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HomeMy WebLinkAboutTC Agd Pkt 2011-06-15TOWN OF TIBURON Regular Meeting Tiburon Town Hall Tiburon Town Council 1505 Tiburon Boulevard June 15, 2011 Tiburon, CA 94920 Meeting time - 7:30 p.m. Closed Session - 7:15 p.m. AGENDA TIBURON TOWN COUNCIL CLOSED SESSION - (7:15 p.m.) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) Lowenberg v. Town of Tiburon CALL TO ORDER AND ROLL CALL Councilmember Collins, Councilmember Fredericks, Councilmember O'Donnell, Vice Mayor Fraser, Mayor Slavitz ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION IF ANY ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3) minutes. CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion of the Town Council unless a request is made by a member of the Town Council, public or staff to remove an item for separate discussion and consideration. If you wish to speak on a Consent Calendar item, please seek recognition by the Mayor and do so at this time. 1. Town Council Election - Adopt resolutions pertaining to November 8, 2011 municipal election for the purpose of electing two council members (Town Clerk Crane Iacopi) 2. Community Development Block Grant - Authorize renewal of three-year agreement with County of Marin (Director of Community Development Anderson) 600 Ned's Way Recreation Facility project - Reject all construction bids and authorize staff to revise the project specifications and re-bid the project (Director of Public Works/Town Engineer Nguyen) ACTION ITEMS Appointments to Boards, Commissions and Committees - Consider appointments to fill vacancies on the Marin Commission on Aging (Town representative to the Board), Belvedere-Tiburon Library Agency Board of Directors (Tiburon trustee), and Tiburon Planning Commission (one seat) (Town Clerk Crane Iacopi) PUBLIC HEARINGS 1. Cypress Hollow Landscaping and Lighting District - Conduct protest hearing and consider adoption of a resolution adopting an assessment for continuation of the district in fiscal year 2011-12 (Director of Administrative Services Bigall) Mill Valley Refuse Service - Consider actions related to the proposed Mill Valley Refuse Service rate increase, renewal of franchise agreement, and adoption of a new Chapter 26, Ordinance Governing Solid Waste Storage, Collection and Disposal (Town Manager Curran; Town Attorney Danforth; Director of Administrative Services Bigall) A. Renewal of Franchise Agreement B. Rate Increase C. Adopt new Solid Waste Ordinance (Repeal and adopt neNA7 Chapter 26 of the Town Code) - introduction and first reading of ordinance 3. Creation of Building Code Appeals Board - Consider establishment of a Building Code Appeals Board to hear and decide appeals of non-administrative decisions of the Building Official and related actions (Building Official Lustenberger) A. Adopt a resolution establishing the Building Code Appeals Board B. Amend Chapter 13 (Building Ordinance) of the Town Code to reference a Building Code Appeals Board - introduction and first reading of ordinance 4. Claims Ordinance - Consider adoption of an ordinance governing claims against the Town (Town Attorney Danforth) A. Add new Chapter 3 B to the Town Code - introduction and first reading of ordinance TOWN COUNCIL REPORTS TOWN MANAGER'S REPORT WEEKLY DIGESTS 0 Town Council Weekly Digest - June 10, 2011 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.ci.tiburon.ca.us. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. TOWN OF TIBURON Town Council Meeting June 15, 2011 1505 Tiburon Boulevard Agenda Item: Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Office of the Town Clerk Recommendation to Adopt Resolutions Pertaining to the November 8, 2011 Municipal Election L.:; The Town Clerk must notify the County Clerk/Registrar of Voters in the month of June of the Town's intention to conduct an election in November. The terms of two members of the Town Council, Mayor Slavitz and Councilmember Collins, will expire in November of this year. The filing period for the incumbents and interested residents (who are registered voters in the Town of Tiburon) opens on July 18 and runs through August 12, 2011. At that time, if any one of the incumbents does not file for re-election, the filing period is extended for five days, until August 17, 201 for non-incumbent candidates only. If, at the close of the filing period, only two candidates file for the two seats, the Council will have the option of either conducting the election or appointing the nominees to fill the pending vacancies. Other important deadlines are contained in the attached calendar. As the date of the election draws closer, the Town Clerk will provide the candidates with the appropriate forms and other information. RECOMMENDATION Staff recommends that the Town Council adopt the following resolutions: Calling the Election on November 8, 2011; 2. Requesting Consolidation of Election Services with the County of Marin; 3. Establishing the Cost and Payment requirements for Candidate's Statements. Exhibits: 1. Election Calendar 2. Resolutions Prepared By: Diane Crane Iacopi, Town Clerk MARIN COUNTY REGISTRAR OF VOTERS ELECTION TIMETABLE FOR MUNICIPAL ELECTION FOR CANDIDATES November 8, 2011 Days Before Objective Code Election Sections 7/4-7/18 Publish or post Notice of Election once. Include time of election and EC 12101-02 (E127-113) offices to be filled. Notice of measure to be voted on can be EC 12111 consolidated with this notice pursuant to EC Sec. 12112. If this is a GC6061 special election to fill a vacancy, the notice shall state that if one or fewer persons are nominated for an elected office, appointment may be made pursuant to EC Sec. 10229. 7/18-8/12 Nomination papers to be obtained and filed during this period. EC 10220 (E-113- E-88) Candidates' Statements, which are optional, must be filed at the same EC 13307 time as nomination papers and must remain confidential until expiration EC 13311 of filing period. Disclosure of Economic Interests must be filed at the same time as GC 87201 nomination papers. et seq. Code of Fair Campaign Practices: form must be issued to each EC 20440 candidate, to be completed and filed at candidate's option. 8/12 Last day to file with County Board of Supervisors (with copy to EC 10400 (E-88) Registrar of Voters) a Council resolution requesting consolidation of EC 10402 municipal election with other local elections to be held on same date. EC 10403 Resolution must include exact form of measure(s) or office(s) to be voted upon, as they are to appear on the ballot. This resolution must be adopted and filed at the same time as the ordinance or resolution calling the election. Last Day to file nomination papers with the City Clerk's office. A candidate shall not file nomination papers for more than one municipal EC 10220.5 office or term of office for the same municipality in the same election. EC 10510 Last day for a candidate to withdraw his/her nomination papers that have been filed. Time extension of filing period if incumbent fails to file. If EC 10225 8/17 nomination papers for an incumbent officer of the city are not filed by E-83 or on the 88 day before the election during normal business hours, as posted, the voters have until E-83 to nominate other candidates. Not applicable where there is no incumbent eligible to be elected. A candidate filing under this section has until E-83 to withdraw papers that have been filed. Insufficient candidates. If by E-88 or E-83 an incumbent fails to file EC 10229 and there are no candidates or insufficient candidates for the office, the governing body of the city may appoint the person who has been nominated, or appoint any eligible elector if no one has been nominated, or hold the election. See Sec. 10229 of the CA Elections Code for procedures. 8/18 Random alphabet drawing by Secretary of State. Results will be sent EC 13112 (E-82) to Registrar of Voters and Registrar will send a copy to each City. 8/19 Last day for City Clerks to file candidates' names and occupational EC 10403 (E-81) designations with Registrar of Voters. The Candidates' Statements should also be forwarded to the Registrar of Voters no later than this date. 9/12-10/25 Write-in candidates may obtain and file nomination papers at the EC 8600-05 (E57-E14) office of the City Clerk during this period. 9/29-10/18 Mailing of Sample Ballots - Registrar of Voters mails Voter EC 13303 (E40-E21) Information Pamphlets to voters registered by E-29. 10/10 Absentee ballots. Registrar of Voters begins issuing absentee ballots to EC 3001 (E-29) voters in person or by mail. Applications received before this date will be held and processed beginning on this date. 10/24 Registration deadline. Last day to register to vote in the election. EC 2107 (E-15) 10/29* Notice of Central Count. Last day for Registrar of Voters to publish EC 12109 (E-10) notice of Central Count. 11/1 Notice of Polling Places. Last day for Registrar of Voters to publish a EC 12105-06 (E-7) list of polling places. Publication to be made one time in a newspaper of GC 6061 general circulation. Registrar of Voters to post the list of polling places and precinct board members appointed by the 15thday before the election in office and on website. 11/1 Deadline to apply for an absentee ballot by mail. EC 3001 (E-7) 11/1 Notice of nominees. Last day for City Clerk to publish the Notice of EC12110 (E-7) Nominees, which is a list of the names of the nominees as they appear on the ballot, and the respective offices for which they have been nominated. (one time) 11/2-11/8 Absentee Voting - After mail application deadline. After deadline for EC 3021 (E6-0) requesting absentee ballot by mail, voters unable to vote at the polling Also see place on election day may request, receive and return their Absent Voter Sections 310( Ballots to Registrar's Office (in person or through authorized -3110 re: "Special representative) not later than the close of the polls on election day. Absentee Voters." NOV. 89 2011 ELECTION DAY - Polls open 7 a.m. until 8 p.m. EC 10242 (0) EC 14212 11/10 Registrar of Voters commences official canvass. EC 15301 (E+2) 12/6 Deadline for Registrar of Voters to complete official canvass, prepare EC 10411 (E+28) certified statement of the results and forwards it to City. EC 15300 et. Seq. City Clerk certifies results to governing body. EC 10262(b) City Council meets no later than the next regularly scheduled meeting following presentation of the 28-day canvass of results, or at a special 10263(b) meeting called for this purpose, to declare the results and install the newly elected officers. City Clerk enters results in council minutes. 10264 City Clerk prepares and delivers Certificate(s) of Election to the elected 10265 candidates. + 5 after official Deadline for voters to file request for recount. EC 10266 canvass is EC 15620 completed *When deadline falls on weekend or holiday, deadline is extended to the next weekday. RESOLUTION NO. XX-2011 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ORDERING AND CALLING A MUNICIPAL ELECTION IN THE TOWN OF TIBURON ON NOVEMBER 8, 2011 FOR THE PURPOSE OF ELECTING TWO COUNCILMEMBERS BE IT RESOLVED by the Town Council of the Town of Tiburon, that it is hereby ordered as follows: Section 1. Date of Election - Offices to be Filled. A general municipal election is hereby called and ordered to be held in the Town of Tiburon, State of California, on Tuesday, November 8, 2011, for the purpose of electing two Town Councilmembers, the terms of the incumbents of which are about to expire. Section 2. Registration to Close October 24, 2011. Registration for said election shall close on October 24, 2011; no persons registered after that date will be entitled to vote at said election. Section 3. Procuring and Filing Nomination Papers. Nomination papers may be procured from the Town Clerk and shall be filed with the Town Clerk no later than 5:00 P.M. of the eighty-eighth day before the election, or August 12, 2011. Town Hall normally closes at 3:30 p.m. on alternate Fridays (and is closed on the other Fridays) but the office of the Town Clerk will remain open until 5:00 P.M. on August 12, 2011, for the purposes of filing on that day. Nomination papers may not be circulated prior to July 18, 2011 and must be filed no later than 5:00 P.M. on August 12, 2011. If any one of the incumbents does not file for re-election to office by August 12, 2011 at 5:00 P.M., the filing period for such office is extended until 5:00 P.M. on August 17, 2011, for non- incumbent candidates only. Section 4. Time When Polls Are Kept Open. The polls shall be opened at 7:00 A.M. of the day of said election, and shall be kept open until 8:00 P.M. in the evening of the same day, when the polls shall be closed, subject to the provisions of Section 10242 of the Elections Code. Resolution No-U-2011 - Calling November 8, 2011 Election Section 5. Certification of Vote by Council . The Council shall meet at its usual meeting place on the first available date following the canvass of the vote by the County Registrar of Voters to certify the election and install the newly elected officers. The date of assuming office shall be Wednesday, December 7, 2011. Section 6. Publishing Notice of Election. The Town Clerk shall cause to be published in a newspaper of general circulation a Notice of Election which will include the date of election, hours the polls open and close and the offices to be filled. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on June 15, 2011, by the following vote: AYES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS JEFF SLAVITZ, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Resolution No.XX-2011 - Calling November 8, 2011 Election 2 RESOLUTION NO. XX-2011 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REQUESTING THE MARIN COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THE ELECTION AND AUTHORIZE THE COUNTY CLERK TO RENDER SERVICES REGARDING THE MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2011 WHEREAS, the Town Council of the Town of Tiburon has ordered an election for November 8, 2011; and WHEREAS, pursuant to Section 10403 of the California Elections Code, the Town Council of the Town of Tiburon may request the Board of Supervisors of the County of Marin to consolidate the General Municipal Election with any other election conducted on the same date; and WHEREAS, pursuant to Section 10002 of the California Elections Code, the Town Council of the Town of Tiburon may request the Board of Supervisors to permit the County Clerk to render specified services to said Body relating to the conduct of the election on a reimbursable basis, NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon as follows: 1. That the Board of Supervisors of the County of Marin is hereby requested to consolidate the election and authorize the County Clerk to render the following specified services for said Body relating to the conduct of the election to be held on November 8, 2011: Voter Indexes Voter Count by Precinct Verification of Signatures Drayage and Rental of Polling Places Printing of Measures and Arguments Printing of Sample and Official Ballots Appointment and Notification of Election Officers Mailing of Sample Ballots and Polling Place Notification Precinct Supplies Training of Precinct Workers Processing of Absentee Ballots Central Counting Canvass of Votes Cast Resolution No.XX- 2011 - Consolidate November 8, 2011 Town Council Election 2. That the Town Clerk is hereby ordered and directed to file a copy of this resolution with the Board of Supervisors of the County of Marin. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on June 15, 2011, by the following vote: AYES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JEFF SLAVITZ, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Resolution No.XX-2011 - Consolidate November 8, 2011 Town Council Election RESOLUTION NO. XX-2011 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON PROVIDING THAT THE COST OF PRINTING AND HANDLING THE CANDIDATE'S STATEMENT SHALL BE BORNE BY THE CANDIDATE AND PAID FOR AT THE TIME NOMINATION PAPERS ARE FILED WHEREAS, Section 13307 of the California Election Code provides that candidates for nonpartisan elective office in any local agency, including any city, county, or district, may prepare a candidate's statement of qualifications, which statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate's education and qualifications; and WHEREAS, the amount for printing 200 words has been estimated by the County of Marin to be $191.00 for each typed candidate's statement of qualifications in the November 8, 2011 municipal election; NOW, THEREFORE, BE IT RESOLVED, that in the event a candidate wishes to avail himself/herself of the right to prepare a candidate's statement of qualifications, that the cost of printing will be borne by the candidate and not by the Town of Tiburon; BE IT FURTHER RESOLVED that the estimated cost of $191.00 for printing candidate's statements of qualifications shall be paid for in advance by the candidate at the time Nomination Papers are filed with the Town Clerk. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on June 15, 2011, by the following vote: AYES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JEFF SLAVITZ, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Community Development Department Town Council Meeting June 15, 2011 Agenda Item: r., Z Renewal of Cooperation Agreement with County of Marin Regarding the Community Development Block Grant (CDBG) Program The federally-funded Community Development Block Grant (CDBG) program provides grants to local governments for housing, community facility, and human service programs serving lower- income people. Every three years, the Town of Tiburon (and all the other municipalities in Marin County) renews a cooperation agreement with the County of Marin regarding CDBG funds and programs. This is necessary because of the small population of most municipalities in Marin; with the federal government defining "small" as less than 50,000 persons. The County of Marin has the staff and expertise to administer the CDBG program on behalf of the entire county. , This Agreement enables residents and homeowners in Tiburon to apply for financial assistance under various federally-funded programs, such as the HOME Investment Partnership Act. The Agreement, last renewed in 2008, is about to expire and must be renewed by June 30, 2011 in order for the Town to continue participation in the program. There are no substantive changes in the Agreement from the 2008 version. A resolution authorizing renewal and execution of the Agreement is attached as Exhibit 1. The draft Agreement is attached as Exhibit 2. FISCAL IMPACT Renewal of the Cooperation Agreement will have no fiscal impact on the Town. RECOMMENDATION Staff recommends that the Town Council adopt the attached resolution. Exhibits: 1. Draft Resolution 2. Draft Agreement Prepared By: Scott Anderson, Director of Community Developments I ltown I IsharedWministration lTown CouncillStaffReports12011 Uune 15 draftslcdbgprogram agreement report.doc RESOLUTION NO. XX-2011 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AUTHORIZING EXECUTION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COOPERATION AGREEMENT WITH THE COUNTY OF MARIN WHEREAS, it is mutually desired by the Town of Tiburon and the County of Marin that they enter into a Cooperation Agreement, in accordance with the Housing and Community Development Act of 1974, as amended, in order to jointly undertake community development and housing assistance activities; and WHEREAS, the Town of Tiburon entered into such an agreement with the County of Marin for a three-year period ending on June 30, 2011, as adopted by Resolution No. 26-2008 on June 18, 2008; and WHEREAS, said Agreement is nearing expiration and both parties are desirous of renewing the Cooperation Agreement. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon approves and authorizes the Mayor to execute, on behalf of the Town of Tiburon, a three-year Cooperation Agreement with the County of Marin for the Community Development Block Grant and HOME Programs, and that the Town of Tiburon hereby adopts the policies included in the Cooperation Agreement. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on June 2011, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JEFF SLAVITZ, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK IltownIIsharedWministrationITown CouncillStaffReports120111CDBG3 yearrenewal reso.doc ' T T T J,..'.~ ~`T rte. COOPERATION AGREEMENT THIS AGREEMENT, entered into this day of , 20111 by and between TOWN OF TIBURON , hereinafter referred to as "City" and COUNTY OF MARIN, hereinafter referred to as "County." WITNES SETH WHEREAS, TOWN OF TIBURON is a duly constituted municipal corporation under the laws of the State of California, and is empowered thereby to undertake essential community renewal and lower-income housing assistance activities; and WHEREAS, COUNTY OF MARIN is a duly constituted subdivision of the State of California, and is also empowered by State law to undertake essential community renewal and lower-income housing assistance activities; and WHEREAS, Government Code Sections 6500, et seq., authorize two or more public agencies to jointly exercise any power common to both; and WHEREAS, it is mutually desired by the parties hereto to enter into a Cooperation Agreement, in accord with the Housing and Community Development Act of 1974, as amended, and applicable Federal rules and regulations adopted pursuant thereto, whereby the parties shall jointly undertake community renewal and lower-income housing assistance activities, including those funded by the Community Development Block Grant Entitlement Program (CDBG), the HOME Investment Partnerships Program (HOME), and the Emergency Shelter Grants Program (ESG). NOW, THEREFORE, BE IT HEREBY RESOLVED as follows: 1. The parties hereto agree to cooperate to undertake, or assist in undertaking, community renewal and lower-income housing assistance activities, pursuant to the Housing and Community Development Act of 1974, as amended, the HOME Investment Partnerships Act, as amended, and the Stewart B. McKinney Homeless Assistance Act, as amended. City agrees to undertake, or assist in undertaking, community renewal and lower-income housing assistance activities. This Agreement shall become effective October 1, 2011, and be in effect until terminated, but termination may not occur before September 30, 2014. In any event, this agreement shall remain in effect until the Community Development Block Grant, HOME Investment Partnerships Program, and Emergency Shelter Grants Program funds from appropriations for federal fiscal years 2012, 2013, and 2014 and any program income received with respect to activities carried out during the three-year qualification period are expended and the funded activities completed. Neither County nor City may terminate or withdraw from this Cooperation Agreement while it remains in effect. 2. Upon certification of Marin County, including all or a portion of the incorporated cities, as an "urban county" for federal fiscal years 2012, 2013, and 2014, under the Housing and Community Development Act of 1974, as amended, and applicable rules and regulations adopted pursuant thereto, a Priority Setting Committee shall be formed consisting of one (1) representative designated by each of the participating cities and one (1) representative designated by the Board of Supervisors. With mutual consent of the Board of Supervisors and each of the participating cities, the Priority Setting Committee may be expanded to include one or more additional member(s). Each representative shall have equal voting rights on the Committee. The Committee shall prepare a proposed budget for the use of funds, and any other documentation required by the U.S. Department of Housing and Urban Development (HUD) for EX7IIBIT INTO. JA 2 the Community Development Block Grant Program, the HOME Investment Partnerships Program, and the Emergency Shelter Grants Program, including, but not limited to, a list of specific projects to be undertaken and priorities for implementation for both housing and community development projects. In preparing its proposed plans, project priorities, proposed budget, and other documentation, the Committee shall disseminate complete information to citizens of Marin County concerning its proposals and alternatives; shall conduct public hearings to obtain the views of citizens on community development and housing needs; and shall provide citizens with adequate opportunity to participate in the development of programs and priorities. To ensure adequate participation in the planning process, six subregional citizen participation/planning areas will be designated which will include the cooperating incorporated cities as well as adjacent unincorporated areas. These will be the Richardson Bay Planning Area, the Lower Ross Valley Planning Area, the Upper Ross Valley Planning Area, the Novato Planning Area, the San Rafael Planning Area, and the West Marin Planning Area. Each year, a minimum of one workshop or public hearing shall be conducted within each citizen participation/planning area by a panel consisting of one (1) representative designated by the Board of Supervisors and one (1) representative designated by each of the participating cities located within the planning area. With mutual consent of the Board of Supervisors and each of the participating cities located within the planning area, a panel may be expanded to include an additional member. After deduction of administrative expenses, forty percent (40%) of the net Community Development Block Grant monies and one hundred percent (100%) of the net HOME Investment Partnerships Program monies allocated annually to the County of Marin as an "urban county" under the Housing and Community Development Act of 1974, as amended, and the HOME Investment Partnerships Act, as amended, shall be allocated for housing purposes on a countywide basis. The portion of CDBG funds described in the immediately preceding sentence shall be known as "CDBG Countywide Housing funds." Distribution of such funds will be made by the Board of Supervisors, on recommendation of the Priority Setting Committee. Such distribution will be consistent with HUD guidelines and evaluation criteria developed by participating cities and the county, to ensure consistency and facilitate implementation of countywide housing goals. The remaining sixty percent (60%) of the net Community Development Block Grant urban county allocation shall be suballocated to the interjurisdictional citizen participation/planning areas according to the general Community Development Block Grant funding distribution formula used by HUD to determine Marin County's allocation, based on the latest available countywide data on population, the extent of poverty, and the extent of housing overcrowding, with the provision that the extent of poverty be counted twice. However, a different distribution formula is hereby expressly authorized if and when necessary to comply with Title I of the Housing and Community Development Act of 1974, as amended. Recommendations for the use of citizen participation/planning area funds shall be made by the citizen participation/planning area panels, as described above in Section 2, and then referred to the full Priority Setting Committee, which will make its recommendations to the Marin County Board of Supervisors. The Marin County Board of Supervisors will make the final funding decisions. If any project submitted by County as a portion of the Community Development Block Grant documentation is found to be ineligible by HUD, the proposed project shall not be funded. In such an event, the County, acting in concert with the Priority Setting Committee and the affected citizen participation/planning area panel, may submit an alternative priority project which is within the original cost and in line with the stated needs and objectives of County, provided such a resubmission conforms with the rules and regulations of the Department of Housing and Urban Development for the administration of Title I of the Housing and Community Development Act of 1974, as amended. 4. Upon completion of planning area and Priority Setting Committee deliberations, the proposed budget and other documentation shall be submitted to the Marin County Board of Supervisors for review and approval. The Marin County Board of Supervisors will have final responsibility for selecting Community Development Block Grant (CDBG), HOME, and ESG activities and submitting the Consolidated Plan and other documentation to HUD. 5. For any Community Development Block Grant Planning Area which includes a city with a population of 50,000 or more (according to population estimates issued by the U.S. Department of Housing and Urban Development), the system described in Section 3 of this Agreement for allocation of Community Development Block Grant funds in that Planning Area will, at the option of the largest city in the Planning Area, be modified as follows: The City Council of the largest city in the Planning Area, rather than a panel consisting.of one representative designated by the Board of Supervisors and one representative designated by each of the participating cities located within the Planning Area, will prepare the proposed list of projects for the use of (a) that:Planning Area's funds, and (b) that Planning Area's "proportional share" of CDBG Countywide Housing funds. "Proportional share" shall be defined as the same proportion by which Planning Area funds are distributed among the Planning Areas according to the formula described in Section 3 of this Agreement. The City Council will establish its own system for setting local funding priorities, but its process for selecting projects must include a public hearing. The City Council must consider the needs of all eligible persons who reside within the Planning Area, including those outside city limits, but will not be subject to any quotas with regard to the type or location of projects. The resulting recommendations will be referred to the full Priority Setting Committee and then to the Marin County Board of Supervisors for review and approval. The Priority Setting Committee will recommend allocation of HOME and ESG funds on a countywide basis, but may restrict the CDBG Countywide Housing funds remaining under its jurisdiction to planning areas not implementing the provisions of this paragraph. City may terminate its participation in this Cooperation Agreement and membership on the Priority Setting Committee by a single majority vote of its governing body. Such termination shall take effect only at the end of the federal three-year urban county qualification period in which the action is taken. The next such qualification period will end September 30, 2014. Subsequent urban county qualification periods will end September 30 on every third year following that date. 7. Any public housing to be located in City and which under the Constitution of the State of California requires approval of the voters shall not be approved unless it receives a favorable majority of the voters of City. This Cooperation Agreement shall not exempt any project from the required local government planning approval process. Community Development Block Grant, HOME, and ESG funds received by County may be allocated to projects only through the process described in this Cooperation Agreement. 4 8. Pursuant to the Cooperation Agreement, County, acting through the Board of Supervisors, shall be the primary general-purpose local governmental unit under the Housing and Community Development Act of 1974, as amended. It shall be the responsibility of County to apply for grants, to administer all funds received, and to undertake or assist in undertaking essential community renewal and lower income housing assistance activities. County shall have the authority to carry out activities which will be funded from annual Community Development Block Grants, from HOME Investment Partnerships Program funds, and from Emergency Shelter Grants Program funds from Federal Fiscal Years 2012, 2013, and 2014 appropriations and from any program income generated from the expenditure of such funds. Records shall be kept by County in accordance with approved accounting procedures, and said records shall be available for public inspection at all times. 9. County, City, and all other cooperating cities shall take all actions necessary to assure compliance with the urban county's certification required by Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including the National Environmental Policy Act of 1969, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Executive Order 11988, the Fair Housing Act, Section 109 of Title I of the Housing and Community Development Act of 1974, and other applicable laws. Use of urban county funds for activities in, or in support of, any cooperating city that does not.' affirmatively further fair housing within its own jurisdiction or that impedes the county's- actions to comply with.the county's fair housing certification shall be prohibited. Pursuant to 24.CFR 570.501(b); City is subjectto the same requirements applicable to subrecipients,-including the requirement of a written agreement as described in 24 CFR 570.503. 10. City shall inform County of any income generated by the expenditure of Community Development Block Grant funds, HOME Investment Partnerships Program funds, or ESG funds received by City. Any such program income shall be paid to County for use for eligible activities in accordance with all Community Development Block Grant, HOME Investment Partnerships Program, and ESG requirements as may then apply. County has the responsibility for monitoring and reporting to HUD on the use of any such program income, thereby requiring appropriate recordkeeping and reporting by City as may be needed for this purpose. In the event of close-out or change in status of City, any program income that is on hand or received subsequent to the close-out or change in status shall be paid to County. 11. The following standards shall apply to real property acquired or improved in whole or in part using Community Development Block Grant, HOME, or ESG funds that is within the control of a participating City. a. City shall give County timely notification of any modification or change in the use of the real property from that planned at the time of acquisition or improvement including disposition. b. City shall reimburse County in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of funds other than Community Development Block Grant, HOME, or ESG) of property acquired or improved with Community Development Block Grant, HOME, or ESG funds that is sold or transferred for a use which does not qualify under the Community Development Block Grant, HOME, or ESG regulations. C. City shall pay to County any program income generated from the disposition or transfer of property prior to or subsequent to the close-out, change of status or termination of the cooperation agreement between County and City. Any program income shall be 5 allocated by County for eligible activities in accordance with all Community Development Block Grant, HOME, or ESG requirements as may then apply. 12. The parties hereto agree that the final responsibility for analyzing needs, setting objectives, developing plans, selecting projects for community development and housing assistance, selecting Community Development Block Grant, HOME, and ESG activities, and filing the Consolidated Plan and other required documentation rests with County, as required by the Housing and Community Development Act of 1974, as amended. 13. By executing this Community Development Block Grant Program Cooperation Agreement, City understands that it may not apply for grants under the State Community Development Block Grant Program from appropriations for fiscal years during the period in which it participates in the urban county's Community Development Block Grant Program; that it will be part of the urban county for the HOME Program and ESG if the urban county receives HOME and ESG funding, respectively; that it may receive formula allocations under the HOME Program and ESG only through the urban county; and that, even if County does not receive a HOME formula allocation, City cannot form a HOME consortium with other local governments ::,except through the urban county. This does not preclude City or County from applying to the. State for HOME or ESG funds, if the State allows. .:;1.4. The cooperating ,unit of general local government has adopted and is enforcing: a. A policy prohibiting the use of excessive force by law enforcement agencies within its ` jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and b. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. The phrase "cooperating unit of general local government" has the same meaning in this Cooperation Agreement as it does in HUD Notice #CPD-11-064. IN WITNESS WHEREOF, the parties have executed the above instrument on the day and year first above written. COUNTY OF MARIN By: Susan L. Adams, President Board of Supervisors ATTEST: TOWN OF TIBURON By: Mayor ATTEST: Deputy Clerk of the Board Clerk 6 MASTER FORM APPROVED AS TO FORM: David L. ' ltsman Deputy Coun ounsel County of Marin E:\Roy's Main\Roy's Docs\GENERAL\COOP\2011\2011 Agreement--Final.Doclrb To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Office of the Director of Public Works/Town Engineer Town Council Meeting June 15, 2011 Agenda Item: 7 Subject: Recommendation to Reject All Construction Bids for the 600 Ned's Way Facility Project and Authorize Staff to Revise the Project Specifications and Re-bid the Project Reviewed By: BACKGROUND In spring 2010, preliminary investigation work began on the 600 Ned's Way town-owned vacant lot to house the Joint Recreation District. Work included the development of a proposed site plan by former Councilmember Miles Berger, working on a pro-bono basis. Neighborhood meetings were held to review concepts and get feedback on potential problems and issues, which have been addressed through the design process. The 600 Ned's Way facility project was brought back to Town Council on May 19, 2010, where direction was to move forward with the project and to employ streamlined development review procedures. On July 21, 2010, Council adopted an ordinance establishing a Streamlined Development Review Procedure for the Ned's Way Project and exempting it from certain Town regulations. On February 16, 2011, Council held a public hearing, reviewed the draft environmental negative declaration and project merits, and adopted a resolution adopting the mitigated negative declaration, approving the site plan and architectural drawings for the project, and adopting a Mitigation Monitoring Program. On March 9, 2011, Council authorized staff to proceed to fine-tune and bid the project. DISCUSSION The project was advertised beginning May 2, 2011 and bid opening was held on May 26, 2011. Advertising consisted of notices sent to seven builder's exchanges throughout the Bay Area, publishing in the Marin Independent Journal, and direct notices to known contractors in Marin and Sonoma counties. A mandatory pre-bid meeting was held on May 9th to address project specifics and answer questions from prospective bidders. On bid opening day, only one bid was received with a bid of $2.22 million dollars ($1,450,000 for the modular building and $774,000 for the site work). The Town's estimate was $1.36 million ($656,000 for the building and $710,000 for the site work). See Exhibit A. After review of the bid and extensive discussion with some of the contractors that purchased our bid documents but did not bid, staff believes that the modular building specifications should be revised to promote greater bidder participation. In these discussions, staff learned that three modular building sub-contractors provided bids to the various potential general contractors (i.e. prime contractor). While the subs provided bids that, for the most part, complied with our required building specifications, variances still existed. These apparent gaps in specification compliance created uncertainty among the subs and the primes as to whom would be contractually responsible to bridge the gaps which could have resulted in significant additional cost and liability for the primes. Finally, some of the primes indicated that more uncertainty and pre-bid cost resulted from the fact that they had to develop their own working drawings as part of their submittal. Ultimately, the primes chose to avoid these risks in bidding. The lesson learned is that modular vendors will typically build to their own specifications, and not our own, which were very specific. The challenge now is to develop specifications for the modular building that are generic enough that most modular vendors can meet them while still meeting our program needs. In order to do this, staff proposes to engage the assistance of qualified modular vendor who would strictly consult with us (that is, not bid on the project themselves) to develop generic specifications with which most of the modular building industry could comply. Once complete, staff will re-bid the project. Of course, this setback delays the ability to build the project on its previous time-line, which had projected completion by the end of this calendar year. To bridge the gap this creates for housing Joint Recreation programs, BTJR Director Cathleen Andreucci indicates she has secured their current location at the Reed School for one more year. She and Town Staff are grateful to the Reed School Superintendent Steve Herzog for his willingness to solve this short-term problem. NEXT STEPS The following steps are needed in order to revise the specifications and re-bid the project: • Research and contract with modular vendor consultant - Early July, 2011 • Revise specifications - Early Aug. • Re-advertise - Late Aug. • New bid opening - Late Sept. • Award project - Mid Oct. • Start construction - March, 2012 • End construction - Aug. RECOMMENDATION Staff recommends the Town Council: 1. Reject all construction bids received for the 600 Ned's Way Facility project; 2. Authorize staff to engage modular building system consultant to revise construction specifications; and 3. Authorize staff to re-bid the project when ready. EXHIBITS A. Bid summary Prepared by: Nick Nguyen, Director of Public Works/Town Engineer i. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: Mayor and Members of the Town Council From: Office of the Town Clerk Town Council Meeting June 15, 2011 Agenda Item: , Subject: Appointments to Town Boards, Commissions and Committees Reviewed By: BACKGROUND There are three vacancies (one current and two pending vacancies) on Town boards or commissions: 1. Tiburon Planning Commission (one seat) - Commissioner Cathy Frymier moved out of town in May; 2. Marin Commission on Aging (Town representative to the Board) - term of incumbent Allan Bortel expires in June; 3. Belvedere-Tiburon Library Agency Board (Town member) - term of incumbent Maly Falk expires in June and she is not eligible for another term, pursuant to agency by-laws. The Town Clerk has published notices of the vacancies in the Ark, as well as posting them at Town Hall and the library in May and June, pursuant to Town policy. The Town Council has conducted interviews of the following applicants at its May 18 and June 7, 2011 meetings: • Camille Bosworth, Planning Commission - May 18 • Ric Postle, Library Board - May 18 • Barbara Selby, Commission on Aging - June 7 • Paul Kochis, Marin Commission on Aging, or Library Board - June 7 Other applicants are: • Allan Bortel, incumbent, Marin Commission on Aging (appointed in 2002) • Lou Weller, Design Review Board member (appointed in 2010), who has submitted an application for Planning Commission; • Scott Hoppe, Planning Commission, resides outside of the Town limits and is therefore not qualified to serve. ANALYSIS The Town Council must interview all new applicants for a position when there is a current or pending vacancy, pursuant to Town policy (Resolution No. 16-2007 - Town Appointments Procedure). The Council is not required to interview incumbents of a current board or commission for a current or pending vacancy, nor is it required to interview members of other boards or commissions who are under consideration for an appointment to a different board or commission. Of course, the Council has the option to schedule interviews if it so chooses. RECOMMENDATION Staff recommends that the Town Council: Consider making appointments to fill the vacancies on the agencies whose terms end on June 30, 2011-- the Marin Commission on Aging and the Belvedere-Tiburon Library Agency Board of Directors; and 2. Consider an appointment to fill the Planning Commission vacancy; or 3. Direct staff to schedule additional interviews and continue to advertise for the vacancies, until all the positions are filled. Exhibits: Applications Prepared By: Diane Crane Iacopi, Town Clerk TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Administrative Services Department Town Council Meeting June 15, 2011 Agenda Item: Recommendation to Approve a Resolution Continuing the Cypress Hollow Lighting & Landscaping District Assessment for FY 2012 In 1998, the residents of Cypress Hollow petitioned and received approval from the Local Agency Formation Commission for annexation into the Tiburon Town Limits. The area was previously in unincorporated Marin County. The County of Marin had maintained and operated a Landscaping and Lighting District in Cypress Hollow for the purpose of park and storm drainage maintenance since the park was created in 1990. Since annexation, the Town of Tiburon has continued the operation and maintenance activities of the Cypress Hollow Landscaping and Lighting District and assessed the residents the cost thereof. ANALYSIS The California Streets and Highway Code require the Town to publicly notice the affected residents annually in order to continue the Landscaping and Lighting Assessment District. The Town must provide the residents an opportunity to submit either written or oral protests. On May 51) 2011 the residents of Cypress Hollow were sent via U.S. mail service a notice of this evening's public hearing. As of the writing of this report the Town has not received any inquiries on the proposed assessment. There is no change in the amount of the assessment since incorporation, which is $378 per year. The total annual assessment levy is $16,632. The adopted FY 2011-12 Municipal Budget appropriates $15,450 in assessment funds towards on-going maintenance and renovations at the Cypress Hollow Park. FINANCIAL IMPACT The levy of the annual lighting and landscaping assessment provides a funding source for the cost of Town maintenance of the park and any required improvements. RECOMMENDATION Staff recommends that the Town Council: 1. Conduct a public hearing to hear any protests on the intent to levy the annual assessment, and 2. Move to adopt the resolution continuing the Cypress Hollow Lighting and Landscaping District for FY 2011-12 Exhibits: Draft Resolution continuing the maintenance and operation of the Landscape and Lighting District in the Cypress Hollow Subdivision for Fiscal Year 2011-12 Prepared By: Heidi Bigall, Director of Administrative Services RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON CONTINUING MAINTENANCE AND OPERATION OF THE LANDSCAPE AND LIGHTING DISTRICT IN THE CYPRESS HOLLOW SUBDIVISION WHEREAS, the County of Marin has maintained and operated a Landscape and Lighting District in Cypress Hollow, and received assessments from the parcels therein for the purpose of operating and maintaining the following areas: (1) landscaping and irrigation of the sewer sanitary easement on the east boundary, (2) entry landscaping and irrigation of the 30' storm drainage easement in the southwest boundary area, and (3) ownership and maintenance of the park site, all as part of the Cypress Hollow Development; and WHEREAS, in December 1998 the Town of Tiburon annexed the Cypress Hollow Area, and in April 1999 accepted the Grant Deed from the County of Marin for the Cypress Hollow Public Park; and WHEREAS, the Town of Tiburon, having completed annexation of the parcels in the Cypress Hollow District, herein states its intention to continue the operation and maintenance activities of the Cypress Hollow Landscape and Lighting District heretofore the responsibility of the County of Marin. NOW THEREFORE IT IS RESOLVED, as follows: Section 1. The special assessment levy for the District is established as follows, for continued operation and maintenance District: 0' )4.012.5 6220 Rancho Dr. $378.00 034.394.01 10 Monterey Dr. $378.00 034.012.57110 Monterey Dr. $378.00 034.394.02 20 Monterey Dr. $378.00 034.392.0210 Cypress Hollow. $378.00 034.394.03 30 Monterey Dr. $378.00 034.392.0320 Cypress Hollow $378.00 034.394.04 40 Monterey Dr. $378.00 034.392.0430 Cypress Hollow $378.00 034.394.05 50 Monterey Dr. $378.00 034.392.0540 Cypress Hollow $378.00 034.394.06 60 Monterey Dr. $378.00 034.392.0650 Cypress Hollow $378.00 034.394.07 70 Monterey Dr. $378.00 034.392.0760 Cypress Hollow $378.00 034.394.08 80 Monterey Dr. $378.00 034.392.0870 Cypress Hollow $378.00 034.394.09 90 Monterey Dr. $378.00 034.392.0980 Cypress Hollow $378.00 034.394.10 100 Monterey Dr. $378.00 034.392.10145 Rancho Dr. $378.00 034.394.11 60 Baccharis Pl. $378.00 034.393.01110 Rancho Dr. $378.00 034.394.12 50 Baccharis Pl. $378.00 034.393.02120 Rancho Dr. $378.00 034.394.13 40 Baccharis Pl. $378.00 034.393.03130 Rancho Dr. $378.00 034.394.14 30 Baccharis Pl. $378.00 034.393.04140 Rancho Dr. $378.00 034.394.15 20 Baccharis Pl. $378.00 034.393.05150 Rancho Dr. $378.00 034.394.16 10 Baccharis Pl. $378.00 034.393.06160 Rancho Dr. $378.00 034.394.18 185 Rancho Dr. $378.00 034.393.07170 Rancho Dr. $378.00 034.395.01 35 Monterey Dr. $378.00 034.393.08180 Rancho Dr. $378.00 034.395.02 45 Monterey Dr. $378.00 034.393.09190 Rancho Dr. $378.00 034.395.03 55 Monterey Dr. $378.00 034.393.10200 Rancho Dr. $378.00 034.395.04 65 Monterey Dr. $378.00 034.393.11210 Rancho Dr. $378.00 034.395.05 75 Monterey Dr. $378.00 Total assessment charge to the parcels of the District: $ 16,632.00. Section 2. The estimated District budget for Fiscal Year 2011-2012 provides for continuing operating functions, and reserves funds for capital maintenance: Amount Contractual Services $1200 Materials & Supplies 3,450 Total Estimated Budget: $15,450 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon, on the day of June, 2011, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: BY: JEFF SLAVITZ, MAYOR ATTEST: DIANE CRANE IACOPI TOWN CLERK 2 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Office of the Town Attorney Office of the Director of Administrative Services Town Council Meeting June 15, 2011 Agenda Item: Recommendation to Adopt a Resolution Approving a Franchise Agreement with Will Valley Refuse Service The Town entered into its current solid waste franchise agreement with Mill Valley Refuse Service ("MVRS") in 1995. That agreement will expire on December 31, 2012. The Town has enjoyed a long and mutually beneficial relationship with MVRS, with the latter providing competitive rates and willingness to adapt to the Town's evolving needs and resident preferences. Accordingly, the Town Manager granted MVRS's request to negotiate a new franchise agreement to address the Town's solid waste disposal needs going forward. Initial negotiations produced a preliminary draft. Staff then requested the Town Council to appoint a subcommittee to provide direction in finalizing the agreement. The Council appointed Dick Collins and Emmett O'Donnell, who have spent many hours working with staff, outside counsel and representatives of MVRS to produce the Agreement that we now bring before the Council. ANALYSIS The proposed Agreement is significantly longer and more complex than the prior one, reflecting the dramatic changes in solid waste in recent years. Many of the new provisions merely document existing practice, but many sections involve new services and rates. The Agreement does not include the actual rates for solid waste services, which are adopted separately by Council resolution as costs rates fluctuate- from year to year. However, the Agreement sets forth the factors that will govern rates and the process for obtaining future rate increases. As is currently the case, the largest component of the fees will be the costs of the varying services. The Agreement designates the cost of each service as either "pass-through," "allowable" and "non-allowable." The Agreement allows MVRS's rates to recover the cost of both pass-through costs and allowable costs, but MVRS can only add a profit percentage on allowable costs. MVRS may not pass on non-allowable costs to rate-payers. TOWN OF TIBURON PAGE 1 OF 4 qq l The Agreement provides that, for the first time, MVRS will pay franchise fees on debris boxes. In addition, MVRS agrees to provide a number of services to the Town at no cost (Section 5.B(5). Many of these services have been provided by MVRS for many years, but have never been documented in the franchise agreement. New to the relationship between MVRS and the Town are items e and f below: a) Street sweeping - estimated annual saving: $38,852 (pass-through). b) Collection of Town debris boxes - estimated annual saving: $32,841 (pass-through). c) Storm drain cleaning - estimated annual savings: $22,140 (non-allowable for the first 15 hours; allowable cost thereafter). d) Collection of plant and vegetation removed from the Marsh - estimated saving: $12,339 every two years (pass-through). e) Collection, removal and disposal of all solid waste from Town properties and functions - estimated annual savings: $3,975 (non-allowable). f) Portable toilets at Town functions - estimated annual saving: $3000 (non-allowable for the first $10,000; pass-through thereafter). g) Pick-up of illegally dumped materials. $5000 (non-allowable for the first $5,000; pass- through thereafter). Estimated cost savings are based on historical costs. Note that in the absence of the Agreement, the Town would have to pay for these services out of its General Fund. The most significant other provisions of the Agreement are described below. A. Solid Waste Services and Obligations The proposed Agreement set forth more specific details regarding solid waste collection and disposal than the 1995 agreement. However, these provisions generally reflect the existing practices within the Town. 1. Exclusive Franchise: The Agreement grants MVRS an exclusive franchise to collect, transport and dispose of solid waste within the Town, with limited exceptions. The exceptions are listed in Section I.C. 2. Collection and Disposal: MVRS is required to provide collection services for all categories of solid waste, including recyclables, green waste and refuse, transporting all collected materials to an appropriate disposal facility (Section 5). 3. On-Call Collection: Up to twice per year, upon advance request of residential customers, MVRS will collect three (3) cubic yards of bulky goods, as defined in the agreement (Section 5.B(2)). 4. Christmas Tree Pick-Up: MVRS will collect and dispose of used trees on a designated day after New Year's Day (Section 5.B(3)). 5. Household Hazardous waste: MRVS will collect hazardous waste from individual residences, upon advance request (Section 5.B(7)). 6. Hours of Collection: MVRS will conduct its collection activities between 6 a.m. and 5 p.m. Monday through Friday and between 7 a.m. and 5 p.m. on Saturday in residential and commercial neighborhoods and between 7 a.m. and 5 p.m. in commercial areas. For residential areas, this represents a shift of one hour from the current starting time of 5:00 a.m. Collectors may begin staging their equipment 30 minutes prior to the allowable start time, in the Blackie's Pasture parking lot or other area equally distance from residences (Section 5.C(1)). 7. Future Services: MVRS agrees that if it provides a new service (i.e., a service not covered by the Agreement) to another public agency, MVRS will offer that service to the Town in the same cost category (pass-through, allowable or non-allowable) as it is for the other public agency (Section 22). 8. Public Access to MVRS: MVRS agrees to maintain an open office and a toll-free telephone number, with representatives available to the public approximately 7:00 a.m. to 3:00 Monday through Friday, excluding holidays. MVRS also agrees to maintain an after-hours telephone number for use during off hours, with a representative, answering service or recorded message (Section 25.A). B. Financial Provisions 1. Franchise Fee: Under the new Agreement, MVRS will pay the Town a franchise fee equal to fifteen and one-half percent (15.5%) of gross receipts from its operations in the Town, excluding such items as income from recyclables, portable toilets and storage containers (Section 13.A). The current franchise fee is ten percent (10%). The increased fee is offset by the deletion of the currently required road impact fee, accounting for approximately 3.5% of the increase and cost-neutral to ratepayers. The actual net increase is approximately 2.0%. 2. Other Fees: The Town will charge MVRS for its costs in preparing and adopting the Source Reduction and Recycling and Household Hazardous Wastes Elements ("SRRE" and "HHWE," respectively) as required by state law and may impose fees for other costs incurred in connection with solid waste collection and disposal. These fees will be pass-through costs, except that a $500 per month administrative fee shall be a non-allowable cost (Section 13.1)). 3. Rate Amounts: The rates shall be set at a level that provides MRVS with a fair rate of return, as defined in the Agreement. The Agreement provides for some flexibility in defining the meaning of "fair rate of return." However, the Agreement stipulates 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 or that are established through the automatic process described below shall be deemed reasonable and as providing MVRS a fair return in accordance with the Agreement (Section 16). 4. Rate Adjustments, Applications: If MVRS believes that the current base rates do not provide a fair rate of return, MVRS may apply for a base rate change on or before April 1St of any year. The application must include audited financial statements and other specified information to demonstrate that a rate adjustment is appropriate under the agreement (Section 16.E(1)). E i.3 5. Rate Adjustments, Automatic: The Agreement describes several circumstances that would allow automatic rate increases without Council approval: a. During the two years following a base rate application process as described in paragraph 4, MVRS may request an automatic adjustment to reflect an increase or decrease in the consumer price increase of up to 3% (Section 16.E(2)). b. MVRS may increase base rates to reflect a change in franchise or other Town fees (Section 16.E (3)). c. MVRS may request an increase to reflect new or modified services as directed by the Town (Section 16.E (4)). 6. Rate Adjustment Process: All rate adjustments must be approved by Council resolution after a noticed public hearing (Section 16.M). FINANCIAL IMPACT The increased franchise fee combined with the elimination of the refuse vehicle impact fee will result in a net increase Town revenues estimated to be $105,247 ($85,247 from refuse collection and $20,000 from debris box services). The increased services to the Town will save an estimated $16,169 in general fund monies. RECOMMENDATION Staff recommends that the Town Council: 1. Conduct a public hearing; 2. Move to approve a Resolution approving the proposed franchise agreement with Mill Valley Refuse Services and authorizing the Mayor to execute the agreement on behalf on the Town. Exhibits Prepared By: 1. Draft Franchise Agreement with Mill Valley Refuse Services 2. Draft Resolution Ann R. Danforth, Town Attorney ,i / TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Department of Administrative Services Town Council Meeting June 15, 2011 Agenda Item: (A) Recommendation to Adopt Resolution Approving Mill Valley Refuse Service CollWion Rate Increase The Town of Tiburon and Mill Valley Refuse Service (MVRS) have had a franchise agreement for refuse collection services dating back to 1965. The current Solid Waste Management Agreement between the Town and MVRS was effective December 1995. This Agreement is scheduled to terminate on December 31, 2012. The Town has been negotiating a new franchise agreement with MVRS over the past two years, which is the subject of another public hearing this evening. Under the current and proposed franchise agreement, MVRS provides residential garbage, recycling and green (including compostable) waste service as well as commercial garbage and recycling collection. In addition, MVRS also provides monthly street sweeping, downtown public garbage and recycling collections, limited storm drain hydro-cleaning, and debris box service for the Town's Public Works Department. MVRS has and continues to be very responsive in meeting the needs of the residents of the Town. Whenever an occasional problem arises regarding a particular pickup, collection timing, a specific route, without exception the company responds and corrects the problem immediately. In addition, MVRS is involved in the community and provides refuse bins, recycling containers, and portable restrooms for special events. The rates charged by MVRS for its residential and commercial refuse collection services are approved by the Town Council. Under the new agreement, MVRS can make a base rate change application once every three years. In the subsequent two years after the base rate change application MVRS may request a rate increase based on the CIP, but no more than 3%. MVRS is required to submit any and all data justifying any rate adjustment as required by the town. MVRS timely submitted the attached (Exhibit 1) rate application by April 1 st. Last year the Town Council approved a 9.75% rate increase, which included the service enhancement of weekly green-waste collection to allow residents to place compostable materials in their yard waste receptacles. The new proposed rates are outlined on Exhibit 3. TOWN OF TIBURON PAGE 1 OF 3 ANALYSIS The Town has received a Collection Rate Application for a rate increase of 13.61 % effective July 1, 2011. This rate change application is based on the Franchise Agreement that was in effect April 1, 2011. Based on the proposed new Franchise Agreement, the total requested rate increase is 15.88%. This addition of approximately 2% reflects the increase in the Town's franchise fee contained in the new Franchise Agreement. The base rate increase (13.6%) is primarily due to the following factors: ■ Lost revenue due to the "migration" to smaller garbage cans as more use is made of the recycling and green waste cans ■ A 12% increase in Workers Compensation Insurance Premiums ■ Increasing fuel costs ■ Increased dump fees at Redwood Landfill This phenomenon of double digit rate increases is not exclusive to the Town of Tiburon or MVRS. As covered in the Marin Independent Journal or Press Democrat, other agencies and refuse service providers in the region are experiencing similar, or larger, rate increase requests. MVRS also provides solid waste collection services to Belvedere, Mill Valley, Corte Madera and unincorporated districts of Alto, Homestead, Strawberry and Almonte. The Collection Rate Application includes the rate increases for all MVRS service areas. The attached Rate Comparison (Exhibit 3) lists the rates for these areas as well as other Marin cities not serviced by MVRS. The rate chart compares the monthly rate for one 32 gallon can. Management from the Marin agencies listed above which are served by MVRS met in early May with representatives of MVRS. A range of issues was discussed, including operational cost control efforts, economic impact, service rate calculation methodology alternatives and shifts in customer use patterns. It was collectively agreed that the proposed rate increase was supported and reasonable. It was also agreed that MVRS would undertake a comprehensive review of the rate methodology and come back later in the year with a presentation of consumption-oriented rate alternatives. As a result of that meeting, MVRS sent a special edition of its newsletter "Let's Talk Trash" (Exhibit 4) to all customers outlining the reasons for the substantial rate increase being requested. Representative of MVRS will be attending the Council meeting to further explain the requested rate increase and answer any questions the Council or public might have. FINANCIAL IMPACT Customers: For households with a typical 32 gallon garbage can, the requested collection rate would result in a monthly cost of $35.07 for "Flat Area" service, an increase of $4.81. For the same service in the "Hill Area" the monthly cost would be $40.93, an increase of $5.72. The average rate increase approved for MVRS over the past five years has been 3.8%. (If the Town Council does not approve the new contract, these service costs would be $34.38 and $40.93, respectively.) Town: The Town receives franchise fees for basic collection services. If the Town Council has approved the new Franchise Agreement with a 15.5% Franchise Fee (of which only 2% is new with the new agreement), total revenues paid to the Town by MVRS will increase by approximately $85,247. In addition, the Town will receive an additional $20,000 in Franchise Fees from MVRS' debris box services, which has never been subject to the Franchise Agreement.. RECOMMENDATION Staff recommends that the Town Council: 1. Conduct a public hearing on the proposed MVRS rate increase application 2. Adopt the attached Resolution authorizing an adjustment in regular rates of 15.88% Exhibits: 1. MVRS 2011 Collection Rate Application, including cover letter 2. Proposed MVRS 2011 Rate Sheets and Misc. Terms and Conditions 3. Solid Waste Rate Comparison 4. May 2011 edition of MVRS Let's Talk Trash 5. Resolution Approving MVRS 2011 Rate Increase Application Prepared By: Heidi Bigall, Director of Administrative Services /c~~~L fly TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Department of Administrative Services Town Council Meeting June 15, 2011 Agenda Item: Recommendation to Adopt Resolution Approving Mill Valley Refuse Service CollWion Rate Increase The Town of Tiburon and Mill Valley Refuse Service (MVRS) have had a franchise agreement for refuse collection services dating back to 1965. The current Solid Waste Management Agreement between the Town and MVRS was effective December 1995. This Agreement is scheduled to terminate on December 31, 2012. The Town has been negotiating a new franchise agreement with MVRS over the past two years, which is the subject of another public hearing this evening. Under the current and proposed franchise agreement, MVRS provides residential garbage, recycling and green (including compostable) waste service as well as commercial garbage and recycling collection. In addition, MVRS also provides monthly street sweeping, downtown public garbage and recycling collections, limited storm drain hydro-cleaning, and debris box service for the Town's Public Works Department. MVRS has and continues to be very responsive in meeting the needs of the residents of the Town. Whenever an occasional problem arises regarding a particular pickup, collection timing, a specific route, without exception the company responds and corrects the problem immediately. In addition, MVRS is involved in the community and provides refuse bins, recycling containers, and portable restrooms for special events. The rates charged by MVRS for its residential and commercial refuse collection services are approved by the Town Council. Under the new agreement, MVRS can make a base rate change application once every three years. In the subsequent two years after the base rate change application MVRS may request a rate increase based on the CIP, but no more than 3%. MVRS is required to submit any and all data justifying any rate adjustment as required by the town. MVRS timely submitted the attached (Exhibit 1) rate application by April 1 st. Last year the Town Council approved a 9.75% rate increase, which included the service enhancement of weekly green-waste collection to allow residents to place compostable materials in their yard waste receptacles. The new proposed rates are outlined on Exhibit 3. TOWN OF TIBURON PAGE 1 OF 3 .Z \ C l2k '11 ANALYSIS The Town has received a Collection Rate Application for a rate increase of 13.61 % effective July 1, 2011. This rate change application is based on the Franchise Agreement that was in effect April 1, 2011. Based on the proposed new Franchise Agreement, the total requested rate increase is 15.88%. This addition of approximately 2% reflects the increase in the Town's franchise fee contained in the new Franchise Agreement. The base rate increase (13.6%) is primarily due to the following factors: ■ Lost revenue due to the "migration" to smaller garbage cans as more use is made of the recycling and green waste cans ■ A 12% increase in Workers Compensation Insurance Premiums ■ Increasing fuel costs ■ Increased dump fees at Redwood Landfill This phenomenon of double digit rate increases is not exclusive to the Town of Tiburon or MVRS. As covered in the Marin Independent Journal or Press Democrat, other agencies and refuse service providers in the region are experiencing similar, or larger, rate increase requests. MVRS also provides solid waste collection services to Belvedere, Mill Valley, Corte Madera and unincorporated districts of Alto, Homestead, Strawberry and Almonte. The Collection Rate Application includes the rate increases for all MVRS service areas. The attached Rate Comparison (Exhibit 3) lists the rates for these areas as well as other Marin cities not serviced by MVRS. The rate chart compares the monthly rate for one 32 gallon can. Management from the Marin agencies listed above which are served by MVRS met in early May with representatives of MVRS. A range of issues was discussed, including operational cost control efforts, economic impact, service rate calculation methodology alternatives and shifts in customer use patterns. It was collectively agreed that the proposed rate increase was supported and reasonable. It was also agreed that MVRS would undertake a comprehensive review of the rate methodology and come back later in the year with a presentation of consumption-oriented rate alternatives. As a result of that meeting, MVRS sent a special edition of its newsletter "Let's Talk Trash" (Exhibit 4) to all customers outlining the reasons for the substantial rate increase being requested. Representative of MVRS will be attending the Council meeting to further explain the requested rate increase and answer any questions the Council or public might have. FINANCIAL IMPACT Customers: For households with a typical 32 gallon garbage can, the requested collection rate would result in a monthly cost of $35.07 for "Flat Area" service, an increase of $4.81. For the same service in the "Hill Area" the monthly cost would be $40.93, an increase of $5.72. The average rate increase approved for MVRS over the past five years has been 3.8%. (If the Town Council does not approve the new contract, these service costs would be $34.38 and $40.93, respectively.) }fit i ~f~ ..~.•(}>t z2(?'~ ~ E ~ T.. Town: The Town receives franchise fees for basic collection services. If the Town Council has approved the new Franchise Agreement with a 15.5% Franchise Fee (of which only 2% is new with the new agreement), total revenues paid to the Town by MVRS will increase by approximately $85,247. In addition, the Town will receive an additional $20,000 in Franchise Fees from MVRS' debris box services, which has never been subject to the Franchise Agreement.. RECOMMENDATION Staff recommends that the Town Council: 1. Conduct a public hearing on the proposed MVRS rate increase application 2. Adopt the attached Resolution authorizing an adjustment in regular rates of 15.88% Exhibits: 1. MVRS 2011 Collection Rate Application, including cover letter 2. Proposed MVRS 2011 Rate Sheets and Misc. Terms and Conditions 3. Solid Waste Rate Comparison 4. May 2011 edition of MVRS Let's Talk Trash 5. Resolution Approving MVRS 2011 Rate Increase Application Prepared By: Heidi Bigall, Director of Administrative Services -ILL YAL:LOft~ .REFUSE spot 4E *!0 ~y 112 Front Street San Rafael, CA 94901 415-457-9760 Fax 415-457-3003 RECEIVED APP -4 N11 TOWN MANAGERS OFFICE TOWN OF TIBURON Peggy Curran, Town Manager April 1, 2011 Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 SUBJECT: 2011 RATE APPLICATION Enclosed is Mill Valley Refuse Service's Rate Application for the 2011/2012 rate year. Due to economic conditions largely out of our control, which are explained in detail in this letter, we require a rate increase of 13.61 % in Tiburon. Before detailing the reasons for this year's rate application, I'd like to report on the initial success of the new food waste composting service. Since August of 2010, when MVRS began weekly collections of food waste with yard waste, we have seen evidence of growing participation in the program among our customers. The attached page shows our most up-to-date figures for trash, compost and recycling tons collected from August 1, 2010, when the new program began, through March 25, 2011. Comparing figures from the same time period last year, we see a reduction of 552 tons of trash collected, and an increase of 1,377 tons of compost (yard and food waste) collected. (At the same time, recycling tons collected also increased by 418 tons.) This is a great start, and we expect the numbers to rise as awareness and participation in the service grows. Another sign that the food composting service is working for our customers is the increase in the numbers of people reducing the size of their trashcans. This has been a steady trend for years now thanks to recycling, and it accelerated last year with the introduction of food composting. Unfortunately, there is a downside to this "migration" from larger to smaller cans, which is explained in the Marin Voice editorial I wrote for the Independent Journal and included in this packet. Also included is a breakdown by area of the actual migration numbers since food composting began, and the revenue lost to this migration. • A revenue shortfall of nearly $120,000 due to migration is one factor in our request for a rate increase this year. Others include: -EXHIBIT • A 12% increase in Workers' Compensation costs. We have countered such increases over the years with an aggressive safety program that has seen our Experience Modification number drop from 148 in 2003 to 77 this year. Despite this, we still face an increase of about $170,000 this year. Fuel prices are skyrocketing (once again). We use 185,000 gallons of fuel per year, and paid an average of $3.15/gallon last year. To ensure stable prices, we usually are able to contract a set price with our distributor, Royal Petroleum, for a six-month period. As of this writing, however, the distributor will not offer any long-term contracts due to unrest in the Middle East and the instability of oil prices. Diesel currently costs $4.45/gallon and is projected to go even higher this summer. We anticipate a staggering increase in fuel costs of a little more than $240,000 this year. Dump expenses rising too. We've just signed a new contract with the Redwood Landfill which increases the per ton cost of dumping trash by 13%. However, the cost of dumping compost material doubled because it costs much more to compost food waste than it does to simply chip up straight yard waste and use it for erosion control. This was completely anticipated. (In fact, last year we were able to convince Redwood to delay this increase until now to mitigate the cost of starting the food waste compost service.) Now, however, we must begin paying the full cost of composting and that, combined with the added cost of dumping trash, is expected to increase our dump expense by $403,000 this year. • Business closures have a ripple effect on everyone's rates. Rates are lowest when fixed costs are spread over a large pool of customers. Rates rise as the customer pool shrinks. But it's important to note that not all individuals in the pool are equal. Rates aren't affected when one resident stops service, but the loss of a single commercial account, if it's big enough, can certainly impact rates. Not all of our service areas have a large pool of business customers, but among those that do, some were hit harder than others. Corte Madera saw the loss of Rite Aid and the Upland Apartments, which together amounted to about $50,000 in annual revenue. (Win-Cup, which represents annual revenues of $25,000, announced it will close this year.) In Tiburon, two major supermarkets are now closed, and some restaurants have reduced service. We Have Reduced Costs When It Was In Our Control To Do So You will note that all of the above are factors over which we have little or no control. At this point, it is reasonable to ask what MVRS is doing to hold down costs in areas we do control. The big-ticket items here are labor and truck costs. We have postponed the purchase of one new packer truck this year. Also, we are continually reviewing the efficiencies of our routes to keep these costs down. Our new contract with the Redwood Landfill includes dumping our recycling in Novato, rather than making the much longer drive up to Santa Rosa, which we were doing daily until this year. This new arrangement enabled us to cut two recycling routes. Three more positions (one office position and two drivers) were eliminated due to retirements and cutbacks. Furthermore, old labor contracts have expired, and we have negotiated very limited wage increases for some workers and no increases for others. All of the above have enabled us to reduce our wage expenses in 2011/12 by S321,000. Importantly, we know there is more to be achieved through a major route reorganization proposal on which we are currently working. The focus is to maximize savings in both labor and truck costs by switching from backyard to curbside trash service. We expect to present this proposal sometime in the late summer. To assist us, we have engaged the services of a company that uses computer models to evaluate and reorganize routes for maximum efficiency. You can check them out at www.fleetroute.com. We used this same company a decade ago, and reduced our trash workforce by 20% at that time. We know such a sweeping proposal to change our trash services will require a great deal of communication with our franchisors-through both private meetings and public workshops-so that we can hear feedback and debate the pros and cons with all affected parties. The goal will be to stabilize future rates by combining this effort with an examination of how rates are affected by the migration problem (see Marin Voice article). We anticipate the route reorganization and rate proposals will be positive moves in the right direction. As for now, thank you for your attention to this rate application. We are, of course, at your disposal when you are ready to discuss it. Sincerely Yours, tames Iavarone TIBURON Fate increase 15.88% Fla# dtea 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 Galion $ 11+6.03 $ 4.36 $ 120.39 $ 361.17 _ 4-32 Gallon 45.14 $ 4.36 $ . _ 49.50 $ 148.50 1-45 Gallon Hill Area Base Recycling Monthly Quarterly Rate Rate Rate Rate # of Gans /1 Pick Up $ 32.45 $ 4.36 $ 36.81 $ 110.43 1-20 Gallon $ 37.39 $ . 4.36 $ 41.75 $ 1`25.25 . 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 $ 116.403 4.36 $ : 1.20.39 $ 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 .17 00 $ 4.36 $ 121.36 $ 364.08 . _ . 2-32 Gallon 173.66 $ 4.36 $ 178.02 $ . 534.06 3-32 Gallon 230.29 $ 43 $ 234:65 70195 4.32 Gallon APARTMENT RATES per unit) Hitarita,Apartments Base Recycling Monthly Quarterly Rate* Rate Rate Rate # of Cans /1 Pick Up $ 27.17 $ 4.36 $ 31.53 n/a 1-32 Galion - Flat Area _ $ 33.72 $ 4.36 $ 38.08 n/a 1-32 Gallon - Hill Area l1, Other Ap r meat L Base Recycling Monthly Quarterly Rate* Rate Rate Rate # of Cans /1 Pick Up 28.81 $ 4.36 $ 33.17 nia 1-32 Gallon - Flat Area $ 35.45 $ 4.36 $ 39.81 n/a 1-32 Gallon - Hill Area EXHIBIT t~ T I B U RO N Rate Increase 15.88'10 COMMERCIAL RATES I Yard Container 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 $ 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 . . $ 76160 $ _ 101.82 $ 865.42 $ . . 22.66 . 6 Pick Ups $32.46 per yard extra trash charge Yard;Con'ta n r Base Rate Recycling Rate Monthly Rate Container Rental # of Pick Ups $ 254.51 $ 3194 $ 288.45 $ 45.30 1 Pick Up $ 509:03 $ 67.88 . $ . 576.91 . . . . . . . $ 45.30 2 Pick Ups . $ 763.60 $ 101.82 $ . . . 865.42 $ _ 45,30 _ _ . 3 Pick Ups 1,018.01 $ 135.78 . $ _ 1-1 1,153.79 $ . 45.30 4 Pick Ups 1,272.65 $ 169.72 $ 1,442.37 $ 45:30 5 Pick Ups 1.... 1,527.6 . $ 203.67 $ 1,730.83 $ 45.30._.1 _6 Pick Ups $32.46 per yard extra trash charge om"m r-641 TeaSh Ca Base Recycling Monthly Container gate Rate Rate 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 Compactor Rate (per you d) 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. 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This is a much higher increase than we expected to need when we began preparing the application, and we understand that you, our customers, deserve a thorough explanation as to why such an increase is needed in these economic times. During this year, MVRS made significant cuts in its labor force, eliminating five positions to reduce our wage expenses by $321,000. We postponed a new truck purchase, and reviewed operations in our office and maintenance shop, tightening our belts wherever possible. Despite such cost-cutting measures, it is hugely frustrating to report that these efforts were undermined by four major factors that were beyond our ability to control: • A 12% increase in Workers Compensation costs will add $170,000 to our bill, despite an aggressive safety program that has helped us decrease our Experience Modification number (a measure of our rate of injuries that affects the cost of this insurance) from 148 in 2003 to 77 today. • A 42% increase in diesel fuel prices. Diesel fuel currently costs us $4.61 /gallon, a huge increase over last year. We use about 185,000 gallons of fuel annually, and the spike in prices will increase our fuel bill by $240,000 this year. 0 A 37% increase in tipping fees at the Redwood Landfill. The cost of dumping trash rose 13%, but the real rise came in the yard/food waste tipping fee, which doubled. We knew this increase was coming because the landfill converted its operations from just chipping yard waste to composting yard and food waste. Redwood last year agreed to our request to step up their compost-tipping fee over a two-year period, and this is the second year of that rate hike. (Our new contract with Redwood allows only CPI increases for the next five years.) Dump costs this year will increase by an estimated $403,000. • Lastly, "migration" (when customers switch from larger to smaller cans) created a $120,000 revenue shortfall. A complete explanation of the migration problem appeared in the Marin IndependentJournal recently, and a link to that article can be found on our website, www.millvalleyrefuse.com. Your town councils and sanitary district boards will be voting on our rate application in the coming weeks. Itis important for you to understand that these officials do not just take our word for the reported operating costs on which we base our rates. We are contractually obligated to open our books to city staffers and, in some years, to outside consultants hired by the cities, so they can verify our numbers and report their findings. When it is time to vote, you can be assured that your elected officials are making an informed decision based on the validity of the reported numbers in our application. Any newly approved rates will go into affect July 1. EXHIBIT y Resolution No. 2011-XXXX A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ESTABLISHING RATES FOR SOLID WASTE COLLECTION AND DISPOSAL EFFECTIVE JULY 1, 2011 WHEREAS, pursuant to the franchise agreement entered into between the Town of Tiburon and Mill Valley Refuse Service (MVRS) on December 6, 1995, an application has been presented to the Town for an adjustment in the rates charged by MVRS for the collection and disposal of solid waste. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon that, following the review of the rate application, the Town Council of the Town o Tiburon finds that an adjustment of 13.61 % in the residential and commercial base rates is warranted for the Fiscal Year 2011-12 as shown on Exhibit "A". PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on , by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JEFF SLAVITZ, MAYOR ATTEST: DIANE CRANE-IACOPI, TOWN CLERK i EXHIBIT J LJ JUN 1 5 2011 L--- TOWN CLERK RESOLUTION NO. TOWN OF TIBURON ! l A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN " OF TIBURON FINDING NO OBJECTION TO THE RATE INCREASE REQUEST FOR THE DELIVERY OF SOLID WASTE COLLECTION AND RECYCLING SERVICES BY MILL VALLEY REFUSE SERVICE, INC. WHEREAS, the Town of Tiburon ("Town") and Mill Valley Refuse Service, Inc. ("MVRS") entered into a Solid Waste Management Agreement dated December 6, 1995 (the "Agreement"); WHEREAS, under Section 10 of the Agreement MVRS is granted the right to annually apply for a Base Rate Change, which said application MVRS has submitted to the Town, seeking increases in said Base Rates commencing July 1, 2011; WHEREAS, under Section 10 of the Agreement, MVRS is entitled to rates that will endeavor to provide a fair and equitable return to MVRS; WHEREAS, pursuant to this year's Base Rate Change Application, MVRS is requesting that rates be increased to the amounts set forth in Exhibit A, attached hereto and incorporated by this reference. MVRS has represented to the Town that the rates set forth in Exhibit A are necessary in order to assure that commencing July 1, 2011, it will earn a fair and equitable return; WHEREAS, notice of a public hearing to be held on June 15, 2011 at 7:30 P.M. in the Town Hall Council Chambers, for consideration of this year's Base Rate Change Application was published in the Ark on May 18, 2011 and May 25, 2011, with the first publication date in each newspaper being at least 10 days in advance of June 15, 2011 and with at least five (5) intervening days between first and second dates of publication in each newspaper; WHEREAS, a public hearing was held on June 15, 2010 at 7:30 P.M. or thereabouts in the Town Hall Council Chambers for consideration of this year's Base Rate Change Application at which time all interested persons were invited to participate in the public hearing; WHEREAS, the Town has examined the financial information supplied by MVRS in support of its rate increase described herein and has determined that the increase in rates requested by MVRS will provide a fair return to MVRS, and, as such, the Town does not object to MVRS increasing the Base Rates as set forth in Exhibit A; and WHEREAS, the Town Council finds that adoption of this resolution is exempt from the requirements of the California Environmental Quality Act pursuant to (i) Section 21808(b)(8) of the California Public Resources Code, because it is an activity to establish rates for the purpose of meeting operating expenses, purchasing or leasing supplies, equipment, or materials, meeting financial reserve needs and requirements and obtaining funds for capital projects necessary to maintain service within existing service areas; and (ii) Sections 15301 and 15061(b)(3) of the CEQA Guidelines because the new Chapter 26 will not change existing solid waste practices; and WHEREAS, it is in the public interest for the Town not to object to said Base Rate increase: NOW, therefore, the Town Council of the Town of Tiburon does resolve as follows: 1. The Town Council does not object to the increase in Base Rates set forth in Exhibit A. 2. The Base Rates set forth in Exhibit A shall be effective as of July 1, 2011. 3. The recitals set forth above are hereby incorporated into this Resolution as though set forth in full. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on June 15, 2011 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JEFFREY SLAVITZ, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK 2 " .IBURG N Rafe Increase 15.83% RESIDENTIAL RATES Basra Rate Recycling Rate Monthly Rate Quarterly Rate # of Cars 11 Pick: Up $ 26.73 $ 4.36 - $ 31.09 $ 93.27 1-20 Gallon $ 30.71 $ 4.36 $ 35-.0.7.... . 105.21 1-32 Gallon $ 59.48 $ 436 $ 63.84 $ 91 52 2-32 Gallon $ 87.78. $ 4..36....: 92.14 $ 276 42 3-32 Gallon - $ 116.03 $ 436 _ $ - '120.39 $ 361-17 4-32 Gallon _ 45:14 $ - 4.36: $ 49.50 $ 148.50 1-45 Gallon Base Recycling Monthly Quarterly Rate Rate Rate Rate # of Cans /1 Pick Up $ 32.45 $ 4136 $ 3+6.81 110.43 1-20 Gallon $ : 37.39 . . $ . . 4.36 . $ . . 41.75 . $ . 1`25.25 1-32 Gallon $ . 59:48 - . . $ . . 4.36 . $ 61*84 $ 191;52 . 2-32 Gallon . $ 87.78: 3 4.36 $ 92.14 $ _ 275:42 r_. 3-32 Gallon $ 1`16,03 4.36 . 1:2039 $ 361.17 _ 4-32 Gallon $ .14434: _ $ . 4136 $ 148.70 $ 446.10 5-32 Gallon $ 55:09 $ 4.36 $ 59.45 $ 178.35 1-45 Gallon # of Cans/2 Pick Ups $ 7.3.18 $ 4436 $ 77.54 $ 232.62 1-32 Galion _ . 117.00 $ 4.36 $ ---l. 12 1.36 $ 364.08 _ 2-32 Galion . . $ 173.66 - $ 4.36 - - . $ 178.02 $ 534.06 . 3-32 Gallon $ - 230.29 - - $ . - 4::36 234:.65 $ 70195 4--32 Gallon %I r i pA.F Base Recycling Monthly Quarterly Ratew Rate Rate Rate # of Cans /1 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 Base Recycling Monthly Quarterly Rate* Rate Rate Rate # of Cans l1 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 Rate Increase 15.880i= COMMERCIAL RATES 'rd `rain Base Rate Recycling Rate Monthly Rate Container Rental 1 # 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 $ 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 $ 763.60 $ 101-82 $ 865.42 $ 22.66 _ 6 Pick Ups $32.4:6 per yard extra trash charge ~r d 'Con in6rT . Base Rate Recycling Rate Monthly Rate Container Rental # of Pick Ups $ 254.51 $ 33.94 $ 288.45 $ 45.30 1 Pick Up $ 509.03 $ . . 67,88 . . $ 576.91 $ 45.30 . 2 Pick Ups . . . $ 763.60 . $ . . 101,82 . $ . 865.42 $ 45.30 . . . . 3 Pick Ups $ - _ 1,018..01 $ 135.78 $ 1,153,79 $ 4530 4 Pick Ups . _ $ 1,272.65 1 $ 169.72 $ 1,442.37 $ 45.30 5 Pick Ups $ . . 1. '...-I 1,527.16 $ 203.67 $ 1,730.83 $ 45.30 6 Pick Ups: $32.46 per yard extra trash charge r vmmar al' Tres h GM, i6' Base Recycling "Monthly Container Rate Rate Rate Rental # of Carts/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 o p► ctoT?Rate r y44) 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. : ► amrxtar ia~ S tUr a eruice Saturday Recycling Monthly Container Base Rate Rate Rate Rental # of Cans/1 Pick Up $ 190.84 $ 25.44 n/a _ n/a 1 Yard Container - Saturday _ . . . 381.77 $ 50.92 n/a n/a 2 Yard Conta iner - Saturday 0 ~Y fp tea. Cs z K s :E r v X tt2. CD 0. 0 N CTt ,p 0 Cn .ja. 0 = =3 Er > C C?D v co in Ca ch cn to 0 C.n al CD. 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W C cn w -a ~ w cn -.t om W ~ ~ 0: O C) O O O ~ co O O C) of I 0 > 3 ;z -R N co ~ N 0 C1J cn --4 W -.t N to -^I O -4 C) 00 co CD 6 '(D C'D m O O O C7 0 0 69 6 IV) 3 N) (D 0 CD O C" co w m -P CD Cn r Q C> W 0 0 0 0 6 0 CD CO 0 CD 0 0 69 6-a 0 A• W CD -P► W ~ co iv ~ co O .r- o C) C )CD 0 o 0 C0 0 0 CD CD w 69 C cn co L71 W " n N Cl ul 00 C) Ln 0 O O Co CD CD rv O d O O C> O 0 0 0 0 0 0 I< c CD a U ~j N c> O rv C) O CX) R> G v _ Q ~C G X t~ Ltd CD cn N m ti o C C l< m n. C m y > N) 0 O O Co IV O O OD O N O G fv O LO Miscellaneous Terms and Conditions for Residential Rates Base Rate Base Rate includes trash and compost can service. ItdFRS provides one (1) compost can and one (1) recycling can per customer. Extra compost and recycling cans available at S6. 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 of garbage 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 of 32-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. Equivalency formula: 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 of the applicable once-per-week rate. In all cases, a 10% discount off the base rate will be applied if all units are paid for by the property owners. *If ]-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 of three 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. MT7RS provides compost and recycle c~~ys r~~~ 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 steain cleaning of the container once per year. Additional steain 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 of three (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 To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Office of the Town Attorney Town Council Meeting June 15, 2011 Agenda Item: CSubject: Recommendation to Pass First Reading of an Ordinance Governing Solid Waste Storage, Collection and Disposal Reviewed By: BACKGROUND The Town Council adopted Chapter 26 of the Town's Municipal Code to regulate the accumulation, collection and disposal of garbage in 1965. State laws governing solid waste have changed dramatically in the intervening 46 years and the solid waste industry has seen a commensurate increase in complexity. During the negotiation of the pending new franchise agreement with Mill Valley Refuse, staff became aware that the current Chapter 26 does not reflect current law or modern industry practices. For example, the current ordinance makes no provision for recyclables, green waste or disposal of household waste items that are not suitable for collection with other categories of waste. We have drafted the proposed updated ordinance to replace the old Chapter 26. ANALYSIS The new Chapter 26 would not significantly change actual solid waste practices within the Town. However, it adds a number of provisions that differ from the current ordinance. The most significant changes are listed below. 1. Section 26-1 contains an expanded list of defined terms. 2. Section 26-10 clarifies the enforcement procedure, providing that violations may be prosecuted either as infractions, misdemeanors or by administrative citations. 3. Section 26-12 stipulates the required terms of any franchise agreement, addressing disposal sites, compliance with federal, state and local law and provisions for household hazardous waste collection. 4. Section 26-16 provides that the Town's solid waste collector shall have exclusive rights to collect solid waste, except that persons may dispose of their own waste personally at an appropriate facility. 5. Section 26-16(c) precludes unauthorized persons from removing segregated recyclable materials after the customer has placed them the location designated by the solid waste collector for pick-up. TOWN OF TIBURON PAGE 1 OF 2 RECOMMENDATION Staff recommends that the Town Council: 1. Take any public comment on this item 2. Move to read by title only 3. By role call vote, pass first reading of the ordinance Exhibits: Draft Ordinance Prepared By: Ann R. Danforth, Town Attorney } ORDINANCE NO. N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REPEALING THE EXISTING CHAPTER 26 AND ADOPTING A NEW CHAPTER 26 GOVERNING SOLID WASTE STORAGE, COLLECTION AND DISPOSAL WHEREAS, the Town Council adopted the current Chapter 26 (Refuse and Garbage) of the Tiburon Municipal Code in 1965 and has not significantly amended that chapter; and WHEREAS, in the intervening years, both state law and industry practice have changed significantly, rendering much of the current Chapter 26 outdated; and WHEREAS, the Town Council finds that adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act pursuant to Sections 15301 and 15061(b)(3) of the CEQA Guidelines because the new Chapter 26 will not change existing solid waste practices; and WHEREAS, the Town Council hereby adopts this ordinance in order to promote and protect the public health, safety, and general welfare and achieve compliance with state-mandated solid waste disposal codes. NOW, THEREFORE, the Town Council of the Town of Tiburon does ordain as follows: SECTION 1. Chapter 26 of the Tiburon Municipal Code is hereby repealed SECTION 2. Chapter 26 of the Tiburon Municipal Code is hereby adopted to read as follows: Chapter 26 SOLID WASTE STORAGE, COLLECTION AND DISPOSAL Sections: Article I. In General 26-1 Definitions 26-2 Purpose of Chapter 26-3 Disposal of Solid Waste, Generally 26-4 Duty of Owner, Occupant, etc., to subscribe to Solid Waste Collection Service 26-5 Storage Receptacles; Accumulation 26-6 Receptacle Location 26-7 Improper use of Public Refuse Receptacles 26-8 Transportation of Solid Waste in Town 26-9 Emergency Removal of Solid Waste 26-10 Administration and Enforcement of Chapter. Article II. Collection 26-11 Town Contracts for Collection Services; Renewal of Contract 26-12 Terms and Conditions of Contract 26-13 Duty of Collector; Regulation and Supervision of Collection 26-14 Responsibility and Liability of Collector; Liability Insurance Required 26-15 Perfonnance bond required of Collector. 26-16 Exclusive rights of Collector. 26-17 Rates and Charges. 26-18 Establishment of Routes and Time for Collection. Article I. In General 26-1 Definitions. For purposes of this chapter, the following words, phrases and terms shall have the meanings set forth by this section unless a different meaning is clearly intended by the use or context of the word, phrase or term: "Collector" shall mean any person, firm or corporation that the town has authorized by contract to collect and transport Solid Waste through the streets, alleys or public ways of the town. "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. "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. 2 "Dispose" or "dispose of means to dispose of or to transport and deliver to another for disposal. "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. "Green Can" means any receptacle provided by Collector for the periodic collection of Green Waste. "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. "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. "Household Hazardous Waste" means materials that the Collector may designate from time to time as eligible for curbside pick-up but inappropriate for collection with regular pick up and that are commonly generated by residential customers. Examples include, without limitation, consumer electronic waste, including computers, monitors, printers and cell phones, latex paint, used motor oil, oil 3 filters, cornrnon household batteries (but not car batteries), fluorescent light bulbs under four (4) feet in length, and non-empty aerosol cans. "Mixed-Use Property" means properties that contain both living units and commercial or non-living units. "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. "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, including Green Waste, 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. "Recycling" means the collection and processing of any Recyclables outside of the premises from which such materials have derived. "Residential Property" means all Single-Family Units and Multi-Family Units. "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 on a residential property which property does not receive and pay Collector's invoices as a single, collective bill). "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). "Storage Container" means portable enclosed storage units for temporary on-site storage. 26-2 Purpose of chapter. The purpose of this chapter is to prevent actual or potential public health hazards and nuisances by the regulation of the accumulation, collection and disposal of Solid Waste and the licensing of persons engaged therein. 4 26-3 Disposal of Solid Waste generally. It is unlawful for any person to keep, deposit, bury or dispose of any Solid Waste in or upon any private property, public street, alley, sidewalk, gutter, park, upon the banks of any stream or creek in the town, or in or upon any of the waters thereof except as provided in this chapter. Every person having the obligation of the disposal of Solid Waste as provided in this chapter shall dispose of the same only through the Collector or as may be expressly permitted by this chapter. 26-4 Duty Of Owner, Occupant, etc., to Subscribe to Solid Waste collection Service. Every tenant, lessee or occupant of any premises within the town shall have the Solid Waste collection service by the Collector at least once each week, and shall pay the Collector for said service at the monthly rates provided therefore. 26-5 Storage _ Receptacles; Accumulation It is unlawful to place or permit to remain any Solid Waste except in a suitable covered container supplied by the Collector as set forth in this chapter. (a) Collector shall provide suitable and sufficient collection receptacles for purchase or rent by any person or entity having a duty to subscribe to Solid Waste collection service under this chapter. (b) The specific nature of the required receptacles shall be established as from time to time approved by the town and the Collector. (c) All Solid Waste shall be placed in receptacles constructed of metal or an approved plastic material and type that is watertight, nonabsorbent, animal resistant, durable, easily cleanable, equipped with handles, and has tight fitting covers such that the containers hold the solid waste without spillage and leakage, escape of odors or access of flies to the contents thereof. (d) No person owning or occupying any building, lot or premises shall allow any Solid Waste to accumulate or remain in or upon the building, lot or premises in a manner in violation of this chapter or that otherwise creates a public nuisance. 26-6 Receptacle Location Except as expressly provided by this section, no Solid Waste receptacle other than those owned or rented by the town shall be placed or kept in or on any public street, sidewalk, footpath, or any public place whatsoever, but shall be maintained on the premises in a location and manner so as not to be visible from the public street. Notwithstanding the foregoing, Solid Waste receptacles may be placed on the day(s) and in the locations designated by the Collector for removal and emptying of said receptacles, but shall be removed within 24 hours of the day of collection. 5 26-7 Improper use of Public Solid Waste Receptacles It is unlawful for any person to place or cause to be placed in any public receptacle owned by the town and located upon public streets or in public places any refuse originating within or upon any private property. 26-8 Transportation of Solid Waste in Town (a) No Solid Waste shall be removed and carried on and along the streets and alleys of the town, unless the same is carried, conveyed or hauled in conveyances so constructed as to be dust proof, and so arranged as not to permit dust or other matter to sift through or fall upon the streets and alleys. The contents of such conveyances shall be further protected with appropriate covers so as to prevent the same from being blown upon the streets, alleys and adjacent lands. (b) No wet Garbage shall be removed and carried on or along any street or alley of the town, unless the same is transported in watertight containers with proper covers so that the garbage shall not be offensive, and every such container shall be kept clean and such garbage shall be so loaded that none of it shall fall, drip or spill to or on the ground, sidewalk or pavement. (c) Every truck used in the collection or removal of Solid Waste shall be kept well painted and clean inside and out; and the naive of the contract agent and the truck number shall be prominently displayed on each truck. 26-9 Emergency Removal of Solid Waste. Nothing in this chapter shall be deemed to prohibit the town from removing and hauling any Solid Waste considered by the town manager to undermine the health, safety or welfare of the public. 26-10 Administration and Enforcement of Chapter (a) The town manager shall make such rules and interpretation of the terms of this chapter not inconsistent with the provisions of this chapter as may be necessary, reasonable and proper to effect the proper expedient, economical and efficient collection and removal of Solid Waste by the Collector. (b) It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. A violation of this chapter, may be charged and prosecuted as either an infraction or misdemeanor or pursuant to chapter 31 of this code, in the sole discretion of the town attorney. Each separate day or any portion thereof on which a violation occurs or is committed, continued or pennitted shall be deemed to constitute a separate offense punishable as herein provided. 6 Article II. Collection 26-11 Town Contracts for Collection Services; Renewal of Contract The town council may, with or without having invited bids therefore, enter into a contract with any responsible person or entity to be the Collector under this chapter. The tern of such contract, rates of collection and other provisions of such contract shall be as provided by resolution of the town council. Where such a contract has been entered into between the town and a contractor for the collection, removal and disposal of Solid Waste, and such contractor shall have satisfactorily performed such contract, the town council, without inviting bids or proposals therefore and without giving notice of its intention to do so, may, either prior to or after the expiration of such contract, extend or renew the same for such a period and on such terns and conditions as the town council shall provide by resolution. 26-12 Tenns and Conditions of Contract The contract shall contain the following provisions: (a) The Collector shall be required to dispose of all Solid Waste at appropriate disposal facilities satisfactory to the town. (b) The Collector shall comply with all applicable federal, state and local laws, as they may be amended from time to time, in performance of the contract. (c) The Collector shall be required to make provisions for collection and disposal of Household Hazardous Waste. 26-13 Duty of Collector; Regulation and Supervision of Collection The collector shall provide garbage pickup service to all persons situated within the town; provided, that payment for service is made. The town council may establish standard regulations for the methods of collection of garbage service charges, including the enforcement thereof. The town manager shall supervise the collection and removal of all garbage, rubbish and refuse by the garbage collector. 26-14 Responsibility and Liability of Collector; Liability Insurance Required The Collector shall be considered as and shall be an independent contractor and shall be responsible to the town for the result of his work to be done, but shall act under his own directions as to the manner of performing this work; and he shall keep himself and all of his employees insured against all liability under state workmen's and employees insurance, compensation and safety laws and against public liability and property damage (including all such liability for use or operation of motor vehicles used in the performance of work hereunder). Such public liability insurance shall be in a form and manner and to the extent satisfactory to the Town. Evidence of such insurance shall be filed with the town annually. 7 26-15 Perfonnance bond required of Collector Prior to execution of any contract authorizing any person or entity to act as the Collector under this chapter, said person or entity shall file with the town a bond for the faithful perfonnance of the contract in the sum of one hundred thousand dollars. 26-16 Exclusive rights of Collector. (a) An award of a contract under this chapter shall confer upon the person to whom the contract is awarded the exclusive right to serve as Collector under this chapter during the tenns of the contract, to collect, transport and dispose of Solid Waste, subject only to such exceptions as are specifically set forth in this chapter or the town's contract with Collector. All provisions of this chapter applicable to the Collector shall constitute and be a part of any contract awarded hereunder. (b) Nothing in this chapter shall preclude an occupant, renter, or owner of property in the Town to regularly dispose of their Solid Waste either personally or through the uncompensated services of another, in either case at a County-operated Disposal Facility. (c) No person, other than the Collector or persons authorized under subsection (b) of this section, shall remove paper, glass, cardboard, plastic, used motor oil, ferrous metal, aluminum, or other recyclable materials which have been segregated from solid waste materials and placed at a designated collection location for residential curbside collection for the purposes of collection and recycling. 26-17 Rates and charges. The Collector shall charge every user of Solid Waste collection service, at rates established pursuant to the contract between the town and the Collector. Such rates shall be subject to change in accordance with said contract. The Collector shall use reasonable efforts to set rates so as to fairly distribute the costs of Solid Waste collection service between users thereof according to the extent of their usage 26-18 Establislunent of routes and time for collection. The Collector shall establish routes, days and hours for collection of Solid Waste and may change the same from time to time. When such routes, days and hours are established or changed, the same shall be filed with the town manager. SECTION 3 SEVERABILITY. If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such decision shall not affect the validity of the remaining 8 portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect and be in force thirty (30) days after the date of passage, and before the expiration of fifteen (15) days after passage by the Town Council, a copy of the ordinance shall be published with the naives of the members voting for and against it at least once in a newspaper of general circulation in the Town of Tiburon. This ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on June 15, 2011 and was adopted at a regular meeting of the Town Council of the Town of Tiburon on July 6, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JEFF SLAVITZ, MAYOR Town of Tiburon ATTEST: DIANE CRANE IACOPI, TOWN CLERK 9 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed by: BACKGROUND Mayor & Members of the Town Council Community Development Department To-vvn Council Meeting June 15, 2011 Agenda Item: - &13 Consider Establishment of a Building Code Appeals Board to Hear and Decide Appeals of Non-administrative Decisions of the Building Official; File MCA 2011-02 4P~,_ The Town of Tiburon currently lacks an independent Building Code Appeals Board that is technically qualified to rule on appeals of non-administrative decisions or code interpretations made by the Building Official. This proposal would create a standing body to act as the appeals board and provide it the necessary authority and structure to rule on such appeals. ANALYSIS Most jurisdictions in California have appointed a separate independent appeals board that is qualified to rule on appeals of technical and/or non-administrative decisions and code interpretations made by the local building official. Having such an appeals board helps keep insurance rates low and ensures that construction-related technical disputes are resolved by individuals qualified by profession or experience to rule on such matters. The Town's current building regulations allow the Town Council to act in the capacity of the appeals board. While such appeals have been extremely rare in Tiburon over the years, the recent advent of new uniform construction codes and the ever-changing and diversifying range of construction materials and techniques are likely to increase the number of such appeals over time. The lack of such an appeals board has been identified by the Insurance Services Office (ISO), an independent statistical, rating and advisory organization that serves the property/casualty insurance industry, as a deficiency factor that would likely lead to higher insurance rates for all Tiburon property owners unless rectified. The California Building Code contains an advisory section setting forth the terms, duties, qualifications, and procedures for an appeals board. Town staff has relied heavily on this section in drafting the resolution (Exhibit 1) that would establish the appeals board in Tiburon. Briefly, members would be appointed by and serve at the pleasure of the Town Council; terms would be 5 years but staggered to provide member continuity; qualifications would be explicit (architect, design professional, engineer, contractor); and meetings would be subject to the Brown Act. The Building Official would serve as Secretary to the Board and provide staff support. Two alternate members would supplement the five regular members as a pool to draw from for any particular appeal item, as conflicts of interest in small jurisdictions are not unusual for this type of panel. Members need not be Tiburon residents, but should be familiar with the community. Members would be appointed through the nonnal Town solicitation and interview process, but the technical qualifications of members must be carefully reviewed and verified by staff prior to appointment. While Town staff is reluctant to create new official standing bodies of the Town as a general rule, there are very good reasons why the Building Code Appeals Board should exist and have pennanent status. ENVIRONMENTAL STATUS Creation of the Appeals Board is not a project and is not subject to the requirements of CEQA. STAFF RECOMMENDATION Staff recommends that the Town Council adopt the Resolution establishing the Building Code Appeals Board. EXHIBITS 1. Draft Resolution Prepared by: Fred Lustenberger, Building Official Scott Anderson, Director of Community Development S: UdministrationlTown CowzcillStaffRepo►•tsl20111Jime 15 draftslbuilding code appeals board creation.doc RESOLUTION NO. XX-2011 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ESTABLISHING THE TIBURON BUILDING CODE APPEALS BOARD AS AN OFFICIAL STANDING BODY OF THE TOWN OF TIBURON WHEREAS, the Town of Tiburon has adopted versions of State of California building, plumbing, electrical, mechanical, housing and other uniform codes as its Building Regulations, set forth in Title IV, Chapter 13 of the Tiburon Municipal Code; and WHEREAS, said codes set forth provisions for appeals of technical and/or non-administrative decisions and detenninations made by the Building Official during the performance of his duties, and recommend that said appeals be heard and decided by qualified persons of experience or training in teclulical aspects of building construction, design, installation, equipment or techniques; and WHEREAS, the Town does not currently have an appointed, qualified board of appeals in place to hear and decide any such non-administrative appeals, as is common for municipalities for such purpose; and WHEREAS, the Insurance Services Office (ISO), an independent statistical, rating and advisory organization that serves the property/casualty insurance industry, has identified the lack of an appointed and qualified appeals board in the Town of Tiburon, relating to technical building code issues, as a deficiency factor that would likely lead.to higher insurance rates for all Tiburon property owners unless rectified; and WHEREAS, in order to maintain low insurance rates for its property owners and residents based on building regulation considerations, the Town resolves to establish a qualified building code appeals board to hear and decide non-administrative decisions and determinations of the Building Official. NOW, THEREFORE, BE IT RESOLVED that the Town Council, pursuant to Title I, Chapter 2, Article VI of the Tiburon Municipal Code, does hereby establish the Tiburon Building Code Appeals Board (BLAB) as an official standing body of the Town of Tiburon and sets forth its duties and qualifications, procedures for appointment and removal, tenure, and other such information as necessary for its proper appointment and functioning, as follows: 1. Duties. The duties of the BCAB are set forth below: (a) To act as the appeals board from decisions and interpretations of the Building Official regarding non-administrative provisions of the Town's adopted building codes. (b) To render decisions on appeals and other decisions in writing to the Building Official with a duplicate copy to the appellant. (c) To adopt such reasonable rules and regulations as it may deem necessary for the conduct of its duties. ~T _y t T T Tl. i Tiburon Town Council Resolution No. XX-2011 --1--12011 2. Membership. The BCAB shall be comprised of: (a) Five (5) regular members. (b) Two (2) alternate members, who shall be called by the Chairman to hear appeals or serve at meetings during the absence or disqualification of any regular member. Alternate members shall possess the qualifications for BCAB membership. (c) The Building Official shall act as secretary and staff support to the BCAB, but is not a member and shall have no vote on any matter before the BLAB. 3. Terms. The term of office of members shall be five (5) years, except that to promote continuity of experience, the initial appointments shall be staggered terms as follows: a. Two (2) members shall be appointed to terms that expire on the last day of February, 2013; b. One (1) member shall be appointed to a term that expires on the last day of February, 2014; c. Two (2) members shall be appointed to terms that expire on the last day of February, 2015. All subsequent appointments shall be for terms of five (5) years, except that appointments to fill a vacancy where there is an unexpired term shall be for the balance of the unexpired term only. Alternate members shall be appointed for five (5) years or until a successor has been appointed. 4. Qualifications. (a) By experience and training, as verified by the Building Official prior to appointment, BCAB members shall be qualified to rule upon matters pertaining to building construction; including building design, construction, and installation of building, electrical, plumbing, and mechanical systems, equipment and techniques. The following are recommended as guidelines for membership only: i. One member shall be a registered design professional with architectural experience or a builder or superintendent of building construction with at least ten years' experience, five of which shall have been in responsible -charge of work. ii. One member shall be a registered design professional with structural engineering experience. iii. One member shall be a registered design professional with mechanical and plumbing engineering experience or a mechanical contractor with at least ten years' experience, five of which shall have been in responsible charge of work. iv. One shall be a registered design professional with electrical engineering experience or an electrical contractor with at least ten years' experience, five of which shall have been in responsible charge of work. Tiburon Town Council Resolution No. XX-2011 -1-12011 2 v. One member shall be a registered design professional with fire protection engineering experience or a fire protection contractor with at least ten years' experience, five of which shall have been in responsible charge of work. (b) Tiburon residency is not a requirement. 5. Appointment and Removal of Members. Members shall be appointed by the affinmative vote of a majority of the Town Council, and may be removed by the affirmative vote of a majority of the Town Council. The Mayor shall appoint a Chairman and a Vice-Chairman. The Chairman shall preside over the meetings. The Vice-Chairman shall assume the duties of the Chairman in the absence of the Chairman. 6. Procedures. (a) Any person snaking an appeal must file a completed Town of Tiburon Notice of Appeal fonn with the Town Clerk within twenty (20) days after the notice of decision or interpretation was served. The appeal filing fee is $500. (b) The BCAB shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The procedure shall not require compliance with the strict rules of evidence, but shall mandate that only relevant information be received. (c) The BCAB shall hear written appeals and make any necessary determinations or interpretations as soon as reasonably practical. It may affirm, overrule, or modify rulings or interpretations of the Building Official, and its decisions shall be final. Decisions shall be by a majority vote of those voting. (d) Unless at least one member of the BCAB is qualified by experience and/or training to rule on a particular matter presented to it, the Board shall not decide the question until it has consulted with and been advised by a disinterested individual who is qualified. (e) A member shall not hear an appeal or make a determination in which that member has a personal, professional, or financial interest. (fl The Building Official shall take immediate action in accordance with the decision of the BLAB. 7. Staffing. The Town Manager or a Town Manager-designated representative or representatives shall serve as staff to the BLAB. 8. Meetings. The BCAB shall meet as needed to hear and act on appeals or to make necessary detenminations. Meetings are subject to State of California open meeting laws (i.e., the Brown Act) and shall be open to the public and notices of meetings shall be posted and distributed in accordance with state law. The appellant, appellant's representative, the Building Official and any persons whose interests may be affected shall be given an opportunity to be heard. Tiburon Town Council Resolution No. XX-2011 --1--12011 3 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on , 2011, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JEFF SLAVITZ, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK S: IAdministrationlTown CouncillStaff Reports12011 L1une 15 draftslBuilding Codes Appeals Board reso 5-26-2011.doc Tiburon Town Council Resolution No. XX-2011 --1--12011 4 To: From: Mayor & Members of the Town Council Community Development Department Town Council Meeting June 15, 2011 Agenda Item: Subject: . Amend Title IV, Chapter 13 (Building Regulations) of the Tiburon Municipal Code to Reference a Building Code Appeals Board and to Correct Certain Code Section References (Ordinance---Introduction and First Reading); File MCA 2011-02 Reviewed by: BACKGROUND The Town of Tiburon currently lacks an independent Building Code Appeals Board that is technically qualified to rule on appeals of technical and/or non-administrative decisions or code interpretations made by the Building Official. This ordinance would amend the Town's Building Regulations (Title IV, Chapter 13 of the Municipal Code) to reflect creation of this Board and provide it the necessary authority and structure to rule on such matters. The ordinance would also correct a few minor faulty section references in Chapter 13 to state construction codes. ANALYSIS The proposed amendments are limited to: 1) modifying references in the Town's Building Regulations (Chapter 13) to reflect the Tiburon Building Code Appeals Board (BLAB) as the appeals body with respect to construction code issues; and 2) correction of a few erroneous references to sections in the state-adopted construction codes. ENVIRONMENTAL STATUS This project is ministerially exempt from the requirements of CEQA. STAFF RECOMMENDATION Following a public hearing, staff recommends that the Town Council: 1. Hold a public hearing and consider any testimony. 2. Move to read by title only, waiving any additional readings, and introduce the ordinance (Exhibit 1) amending Title IV, Chapter 13 (Building Regulations) of the Tiburon Municipal Code. If first reading is passed without substantive changes, the item will return on the TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 own t' unc EXHIBITS 1. Draft Ordinance Prepared by: Fred Lustenberger, Building Official Scott Anderson, Director of Community Development`s S: MdministratioaflTown CouticillStaff Reports120111Jtcuie 15 draftslbuilding code amendment.for appeals board.doc ORDINANCE NO. 528 N. S. (DRAFT) AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING PROVISIONS OF TITLE IV, CHAPTER 13 OF THE TIBURON MUNICIPAL CODE TO MODIFY PROVISIONS RELATED TO APPEALS The Town Council of the Town of Tiburon does ordain as follows: Section 1. Findings. A. On January 19, 2011, the Town Council enacted Ordinance No. 523 N. S. adopting with amendments certain uniform construction codes as its Building Regulations. Among those provisions adopted was one that allowed the Town Council to appoint itself as the board of appeals to hear and decide upon appeals of non-administrative decisions and determinations made by the Building Official. B. The Town Council has subsequently identified benefits associated with the appointment of a standing appeals board that is technically qualified to rule on such appeals, as is strongly recommended by the California Building Code and by insurance carriers. Town Staff has therefore prepared amendments to the Town's adopted building regulations, in the form of an ordinance for consideration by the Town Council, which would implement the change in appeals board designation. C. The Town Council held a public hearing on , 2011, and has heard and considered any and all public testimony on this matter. D. The Town Council finds that all notices and procedures required by law attendant to the adoption of this Ordinance have been followed. E. The Town Council finds that the amendments made by this Ordinance are necessary for the protection of the public health, safety, and welfare. F. The Town Council has found that the amendments made by this Ordinance are consistent with the goals and policies of the Tiburon General Plan. G. The Town Council finds that the adoption of this Ordinance is ministerially exempt from the requirements of CEQA and is also exempt pursuant to Section 15061(b) (3) of the CEQA Guidelines. Section 2. Amendments. Tiburon Municipal Code Title IV, Chapter 13 (Building Regulations) is hereby amended as follows: EXHIBIT NO, Town of Tiburon Ordinance No. 528 N. S. DRAFT Effective --/--/2011 Page 1 A. Section 13-4.1.1(b) is amended to read as follows: (b) Section 1.8.8.1 is amended to add the following sentence thereto: The local appeals board and the housing appeals board shall be the Tiburon Building Code Appeals Board. B. Section 13-4.1.1(c)(7) is amended to read as follows: (7) Section 113.1 is amended by adding the following sentence thereto: The board of appeals shall be the Tiburon Building Code Appeals Board. C. Section 13-4.2.1(a) is amended to read as follows: (a) Section 1.8.4.1 is amended to read as follows: 1.8.4.1 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.) D. Section 13-4.2.1 (b) is amended to read as follows: (b) Section 1.8.7.1 is amended by adding the following sentence thereto: The local appeals board and the housing appeals board shall be the Tiburon Building Code Appeals Board. E. Section 13-4.3.1(b) is amended to read as follows: (b) Section 1.8.8.1 is amended by adding the following sentence thereto: The local appeals board and the housing appeals board shall be the Tiburon Building Code Appeals Board. F. Section 13-4.4.1(c) is amended to read as follows: (c) Section 89.108.8.1 is amended by adding the following sentence thereto: Town of Tiburon Ordinance No. 528 N. S. DRAFT Effective --/--/2011 Page 2 The local appeals board and the housing appeals board shall be the Tiburon Building Code Appeals Board. G. Section 13-4.6.1(e) is amended to read as follows: (e) - Section 203.1 is amended by adding the following sentence thereto: The housing advisory and appeals board shall be the Tiburon Building Code Appeals Board. H. Section 13-4.7.1 is amended in its entirety to read as follows: 13-4.7.1 Amendments made to the California Mechanical Code. The 2010 California Mechanical Code is amended as follows: (a) Chapter 1, Division I, Section 1.8.8.1 is amended by adding the following sentence thereto: The board of appeals shall be the Tiburon Building Code Appeals Board. (b) Chapter 1, Division II is amended as follows: (1) Section 101.0 is amended to read as follows: These regulations shall be known as the California Mechanical Code, may be cited as such, and will be referred to herein as "this code" (2) Section 108.3 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." (3) Section 110.1 is amended by adding thereto the following sentence: The board of appeals shall be the Tiburon Building Code Appeals Board. (4) Section 115.1 is amended to read as follows: 115.1 General. Fees shall be assessed in accordance with the provisions of this section and as set forth in the Building Division Fee Schedule adopted by resolution of the Tiburon Town Council Town of Tiburon Ordinance No. 528 N. S. DRAFT Effective --/--/2011 Page 3 and amended from time to time. (5) Section 115.2 is amended to read as follows: 115.2 Permit Fees. Any person desiring a permit required by this code shall, at the time of issuance for the permit, pay a fee, which fee shall be as set forth in the Building Division Fee Schedule adopted by resolution of the Tiburon Town Council and amended from time to time. (6) Section 115.3 is deleted. (7) Section 116.6 is amended to replace the third paragraph with the following: To obtain re-inspection, the applicant shall first pay the re-inspection fee in accordance with the Building Division Fee Schedule adopted by resolution of the Tiburon Town Council and amended from time to time. (8) Table 1-1 is deleted. (c) Section 203.0 is amended as follows: The definition of "AUTHORITY HAVING JURISDICTION" is amended to read as follows: AUTHORITY HAVING JURISDICTION The Authority Having Jurisdiction shall mean the building official or his duly authorized representative. (d) Section 207.0 is amended as follows: The definition of "ENFORCING AGENCY" is amended to read as follows: ENFORCING AGENCY The enforcing agency shall be the Building Division of the Town of Tiburon. 1. Section 13-4.8.1(e) is amended to read as follows: (e) Section 205.1 is amended by adding the following sentence thereto: The board of appeals shall be the Tiburon Building Code Appeals Board. Town of Tiburon Ordinance No. 528 N. S. DRAFT Effective --/--/2011 Page 4 Section 3. Severability. If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional. Section 4. Effective Date. A summary of this Ordinance shall by published and a certified copy of the full text of this Ordinance shall be posted in the office of Town Clerk at least five (5) days prior to the Council meeting at which it is adopted. This Ordinance shall be in full force and effect thirty (30) days after the date of adoption, and the summary of this Ordinance shall be published within fifteen (15) days after its adoption, together with the names of the Councilmembers voting for or against same, in a newspaper of general circulation in the Town of Tiburon, County of Marin, State of California. This ordinance was read and introduced at a regular meeting of the Town Council of the Town of Tiburon, held on the day of , 2011, and was adopted at a regular meeting of the Town Council of the Town of Tiburon, held on the day of , 2011, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JEFF SLAVITZ, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK S: WministrationlTown Council1StgffReports120111June 15 draftslBuilding Code appeals board ordinance.doc Town of Tiburon Ordinance No. 528 N. S. DRAFT Effective --/--/2011 Page 5 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Office of the Town Attorney Town Council Meeting June 15, 2011 Agenda Item: ' Recommendation to Pass First Reading of an Ordinance Governing Claims Against the Town The California Government Claims Act governs most claims for money damages against public agencies. Persons or entities that fail to present a timely claim are barred from filing suit against the public agency to recover damages. The Act provides the Town the opportunity to review and investigate and, where appropriate, settle claims before either side incurs litigation costs. There are a number of exceptions to the Act, where the Town does not have the advantage of early investigation and resolution. Exceptions include claims related to tax matters and assessments, public financing matters, construction liens, back wages, claims by other public entities and claims to penalties withheld on public works construction projects. The Act expressly allows local agencies to adopt their own claims requirements by ordinance, to govern claims that otherwise are outside the scope of the Act. Accordingly, we have drafted the proposed ordinance to improve the Town's ability to resolve claims prior to litigation. ANALYSIS Under Section 935 of the Government Code, the Town may adopt an ordinance regulating claims that are not otherwise governed by the Government Claims Act or other law, provided that the local regulations contain timelines and other specified features similar to those in the Act. The proposed ordinance incorporates the Act's presentation and processing requirements, most notably the following: • No one may file suit against the Town for a cause of action covered by the new Chapter 3B unless the claimant has complained with the new claims procedures. • Claims for damages arising from death, personal injury or injury to property must be presented within six months. All other claims must be presented within one year. • The Town must act upon the claim within 45 days or the claim will be deemed denied. • The ordinance establishes a procedure for applications to file late claims for death, personal injury or injury to property, provided that they are filed within one year. • If the Town denies the claim, claimants must commence suit within six months. TOWN OF TIBURON PAGE 1 OF 2 The ordinance also includes two new features: • Section 3B-1(a)(3) provides that claims on behave of a class of persons must be signed by each member of that class. • No claimant may bring suit regarding a tax, fee or other charge unless they have first paid that tax, fee or charge, together with interest and any penalties. RECOMMENDATION Staff recommends that the Town Council: 1. Take any public comment on this item 2. Move to read by title only 3. By role call vote, pass first reading of the ordinance Exhibits: Draft Ordinance Prepared By: Ann R. Danforth, Town Attorney ORDINANCE NO. N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADDING CHAPTER 3B (CLAIMS AGAINST THE TOWN) TO TITLE I OF THE MUNICIPAL CODE ESTABLISHING PROCEDURES FOR FILING AND PROCESSING CLAIMS AGAINST THE TOWN NOW THEREFORE, BE IT ORDAINED BY THE TOWN OF TIBURON, CALIFORNIA, AS FOLLOWS: WHEREAS, the Town of Tiburon ("Town is authorized by the provisions of California Government Code section 935 to establish procedures for all claims against the Town for money or damages, provided that such claims are not governed by any other statute or regulations; and, WHEREAS, the Town Council of the Town wishes to adopt such procedures in order to process such claims more efficiently and expeditiously and preserve and protect the taxpayers' dollars; and, NOW THEREFORE, BE IT FURTHER ORDAINED BY THE COUNCIL OF THE TOWN OF TIBURON AS FOLLOWS: SECTION 1: That a new Chapter 13B (Claims Against the Town) is added to Title 1 (General Provisions) of the Code of the Town of Tiburon, California, to read as follows: 3B - 1 Claims Required. (a) General Provisions (1) All claims against the town for money or damages not otherwise governed by the Government Claims Act, California Government Code Sections 900 et seq., or another state law (hereinafter in this ordinance, "Claims") shall be presented in accordance with this section. (2) All Claims shall be made in writing, under penalty of perjury and verified by the claimant or by his or her guardian, conservator, executor or administrator. No Claim may be filed on behalf of a class of persons unless verified by every member of that class as required by this section. 1n addition, all Claims shall contain the infonnation required by California Government Code Section 910. (3) All Claims shall be presented to the town clerk and shall be submitted in accordance with this section and the Government Claims Act. For purposes of determining whether a Claim is timely presented, a Claim is presented to the town clerk when it is received in the office of the town clerk. (4) A Claim shall be submitted on the claim form furnished by the town. A Claim may be returned if it was not presented using the proper form. (5) Where there is a conflict between the provisions of the Government Claims Act and this chapter, the provisions of this chapter shall apply. (b) Tax Refund Claims. In addition to the presentation requirements set forth in subsection (a), tax refund Claims shall be subject to the presentation requirements set forth in this subsection and to any other legal requirements or conditions stated in applicable tax refund provisions in the Municipal Code. Every tax refund Claim shall state the following: (1) the specific amount claimed to have been overpaid or paid more than once, or erroneously or illegally collected or received by the town; (2) the tax period at issue, and (3) the grounds upon which the claim is founded, with specificity sufficient to enable town officials to understand and evaluate the claim. A tax refund Claim shall be signed by the taxpayer or, if applicable, the person obligated to remit the tax, or such person's guardian or conservator. No agent, including the taxpayer's attorney, may sign a tax refund claim. Class Claims for tax refunds shall not be permitted. Section 3B-2 Action by Town; Delegation of Authority. (a) Pursuant to Government Code Section 912.4, the town shall act on a Claim within forty-five days after the claim has been presented. By mutual agreement of the claimant and the town, such forty-five day period may be extended by written agreement. If the claim is not acted on within forty-five (45) days, it shall be deemed to have been rejected on the forty-fifth (45th) day unless such time period has been extended, in which case it shall be denied on the last day of the period specified in the extension agreement. (b) The town attorney shall have the authority to review all claims. In the event that the town attorney finds that the claim is not a proper charge against the town, the town attorney shall have the authority to reject the claim. This subsection 313-2(b) shall apply to all claims, including, without limitation, claims submitted under this chapter and claims submitted under the Government Claims Act. Section 3B-3 Exhaustion of Administrative Remedies. (a) Lawsuits Generally. No suit for money or damages may be brought against the town or any officer, employee, board, commission or authority of the town on a cause of action for which a clairn is required to be presented by this chapter unless (a) a written claim therefore has been presented in accordance with this section and has been rejected by the town or deemed to have been rejected; and (b) the claimant has exhausted all administrative remedies applicable to the claim. (b) Lawsuits Regarding Taxes, Fees or Other Charges. No suit for judicial relief with respect to a dispute regarding a tax, fee or other charge may be brought against the town or any officer, employee, board, commission or authority of the town until (a) the disputed tax, fee or charge, with interest and penalties owing, has been first paid to the town, (b) a claim for refund has been presented by the claimant in accordance with this section and the town has rejected the claim or the claim is deemed to have been rejected, and (c) the claimant has exhausted all administrative remedies applicable to the claim. (c) Where the town takes action on a claim subject to this chapter: 2 (1) If the town allows the claim in full and the claimant accepts the amount allowed, no suit may be maintained on any part of the cause of action to which the claim relates. (2) If the town allows the claim in part and the claimant accepts the amount allowed, no suit may be maintained on that part of the cause of action which is represented by the allowed portion of the claim. 3) If the town allows the in part and requires the claimant to accept the amount allowed in settlement of the entire claim, no suit may be maintained on no suit may be maintained on any part of the cause of action to which the claim relates. Section 313-3 Limitation Period; Time for Filing Claims. Any claim specified in this chapter shall be presented within the following time limitations established in Government Code Section 911.2: (a) Claims relating to a cause of action for death, injury to person or to personal property, or growing crops shall be presented within six months after the accrual of the cause of action. (b) Claims relating to any other cause of action shall be presented within one year after the accrual of the cause of action. (c) When a claim that is required by this chapter to be presented not later than six months after the accrual of the cause of action is not presented within that time, the claimant nay apply in writing to the town for leave to present that claim, as provided by Govermnent Code section 911.4. The town will consider the application pursuant to Government Code section 91.1.6. (d) The limitations periods set forth in this section shall be automatically adjusted to reflect any changes in the limitations periods set forth in Government Code Section 911.2 or its successor statute. Section 3B-4 Limitation Period; Time for Commencing Suit. A,iy suit against the town on a cause of action for which a claim is required to be presented in accordance with this chapter must be commenced: (a)lt the town has given written notice of its action, not later" than six months after the date such notice is personally delivered or deposited in the mail. (fib) If the town has not given written notice of its action, within two years from the accrual of the cause of action. (c) The limitations periods set forth in this section shall be automatically adjusted to reflect any changes in the limitations periods set forth in Government Code Section 945.6 or its successor statute. Section 313-4 Effective Date of Chapter; Transitional Clause. The provisions of this Chapter shall apply retroactively to any causes of action occurring prior to the effective date of this Chapter. Notwithstanding the foregoing, any claim that would have been timely if presented on the day before this Ordinance becomes effective which claim would be untimely under the requirements of this Ordinance may, notwithstanding this Ordinance, be presented not later than the 45th day after the adoption of this Ordinance. 3 SECTION 2. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The Town Council of the Town of Tiburon hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. SECTION 3. PUBLICATION AND EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after the date of adoption. Before the expiration of fifteen (15) days after passage by the Town Council, a copy of the ordinance shall be published with the names of the members voting for and against it at least once in a newspaper of general circulation published in the Town of Tiburon. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on June 15, 2011, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on July 6, 2011, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JEFFREY SLAVITZ, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK 4