #8 #10 Total SUMMARY Man Hours Per Week 173.00 28.00 140.50 9.00 108.00 20.50 17.00 55.50 12.50 564.00 multiply by Weeks in Year 52.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 Total Man Hours Per Year 8,996.00 1,456.00 7,306.00 468.00 5,616.00 1,066.00 884.00 2,886.00 650.00 29,328.00 Debris driver hours on Routes 624.00 0.00 1,040.00 0.00 104.00 0.00 0.00 312.00 0.00 2,080.00 Clean up 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Spare/Swing Hours 638.01 103.26 518.16 33.19 398.30 75.60 62.70 204.68 46.10 2,080.00 TOTAL Labor Hours per Year 10,258.01 1,559.26 8,864.16 501.19 6,118.30 1,141.60 946.70 3,402.68 696.10 33,488.00 Truck Hours per Week 148.50 28.00 117.00 9.00 99.50 20.50 15.00 54.00 12.50 504.00 multiply by Weeks in Year 52.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 Total Truck Hours per Year 7,722.00 1,456.00 6,084.00 468.00 5,174.00 1,066.00 780.00 2,808.00 650.00 26,208.00 Clean up 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Debris driver hours on Routes 624.00 1,040.00 104.00 312.00 2,080.00Total Truck Hours per Year 8,346.00 1,456.00 7,124.00 468.00 5,278.00 1,066.00 780.00 3,120.00 650.00 28,288.00 Debris Total Hours (100% single driver) Total Labor Hours 6,240.0 less: Debris hours on Routes 30%50%5%15%2,080 Total Truck Hours 4,160.00 Spare/Swing (one man at all times, no additional truck hours)Total Hours Labor Hours 2,080.0 One Man 1.0 Total Labor Hours 638.01 103.26 518.16 33.19 398.30 75.60 62.70 204.68 46.10 2,080.0 Page 32 MILL VALLEY REFUSE SERVICE (Compost Collection) DRIVERS ROUTES AND HOURS Mill Corte Valley Belvedere Madera Alto Tiburon County Homestead Strawberry Almonte Route #1 #2 #3 #4 #5 #6 & #9 #7 #8 #10 Total Man Hours 3.00 0.00 8.00 0.00 20.00 0.00 0.00 9.00 0.00 40.00 Route # G2 Truck Hours 3.00 0.00 8.00 0.00 20.00 0.00 0.00 9.00 0.00 40.00 Man Hours 15.50 0.00 0.00 6.00 1.00 0.50 2.75 11.50 2.75 40.00 Route # G3 Truck Hours 15.50 0.00 0.00 6.00 1.00 0.50 2.75 11.50 2.75 40.00 Man Hours 3.00 0.00 30.50 0.00 4.00 2.50 0.00 0.00 0.00 40.00 Route # G4 Truck Hours 3.00 0.00 30.50 0.00 4.00 2.50 0.00 0.00 0.00 40.00 Man Hours 35.00 0.00 0.00 0.00 0.00 1.00 2.00 0.00 2.00 40.00 Route # G5 Truck Hours 35.00 0.00 0.00 0.00 0.00 1.00 2.00 0.00 2.00 40.00 Man Hours 0.00 13.00 0.00 1.50 19.00 2.50 0.00 4.00 0.00 40.00 Route # G6 Truck Hours 0.00 13.00 0.00 1.50 19.00 2.50 0.00 4.00 0.00 40.00 Man Hours 14.00 2.00 8.00 1.00 3.00 3.00 6.00 0.00 3.00 40.00 Route # G7 Truck Hours 14.00 2.00 8.00 1.00 3.00 3.00 6.00 0.00 3.00 40.00 Man Hours Per Week 70.50 15.00 46.50 8.50 47.00 9.50 10.75 24.50 7.75 240.00 TOTALS Truck Hours per Week 70.50 15.00 46.50 8.50 47.00 9.50 10.75 24.50 7.75 240.00 Page 33 MILL VALLEY REFUSE SERVICE (Compost Collection) DRIVERS ROUTES AND HOURS Mill Corte Valley Belvedere Madera Alto Tiburon County Homestead Strawberry Almonte Route #1 #2 #3 #4 #5 #6 & #9 #7 #8 #10 Total SUMMARY Man Hours Per Week 70.50 15.00 46.50 8.50 47.00 9.50 10.75 24.50 7.75 240.00 multiply by Weeks in Year 52.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 Total Man Hours Per Year 3,666.00 780.00 2,418.00 442.00 2,444.00 494.00 559.00 1,274.00 403.00 12,480.00 Debris driver hours on Routes 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Clean up 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Spare/Swing Hours 305.50 65.00 201.50 36.83 203.67 41.17 46.58 106.17 33.58 1,040.00 TOTAL Labor Hours per Year 3,971.50 845.00 2,619.50 478.83 2,647.67 535.17 605.58 1,380.17 436.58 13,520.00 0.29 0.06 0.19 0.04 0.20 0.04 0.04 0.10 0.03 1.00 0.28 0.07 0.21 0.02 0.21 0.04 0.04 0.10 0.03 1.00 0.01 0.00 -0.02 0.02 -0.02 0.00 0.01 0.00 0.01 0.00 Truck Hours per Week 70.50 15.00 46.50 8.50 47.00 9.50 10.75 24.50 7.75 240.00 multiply by Weeks in Year 52.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 Total Truck Hours per Year 3,666.00 780.00 2,418.00 442.00 2,444.00 494.00 559.00 1,274.00 403.00 12,480.00 Clean up 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Debris driver hours on Routes 0.00 0.00 0.00 0.00 0.00 Total Truck Hours per Year 3,666.00 780.00 2,418.00 442.00 2,444.00 494.00 559.00 1,274.00 403.00 12,480.00 Page 34 MILL VALLEY REFUSE SERVICE (Recycling Collection) DRIVERS ROUTES AND HOURS Mill Corte Valley Belvedere Madera Alto Tiburon County Homestead Strawberry Almonte Route #1 #2 #3 #4 #5 #6 & #9 #7 #8 #10 Total Man Hours 2.00 0.00 0.00 0.00 27.00 0.00 0.00 11.00 0.00 40.00 Route # 1 Truck Hours 2.00 0.00 0.00 0.00 27.00 0.00 0.00 11.00 0.00 40.00 Man Hours 17.00 0.00 0.00 4.50 0.00 0.00 5.00 8.00 5.50 40.00 Route # 2 Truck Hours 17.00 0.00 0.00 4.50 0.00 0.00 5.00 8.00 5.50 40.00 Man Hours 6.00 0.00 32.00 0.00 0.00 0.00 0.00 2.00 0.00 40.00 Route # 3 Truck Hours 6.00 0.00 32.00 0.00 0.00 0.00 0.00 2.00 0.00 40.00 Man Hours 36.00 0.00 0.00 0.00 0.00 2.00 2.00 0.00 0.00 40.00 Route # 4 Truck Hours 36.00 0.00 0.00 0.00 0.00 2.00 2.00 0.00 0.00 40.00 Man Hours 0.00 11.00 7.00 1.00 14.00 4.50 0.00 2.50 0.00 40.00 Route # 5 Truck Hours 0.00 11.00 7.00 1.00 14.00 4.50 0.00 2.50 0.00 40.00 Man Hours 17.50 1.50 5.00 1.50 3.00 4.50 5.00 0.00 2.00 40.00 Route # 6 Truck Hours 17.50 1.50 5.00 1.50 3.00 4.50 5.00 0.00 2.00 40.00 Man Hours 26.00 0.00 8.50 1.50 0.00 1.00 0.00 1.00 2.00 40.00 Route # 7 Truck Hours 26.00 0.00 8.50 1.50 0.00 1.00 0.00 1.00 2.00 40.00 Route # 8 Man Hours 8.50 1.25 5.00 0.50 17.50 0.25 0.00 7.00 0.00 40.00 Page 35 MILL VALLEY REFUSE SERVICE (Recycling Collection) DRIVERS ROUTES AND HOURS Mill Corte Valley Belvedere Madera Alto Tiburon County Homestead Strawberry Almonte Route #1 #2 #3 #4 #5 #6 & #9 #7 #8 #10 Total Truck Hours 8.50 1.25 5.00 0.50 17.50 0.25 0.00 7.00 0.00 40.00 Man Hours Per Week 113.00 13.75 57.50 9.00 61.50 12.25 12.00 31.50 9.50 320.00 TOTALS Truck Hours per Week 113.00 13.75 57.50 9.00 61.50 12.25 12.00 31.50 9.50 320.00 SUMMARY Man Hours Per Week 113.00 13.75 57.50 9.00 61.50 12.25 12.00 31.50 9.50 320.00 multiply by Weeks in Year 52.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 Total Man Hours Per Year 5,876.00 715.00 2,990.00 468.00 3,198.00 637.00 624.00 1,638.00 494.00 16,640.00 Debris driver hours on Routes 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Clean up 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Spare/Swing Hours 734.50 89.38 373.75 58.50 399.75 79.63 78.00 204.75 61.75 2,080.00 TOTAL Labor Hours per Year 6,610.50 804.38 3,363.75 526.50 3,597.75 716.63 702.00 1,842.75 555.75 18,720.00 Page 36 Mill Valley Refuse Service Allocation Statistics of Billings: Mill Valley Belvedere Corte Madera Alto Tiburon County Homestead Strawberry Almonte Total Residential 4274 847 2795 261 2720 749 913 873 632 14064 Commercial 255 10 136 10 75 17 4 43 15 565 Apartments 67 8 41 15 52 1 2 26 4 216 2023 Actual 4,596 865 2,972 286 2,847 767 919 942 651 14,845 Residential 4286 844 2795 262 2722 743 908 873 637 14070 Commercial 256 10 135 10 75 17 4 42 16 565 Apartments 67 8 41 15 52 1 2 26 4 216 2024/2025 Projected 4,609 862 2,971 287 2,849 761 914 941 657 14,851 Page 37 MILL VALLEY REFUSE SERVICE CPI Landfill Director CM Porta TIB Disposal Landfill GW Recycling CPI %* Base Salary Potty Allow Potty Allow CM MV MV MV 471,075 12,000 37.75 2005 480,497 12,000 38.51 2006 495,872 12,384 39.74 2007 512,236 12,793 41.05 3.30 2008 528,115 13,189 42.32 3.10 2009 532,024 13,287 42.63 0.70 2010 539,472 13,473 43.23 1.40 2011 553,498 13,823 10,000 44.36 2.60 2012 568,443 14,196 10,270 45.55 2.70 2013 580,948 14,509 10,496 46.55 2.20 2014 597,215 14,915 10,790 47.86 2.80 2015 612,742 15,303 11,070 49.10 2.60 2016 631,125 15,762 11,402 50.58 3.00 2017 651,321 16,266 11,767 52.19 56.01 46.27 83.00 3.20 2018 676,722 16,901 12,226 54.23 58.19 48.07 86.24 3.90 2019 699,054 17,458 12,630 56.02 60.11 49.66 89.08 3.30 2020 710,938 17,755 12,844 56.97 61.14 50.51 90.60 1.70 2021 733,688 18,323 13,255 58.79 63.09 52.12 93.50 3.20 2022 774,775 19,349 13,998 62.09 66.63 55.04 98.73 5.60 2023 803,441 20,065 14,516 64.38 69.09 57.08 102.39 3.70 *Confirmed to Bureau of Labor Statistics Page 38 Mill Valley Refuse Service Analysis of Imputed Rent for Fair Return on Investment 114 Front Street location is owned by MVRS yet the only costs that provide any return are: Building Deprecation 20,777 Commercial Property Insurance 43,000 Property Taxes 108,464 172,241 Monthly Annual Fair Market Rent (Add)36,637 439,644 est. 2015 Building Depreciation 20,777 Insurance 43,000 Property Taxes 108,464 Avoided Costs (Subtract)172,241 Net Cost 267,403 Fair return on Investment CM Cost + 10% 26,740 All Others Operating Margin 29,711 Page 39 EXHIBIT 5 RESOLUTION NO. XX-2024 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE 2024 COLLECTION RATE APPLICATION FOR MILL VALLEY REFUSE SERVICE FOR THE PERIOD JULY 1, 2024 THROUGH JUNE 30, 2025 WHEREAS, the Town of Tiburon and Mill Valley Refuse Service (“MVRS”) entered into a Waste Collection Service Franchise Agreement July 1, 2011 (“Franchise Agreement”); and WHEREAS, MVRS has submitted a Rate Application which includes a general rate increase of 7.92% for all residential and commercial service; separate rates for Curbside, On- Premise and On-Premise Plus service which is based on where trash is located on residential or commercial property; an exemption to On-Premise rates for those who qualify due to physical disability or age; and new Commercial Composing Services; and WHEREAS, the proposed terms and rates are outlined in the attached Exhibit “A”. WHEREAS, the Town Council held a duly noticed public hearing during its regular meeting on June 19, 2024 to discuss the rate adjustment. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon that the rate adjustment and the revised residential and commercial terms and conditions, are hereby approved and shall be made an addendum to the Franchise Agreement. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on June 19, 2024 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: _________________________________ ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: __________________________________ LEA DILENA, TOWN CLERK EXHIBIT A - 2024-25 Terms & Conditions Effective July 1, 2024 Tiburon Residential Terms and Conditions Service Rate Service Rate includes one-time-per-week pickup of trash, recycling and compost cans, four-times-a-year on-call curbside pickups for trash only, and on-call pickups of limited types of household hazardous wastes listed on the MVRS website. MVRS provides one (1) compost can and one (1) recycling can per customer. Extra recycling cans are available for $13.00 per can per month. Extra compost cans are available for $13.00 per can per month. Single Residence Curbside and On-Premise Service Rates Curbside Service is defined as the can being placed within five (5) feet of, and at the same level as, the curb or side of the principal street. The monthly rate for Curbside Service is equal to the applicable amount for size and number of cans on the currently approved Rate Sheet. On-Premise Service is defined as the can being visible from the street, six to 25 feet from the curb, and accessible to a wheeled cart (no steps allowed unless in an MVRS-approved location). The monthly rate for once-a-week On-Premise Service is equal to the applicable Curbside Service Rate plus $8.00 per can. The monthly rate for twice-a-week On-Premise Service is equal to the applicable Curbside Service Rate plus $16.00 per can. Empty cans will be left at the curb unless the customer agrees to pay 2X the carryout rate to return them. On-Premise Plus Service is defined as cans beyond 25 feet from the curb, or not visible from the street, or up or down any number of stairs, or not in a location accessible to a wheeled cart. The monthly rate for once-a-week On-Premise Plus Service is equal to the applicable Curbside Service Rate plus $18.00 per can. The monthly rate for twice-a-week On-Premise Plus Service is equal to the applicable Curbside Service Rate plus $36.00 per can. Empty cans will be left at the curb unless the customer agrees to pay 2X the carryout rate to return them. Disability/Senior Citizen Exemption from On-Premise Service Rate. Individuals who cannot bring cans to the curb due to disability may fill out a Request for Disability Service form, which is available from our office or may be downloaded from our website (www.millvalleyrefuse.com). Some restrictions on can placement apply, and a doctor’s certification of disability OR copy of a current CA Disability Parking Placard is required along with the completed form. Senior Citizen Exemption available to those age 70 or older. On-Premise Service and On-Premise Plus Service are also available for recycling and compost cans for an additional $8.00 or $18.00 per can per month respectively. Empty cans will be left at the curb unless the customer agrees to pay 2X the carryout rate to return them. Due to their size and excessive weight, On-Premise Plus Service is NOT available for recycling and compost cans where stairs are involved. Please note that MVRS may not be able to accommodate On-Premise Service and On-Premise Plus Service due to a variety of factors involving driver safety, accessibility of the can, and route efficiency. Requests will be assessed by the General Manager. Additional Quantities of Cans Service for additional cans over the quantities listed on the rate sheet will be charged a multiple of the single can, one-time-per-week pick up rate (i.e. five 32-gallon cans are charged the four-can rate plus the one-can rate). Low Income Rate A 20% discount off the applicable residential rate is available to residential Single-Family customers who have already qualified for the PG&E CARE/FERA Program. A copy of the customer’s PG&E bill showing the qualified CARE/FERA Program is required for the discount. To maintain the discounted rate, customers must submit a new PG&E bill annually showing the CARE/FERA discount. Apartment Service Rates Apartments are defined as multi-unit residential housing with four or more units all paid for by the property owner. Apartments are charged a minimum of one 32-gallon can per unit per trip at the applicable once-per-week Apartment Rate as shown on the current, approved rate sheet. Additional 32-gallon cans over the minimum will be charged at the additional applicable per-can rate. Service Rate includes one-time-per-week pickup of trash, recycling and compost cans. Multiple trash trips in a week to a single location will be charged a multiple of the applicable once-per-week Monthly Rate. Special Note: An Apartment may elect to add an additional recycle-only pickup day at a single location for a trip charge equal to a multiple of the applicable once-per-week Recycling Rate. 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 whether additional 32-gallon cans (over the minimum set forth immediately above) shall be charged at that location: • 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. (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). If the foregoing equivalency formulas result in a higher number of 32-gallon cans than the minimum of one per unit, the applicable once-per-week rate shall be applied to such higher number of 32-gallon cans. If the result is a lower number of 32-gallon cans, then the minimum one-can-per-unit charge set forth above shall be applied. MVRS will provide Apartments with up to one recycle can and one compost can per unit at no extra charge. Extra cans are available at $13.00 per month per can. Countertop food waste containers (one per unit) are available FREE of charge. Call our office for delivery. Apartment Curbside and On-Premise Service Rates The same definitions and charges for Curbside, On-Premise and On-Premise Plus Services, as described above, apply for Apartments, except for 1-yard or 2-yard containers where additional charges will apply. HOWEVER, if our service trucks are able to drive right up to trash enclosures on a complex’s property, and trash containers are within five (5) feet of where the truck is parked, MVRS will charge the same as if the cans were curbside. Miscellaneous and Extra Charges 32-gallon extra trash can/bag: $10.00 (curbside); $18.00 (On-Premise); $28.00 (On-Premise Plus). 45-gallon extra trash can/bag: $12.00 (curbside); $20.00 (On-Premise); $30.00 (On-Premise Plus). 32-gallon extra yard waste can/bag: $8.00 (curbside only). Special pickup of recycling or compost can that is contaminated with improper materials: $30.00 Cart Overloaded: $30.00 Cart Replacement Charges Carts broken by MVRS drivers: $0 Carts broken by Customer: $75.00 Cart exchanged by request for aesthetic reasons (i.e. due to graffiti, smell, being dirty): $30.00 Customers should call in advance for free quotes on other loose trash and bulky items including mattresses and major appliances. Delinquent Accounts and Vacation Holds on Service 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. This charge is waived if customer agrees to sign up for Auto-Pay. Accounts may be put on Vacation Hold for a minimum of three months only with no administration fee upon reactivation of service. Tiburon Commercial Terms and Conditions Service Rates for Non-Food Service Businesses Service Rates include trash, recycling and compost can service. MVRS provides one 64-gallon compost can, but an unlimited number of recycle cans upon request, with once per week pickup. Extra compost cans are available at an additional charge of $13.00 per can per month. Additional weekly pickups may be requested and are at the discretion of MVRS as routing efficiencies allow (additional charges may apply). Service Rates for Food Service Businesses A Food Service Business is defined as any business; such as a restaurant, delicatessen, coffee house, or supermarket; that is engaged, at whole or in part, with the preparation and service of food to the public. Service Rates for Food Service Businesses include trash, recycling and compost can service. MVRS provides two (2) 32-gallon compost cans, but an unlimited number of recycle cans upon request. However, extra compost cans are available at the additional charge listed on the rate sheet under the Food Service Business Compost Cans section. Additional Compost Service Available to Food Service Businesses Food Service businesses that subscribe to trash service multiple days per week, are entitled to have their two (2) 32-gallon compost cans picked up on the same number of days as their trash* (if necessary) at no additional charge. Compost cans may be picked up more often than the trash service upon request at the additional charge of the single can, one-time-per-week rate listed under the Food Service Business Compost Cans section. *To maintain routing efficiencies, but provide the same volume of compost service, MVRS may choose to provide extra compost cans at no extra charge, but limit the number of pickup days. For example, a restaurant with 3x/week trash service is entitled to have two 32-gallon compost cans picked up 3x/week (for a total of six cans per week). However, if a compost route is not in the vicinity on one of the three days, MVRS may elect to provide additional 32-gallon cans, and only pick up on two days, so that the restaurant is still receiving the same volume of six compost cans picked up in a week to which it is entitled. Organics (Food 2 Energy) Food 2 Energy is a program that takes pure food waste and converts it into renewable energy. Shopping centers and grocery stores with existing trash service may add this additional service at the Organics (Food 2 Energy) rate shown on the Commercial Rate sheet. Multiple containers/pickups of quantities listed on the Commercial Rate sheet are charged a multiple of the single container, one-time pick up rate. Commercial Curbside and On-Premise Service Rates The same definitions and charges for Curbside, On-Premise and On-Premise Plus Services, as described on the Residential Terms & Conditions page apply to Commercial businesses, except for 1-yard or 2-yard containers where additional charges will apply. HOWEVER, if our service trucks are able to drive right up to trash enclosures on a complex’s property, and trash containers are within five (5) feet of where the truck is parked, MVRS will charge the same as if the cans were at curbside. Multiple Cans/Pickups – Trash 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. Compacted Trash Compacted trash is defined as trash that has been reduced in size by a compactor, and then placed into a 1 or 2-yard container for pick up by a regularly routed, rear-loading MVRS garbage truck. Compacted trash is further defined as having been reduced in volume by a ratio of 4:1. The rate for pickup of Compacted Trash is four times the rate listed for 1 or 2-yards of non-compacted trash on the Commercial Rate sheet. Note that MVRS reserves the right to limit the weight of loads of compacted trash in single containers if the containers become too heavy for our drivers to roll to the truck or too heavy for the lift mechanism on the truck to lift the container. Multiple containers/pickups of quantities listed on the Commercial Rate sheet are charged a multiple of the single container, one-time-per-week pick up rate. Compactor A compactor is defined as a self-contained/enclosed unit that is picked up by an MVRS roll-off truck and weighed at the landfill scales. Multiple pickups of quantities listed on the Commercial Rate sheet are charged a multiple of the one-time 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 $125 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 of three (3) times a week service during the regular workweek. Sunday Service Sunday service may be available depending on demand. Delinquent Accounts If an account is put on “stop service” due to a past due balance (net 30), a $20.00 processing fee will be charged in addition to the past due amount to reactivate service. EXHIBIT A - 2024-25 Rate Sheet Greg- Nanci Freedman here, a Tiburon resident of 2344 Mar East. I read of the continuing consideration of Tiburon’s contract with MVRS. While I question their price increase citing inflation (our annual increase FAR exceeds the national average increase) I would like to get a tangible benefit tied to the increase: I would like the ability to use compostable bags. Our neighboring communities use a refuse service(s) which has found the option for using such bags but MVRS continues to ‘hide’ behind the position that the eventual dump doesn’t allow it as the bags decompose at a different rate. Yet, pizza boxes and any other food-touched paper is allowed. ?!?? Their position doesn’t make sense, especially considering how many neighboring communities have found a way. If CA, Marin and Tiburon are serious about recycling and composting, one sure-fire way to achieve an increase in composting is utilizing compostable bags. Please consider and share with the Council. Thank you for your attention. Nanci Freedman PH-1 Late Mail #1 - received 6/19/24