HomeMy WebLinkAboutTC Agd Pkt 2022-02-02
TOWN OF TIBURON
Tiburon Town Hall
1505 Tiburon Boulevard
Tiburon, CA 94920
Tiburon Town Council
February 2, 2022
Special Meeting – 4:00 P.M.
Regular Meeting – 5:00 P.M.
TIBURON
TOWN COUNCIL
AGENDA
CORONAVIRUS (COVID-19) ADVISORY NOTICE
Consistent with Government Code section 54953(e), the Town Council meeting will not be physically
open to the public and all Council Members will be teleconferencing into the meeting. To maximize
public safety while still maintaining transparency and public access, members of the public can access
the meeting by following the meeting live at:
Audio/Video Webinar: https://us06web.zoom.us/j/88391154425
Webinar ID: 883 9115 4425
Call-in Number: 1 669 900 6833
Access Code: 883 9115 4425
Instructions for providing public comment live during the meeting using Zoom are linked on the Town’s
website and to this agenda.
Members of the public may provide public comment by sending comments to the Town Clerk by email at
comments@townoftiburon.org. Comments received prior to the start of the Council meeting will be
distributed electronically to the Town Council and posted on the Town’s website. Comments received
after the start time of the Council meeting, but prior to the close of public comment period for an item,
will then be read into the record, with a maximum allowance of 3 minutes per individual comment,
subject to the Mayor’s discretion. All comments read into the record should be a maximum of 500
words, which corresponds to approximately 3 minutes of speaking time. If a comment is received after
the agenda item is heard but before the close of the meeting, the comment will still be included as a part
of the record of the meeting but will not be read into the record.
Any member of the public who needs accommodations should email or call the Town Clerk who will use
their best efforts to provide reasonable accommodations to provide as much accessibility as possible
while also maintaining public safety in accordance with the Town’s procedure for resolving reasonable
accommodation requests. All reasonable accommodations offered will be listed on the Town’s website at
www.townoftiburon.org.
SPECIAL MEETING – 4:00 P.M.
CALL TO ORDER AND ROLL CALL
Councilmember Fredericks, Councilmember Griffin, Councilmember Thier, Vice Mayor Ryan, Mayor
Welner
INTERVIEWS FOR VACANCIES ON TOWN BOARDS & COMMISSONS
• Dan Schwager, Diversity Inclusion Task Force
• Lina Godfrey, Diversity Inclusion Task Force
• Tina Shah Paikeday, Diversity Inclusion Task Force
CLOSED SESSION
1. Public Employee Performance Review: Government Code Section 34957
Title: Town Manager
ADJOURNMENT – to regular meeting
REGULAR MEETING – 5:00 P.M.
CALL TO ORDER AND ROLL CALL
Councilmember Fredericks, Councilmember Griffin, Councilmember Thier, Vice Mayor Ryan, Mayor
Welner
ORAL COMMUNICATIONS
Persons wishing to address the Town Council on subjects not on the agenda may do so at this time.
Please note however, that the Town Council is not able to undertake extended discussion or action on
items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board,
Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit
your comments to three (3) minutes.
PRESENTATIONS
P-1. Introduction of New Belvedere-Tiburon Library Director Crystal Duran
CONSENT CALENDAR
All items on the Consent Calendar may be approved by one motion of the Town Council unless a request
is made by a member of the Town Council, public or staff to remove an item for separate discussion and
consideration. If you wish to speak on a Consent Calendar item, please seek recognition by the Mayor
and do so at this time.
CC-1. Town Council Minutes – Adopt minutes for January 19, 2022 Town Council regular meeting
(Department of Administrative Services)
ACTION ITEMS
AI-1. Pilot Late Night Ferry Service Program – Consider approval a draft agreement to provide a
Town contribution toward a pilot late night ferry service program (Office of the Town Manager)
AI-2. Integrated Pest Management Policy – Consider adoption of amendments to the Integrated Pest
Management Policy (Department of Public Works)
AI-3. EKI Environment & Water Agreement – Consider approval of an agreement with EKI
Environment & Water to prepare a closure plan and conduct soil and groundwater samples for
the former Richardson Bay Sanitation District wastewater ponds and authorize the Town
Manager to execute the contract, in an amount not to exceed $79,000, and a budget amendment
to fund the $79,000 (Office of the Town Manager)
PUBLIC HEARINGS
PH-1. Municipal Code Amendments – Consider amendments to Chapter 16 (Zoning) of the Tiburon
Municipal Code related to accessory dwelling unit and junior accessory dwelling unit
regulations – Introduction and first reading of ordinance (Community Development Department)
PH-2. Municipal Code Amendments – Consider amendments to Chapter 20 (Animals) of the Tiburon
Municipal Code to reflect changes to the McKegney Green Use Policy prohibiting dogs on
McKegney Green – Introduction and first reading of ordinance (Department of Public Works)
DISCUSSION ITEMS
DI-1. Report from Chief of Police Monaghan – Chief Monaghan will report on the Police
Department’s residential burglary response (Police Department)
DI-2. Slow Streets – Receive update on the seasonal closure of Main Street (Slow Streets) and discuss
the future of the program (Office of the Town Manager/Community Development Department)
TOWN COUNCIL REPORTS
TOWN MANAGER REPORT
ADJOURNMENT
GENERAL PUBLIC INFORMATION
ASSISTANCE FOR PEOPLE WITH DISABILITIES
In compliance with the Americans with Disabilities Act, if you need special
assistance to participate in this meeting, please contact the Town Clerk at (415) 435-
7377. Notification 48 hours prior to the meeting will enable the Town to make
reasonable arrangements to ensure accessibility to this meeting.
AVAILABILITY OF INFORMATION
Copies of all agenda reports and supporting data are available for viewing and
inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to
Town Hall. Agendas and minutes are posted on the Town’s website,
www.townoftiburon.org.
Upon request, the Town will provide written agenda materials in appropriate
alternative formats, or disability-related modification or accommodation, including
auxiliary aids or services, to enable individuals with disabilities to participate in
public meetings. Please send a written request, including your name, mailing
address, phone number and brief description of the requested materials and preferred
alternative format or auxiliary aid or service at least 5 days before the meeting.
Requests should be sent to the Office of the Town Clerk at the above address.
PUBLIC HEARINGS
Public Hearings provide the general public and interested parties an opportunity to
provide testimony on these items. If you challenge any proposed action(s) in court,
you may be limited to raising only those issues you or someone else raised at the
Public Hearing(s) described later in this agenda, or in written correspondence
delivered to the Town Council at, or prior to, the Public Hearing(s).
TIMING OF ITEMS ON AGENDA
While the Town Council attempts to hear all items in order as stated on the agenda,
it reserves the right to take items out of order. No set times are assigned to items
appearing on the Town Council agenda.
Dan Schwager, JD, M.Ed, CPMSM
38 Claire Way Tiburon, CA 94920
(415) 272-4942 Dan.Schwager@sfdph.org
Education
JD - Jurisdoctorate
School of Law - Golden Gate University Law School, San Francisco Masters - M.Ed. (Education Administration) University of Massachusetts, Amherst
Bachelor's -BS (Political Science)
State University of Binghamton, New York Professional Certification
CPMSM – Certified Professional in Medical Services Management Professional Experience
Director, Medical Staff Services February 2005 - Present San Francisco General Hospital Medical Center
Department of Public Health, City and County of San Francisco
Responsible for the planning, development and implementation of standards, policies and procedures relating to Medical Staff credentialing, quality improvement, and administrative
functions at SFGHMC and directing the MSSD within the SFGHMC, including the medical administrative and medico-legal aspects of the Medical Staff Organization. Serves as a liaison between UC San Francisco, San Francisco City and County Department of Public Health, and the
SFGHMC Medical Staff, to promote and enhance communication and an effective working relationship. Manage and supervise the work of certified and non-certified personnel engaged in the duties and responsibilities of the MSSD. Implement approved Governing Body credentialing
actions and finalized resolutions for triaged applications, ensuring that issues and actions are appropriately documented. Create correspondence and reports to formally document governance
actions. Research and report legal requirements in the development of Bylaws, policies and
procedures. Maintain compliance with JCAHO and NCQA requirements.
Senior Governance Analyst March 2001 – February 2005
Medical Staff Services UCSF Medical Center Senior assistant to the Director of Medical Staff Services and acting Director in the absence of the
Director. For a Medical Staff of nearly 2000 providers (physicians and allied health practitioners), implemented UCSF Medical Staff personnel policies and governance structure as mandated by UCSF bylaws and policy and procedures. Managed investigation and disciplinary processes as
stipulated by California statute and UCSF by-laws. Administered and implemented Committee
business, meeting agenda requirements and resolution of Committee actions. Administered suspension and disciplinary processes as necessary for delinquencies or other corrective actions
according to the Medical Staff by-laws.
Professional Experience (prior to 2001)
IRC Institutional Review Board Consultant - Assistant Director Maintained statutory compliance with FDA and NIH regulations. Consulted in the development
of clinical research protocols in the areas of pharmaceuticals, vaccines, biologics, diagnostics and
non-significant risk devices.
Prudential/Aetna Health Care Plan Provider Network Manager Management and administration of Managed Care operations regarding benefits, claims,
practitioner credentialing, eligibility, grievances and appeals. Administered monthly budget reviews and corrections applicable to capitation and deduction reports. Provided legal analysis regarding statutory and contractual compliance.
Marin IPA
Provider Relations Analyst
Administered implementation of all Health Plan contracts to assure operational compliance. Recruited and credentialed new providers and maintained credentialing and recredentialing
documentation. Research and analysis of legal issues related to statutory and contractual
compliance.
Page 1 of 2
Town of Tiburon
Commission, Board, Committee Application
Submit to: Town Clerk Lea Stefani
1505 Tiburon Blvd., Tiburon, CA 94920
lstefani@townoftiburon.org
(415)435-7377
TOWN COUNCIL DIVERSITY INCLUSION TASK FORCE APPLICATION
DEADLINE FOR SUBMITTAL: THURSDAY, JANUARY 20, 2022 AT 5:00 P.M.
On October 7, 2020, the Town Council created the Diversity Inclusion Task Force. The Task Force will be
made up of 10 individuals – five Town Councilmembers and five residents appointed by the Council.
To apply for a seat on the Task Force, please submit this completed form to the Town Clerk with a
resume. Thank you for your willingness to serve the Tiburon community.
Diversity Inclusion Task Force Qualifications
-Possess the experience, qualifications, and
knowledge either in your professional career,
volunteer work, or personal capacities to engage,
organize, and provide recommendations to
achieve diversity and inclusion goals and policies
-Possess awareness about how the role of
systemic racism produces inequities the task
force will attempt to address
-Have the time and schedule flexibility to attend
monthly meetings
-Have interest in working on policies regarding
diversity and inclusion
-Be a full-time resident of Tiburon or Belvedere
(proof of residency required)
Applicant Name
Full Name: Date:
Applicant Information
Address:
Street Apartment/Unit
City State Zip
Phone: Email:
Lina Godfrey December 27, 2021
2051 Vistazo East
Tiburon California 94920
(310) 741-7188 lina101@gmail.com
Page 2 of 2
By submittal of this application, I certify that the home address I have listed above is my primary full-time
residence.
Signature:
Why would you like to serve on the task force?
What are your applicable qualifications and experiences?
Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized as
part of Town Council meeting materials.
I would like to join the conversation around diversity and inclusion in Tiburon, a town that can
benefit from focused discussion and policymaking around these issues. I believe that I can
contribute a useful perspective to Tiburon’s efforts to be better in the realm of diversity and
inclusion and help further the objectives of the task force.
As a biracial resident of Tiburon, mother of a disabled child, and a resident from a different age bracket than the average age Tiburon resident as well as
the other Diversity Inclusion Task Force committee members, I believe I can offer a unique perspective on diversity and inclusion issues in Tiburon and
contribute to town policymaking in these areas.
In a professional capacity, I have worked in roles that require awareness and competency of diversity and inclusion. For example, as a trainer for
Upstream USA, we focused directly on communities in which systemic racism had produced inequities regarding access to and education around
reproductive and contraceptive health. At SF Black Infant Health, I delivered a support group curriculum that took into account the inequities produced by
systemic racism and the unique challenges faced by these mothers.
In a volunteer capacity, I have worked providing culturally sensitive counseling to postpartum Latina mothers with the Postpartum Support Center, as a
“big sister” through Big Brothers Big Sisters of America, and
In a personal capacity, I have experienced frequent othering on the basis of race and age right here in our own backyard in Tiburon. I have also begun to
fiercely advocate for my disabled daughter as she grows up in a world full of barriers to inclusion for disabled people, whether that be educationally, with
regards to accessibility to community resources, or just attitudes of others. Currently we have her enrolled in an inclusion preschool environment in
Tiburon - something we had to fight for which is seen as odd and not the norm, as the default societal position is to segregate individuals with disabilities
rather than accommodate them with the necessary support in an inclusive environment.
Though the focus of the world right now is on racial diversity, and I underscore the importance of this realm of diversity and would certainly like to
contribute to this conversation, I would also bring to the table that diversity comes in many forms and to ignore this is to risk further alienating other groups
that are also underrepresented in our town and town leadership. Tiburon and its town leadership and policies can certainly benefit from a patchwork of
diversity, making this town a more inclusive place to live.
Our team
101 California Street, Suite 4200
San Francisco, CA 94111-5829
USA
Phone: +1-415-352-3300
Tina.Shah@russellreynolds.com
Tina Shah Paikeday
Tina Shah Paikeday is the Global Head of the Diversity, Equity & Inclusion Practice at Russell Reynolds Associates.
Her recent work has included DEI search and consulting including recruiting diverse board directors and advising on
DEI governance.
Professional experience
Tina has 25 years of industry experience. She joined Russell Reynolds Associates from the Talent Advisory Board, a
boutique research and management consulting firm she founded. As managing director, Tina advised clients on
managing a diverse workforce. Earlier, she was a senior director at the Corporate Executive Board and was
instrumental in building the Corporate Leadership Council Solutions people analytics business. Tina started her career in organizational strategy design at McKinsey & Company and has worked in sales and marketing at Procter
& Gamble and The Clorox Company. Tina was also CEO of zBox Company, a venture-backed, tech-based package
delivery appliance producer whose product line was later acquired by Whirlpool.
Education & Affiliations
Tina received a BS in commerce, with honors, from the University of Virginia and an MBA from the Stanford
Graduate School of Business. She has also completed doctoral-level coursework on mindfulness and executive
decision-making and is currently researching the path to CEO succession for under-represented groups.
Page 1 of 4
Tiburon Town Council Minutes #01-2022 DRAFT January 19, 2021
TOWN COUNCIL REGULAR MEETING
DRAFT MINUTES
Consistent with Government Code section 54953(e), councilmembers attended this meeting by teleconference. Members of the public were invited to participate in the meeting by live-streaming the meeting on the Town’s website and submitting comments to comments@townoftiburon.org to
be included in the public record for the meeting.
Mayor Welner called the regular meeting of the Tiburon Town Council to order at 5:00 p.m. on Wednesday, January 19, 2022.
CALL TO ORDER AND ROLL CALL
PRESENT: COUNCILMEMBERS: Fredericks, Griffin, Ryan, Thier, Welner ABSENT: COUNCILMEMBERS: None
PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock,
Director of Administrative Services Creekmore, Director of Community Development Tasini, Associate Engineer Eshoo, Town Clerk Stefani
ORAL COMMUNICATIONS
Matt Hochstetler thanked the Council for restoring direct commuter ferry service to San Francisco from Tiburon.
Candice Murray requested additional security measures of signage and automatic license plate
reader cameras installed in Cypress Hollow in response to recent burglaries.
CONSENT CALENDAR
CC-1. Town Council Minutes – Adopt minutes for December 15, 2021 Town Council regular
meeting (Department of Administrative Services)
CC-2. Town Council Minutes – Adopt minutes for December 21, 2021 Town council specialmeeting (Department of Administrative Services)
CC-3. Teleconference Meetings – Adopt resolution that would allow the Town to continue tooperate virtual board meetings in accordance with AB 361 (Department of Administrative Services)
CC-4. Vacancies on Town Boards, Commissions and Committees – Announce pending
vacancies for 2022 (Department of Administrative Services)
Page 2 of 4
Tiburon Town Council Minutes #01-2022 DRAFT January 19, 2021
CC-5. Check Signing Authority – Adopt resolution updating the Town’s signature authorityfor Town-issued checks (Department of Administrative Services)
CC-6. Retirement Health Savings Program – Adopt resolution establishing a retirementhealth savings program for Town employees (Department of Administrative Services)
CC-7. Hawthorne Utility Undergrounding District – Authorize the Town Manager to execute
acquisition and easement agreements related to the Hawthorne Utility Undergrounding
District (Department of Public Works)
CC-8. Transportation Authority of Marin – Adopt resolution accepting Measure AA funds tobe used toward the 2023 Street Paving Project (Department of Public Works)
CC-9. Richardson Bay Regional Authority – Adopt resolution approving the secondamendment to the Richardson Bay Regional Authority Joint Exercise of Powers Agreement (Department of Administrative Services)
CC-10. Municipal Code Amendments – Adopt amendments to Chapter 16 of the Tiburon
Municipal Code related to lot coverage requirements and associated development standards (Community Development Department)
CC-11. Annual Development Fee Report – Receive annual report on the status of Tiburon’s
Development Impact Fees pursuant to the California Government Code (Community
Development Department)
CC-12. Investment Summary – Adopt investment summary for month ending November 30,2021 (Department of Administrative Services)
Vice Mayor Ryan requested Consent Calendar Item No. CC-7 be removed.
MOTION: To adopt Consent Calendar Items No. 1-6 and 8-12, as written. Moved: Thier, seconded by Fredericks
VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner
CC-7. Hawthorne Utility Undergrounding District – Authorize the Town Manager to executeacquisition and easement agreements related to the Hawthorne Utility Undergrounding District (Department of Public Works)
Vice Mayor Ryan recused himself from the vote due to a material property interest within the district.
MOTION: To adopt Consent Calendar Item No. 7, as written.
Moved: Griffin, seconded by Fredericks
VOTE: AYES: Fredericks, Griffin, Thier, Welner RECUSED: Ryan
Page 3 of 4
Tiburon Town Council Minutes #01-2022 DRAFT January 19, 2021
DISCUSSION ITEMS
DI-1. Tiburon 2040 General Plan – The Council will receive an update and discuss progress
on the General Plan update and provide feedback on the goals, policies, and programs of each element (Community Development Department)
Public comment was received by:
•Chuck Hornbrook, who spoke in support of a strategic plan for the Richardson BayLineal Park.
•Carol Korenbrot, who spoke in support of an additional Diversity Element.
•Bronia Hill, who spoke in support of an additional Diversity Element.
No action was taken.
ACTION ITEMS
AI-1. Town Council Committee Appointments – Review Town Council committee appointments list and consider any changes for 2022 (Department of Administrative Services)
The Council made the following revisions to the Committee Appointments List:
•Appoint Holli Thier as delegate to the Association of Bay Area Governments
•Appoint Jack Ryan as the alternate to the MCE Board of Directors
•Appoint Noah Griffin as the alternate to the Marin Emergency Radio Authority
•Appoint Jack Ryan as the delegate to the Richardson Bay Regional Agency Board of Directors
•Appoint Noah Griffin as the delegate to the Belvedere-Tiburon Joint Recreation (“The Ranch”) Committee
•Appoint Noah Griffin as the second delegate and Jack Ryan as the alternate to the MCCMC Pension & OPEB Reform Committee
•Appoint Holli Thier as the delegate to the MCCMC Water Policy Committee
•Appoint Noah Griffin as the alternate to the MCCMC Homeless Policy Steering Committee
•Appoint Jack Ryan to the Town’s Downtown Revitalization Standing Committee
•Appoint Jon Welner to the Town’s Legislative Action Standing Committee
•Appoint Jack Ryan to the Town’s Utility Undergrounding Assessment District Policy Ad
Hoc Committee
•Appoint Jon Welner and Jack Ryan to the Town’s 2022 Budget Finance Ad Hoc Committee
•To sunset the Town’s Affordable Housing Standing Committee, Paths & Open Space
Access Standing Committee, and the Downtown Vibrancy Ad Hoc Committee
DISCUSSION ITEMS
Page 4 of 4
Tiburon Town Council Minutes #01-2022 DRAFT January 19, 2021
DI-2. Diversity Inclusion Task Force Recommendation – Discuss the task force’s recommendation that the Council interview the top 3 department head candidates
Public comment was received by Bronia Hill and Leela Stake, who both spoke in support of the recommendation. The Council directed staff to return to the Council with a resolution reflecting that each Council
member would be given the opportunity to interview the final department head candidates.
DI-3. Diversity Inclusion Task Force Recommendation – Discuss the task force’s recommendation that the Council update the Town’s disciplinary procedures.
Public comment was received by Bronia Hill and Leela Stake, who both spoke in support of the
recommendation. No action was taken.
TOWN COUNCIL REPORTS Councilmember Griffin requested a future agenda item related to written Town Council rules and protocols.
TOWN MANAGER REPORT Town Manager Chanis reminded the Council of the next General Plan update community workshop on Sustainability, scheduled for 1/25/22.
ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Welner adjourned the meeting at 8:40 p.m.
JON WELNER, MAYOR TOWN OF TIBURON ATTEST:
LEA STEFANI, TOWN CLERK
TOWN OF TIBURON PAGE 1 OF 3
STAFF REPORT
To: Mayor and Members of the Town Council
From: Department of Administrative Services
Subject: Review and Consider Approval of an Agreement to Provide a Town Contribution in an Amount Not To Exceed $298,000 Over a Two-Year Period
for a Pilot Late Night Ferry Service. Reviewed By: _________ Greg Chanis, Town Manager
________ Benjamin Stock, Town Attorney
SUMMARY Council will be reviewing and considering approval of an Agreement to Provide a Town Contribution in
an amount not to exceed $298,000 over a two-year period for a Pilot Late Night Ferry Service between San Francisco and Tiburon. RECOMMENDED ACTION(S) Staff recommends that the Town Council receive the Staff Report and any presentation, and 1. Consider approval of the Agreement, and
2. If the Agreement is adopted by Council, direct staff to allocate funding for the program from the Towns allocation of American Rescue Plan (ARP) funding, or 3. If Council is not prepared to make a decision at this time, indicate to staff what additional information is required for Council to consider the item at a future meeting.
BACKGROUND At their regular meeting on October 20, 2021, Council received a presentation on a proposal by
AC Ventures to develop a Pilot Late Night Ferry Service (Service) between San Francisco and Tiburon. The Service, which would be provided by Tideline Marine Group, would be offered Thursday through Saturday evenings, and would include a minimum of three round trips per day. Per the proposal, it is anticipated the Service would not break even until Year 3 of operation. The
proposal includes a request for a financial contribution from the Town to subsidize 80% of estimated shortfall during the first 2 years of the program. AC Ventures proposes to raise the remaining 20% from the various businesses benefitting from the service. The total requested financial contribution from the Town over 2 years is $298,000, while businesses benefitting from the Service would contribute a total of up to $74,735 over the same 2-year period. The proposal
identifies American Rescue Plan (ARP) funds as a potential source to fund this expense. At the conclusion of their discussion item on October 20, Council directed staff to develop a Term Sheet for Council review.
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting February 2, 2022
Agenda Item: AI-1
Town Council Meeting February 2, 2022
TOWN OF TIBURON PAGE 2 OF 3
As directed by Council, and in conjunction with AC Ventures and Tideline Marine, staff negotiated a Draft Term Sheet, which is attached as Exhibit 1, and presented it to Council for consideration at their Special Meeting on October 28, 2021. The material terms stated in the
Draft Term Sheet provide a monthly monetary subsidy from the Town in exchange for roundtrip
charter services to and from San Francisco and Tiburon with a minimum of three roundtrip services occurring Thursdays through Sundays. During the discussion of the item, Council made several suggestions regarding additional
provisions to include in a future agreement. Specifically, Council directed staff to address the
following items in an agreement:
• Clarification of a ‘Clawback’ mechanism, ensuring the Town would receive a refund of
all or a portion of the subsidy payments made in the event the Service operates at
cumulative profit at the end of the 2-year period.
• Clarification of the insurance requirements
• Inclusion of a termination clause in the Agreement
At the conclusion of their discussion of this item on October 28, Council approved the Draft Term Sheet, with the revisions noted above, and directed staff to draft a formal agreement for future Council consideration. Staff subsequently worked with representatives from AC Ventures and Tideline Marine in developing a Draft Agreement for Council consideration which is
attached as Exhibit 2. ANALYSIS Staff believes the Draft Agreement accurately reflects the approved Term Sheet, as well as the
additional direction provided by Council at the October 28 meeting. Staff will provide a brief presentation to Council summarizing the Agreement, and along with representatives from AC Ventures and Tideline Marine, will be available to answer any questions from Council FINANCIAL IMPACT
As noted above, the original proposal from AC Ventures suggests the requested funding could be provided by utilizing a portion of the ARP funds allocated to the Town. This allocation totals approximately $2.17M. If Council approves the Agreement, staff is confident the funds could be allocated from the Town’s ARP allocation. Of course, if Council wishes to make a contribution
to the program, but does not want to utilize ARP funds, Council could direct staff to utilize General Fund Reserves as a source of funds for the contribution. CLIMATE IMPACT
The proposal indicates one of the benefits of the program could be a reduction of vehicle trips to Tiburon, which could result in overall lower greenhouse gas emissions (GhG). Staff agrees reduced GhG emissions could be achieved through increased ferry ridership, however, given the speculative nature of the proposed ridership numbers, it is difficult to quantify any potential reduction at this time.
Town Council Meeting February 2, 2022
TOWN OF TIBURON PAGE 3 OF 3
ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of
the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to
constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION
Staff recommends that the Town Council receive the Staff Report and any presentation, and 1. Consider approval of the Agreement, and 2. If the Agreement is adopted by Council, direct staff to allocate funding for the program from the
Towns allocation of American Rescue Plan (ARP) funding, or 3. If Council is not prepared to make a decision at this time, indicate to staff what additional information is required for Council to consider the item at a future meeting.
Exhibit(s) 1. Draft Term Sheet from October 28,2021 Special Meeting 2. Draft Agreement Prepared By: Greg Chanis, Town Manager
EXHIBIT 1
TOWN OF TIBURON - TIBURON TRANSPORT PROGRAM TERM SHEET
This term sheet is intended to set forth the general terms of an agreement to be entered into between
the Town of Tiburon (“Town”) and Tiburon Transport Program (“TTP”) regarding the Town’s
contribution of funds received by the Town pursuant to the American Rescue Plan Act of 2021 (“Act”) to TTP for purposes of subsidizing any losses incurred by the provider of evening and late-night vessel service between Tiburon and San Francisco. This term sheet does not constitute a binding obligation upon the Town or TTP.
1. TTP will enter into an agreement (“Agreement”) with Tideline Marine Group, Inc.
(“Operator”), a passenger vessel owner-operator with authority from the California Public Utilities Commission (or an alternate provider if the Agreement expires or is terminated pursuant to the terms thereof), to provide unscheduled or on-demand vessel charter services to and from San Francisco and Tiburon. The Operator will provide a minimum of three roundtrips per day,
Thursdays through Sundays between 5:30 PM and 11:00 PM, with one departure from Tiburon
leaving no earlier than 10:00 PM. Subject to sufficient demand and other appropriate conditions, Operator may also provide roundtrips on Saturdays and Sundays (“Services”).
2. Subject to the availability of funding provided under the Act, and subject to the conditions summarized below and more fully described in a final, approved and binding agreement between
the Town and TTP, the Town will provide in an amount not to exceed $298,000 to TTP for the
purpose of subsidizing the Operator’s losses for its first 2 years of service under the Agreement:
A. The Operator will charge each passenger at least $20.00 per one-way ticket and $35.00 per round-trip ticket to ride between Tiburon and San Francisco, with possible 5% ticket price increases in the second year. ACV Argo Tiburon, LP will make docking facilities in Tiburon
available to the Operator at no charge for the duration of the Agreement.
B. Within 10 days after the end of each month during the term of the Agreement, the Operator will provide a monthly statement (“Statement”) to TTP that includes detailed information setting forth (i) the number of tickets sold for the Services and the revenue derived therefrom for the prior month (“Monthly Revenue”), (ii) the total Revenue earned by the Operator
from the inception of the Services (“Total Revenue”), and (iii) the Operator’s operating costs
from the inception of the Services as agreed upon by the parties as a daily rate that will be inserted into the Agreement (“Total Cost”) and for the prior month. Each Statement shall be certified under penalty of perjury as true and correct by the Controller of the Operator. TTP shall promptly deliver copies of the Statements to the Town. All Statements shall be treated as proprietary
information of Operator, and shall only be released as required by state and/or federal law,
including, but not limited to the California Public Records Act.
C. To the extent that the Total Revenue has not equaled the Total Cost, the Town shall use funds provided under the Act to pay TTP an amount equal to 80% of the loss. Such payment shall be made within 30 days of the Town’s receipt of the Statement for the prior month in an
amount not to exceed the annual reimbursable amount of $149,000. TTP shall promptly pay such
amount to the Operator together with an amount equal to the remaining 20% of the loss, which will be provided by a group of the Town’s restaurants and retailers. If the Total Revenue equals or exceeds the Total Cost, no amounts shall be due from the Town.
D. The Town’s obligation to TTP shall not exceed the amount of $149,000 per 12-month period.
E. The Town shall have the right to require an annual audit or other examination of the Operator’s books and records to determine whether the Total Revenue and Total Cost has been accurately set forth in the Statements, and the cost of any such audit shall be reimbursed by either TTP or the Operator for the actual cost of any audit in an amount not to exceed $10,000 if the
Town reimburses the entire amount of $149,000 in the first year, or $298,000 at the conclusion of
the Agreement. If the Town reimburses less than the amounts previously stated on an annual basis, the Town shall be reimbursed up to $5,000 for each annual audit. If such audit or examination establishes that the Total Revenue has been understated, the Operator shall immediately reimburse the Town for 80% of the difference between the actual Total Revenue and the Total Revenue as
shown on the Statements.
F. The Operator shall indemnify the Town and TTP for any liability arising out of or related to the Services and shall maintain liability insurance with policy limits of at least $2,000,000 per occurrence. The insurance policy(ies) shall name TTP and the Town as additional insureds.
EXHIBIT 2
TOWN OF TIBURON PAGE 1 OF 3
STAFF REPORT
To: Mayor and Members of the Town Council
From: Department of Public Works
Subject: Consideration of Parks, Open Space and Trails Commission Recommended Changes to Existing Integrated Pest Management Policy.
Reviewed By: _________
Greg Chanis, Town Manager
________
Benjamin Stock, Town Attorney
SUMMARY Council will be considering proposed changes to the Integrated Pest Management Policy as recommended by the Parks, Open Space and Trails Commission (POST)
RECOMMENDED ACTION(S) Staff recommends that the Town Council:
Receive the Staff Report and Presentation, hear any public comment and:
1. Approve some or all changes to the current Integrated Pest Management Policy, or 2. If Council is not prepared to decide this matter this evening, they should direct staff to place the item on a future agenda and indicate what additional information is needed for Council to make decision.
BACKGROUND
In July 2014, as a requirement of the Town’s Municipal Stormwater Permit, the Town adopted an Integrated Pest Management Policy (IPM Policy) by Resolution in a 5-0 vote of Council.
As adopted, the 2014 IPM Policy allowed for the limited use of herbicide for the spot treatment
of weeds and invasive species, with the application of material typically done by spraying with a backpack sprayer. The 2014 IPM prohibited the use of any herbicide that is a Type A or B (known or probable) carcinogens, as well as mutagens and reproductive toxins. Based on this criteria, the 2014 IPM identified Round Up Pro as the product that could be used in the limited
circumstances outlined in the IPM.
In July 2017, subsequent to the adoption of the 2014 IPM, Round Up Pro was added to the California Proposition 65 list. Proposition 65 requires California to publish a list of chemicals known to cause cancer, birth defects or other reproductive harm. This list was first published in
1987, and must be updated at least once a year. It now includes over 900 chemicals. When
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting February 2, 2022
Agenda Item: AI-2
Town Council Meeting February 2, 2022
TOWN OF TIBURON PAGE 2 OF 3
Round Up Pro was added to the Proposition 65 list, staff immediately ceased using Round Up Pro, and instead, in limited circumstances utilized the product Lifeline instead. At the February 19, 2020 Council meeting, staff was asked to modify the approved policy to
match existing practice. This included identifying the herbicide Lifeline instead of Roundup Pro
as an approved material, and prohibiting the use of herbicide in picnic areas, Town Hall and at the Police Station. At the March 4, 2020 Town Council meeting, Town Council made additional changes to the IPM, adding the Corporation Yard and Highway 131 median to the list of areas requiring public notification prior to applying pesticide. The Town Council then adopted the
updated IPM Policy with those changes and referred it to POST for an information presentation
and discussion. The current IPM Policy is attached as Exhibit 1. At the July 21, 2020 POST Commission meeting, the commissioners heard an informational presentation from staff and requested that staff return this item back to POST with a comparison
to the County of Marin IPM, so the commission could review and discuss whether to request
further action or direction from the Town Council. Information regarding the County’s IPM is available on their website at: https://www.marincountyparks.org/projectsplans/ipm and the County list of allowed landscape pesticides is attached as Exhibit 2.
At the September 9, 2020 POST Commission meeting, POST requested Town Council to instruct
the Commission to undertake a review of the IPM and to provide suggested edits and updates to the policy. The POST Commission created a subcommittee to analyze the issue and the POST Commission discussed the matter at their March 16, 2021 and May 18, 2021 meetings. Attached as Exhibit 3 is a ‘Redline’ version of the IPM with POST’s recommended changes and attached
as Exhibit 4 is ‘Clean’ version of the POST recommended IPM.
Today, members of the POST subcommittee will present to Council a summary of the recommended changes to the IPM, with a copy of their presentation attached as Exhibit 5
ANALYSIS
Staff has reviewed the proposed changes and supports the revised policy as recommended by POST.
FISCAL IMPACT
Staff anticipates no direct fiscal impact to the Town. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of
the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3).
RECOMMENDATION
Staff recommends that the Town Council: Receive the Staff Report and Presentation, hear any public comment and:
Town Council Meeting February 2, 2022
TOWN OF TIBURON PAGE 3 OF 3
1. Approve some or all changes to the Adopted Integrated Pest Use Policy, or 2. If Council is not prepared to decide this matter this evening, they should direct staff to place the item on a future agenda and indicate what additional information is needed for
Council to make decision.
Exhibit(s): 1. Exhibit 1 – Town of Tiburon Approved IPM Policy 2. Exhibit 2 – County of Marin 2020 Allowed Landscape Pesticides 3. Exhibit 3 – Town of Tiburon POST Redline Changes to Approved IPM Policy 4. Exhibit 4 – Town of Tiburon POST Clean Version of Changes to Approved IPM Policy 5. Exhibit 5- POST Presentation Prepared By: David Eshoo, Associate Engineer
EXHIBIT 1
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TOWN OF TIBURON
INTEGRATED PEST MANAGEMENT POLICY
POLICIES AND PROCEDURES
Policy No.
Subject: Integrated Pest Management Policy
Resolution No.
Issue Date: March 23, 2020
Latest Revision Date: March 23, 2020
Prepared By: Tiburon Public Works Department
Approved By: Town Council, March 4, 2020
Introduction
The Town of Tiburon Public Works Department is committed to a comprehensive
Integrated Pest Management (IPM) program guiding the management of its parks,
landscaped areas and other public lands.
The purpose of this IPM program is to ensure and enhance the health, safety and welfare of citizens, visitors and Town staff by clearly defining the Town's pest
management strategy, the priorities for administering this strategy and the various
means by which these priorities may be realized. Public access to records and
information relating to the Town's pesticide use is an essential component of a
successful IPM program and the Town is fully committed to providing all pertinent
information to the public in a timely, comprehensive and understandable manner.
Additionally, it is the purpose and intent of this IPM policy to reduce reliance on and
minimize use of pesticides, as defined in Section 12753 of Chapter 2 of Division 7 of
the California Food and Agricultural Code which threaten water quality during Town operations and on Town property.
The Public Works Department realizes some pesticides are potentially hazardous to
. human health and the environment and shall administer this IPM program with a focus
on long term suppression of pest problems with minimal impact on human health, non-
target organisms and the environment. Least toxic pesticides are used only after
monitoring indicates such a need, pursuant to the provisions of this policy.
What is IPM
IPM is a decision-making process for managing pests to determine if pest injury levels
warrant treatment. It combines biological, cultural, mechanical, physical and/or
chemical tools and other management practices to control pests in a safe, cost effective
and environmentally sound manner that contributes to the protection of public health.
This method uses extensive knowledge about pests such as infestations, thresholds, life histories, environmental requirements and natural enemies to complement and
facilitate biological and other natural control of pests. IPM involves the use of
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nonchemical pest control methods and the careful use of least toxic chemical methods
when nonchemical methods have been exhausted or are not feasible. When IPM is
properly implemented chemical controls are used only as a last resort. They are used
as spot treatments and are chosen and timed to have the smallest negative impact on
non-target organisms and the environment. IPM does not have percentage cutbacks
and benchmarks in it, rather it states to monitor and use the least toxic methods to
reduce the pest to a manageable level.
Scope of IPM Policy
This policy governs not only Department of Public Works employees but also landscape
contractors hired by the Department and persons acting under the authority of the
Department in the care and maintenance of Town parks, medians, landscaped areas, and other essential public lands. Although it is understood that the term "pesticide" is a
general term that includes herbicides, insecticides, fungicides, rodenticides etc., the
primary focus of this policy is to address the Town's use of herbicides.
As the Town plans for the maintenance and rehabilitation of existing areas, specific
attention will be directed toward including specifications that eliminate or reduce the
need for chemical pesticides (e.g., mow strips next to fencing, covering all new planting
areas with mulch, etc.).
IPM Goals As used in this policy, a "Category I, "Category II," Category Ill" and "Category IV"
pesticide shall refer to a pesticide product that falls within the commensurate toxicity
category specified in Section 156.10 of Title 40 of the Code of Federal Regulations and
bearing on the front label panel the word Danger, Warning, or Caution, as required
therein.
IPM goals regarding pesticide selection and use shall include but not be limited to:
1. Elimination of Category I and II pesticides.
2. Minimization of Category Ill and IV pesticides.
3. Elimination of pesticides that are classified by government agencies as carcinogenic, reproductive toxicants (teratogems, mutagens), endocrine
disruptors, carbamates, organophosphates or ground water
contaminants.
4. The Town of Tiburon will use pesticides only when necessary and will select
a pesticide that is both effective and least toxic.
5. Playgrounds, picnic areas, Town Hall and the Police Station will be designated as pesticide free.
6. Compliance with the Phase II, MS4, NPDES Storm Water permit requirements
as outlined in F.5.f.9 (page 91 of permit)
The Director of Public Works has directed staff to implement these goals and
incorporate them into agreements with outside contractors.
Integrated Pest Management Coordinator
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The Superintendent of Public Works is designated the IPM Coordinator. The IPM
Coordinator is primarily responsible for implementing the IPM Policy and coordinating
efforts to implement IPM techniques within the Public Works Department. The
Coordinator is responsible for communicating goals and policy decisions to appropriate
Town staff and contractors, as well as ensuring proper training of all employees
involved with the IPM program and all contractors who perform landscape maintenance
on the Town's behalf. Only individuals designated by the IPM Coordinator as Pesticide Applicators shall be
permitted to apply pesticides on Town parks, landscaped areas, and other essential
public lands. Applicators shall possess a Qualified Applicator Certificate or Qualified
Applicator License, issued by the California Department of Pesticide Regulation.
Presently, two Public Works staff are "Qualified Applicators" certified to apply
pesticides.
The IPM Coordinator is responsible for ensuring that pesticide use is recorded and
making those records available for public review pursuant to this policy.
Additionally, the Town of Tiburon shall support MCSTOPPP to conduct public outreach
through the Our Water Our World program, monitor water and sediment for pesticides in urban creeks and keep the County Agricultural Commissioner informed of water
quality issues.
Guidelines for Pest Treatment Selection
The Town shall use the following factors to determine the appropriate treatment
strategy:
1. Pesticide to be applied
2. Area of treatment
3. Quantity applied
4. Date of Application 5. Least disruptive of natural controls
6. Least hazardous to human health and the general environment
7. Least toxic to non-target organisms
8. Cultural, biological and mechanical solutions have been considered
9. Prior treatments used to control the pest and an evaluation as to its success
10. Cost effectiveness in the short and long term A Guideline has been developed to select the best pesticide to use and is found on
page 8 of this policy.
Education and Training of Staff
Education and training of personnel is critical to the success of this IPM program. Employees involved in the maintenance of the Town parks, landscaped areas, and
other essential public lands or with purchasing, storage, handling and application of
pesticides shall receive all mandated and reasonable training required to perform
- 4 -
such work in an efficient and safe manner consistent with the provisions and intent
of this policy.
Continuing Education in IPM and training in the use of non-chemical methods of pest
control are important to a successful program. Landscape Division staff attend
continuing pesticide education through the Professional Applicators Pesticide Association, (PAPA) on a yearly basis to maintain application certification. Additionally,
the IPM Coordinator maintains all training records of qualified applicators. Page 12 is a
sample of the Employee Pesticide Safety Training Record all applicators are required to
complete.
The IPM Coordinator shall verify and document all contractors hired to perform IPM
related work on the Town's behalf have received appropriate education and training.
This documentation will be verified through state licenses and certifications.
The Public Works Department is dedicated to ensuring adequate funding and budget
planning to maintain training and educational opportunities for all employees.
Use of Alternatives to Herbicides
The Town is fully committed to the use of pesticide alternatives whenever practicable.
Currently, the Parks Division utilizes the application of mulch materials to discourage
weed growth and encourage plant health. The Town works with arborists and specifies the provision of mulch material generated in the course of the tree maintenance work to
be utilized by the Parks Division as a first line of defense against the proliferation of
weeds. Additionally, the Town also uses the tried and true methods of hand pulling, hoeing and weed whipping.
Criteria for Selection and Use of Herbicides
There shall be no non-exempt herbicide applications permitted within Town
playgrounds, picnic table areas, and on the grounds of Town Hall and the Police
Department. Herbicide applications shall not be permitted on turf areas except in the
maintenance of tree wells (a weed free zone around each tree), and certain landscape facilities (irrigation controllers, valve boxes, light fixture poles etc.).
It is understood that a completely weed free landscape environment is not a goal of IPM
to which the Town aspires. The Public Works Department shall maintain landscaped
areas as reasonably weed free to preserve the function and reasonable aesthetic
appearance of public areas and Town facilities. With this goal in mind and considering
the Parks Division staffing levels and ability to provide fundamental services, the Public
Works Department shall select herbicides of the least toxic formulation.
Herbicides shall be used only after all other non-pesticide means of weed control have
been utilized or have been determined to be not feasible in a particular application due
to site factors, ability of staff to provide a particular function or service, or other pertinent
factors. Application of herbicides shall comply with the provisions of this policy.
As with the criteria for selection and use of all pesticides, the selection and use criteria
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for herbicides shall conform to standard IPM principles. No product from the Approved
Use list shall contain any of the following:
• Pesticides classified as Toxicity Category I and Category II by the USEPA
• Carbonate (Car/Diox Gas) and organophosphate (Salts) pesticides
• Type A or B (known or probable) carcinogens, as well as mutagens and
reproductive toxins • Persistent bio accumulative toxic chemicals (PBT)
Approved Use Products
The only pesticide currently used by the Town of Tiburon is Round Up Pro LifeLine.
Other Toxicity Category Ill (Caution) herbicides may be used, if approved by the
Director of Public Works at the request of the IPM Coordinator, providing that the
requested herbicide complies with this policy. In addition, the Town does use yellow
jacket traps for their control.
As permitted by the Regional Water Quality Control Board, the Town also applies an
aquacide for control of cattails in the Town maintained Railroad Marsh. This application
will only take place during the months of October and September as to not disturb
nesting migratory bird populations.
The Town contracts with a pest control firm to control rats in the ferry terminal and
wharf area. The pesticide used is Diasonone, common name Eaton's bait block and
the active ingredient "diphacinone" (anticoagulant) is .005% in concentration. This
project is classified as a Category Ill "caution" pesticide.
Notification of Pesticide Applications
The Department of Public Works will advise the public of pesticide application by
posting notification 48 hours in advance. The locations requiring notification shall be maintained on a list (as Attachment A to this policy) and updated as necessary.
Notification shall be accomplished by posting signs at reasonable entry point locations.
Notices shall include the product name, EPA Registration # (if applicable), date(s) of
pesticide application, Public Works contact phone number and any other information
deemed necessary by the IPM Coordinator.
Record Keeping of Pesticide Applications
The IPM Coordinator shall be responsible for maintaining records of all pesticide
applications on Town property performed by the Department of Public Works, or by
contractors or persons authorized to apply pesticides on behalf of the Department of
Public Works. The Town shall maintain these records for a period of four years as
active files and 28 as inactive. Pesticide record information shall be made available to the public upon request. Application records shall include at least the following
information:
1. Date and Site of application
2. Target pest(s) and application method
3. Name of product and active ingredient of the pesticide(s) applied and EPA
registration number
- 6 -
4. Name of pesticide applicator and applicator identification number
5. Amount of product applied and pesticide signal word: warning, caution or danger.
The IPM Coordinator documents all applications on the State of California Monthly
Summary Pesticide Use Report, a sample of which is attached as page 9 and the local
form attached as page 11. In addition, IPM records shall include a list of all exemptions
granted, as well as the written justifications developed for the consideration of those
exemptions.
The Public Works Department shall strive to make this information available in a prompt
and efficient manner with the understanding that its provision is not only the legal right
of any member of the public but also a critical component of a successful IPM program.
Non-herbicidal Pesticide Use
The Town of Tiburon does not use non-herbicidal pesticides (insecticidal soaps) on any
of its grounds at the present time.
Should the IPM Coordinator determine a need for applying a non-herbicidal pesticide, a
recommendation and request shall be made to the Director of Public Works for
approval. The Director shall approve such requests only if the IPM Coordinator has
documented in writing: 1. A compelling need to use the pesticide
2. A good faith effort to find alternatives to the particular pesticide
3. That effective, economic alternatives to the particular pesticide do not exist for the proposed use
4. That the recommended pesticide is the least toxic pesticide available to control
the target pest.
The public notification provisions of this policy shall also govern the application of
non-herbicidal pesticides.
Exemption to This Policy
The Marin Sonoma Mosquito and Vector Control District is exempt from this policy to the
extent necessary to control biting and stinging insects such as yellow jackets, wasps,
mosquitoes and other similar pests.
In addition, the Town acknowledges that certain government agencies are not subject
to the Town's authority with respect to pesticides and thus are exempt from this policy.
- 7 -
Attachment A Locations requiring public notification for pesticide applications:
1. McKegney Green 2. Shoreline Park 3. Cypress Hollow Park 4. Zelinsky Park
5. Railroad Marsh
6. Teather Park 7. South of Knoll Park 8. Belveron Mini Park 9. Bel Aire Mini Park
10. Dairy Knoll 11. Open Space Areas 12. Highway 131 medians 13. Corporation Yard
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Town of Tiburon Public Works Department
Guideline and Check List
Pest Control Treatment Selection
Guidelines
Chemical to be applied _
Area of treatment
Quantity applied _
Date of application _
Least disruptive of natural controls?
Least hazardous to human health?
Least toxic to non target organisms?
Least damaging to the general environment Cultural, biological and mechanical solutions
have been considered.
Prior treatments used to control the pest and
an evaluation as to its success.
Cost effectiveness in the short and long term.
Yes No Alternates
STATE OF CALIFORNIA MONTHLY SUMMARY PESTICIDE USE REPORT
DPR-ENF-060 (REV. 4-12) PAGE 1 OF 2
INSTRUCTIONS FOR COMPLETING THIS
FORM ARE INDICATED BELOW AND ON THE REVERSE SIDE
DEPARTMENT OF PESTICIDE REGULATION ENFORCEMENT BRANCH
OPERATOR (FIRM NAME) lADDRESS CITY IZIPCODE PHONE NUMBER
OPERATOR ID/PERMIT NUMBER 'LICENSE NUMBER COUNTY WHERE APPLIED COUNTY NUMBER MONTH/YEAR OF USE TOTAL NUMBER OF APPLICATIONS
1. Complete Columns A, B, C, and D for All Users 2. Complete Column Eby using one of the following codes:
Code 1o - Structural Pest Control. ....................................includes any pest control work performed within or on buildings and other structures. Code 30 - Landscape Maintenance Pest Control. ........... includes any pest control work performed on landscape plantings around residences or other buildings, golf courses, parks, cemeteries, etc.
Code 40 - Right-of-Way Pest Control. ............................. includes any pest control work performed along roadsides, power lines, median strips, ditch banks, and similar sites. Code 50 - Public Health Pest Control. ............................. includes any pest control work performed by or under contract with State or local public health or vector control agencies. Code 80 - Vertebrate Pest Control. .................................. includes any vertebrate pest control work performed by public agencies or work under the supervision of the State or county agricultural commissioner.
Code 91 - Commodity Fumigation (NonfoodlNonfeed) ..... includes fumigation of nonfood/nonfeed commodities such as pallets, dunnage, furniture, burlap bags, etc.
Code 100 - Regulatory Pest Control. ............................... includes any pest control work performed by public employees or contractors in the control of regulated pests.
3. Complete Columns F and G, if use does not fit one of the above codes
\
REPORT PREPARED BY_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(0 Distribution: CAC - Two copies; Report preparer - One copy
DATE ----------- Print Form ]
A B C D E F G
MANUFACTURER AND NAME OF PRODUCT APPLIED EPA/CALIFORNIA REGISTRATION NUMBER FROM LABEL INCLUDE ALPHA CODE TOTAL PRODUCT USED (Check One Unit of Measure) NUMBER OF APPLICATIONS CODE COMMODITY OR SITE TREATED ACRES/UNITS TREATED
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LB oz PT QT GA
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LB oz PT QT GA
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LB oz PT QT GA
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GENERAL INFORMATION FOR COMPLETING THE MONTHLY SUMMARY PESTICIDE USE REPORT
(Page 2 of 2) Reporting Requirements
Reporting of all pesticide applications including spray adjuvants and plant growth regulators, is required by: 1. Landscape maintenance gardener pest control businesses, agricultural pest control businesses performing residential work, and structural
pest control businesses.
2. Public agencies, pest control businesses and property operators who apply pesticides for agricultural use other than for the production of an agricultural commodity. These uses include applications for the production of poultry, fish, and apiary. Pest control businesses must report uses
for the production of livestock. Also, uses on golf courses, parks, rights-of-way, cemeteries, forests, ditches, fence lines, etc. must be reported.
3. Persons who use restricted materials for uses other than the production of an agricultural commodity. 4. Persons who use a pesticide for industrial post-harvest commodity treatments.
5. Persons who use a Ground Water Protection pesticide, listed in Title 3, California Code of Regulations, section 6800(b) for any outdoor,
institutional or industrial use.
Report Filing Deadlines Submit two (2) copies of this report to the county agricultural commissioner by the 10th of the month, following the month in which the work was
performed. Reports may be hand-delivered or mailed, the postmark serving as the date of delivery. Retain a copy for your records.
For each month when no pest control work has been performed, licensed pest control businesses must submit a use report by the 10th day of
the following month to the county agricultural commissioner in counties where they are registered. The use report must indicate that no pest control work was performed.
SPECIFIC INSTRUCTIONS FOR COMPLETING THE FACE PAGE
The operator/firm information should be filled out completely, including the address, ZIP code, and telephone number.
Identify the Operator Identification/Restricted Material Permit Number, if applicable.
Enter the name of the county where the pesticide(s) was applied.
Indicate the county number where the product(s) was applied. The county number is available from the county agricultural commissioner's
office. A separate report must be filed for each county where pesticides were applied.
Enter the month and year in which the applications were made. Enter the total number of applications (i.e., the total of column D below) made during the month.
In Column A, enter both the manufacturer and brand name of the product.
In Column B, enter the "EPA Registration Number" or "California Registration Number'' that appears on the pesticide label, including alpha codes, if any (AA, ZA, ZB, etc.). Do not use the "EPA Establishment Number'' (Est. No.).
In Column C, indicate the total amount of product used as formulated and packaged by the manufacturer. Do not report the total mixture after
dilution. Check only one unit of measure. If necessary, decimals and fractions may be used.
In Column D, indicate the total number of applications for each pesticide used during the reporting month. Each separate site (home, apartment
complex, building, right-of-way, grain silo, etc.) should be counted as one application. For tank mixes, each represented pesticide should be
credited with one application.
In Column E, if the use of the product is structural, landscape, right-of-way, vertebrate, public health, commodity fumigation (nonfood/nonfeed)
or regulatory, enter the appropriate code number. Leave Columns F and G blank ,
In Column F, if use of the product is n.o1included in one of the number coded categories that are identified in column E, such as food/feed commodity fumigations, seed treatment, noncrop fencelines or ditch banks, etc., enter the commodity or site treated. Leave Column E blank.
Do not enter vertebrate pest control work in production areas such as orchards or other crop areas. This work should be reported on the
Production Agriculture Monthly Pesticide Use Report.
In Column G, if use of the product is not included in one of the number-coded categories that are identified in Column E, enter the amount
treated and the appropriate unit of measure (acres, pounds, square feet, tons, etc.). If you have a different measure, describe it fully and enter
the amount treated. Leave Column E blank
Enter the name of the person responsible for completing the information, and date the report. This could be a licensee, a manager, the person
who applied the pesticide, a bookkeeper, etc.
TOWN OF TIBURON PUBLIC WORKS DEPARTMENT
PESTICIDE USE REPORT FORM (SEE STATE FORMS)
Date Location Target Est. Product Name Applicator Name and Amount/oz. used
Pest Time and EPA# application method and SF covered
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DEPARTMENT OF PESTICIDE REGULATION
PEST MANAGEMENT AND LICENSING BRANCH
LICENSING AND CERTIFICATION PROGRAM
P.O. BOX 4015
SACRAMENTO, CA 95812-4015
(916) 445-4038
E-Mail: LicenseMail@cdpr.ca.gov
Web site: http://www.cdpr.ca.gov
STATE OF CALIFORNIA
CONTINUING EDUCATION RECORD RENEWAL SUMMARY
DPR-PML-123 (Rev. 7/18)
INSTRUCTIONS
CE HOURS COMPLETED
1.For each approved course completed, enter the following: title; DPR course I.D. number; location; date(s) attended; and
hours completed. In the boxes located in the bottom right-hand corner, enter the total number of continuing education (CE)
hours you have completed for the current renewal period. If you are using a document other than this form as proof of your CE
hours, you must provide the same information. Your CE record summary must be returned with your renewal application. If the
information on this form or the document you submit is incomplete, the processing of your renewal will be delayed.
2. Do not submit application and fee unless all required CE hours have been completed. If you fail to complete the required
minimum CE hours by December 31 of your expiration year, you will be required to re-examine in laws and regulations, as well
as all categories you held. A person who violates California's pesticide laws and regulations including making a false or fraudulent statement, record, report, or use any fraud or misrepresentation with meeting any license requirement is subject to
penalties up to $5,000 per violation; this includes falsifying a CE record.
APPLICANT NAME CERTIFICATE/LICENSE TYPE CERTIFICATE/LICENSE NUMBER
CONTINUING EDUCATION COURSE INFORMATION La
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COURSE TITLE DPR COURSE ID NUMBER
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LOCATION (City and State) DATE(S) ATTENDED
COURSE TITLE DPR COURSE ID NUMBER
LOCATION (City and State) DATE(S) ATTENDED
COURSE TITLE DPR COURSE ID NUMBER
LOCATION (City and State) DATE(S) ATTENDED
COURSE TITLE DPR COURSE ID NUMBER
LOCATION (City and State) DATE(S) ATTENDED
COURSE TITLE DPR COURSE ID NUMBER
LOCATION (City and State) DATE(S) ATTENDED
COURSE TITLE DPR COURSE ID NUMBER
LOCATION (City and State) DATE(S) ATTENDED
COURSE TITLE DPR COURSE ID NUMBER
LOCATION (City and State) DATE(S) ATTENDED
TOTAL CE HOURS
EXHIBIT 2
Line #Product (Trade Name)Active Ingredient Type Signal Word EPA Reg #Derivation Primary Use Use Limitations Notes
Organic Certification?Minimum Risk aka Eco Exempt?Ground-water Prop 65 EPA Carcinogenicity
1 Agri-fos Phosphorous acid, SF Fungicide Caution 71962-1 Synthetic No No No No No Sudden Oak Death (SOD) treatment
To only be used on high value trees in high risk areas that pose a
threat if failure occurs. Not for use on wild land trees.
2 Avenger AG d-limonene 60%Herbicide Caution 82052-4 Natural Yes No No No No
Non-selected, post-emergent burndown herbicide used to control weeds, grasses, and broadleaves This product replaces Green Match
3 Azaguard Azadirachtin Insecticide Caution 70299-17 Natural Yes No No No No Control of indoor and outdoor pests Acts as a repellent, antifeeding, and inference with molting.
4 Civitas Mineral oil
Herbicide - should read
Fungicide/Insecticide in 2019 Caution 69526-13 Synthetic Yes No No No No
Fungicide and Insecticide for turf on golf
courses, sports andathletic fields
5 Companion Bacillus subtilis Fungicide Caution 71065-3 Natural Yes No No No No To improve health and vigor of turf grass at the golf course
Used on a regular basis to reduce
the need for more toxic approaches to disease control
6 Competitor Ethyl oleate Surfactant Caution CA 2935-50173 Natural No No No No No Used as a surfactant
This is a non-chemical product not
regulated by the EPA
7 Dipel Pro DF Bacillus thuringiensis Insecticide Caution 73049-39 Natural Yes No No No No
Used on golf course and sports turf to
control sod web worms
Grubs also attract crows and skunks which in turn tear up the turf while
looking for tasty morsels
8 Envoy Plus Clethodim Herbicide Caution 59639-132 Synthetic No No No No No
Used in areas where Goat grass has been
difficult to eradicate
9 Liberate Lecithin, alcohol ethoxylate Surfactant Caution CA 34704-50030-AA Natural No No No No No Use with Aquamaster and other materials needing a surfactant
10 Pentra-bark Polyethylene glycol, SF Surfactant Caution CA 83416-50001-AA Synthetic No No No No No Surfactant for Agri-fos, used in combination for SOD treatment
To only be used on high value
trees in high risk areas that pose a threat if failure occurs. Not for use on wild land trees
11 PT Wasp Freeze II Prallethrin Insecticide Caution 499-550 Synthetic No No No No No
Emergency wasp nest destruction for spray treatment of in ground or aerial wasp nest
posing significant hazard to public
Four day pre-notice does not apply
EU Endocrine Disruptor
12 Reliant Phosphoric acid Fungicide - SOD Caution 83416 Synthetic No No No No No
Similar fungicide to Agri-fos but manufactured by a different
company
13 Safari 20 SG Dinotefuran Insecticide Caution 33657-16-59639 Synthetic No No No No No
For use on insect populations when natural predators, OMRI or neem oil based products have not been successful Foliar and systemic insect control in ornamental plants
14 Sluggo Iron phosphate SF, EW, OW Molluscicide Caution 67702-3 Synthetic Yes No No No No Used as nail and slug bait for landscapes
15 Specticle FLO indazilflam Herbicide None 432-1518 Synthetic No No No No No
Used for the control of annual grasses,
sedges, and broadleaf weeds
Pre-emergent herbicide Less toxic
alternative to Gallery
16 Tri Tek
Unsulfonated residue of mineral
oil Insecticide Caution 48813-1 Natural Yes No No No No
Used to control mite and insect pests in the
egg stages, including spider mites, armored scale, soft scale, mealy bugs, psyllids,
whiteflies, and aphids
17 Agro Gold WS Bacillus megaterium Herbicide None Eco-Exempt (FIFRA 25b)Natural Yes: WSDA Certified Organic Yes No No No Used for the control of annual grasses, sedges, and broadleaf weeds
18 Weed Slayer
Eugenol, Water
Molasses Herbicide None Eco-Exempt (FIFRA 25b)Natural Yes: WSDA Certified Organic Yes No No No Used for the control of annual grasses, sedges, and broadleaf weeds
19
Essentria Wasp and
Hornet Spray
1.50%
Peppermint oil,
0.15% Sodium
lauryl sulfate Insecticide Caution
Eco-Exempt (FIFRA
25b)Synthetic No Yes No No No
Emergency wasp nest destruction for spray treatment of in ground or aerial wasp nest
posing significant hazard to public
Line #Product (Trade Name)Active Ingredient Type Signal Word EPA Reg #Derivation Primary Use Use Limitations Notes
Organic Certification?Minimum Risk aka Eco Exempt?Ground-water Prop 65 EPA Carcinogenicity
1 Suppress Caprylic acid, capric acid Herbicide Warning 51517-9 Synthetic Yes No No No No Non-selective, post emergent foliar applied burndown for weeds and grasses
2 Safer Soap
Potassium salts of
fatty acids, ethyl
alcohol, SF, OW Insecticide Warning 42697-59 Natural Yes No No No No
Civic Center Atrium and certain landscape
plants Concentrated form
3 Finalsan-O
Ammoniated soap of
fatty acids Herbicide Warning 67702-34-70051 Natural Yes No No No No
Non-selective foliar applied for weed,
grass, algae and moss
On Lists
Marin County Parks 2020 Allowed Landscape Pesticides
Marin County Parks 2020 Special Use Landscape Pesticides
On Lists
Page 1 of 2
Line #Product (Trade Name)Active Ingredient Type Signal Word EPA Reg #Derivation Primary Use Use Limitations Notes
Organic Certification?Minimum Risk aka Eco Exempt?Ground-water Prop 65 EPA Carcinogenicity
On Lists
4 Finalsan Ammoniated soap of fatty acids Herbicide Warning 67702-8 Natural Yes No No No No Non-selective foliar applied for weed, grass, algae and moss
A potential alternative to
glyphosate; potential to cause ocular injury to applicators
5 Drione
Pyrethrin and
piperonyl butoxide Insecticide Caution 432-992 Synthetic No No No No Possible
For treatment of wasp nest posing
significant hazard to public
Emergency wasp nest destruction; very limited use when WaspFreeze
is ineffective
6 Fusilade II Fluazifop-P-butyl Herbicide Caution 100-1084 Synthetic No No No Yes No
Used to reduce Bermuda grass in
landscapes with high value plantings; also used in areas where Goat grass has been difficult to eradicate
7 Heritage Azoxystrobin Fungicide Caution 100-1093 Synthetic No No No No No
Used for control of anthracnose, brown patch, Fusarium patch, gray snow mold,
and Phythium blight at McInnis GC Special use due to aquatic toxicity
All public meetings and events sponsored or conducted by the County of Marin are held in accessible sites. Requests for accommodations may be made by calling (415) 473-4381 (Voice/TTY/CRS dial 711) or by e-mail at disabilityaccess@marincounty.org at least five work days in advance. Copies of documents are available in alternative f
Page 2 of 2
EXHIBIT 3
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Contents
TOWN OF TIBURON INTEGRATED PEST MANAGEMENT POLICY .......................................... 2
I. Introduction ................................................................................................................................... 2
II. Purpose ........................................................................................................................................ 2
III. What is IPM ................................................................................................................................... 2
IV. Scope and Application of IPM Policy ..................................................................................... 33
V. IPM Policy .................................................................................................................................. 33
VI. Integrated Pest Management Coordinator ............................................................................... 44
VII. IPM Implementation ................................................................................................................... 55
A. IPM Planning ........................................................................................................................... 55
B. Treatment ................................................................................................................................ 55
1) Treatment Selection and Timing Criteria ............................................................................. 55
2) Treatment Strategies – ....................................................................................................... 65
C. Education and Training of Staff ............................................................................................. 76
D. Use of Alternatives to Pesticides .......................................................................................... 77
E. Criteria for Selection and Use of Herbicides ........................................................................ 77
1) Chemical Prohibitions for the Pesticide List .................................................................. 88
F. Notification of Pesticide Applications .................................................................................... 99
G. Record Keeping of Pesticide Applications ........................................................................... 99
1) Non-herbicidal Pesticide Use ........................................................................................ 1010
VIII. Exemption to This Policy ....................................................................................................... 1010
IX. Attachment A ......................................................................................................................... 1111
X. Attachment B Definitions ......................................................................................................... 1212
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TOWN OF TIBURON INTEGRATED PEST
MANAGEMENT POLICY
POLICIES AND PROCEDURES
Policy No.
Subject: Integrated Pest Management Policy
Resolution No.
Issue Date: March 23, 2020
Latest Revision Date: March 23, 2020
Prepared By: Tiburon Public Works Department
Approved By: Town Council, March 4, 2020
I. Introduction
The Town of Tiburon Public Works Department is committed to a comprehensive Integrated
Pest Management (IPM) program policy guiding the management of its parks, landscaped areas
and other public lands.
II. Purpose
The purpose of this IPM program policy is to ensure and enhance the health,
safety and welfare of citizens, visitors and Town staff by clearly defining the
Town's pest management strategy, the priorities for administering this strategy
and the various means by which these priorities may be realized. Public access to
records and information relating to the Town's pesticide use is an essential
component of a successful IPM program policy and the Town is fully committed to
providing all pertinent information to the public in a timely, comprehensive and
understandable manner.
Additionally, it It is the purpose and intentgoal of this IPM policy to reduce reliance
on and minimize reduce use of pesticides, as defined in Section 12753 of Chapter 2
of Division 7 of the California Food and Agricultural Code which threaten water
quality during Town operations and on Town property. The goal of the Town of
Tiburon IPM policy is to utilize the most environmentally sound approaches to pest
management, and to reduce the volume and toxicity of chemical pest control
treatments.
The Public Works Department realizes the use of some pesticides are can be potentially
hazardous to human health and the environment and shall administer this IPM program
policy with a focus on long term suppression of pest problems with minimal impact on
human health, non- target organisms and the environment. Least toxic pesticides are
used only after monitoring indicates such a need, pursuant to the provisions of this policy.
II.III. What is IPM
IPM is a decision-making process for managing pests to determine if pest injury levels
warrant treatment. It combines biological, cultural, mechanical, physical and/or
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chemical tools and other management practices to control pests in a safe, cost effective
and environmentally sound manner that contributes to the protection of public health.
This method uses extensive knowledge about pests such as infestations, thresholds,
life histories, environmental requirements and natural enemies to complement and
facilitate biological and other natural control of pests. IPM involves the use of
nonchemical pest control methods and the careful use of least toxic chemical methods
when nonchemical methods have been exhausted or are not feasible. When IPM is
properly implemented chemical controls are used only as a last resort. They are used
as spot treatments and are chosen and timed to have the smallest negative impact on
non-target organisms and the environment. IPM does not have percentage cutbacks
and benchmarks in it, rather it states to monitor and use the least toxic methods to
reduce the pest to a manageable level.
III.IV. Scope and Application of IPM Policy
This policy governs not onlythe Tiburon Department of Public Works employees but
alsoand landscape contractors hired by the Department and persons acting under the
authority of the Department in the care and maintenance of Town parks, medians,
landscaped areas, open spaces, and other essential public lands. Although it is
understood that the term "pesticide" is a general term that includes herbicides,
insecticides, fungicides, rodenticides etc., the primary focus of this policy is to address
the Town's use of herbicides.
As the Town plans for the maintenance and rehabilitation of existing areas, specific
attention will be directed toward including specifications that eliminate or reduce the
need for chemical pesticides (e.g., mow strips next to fencing, covering all new planting
areas with mulch, etc.).
IV.V. IPM GoalsPolicy
As used in this policy, a "Category I, "Category II," Category Ill" and "Category IV"
pesticide shall refer to a pesticide product that falls within the commensurate toxicity
category specified in Section 156.10 of Title 40 of the Code of Federal Regulations and
bearing on the front label panel the word Danger, Warning, or Caution, as required
therein.
IPM goals regarding pesticide selection and use shall include but not be limited to:
1) Assume that all pesticides (organic and conventional) are potentially harmful to the health
of humans and the environment (ex. water quality and non-target species);
2) Adhere to the tenets of IPM including focusing on long-term pest prevention or
suppression, giving preference to reasonable non-pesticide alternatives such as cultural,
mechanical and/ or biological control.
3) Designate an IPM Coordinator to monitor and assess pest populations, advise and
oversee citywide IPM planning and pest management activities and contracts; and keep
record of and report on city IPM activities.
4) Pursue an organizational structure that allows the IPM Coordinator to make
recommendations on pest control that are independent of divisional operational
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constraints.
5) Ensure consistency and full compliance with federal, state and county regulatory
requirements related to pest control.
6) Elimination of Category I and II pesticides and Minimization of Category Ill and IV
pesticides.
7) Minimization of Category Ill and IV pesticiElimination of pesticides that are classified
by government agencies as carcinogenic, reproductive toxicants (teratogems,
mutagens), endocrine disruptors, carbamates, organophosphates or ground water
contaminants.
8) Compliance with the Phase II, MS4, NPDES Storm Water permit requirements as
outlined in F.5.f.9 (page 91 of permit)
9) Contract with pest control contractors that utilize least-toxic pest control methodology and
ensure contracts have language that upholds the IPM Policy and identifies damages for
any violations of the Policy.
10) Use pesticide risk assessment guidelines and approved list of pesticides employed by the
County of Marin to create and annually maintain a list of reduced-risk pesticides, and
associated limitations for use, which may be applied as necessary within the Town of
Tiburon.
11) Use a transparent pesticide use exemption process to justify variance from pesticide use
restrictions and limitations. Exemptions shall only be considered when addressing health
and safety issues, noxious pests, and/ or to test new reduced-risk pesticide products.
12) Promote public transparency and education via noticing of all pest management activities,
engaging residents with outreach and education regarding less toxic pest control
methodology, and annual reporting to POST commission and Town Council.
1) All playgrounds, picnic areas, Town Hall and the Police Station will be
designated as pesticide free.
1. Elimination of Category I and II pesticides.
2.1. Minimization of Category Ill and IV pesticides.
3.1. Elimination of pesticides that are classified by government agencies
as carcinogenic, reproductive toxicants (teratogems, mutagens),
endocrine disruptors, carbamates, organophosphates or ground water
contaminants.
4. The Town of Tiburon will use pesticides only when necessary and will select
a pesticide that is both effective and least toxic.
5. Playgrounds, picnic areas, Town Hall and the Police Station will be
designated as pesticide free.
6. Compliance with the Phase II, MS4, NPDES Storm Water permit requirements
as outlined in F.5.f.9 (page 91 of permit)
The Town Manager, or their designee has directed staff to implement these
goals and incorporate them into agreements with outside contractors.
V.VI. Integrated Pest Management Coordinator
The Superintendent of Public Works is designated the IPM Coordinator. The IPM
Coordinator is primarily responsible for implementing the IPM Policy and coordinating
efforts to implement IPM techniques within the Public Works Department. The
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Coordinator is responsible for communicating goals and policy decisions to appropriate
Town staff and contractors, as well as ensuring proper training of all employees
involved with the IPM program and all contractors who perform landscape maintenance
on the Town's behalf.
Only individuals designated by the IPM Coordinator as Pesticide Applicators shall be
permitted to apply pesticides on Town parks, landscaped areas, and other essential
public lands. Applicators shall possess a Qualified Applicator Certificate or Qualified
Applicator License, issued by the California Department of Pesticide Regulation.
Presently, two Public Works staff are "Qualified Applicators" certified to apply
pesticides.
The IPM Coordinator is responsible for ensuring that pesticide use is recorded and
making those records available for public review pursuant to this policy.
Additionally, the Town of Tiburon shall support MCSTOPPP to conduct public outreach
through the Our Water Our World program, monitor water and sediment for pesticides
in urban creeks and keep the County Agricultural Commissioner informed of water
quality issues.
VI.VII. IPM Implementation
The Town of Tiburon assumes that all pesticides are potentially hazardous to human and
environmental health. Therefore, reasonable non-pesticide alternatives shall be given
preference over chemical controls, by following this implementation process. Town staff will
evaluate alternatives to chemical treatment, including the cost-effectiveness of the treatments.
The following process shall be followed for all pest control activities:
A. IPM Planning
ID, Map, Monitor - The IPM SpecialistCoordinator and the Department of Public Works
shall collect baseline data on the pest ecosystem(s) to determine pest population(s)
occurrence, size, density and presence of any natural enemy population(s); gather
information on pest biology and different control techniques available; and document
sensitive areas and conditions that may limit control options. Data shall be collected in a
standardized manner that is repeatable.
Ranking, inventory, mapping, monitoring and evaluation are methods used for
determining pest management priorities. Maps and inventories depict infestations in
terms of pest species, size, location and threats to resources. IPM SpecialistCoordinator
shall monitor infestations or pest populations and evaluate treatments over time to
assess the effectiveness of various treatment strategies and their effects on target and
non-target organisms. GIS mapping software may be a useful tool to database pest
occurrence and track problem areas.
Establish Thresholds - To determine if treatment is warranted, an acceptable threshold
level of treatment for each target pest and site should be established. In some instances,
treatment may be required by federal or state law or address the concerns of citizens.
B. Treatment
1) Treatment Selection and Timing Criteria
- 6 -
Upon determining that treatment is necessary, the following criteria should be used to
help select the appropriate IPM treatment strategy:
Least-disruptive of existing biological controls
Least-hazardous to human health, including applicator
Least-toxic to non-target organisms
Least-damaging to the general environment
If pesticides are used, consistent with the Reduced-Risk Pesticide list
Most likely to produce a permanent reduction in the environment's ability to support
target pests
Cost-effectiveness in the short- and long-term
2) Treatment Strategies –
The IPM SpecialistCoordinator will evaluate and select appropriate and effective treatments
based on site-specific requirements. Commitment to the most environmentally sound approach
is expected, with non-chemical methods considered first. Prevention, cultural control,
mechanical control, biological control and chemical control are the techniques used in IPM. In
general, a combination of treatments is more effective than a single approach. The following
treatments are listed in the order in which they should be executed:
Prevention - This is the most effective pest management strategy. By reducing the
capacity of the ecosystem to support target pest populations through design and
appropriate management, the opportunities for pest establishment can be reduced or
eliminated.
Cultural - Cultural control is the use of management activities that prevent pests from
developing due to enhancement of desired conditions. Examples include: Selection and
placement of materials that encourages pest enemies and competitors, modification/
removal of pest habitat to reduce pest harborage, food supply and other life support
requirements, vegetation management, Waste management and proper food storage,
barriers and traps, heat, cold, humidity, desiccation or light applied to affected regions.
Mechanical - Mechanical control is accomplished by using physical methods or
mechanical equipment to control pest infestations.
Biological - Biological controls include the introduction or enhancement of natural
predator populations to target pests. Introduction of non-indigenous organisms has an
associated risk factor and should be thoroughly evaluated prior to implementation and be
consistent with county, state and federal regulation.
Chemical – Chemical control includes the application of reduced-risk pesticides to kill
target pests.
The Town shall use the following factors to determine the appropriate treatment
strategy:
1. Pesticide to be applied
2. Area of treatment
3. Quantity applied
4. Date of Application
5. Least disruptive of natural controls
6. Least hazardous to human health and the general environment
- 7 -
7. Least toxic to non-target organisms
8. Cultural, biological and mechanical solutions have been considered
9. Prior treatments used to control the pest and an evaluation as to its success
10. Cost effectiveness in the short and long term
A Guideline has been developed to select the best pesticide to use and is found
on page 8 of this policy.
A.C. Education and Training of Staff
Education and training of personnel is critical to the success of this IPM program.
Employees involved in the maintenance of the Town parks, landscaped areas, and
other essential public lands or with purchasing, storage, handling and application of
pesticides shall receive all mandated and reasonable training required to perform
such work in an efficient and safe manner consistent with the provisions and intent
of this policy.
Continuing Education in IPM and training in the use of non-chemical methods of pest
control are important to a successful program. Landscape Division staff attend
continuing pesticide education through the Professional Applicators Pesticide
Association, (PAPA) on a yearly basis to maintain application certification. Additionally,
the IPM Coordinator maintains all training records of qualified applicators. Page 12 is a
sample of the Employee Pesticide Safety Training Record all applicators are required to
complete.
The IPM Coordinator shall verify and document all contractors hired to perform IPM
related work on the Town's behalf have received appropriate education and training.
This documentation will be verified through state licenses and certifications.
The Public Works Department is dedicated to ensuring adequate funding and budget
planning to maintain training and educational opportunities for all employees.
B.D. Use of Alternatives to Herbicides Pesticides
An IPM Program approach The Town is fully committed to the use of pesticide
alternatives whenever practicable. Currently, the Parks Division utilizes the application
of mulch materials to discourage weed growth and encourage plant health. The Town
works with arborists and specifies the provision of mulch material generated in the
course of the tree maintenance work to be utilized by the Parks Division as a first line of
defense against the proliferation of weeds. Additionally, the Town also uses the tried
and true methods of hand pulling, hoeing and weed whipping.
C.E. Criteria for Selection and Use of Herbicides
There shall be no non-exempt herbicide pesticide applications permitted within Town
playgrounds, picnic table areas, and on the grounds of Town Hall and the Police
Department. Herbicide applications shall not be permitted on turf areas except in the
- 8 -
maintenance of tree wells (a weed free zone around each tree), and certain landscape
facilities (irrigation controllers, valve boxes, light fixture poles etc.).
It is understood that a completely weed free landscape environment is not a goal of IPM
to which the Town aspires. The Public Works Department shall maintain landscaped
areas as reasonably weed free to preserve the function and reasonable aesthetic
appearance of public areas and Town facilities. With this goal in mind and considering
the Parks Division staffing levels and ability to provide fundamental services, the Public
Works Department shall select herbicides of the least toxic formulation from the list
managed by the County of Marin.
Herbicides Pesticides shall be used only after all other non-pesticide means of weed
control have been utilized or have been determined to be not feasible in a particular
application due to site factors, ability of staff to provide a particular function or service,
or other pertinent factors as outlined in Section VII B 3 Application Strategies..
Application of herbicides pesticides shall comply with the provisions of this policy.
As with the criteria for selection and use of all pesticides, the selection and use criteria
for herbicides shall conform to standard IPM principles. No product from the Approved
Use list shall contain any of the following:
• Pesticides classified as Toxicity Category I and Category II by the USEPA
• Carbonate (Car/Diox Gas) and organophosphate (Salts) pesticides
• Type A or B (known or probable) carcinogens, as well as mutagens and
reproductive toxins
• Persistent bio accumulative toxic chemicals (PBT)
1) Chemical Prohibitions for the Pesticide List
Except as noted under the special use category, pesticides included in the pesticide
list shall not contain ingredients identified in the following sources: Products listed as Toxicity Category I or II.
California's Proposition 65 list (the Safe Drinking Water and Toxic
Enforcement Act of 1986, materials known to the State to cause cancer or
reproductive or developmental toxicity).
California's Department of Pesticide Regulation groundwater protection list
(Food and Agricultural Code 13145(d)).
Organophosphates, or organochlorines, or carban1ates listed by the United States
Environmental Protection Agency (Office or Pesticides Progran1S, Document
735-F-99-14, May 1999), or California Environmental Protection Agency,
Department of Pesticide Regulation Chemical Inquiries Database.
A known carcinogen, probable carcinogen, or possible carcinogen by the United
States Environmental Protection Agency as per "List of Chemicals Evaluated for
Carcinogenic Potential".
Any known endocrine disruptor listed by the United States
Environmental Protection Agency or the European Union, Endocrine
Disruptors website
- 9 -
Special Use Pesticide Category
There may be circumstances when it is necessary to a use a pesticide that does
not meet the criteria for use. The pesticide list may include these special use
categories of materials that are considered critical to the protection of public
health, the environment, wildlife, safety, or the preservation of town property.
These materials will only be used in conjunction with an IPM program where
there are no feasible alternatives. These products will be identified on the
pesticide list which will specify:
The particular criteria that is inconsistent with the aforementioned criteria, the specific circumstances and conditions for which the product may be used, the method of application, and how the site is to be managed to preclude potential exposure.
Approved Use Products
The only pesticide currently used by the Town of Tiburon is Round Up Pro LifeLine.
Other Toxicity Category Ill (Caution) herbicides may be used, if approved by the
Director of Public Works at the request of the IPM Coordinator, providing that the
requested herbicide complies with this policy. In addition, the Town does use yellow
jacket traps for their control.
As permitted by the Regional Water Quality Control Board, the Town also applies an
aquacide for control of cattails in the Town maintained Railroad Marsh. This application
will only take place during the months of October and September as to not disturb
nesting migratory bird populations.
The Town contracts with a pest control firm to control rats in the ferry terminal and
wharf area. The pesticide used is Diasonone, common name Eaton's bait block and
the active ingredient "diphacinone" (anticoagulant) is .005% in concentration. This
project is classified as a Category Ill "caution" pesticide.
D.F. Notification of Pesticide Applications
The Department of Public Works will advise the public of pesticide application by
posting notification 48 hours in advance. The locations requiring notification shall be
maintained on a list (as Attachment A to this policy) and updated as necessary.
Notification shall be accomplished by posting signs at reasonable entry point locations.
Notices shall include the product name, EPA Registration # (if applicable), date(s) of
pesticide application, Public Works contact phone number and any other information
deemed necessary by the IPM Coordinator.
E.G. Record Keeping of Pesticide Applications
The IPM Coordinator shall be responsible for maintaining records of all pesticide
applications on Town property performed by the Department of Public Works, or by
contractors or persons authorized to apply pesticides on behalf of the Department of
Public Works. The Town shall maintain these records for a period of four years as
active files and 28 as inactive. Pesticide record information shall be made available to
- 10
the public upon request. Application records shall include at least the following
information:
1. Date and Site of application
2. Target pest(s) and application method
3. Name of product and active ingredient of the pesticide(s) applied and EPA
registration number
4. Name of pesticide applicator and applicator identification number
5. Amount of product applied and pesticide signal word: warning, caution or danger.
The IPM Coordinator documents all applications on the State of California Monthly
Summary Pesticide Use Report, a sample of which is attached as page 9 and the local
form attached as page 11. In addition, IPM records shall include a list of all exemptions
granted, as well as the written justifications developed for the consideration of those
exemptions.
The Public Works Department shall strive to make this information available in a prompt
and efficient manner with the understanding that its provision is not only the legal right
of any member of the public but also a critical component of a successful IPM program.
1) Non-herbicidal Pesticide Use
The Town of Tiburon does not use non-herbicidal pesticides (insecticidal soaps) on any
of its grounds at the present time.
Should the IPM Coordinator determine a need for applying a non-herbicidal pesticide, a
recommendation and request shall be made to the Town manager, or their designee,
for approval. Approval of such requests will only be granted if the IPM Coordinator has
documented in writing:
1. A compelling need to use the pesticide
2. A good faith effort to find alternatives to the particular pesticide
3. That effective, economic alternatives to the particular pesticide do not exist for the
proposed use
4. That the recommended pesticide is the least toxic pesticide available to control
the target pest.
The public notification provisions of this policy shall also govern the application of
non-herbicidal pesticides.
VII.VIII. Exemption to This Policy
The Marin Sonoma Mosquito and Vector Control District is exempt from this policy to the
extent necessary to control biting and stinging insects such as yellow jackets, wasps,
mosquitoes and other similar pests.
In addition, the Town acknowledges that certain government agencies are not subject
to the Town's authority with respect to pesticides and thus are exempt from this policy.
- 11
VIII.IX. Attachment A
Locations requiring public notification for pesticide applicationsno pesticide application or those
require public notification:
No pesticide application
1. McKegney Green
2. Shoreline Park
3. Cypress Hollow Park
4. Zelinsky Park
5. Railroad Marsh
6. Teather Park
7. South of Knoll Park
8. Belveron Mini Park
9. Bel Aire Mini Park
10. Dairy Knoll
11. Corporation Yard
12. Police Station
13. {ib;icPublic Library
14. Old Rail Trail
15. Blackies Pasture
16. Town Hall
Require Public notification
1. Open Space Areas
2. Highway 131 medians
3.1. Corporation Yard
- 12
X. Attachment B Definitions
A. Biological Control - Biological technologies to manage unwanted pests. Examples of
this type of control include, but would not be limited to, the use of pheromone traps
for management of Indian meal moth in food storage/preparation areas, or beneficial
insect release for control of certain types of weeds or invasive insects in landscapes.
B. Chemical Control - The use or application of a chemical pesticide (green or
conventional) to manage pests.
C. Contractor - A person, firm, corporation, or other entity, including a governmental
entity, which enters into a contract with the Town of Tiburon.
D. Cultural Control - The practice of modifying the growing environment to reduce the
prevalence of unwanted pests. Examples include: irrigation practices, improved and
reduced fertilization applications, proper mowing practices that include mulching, and
regular aeration to improve the soil.
E. IPM - A decision-making process that analyzes, selects, and implements pest control
strategies to prevent or control pest populations. IPM uses a “whole systems”
approach that employs monitoring and extensive knowledge about pests, such as
infestation thresholds, life histories, environmental requirements, and natural
enemies to compliment and facilitate biological, cultural, mechanical and other
natural control of pests. Chemical control methods are considered only when
necessary.
F. Mechanical Control - Utilizes hand labor or equipment such as mowers, graders,
weed-eaters, and chainsaws. Crack and crevice sealants and closing small
entryways (e.g., around pipes and conduits) into buildings for insect and rodent
management would also be mechanical methods.
G. Pest - Fungus, insect, nematode, rodent, weed, or other form of terrestrial or aquatic
life form that is injurious to human or farm animal health, or interferes with economic
activities such as agriculture, public utilities and landscaping.
H. Pesticide - Any substance, or mixture of substances, used for defoliating plants,
regulating plant growth, or for preventing, destroying, repelling, or mitigating any pest,
which may be detrimental to vegetation, humans, animals or structures.
I. Precautionary Principle - This states that in the absence of scientific consensus, if an
action or policy has a suspected risk of causing harm to the public or environment,
the burden of proving the action or policy harmless falls on those implementing the
action or policy. The principle implies that there is a social responsibility to protect the
public from exposure to harm, when scientific investigation has found a plausible risk.
These protections can be relaxed only if further scientific findings emerge that
provide sound evidence that no harm will result.
J. Reasonable Alternative - A feasible option for pest control that takes into account the
environmental, economic, and social costs and benefits of the proposed choices.
- 13
Town of Tiburon Public Works Department
Guideline and Check List
Pest Control Treatment Selection
Guidelines
Chemical to be applied _
Area of treatment
Quantity applied _
Date of application _
Least disruptive of natural controls?
Least hazardous to human health?
Least toxic to non target organisms?
Least damaging to the general environment
Cultural, biological and mechanical solutions
have been considered.
Prior treatments used to control the pest and
an evaluation as to its success.
Cost effectiveness in the short and long term.
Yes No Alternates
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GENERAL INFORMATION FOR COMPLETING THE MONTHLY SUMMARY PESTICIDE USE REPORT
(Page 2 of 2)
Reporting Requirements
Reporting of all pesticide applications including spray adjuvants and plant growth regulators, is required by:
1. Landscape maintenance gardener pest control businesses, agricultural pest control businesses performing residential work, and structural
pest control businesses.
2. Public agencies, pest control businesses and property operators who apply pesticides for agricultural use other than for the production of an
agricultural commodity. These uses include applications for the production of poultry, fish, and apiary. Pest control businesses must report uses
for the production of livestock. Also, uses on golf courses, parks, rights-of-way, cemeteries, forests, ditches, fence lines, etc. must be reported.
3. Persons who use restricted materials for uses other than the production of an agricultural commodity.
4. Persons who use a pesticide for industrial post-harvest commodity treatments.
5. Persons who use a Ground Water Protection pesticide, listed in Title 3, California Code of Regulations, section 6800(b) for any outdoor,
institutional or industrial use.
Report Filing Deadlines
Submit two (2) copies of this report to the county agricultural commissioner by the 10th of the month, following the month in which the work was
performed. Reports may be hand-delivered or mailed, the postmark serving as the date of delivery. Retain a copy for your records.
For each month when no pest control work has been performed, licensed pest control businesses must submit a use report by the 10th day of
the following month to the county agricultural commissioner in counties where they are registered. The use report must indicate that no pest
control work was performed.
SPECIFIC INSTRUCTIONS FOR COMPLETING THE FACE PAGE
The operator/firm information should be filled out completely, including the address, ZIP code, and telephone number.
Identify the Operator Identification/Restricted Material Permit Number, if applicable.
Enter the name of the county where the pesticide(s) was applied.
Indicate the county number where the product(s) was applied. The county number is available from the county agricultural commissioner's
office. A separate report must be filed for each county where pesticides were applied.
Enter the month and year in which the applications were made.
Enter the total number of applications (i.e., the total of column D below) made during the month.
In Column A, enter both the manufacturer and brand name of the product.
In Column B, enter the "EPA Registration Number" or "California Registration Number'' that appears on the pesticide label, including alpha
codes, if any (AA, ZA, ZB, etc.). Do not use the "EPA Establishment Number'' (Est. No.).
In Column C, indicate the total amount of product used as formulated and packaged by the manufacturer. Do not report the total mixture after
dilution. Check only one unit of measure. If necessary, decimals and fractions may be used.
In Column D, indicate the total number of applications for each pesticide used during the reporting month. Each separate site (home, apartment
complex, building, right-of-way, grain silo, etc.) should be counted as one application. For tank mixes, each represented pesticide should be
credited with one application.
In Column E, if the use of the product is structural, landscape, right-of-way, vertebrate, public health, commodity fumigation (nonfood/nonfeed)
or regulatory, enter the appropriate code number. Leave Columns F and G blank ,
In Column F, if use of the product is n.o1included in one of the number coded categories that are identified in column E, such as food/feed
commodity fumigations, seed treatment, noncrop fencelines or ditch banks, etc., enter the commodity or site treated. Leave Column E blank.
Do not enter vertebrate pest control work in production areas such as orchards or other crop areas. This work should be reported on the
Production Agriculture Monthly Pesticide Use Report.
In Column G, if use of the product is not included in one of the number-coded categories that are identified in Column E, enter the amount
treated and the appropriate unit of measure (acres, pounds, square feet, tons, etc.). If you have a different measure, describe it fully and enter
the amount treated. Leave Column E blank
Enter the name of the person responsible for completing the information, and date the report. This could be a licensee, a manager, the person
who applied the pesticide, a bookkeeper, etc.
TOWN OF TIBURON PUBLIC WORKS DEPARTMENT
PESTICIDE USE REPORT FORM (SEE STATE FORMS)
Date Location Target Est. Product Name Applicator Name and Amount/oz. used
Pest Time and EPA# application method and SF covered
‐ 11 ‐
EXHIBIT 4
- 1 -
Contents
TOWN OF TIBURON INTEGRATED PEST MANAGEMENT POLICY ......................................... 2
I. Introduction ................................................................................................................................ 2
II. Purpose ..................................................................................................................................... 2
III. What is IPM ................................................................................................................................ 2
IV. Scope and Application of IPM Policy .................................................................................... 3
V. IPM Policy ................................................................................................................................. 3
VI. Integrated Pest Management Coordinator............................................................................... 4
VII. IPM Implementation .................................................................................................................. 4
A. IPM Planning .......................................................................................................................... 5
B. Treatment ............................................................................................................................... 5
1) Treatment Selection and Timing Criteria ............................................................................. 5
2) Treatment Strategies – ....................................................................................................... 5
C. Education and Training of Staff ............................................................................................ 6
D. Use of Alternatives to Pesticides .......................................................................................... 6
E. Criteria for Selection and Use of Herbicides ........................................................................ 7
1) Chemical Prohibitions for the Pesticide List .................................................................. 7
F. Notification of Pesticide Applications .................................................................................... 8
G. Record Keeping of Pesticide Applications ........................................................................... 8
1) Non-herbicidal Pesticide Use ............................................................................................ 9
VIII. Exemption to This Policy .......................................................................................................... 9
IX. Attachment A .......................................................................................................................... 10
X. Attachment B Definitions .......................................................................................................... 11
- 2 -
TOWN OF TIBURON INTEGRATED PEST
MANAGEMENT POLICY
POLICIES AND PROCEDURES
Policy No.
Subject: Integrated Pest Management Policy
Resolution No.
Issue Date: March 23, 2020
Latest Revision Date: March 23, 2020
Prepared By: Tiburon Public Works Department
Approved By: Town Council, March 4, 2020
I. Introduction
The Town of Tiburon Public Works Department is committed to a comprehensive Integrated Pest Management (IPM) policy guiding the management of its parks, landscaped areas and
other public lands.
II. Purpose
The purpose of this IPM policy is to ensure and enhance the health, safety and welfare of citizens, visitors and Town staff by clearly defining the Town's pest
management strategy, the priorities for administering this strategy and the various
means by which these priorities may be realized. Public access to records and
information relating to the Town's pesticide use is an essential component of a successful IPM policy and the Town is fully committed to providing all pertinent
information to the public in a timely, comprehensive and understandable manner.
It is the goal of this IPM policy to reduce reliance on and reduce use of pesticides, as
defined in Section 12753 of Chapter 2 of Division 7 of the California Food and
Agricultural Code which threaten water quality during Town operations and on Town property. The goal of the Town of Tiburon IPM policy is to utilize the most
environmentally sound approaches to pest management, and to reduce the volume
and toxicity of chemical pest control treatments.
The Public Works Department realizes the use of pesticides can be potentially hazardous to human health and the environment and shall administer this IPM policy with a focus on long term suppression of pest problems with minimal impact on human health, non- target organisms and the environment. Least toxic pesticides are used only after monitoring
indicates such a need, pursuant to the provisions of this policy.
III. What is IPM
IPM is a decision-making process for managing pests to determine if pest injury levels
warrant treatment. It combines biological, cultural, mechanical, physical and/or
chemical tools and other management practices to control pests in a safe, cost effective
and environmentally sound manner that contributes to the protection of public health.
- 3 -
This method uses extensive knowledge about pests such as infestations, thresholds,
life histories, environmental requirements and natural enemies to complement and
facilitate biological and other natural control of pests. IPM involves the use of
nonchemical pest control methods and the careful use of least toxic chemical methods
when nonchemical methods have been exhausted or are not feasible. When IPM is
properly implemented chemical controls are used only as a last resort..
IV. Scope and Application of IPM Policy
This policy governs the Tiburon Department of Public Works employees and landscape
contractors hired by the Department and persons acting under the authority of the
Department in the care and maintenance of Town parks, medians, landscaped areas,
open spaces, and other essential public lands. Although it is understood that the term
"pesticide" is a general term that includes herbicides, insecticides, fungicides,
rodenticides etc., the primary focus of this policy is to address the Town's use of
herbicides.
As the Town plans for the maintenance and rehabilitation of existing areas, specific
attention will be directed toward including specifications that eliminate or reduce the
need for chemical pesticides (e.g., mow strips next to fencing, covering all new planting
areas with mulch, etc.).
V. IPM Policy
As used in this policy, a "Category I, "Category II," Category Ill" and "Category IV"
pesticide shall refer to a pesticide product that falls within the commensurate toxicity
category specified in Section 156.10 of Title 40 of the Code of Federal Regulations and
bearing on the front label panel the word Danger, Warning, or Caution, as required
therein.
IPM goals regarding pesticide selection and use shall include but not be limited to: 1) Assume that all pesticides (organic and conventional) are potentially harmful to the health
of humans and the environment (ex. water quality and non-target species); 2) Adhere to the tenets of IPM including focusing on long-term pest prevention or suppression, giving preference to reasonable non-pesticide alternatives such as cultural, mechanical and/ or biological control. 3) Designate an IPM Coordinator to monitor and assess pest populations, advise and
oversee citywide IPM planning and pest management activities and contracts; and keep record of and report on city IPM activities. 4) Pursue an organizational structure that allows the IPM Coordinator to make recommendations on pest control that are independent of divisional operational
constraints. 5) Ensure consistency and full compliance with federal, state and county regulatory requirements related to pest control. 6) Elimination of Category I and II pesticides and Minimization of Category Ill and IV pesticides.
7) Elimination of pesticides that are classified by government agencies as carcinogenic,
reproductive toxicants (teratogems, mutagens), endocrine disruptors, carbamates,
- 4 -
organophosphates or ground water contaminants.
8) Compliance with the Phase II, MS4, NPDES Storm Water permit requirements as
outlined in F.5.f.9 (page 91 of permit) 9) Contract with pest control contractors that utilize least-toxic pest control methodology and ensure contracts have language that upholds the IPM Policy and identifies damages for any violations of the Policy.
10) Use pesticide risk assessment guidelines and approved list of pesticides employed by the County of Marin to create and annually maintain a list of reduced-risk pesticides, and associated limitations for use, which may be applied as necessary within the Town of Tiburon.
11) Use a transparent pesticide use exemption process to justify variance from pesticide use restrictions and limitations. Exemptions shall only be considered when addressing health and safety issues, noxious pests, and/ or to test new reduced-risk pesticide products. 12) Promote public transparency and education via noticing of all pest management activities, engaging residents with outreach and education regarding less toxic pest control
methodology, and annual reporting to POST commission and Town Council. All playgrounds, picnic areas, Town Hall and the Police Station will be designated as pesticide free.
The Town Manager, or their designee has directed staff to implement these
goals and incorporate them into agreements with outside contractors.
VI. Integrated Pest Management Coordinator
The Superintendent of Public Works is designated the IPM Coordinator. The IPM
Coordinator is primarily responsible for implementing the IPM Policy and coordinating
efforts to implement IPM techniques within the Public Works Department. The
Coordinator is responsible for communicating goals and policy decisions to appropriate
Town staff and contractors, as well as ensuring proper training of all employees
involved with the IPM program and all contractors who perform landscape maintenance
on the Town's behalf.
Only individuals designated by the IPM Coordinator as Pesticide Applicators shall be
permitted to apply pesticides on Town parks, landscaped areas, and other essential
public lands. Applicators shall possess a Qualified Applicator Certificate or Qualified
Applicator License, issued by the California Department of Pesticide Regulation.
Presently, two Public Works staff are "Qualified Applicators" certified to apply
pesticides.
The IPM Coordinator is responsible for ensuring that pesticide use is recorded and
making those records available for public review pursuant to this policy.
Additionally, the Town of Tiburon shall support MCSTOPPP to conduct public outreach
through the Our Water Our World program, monitor water and sediment for pesticides
in urban creeks and keep the County Agricultural Commissioner informed of water
quality issues.
VII. IPM Implementation
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The Town of Tiburon assumes that all pesticides are potentially hazardous to human and environmental health. Therefore, reasonable non-pesticide alternatives shall be given preference over chemical controls, by following this implementation process. Town staff will evaluate alternatives to chemical treatment, including the cost-effectiveness of the treatments.
The following process shall be followed for all pest control activities:
A. IPM Planning
• ID, Map, Monitor - The IPM Coordinator and the Department of Public Works shall collect baseline data on the pest ecosystem(s) to determine pest population(s) occurrence, size, density and presence of any natural enemy population(s); gather information on pest biology and different control techniques available; and document sensitive areas and conditions that may limit control options. Data shall be collected in a standardized
manner that is repeatable.
• Ranking, inventory, mapping, monitoring and evaluation are methods used for determining pest management priorities. Maps and inventories depict infestations in
terms of pest species, size, location and threats to resources. IPM Coordinator shall monitor infestations or pest populations and evaluate treatments over time to assess the effectiveness of various treatment strategies and their effects on target and non-target organisms. GIS mapping software may be a useful tool to database pest occurrence and
track problem areas.
Establish Thresholds - To determine if treatment is warranted, an acceptable threshold level of treatment for each target pest and site should be established. In some instances, treatment may be required by federal or state law or address the concerns of citizens.
B. Treatment 1) Treatment Selection and Timing Criteria Upon determining that treatment is necessary, the following criteria should be used to help select the appropriate IPM treatment strategy:
• Least-disruptive of existing biological controls
• Least-hazardous to human health, including applicator
• Least-toxic to non-target organisms
• Least-damaging to the general environment
• If pesticides are used, consistent with the Reduced-Risk Pesticide list
• Most likely to produce a permanent reduction in the environment's ability to support target pests
• Cost-effectiveness in the short- and long-term
2) Treatment Strategies – The IPM Coordinator will evaluate and select appropriate and effective treatments based on
site-specific requirements. Commitment to the most environmentally sound approach is expected, with non-chemical methods considered first. Prevention, cultural control, mechanical control, biological control and chemical control are the techniques used in IPM. In general, a combination of treatments is more effective than a single approach. The following treatments are listed in the order in which they should be executed:
• Prevention - This is the most effective pest management strategy. By reducing the
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capacity of the ecosystem to support target pest populations through design and
appropriate management, the opportunities for pest establishment can be reduced or eliminated.
• Cultural - Cultural control is the use of management activities that prevent pests from developing due to enhancement of desired conditions. Examples include: Selection and placement of materials that encourages pest enemies and competitors, modification/ removal of pest habitat to reduce pest harborage, food supply and other life support
requirements, vegetation management, Waste management and proper food storage, barriers and traps, heat, cold, humidity, desiccation or light applied to affected regions.
• Mechanical - Mechanical control is accomplished by using physical methods or mechanical equipment to control pest infestations.
• Biological - Biological controls include the introduction or enhancement of natural predator populations to target pests. Introduction of non-indigenous organisms has an
associated risk factor and should be thoroughly evaluated prior to implementation and be consistent with county, state and federal regulation.
• Chemical – Chemical control includes the application of reduced-risk pesticides to kill target pests.
C. Education and Training of Staff
Education and training of personnel is critical to the success of this IPM program.
Employees involved in the maintenance of the Town parks, landscaped areas, and
other essential public lands or with purchasing, storage, handling and application of pesticides shall receive all mandated and reasonable training required to perform
such work in an efficient and safe manner consistent with the provisions and intent
of this policy.
Continuing Education in IPM and training in the use of non-chemical methods of pest
control are important to a successful program. Landscape Division staff attend
continuing pesticide education through the Professional Applicators Pesticide Association, (PAPA) on a yearly basis to maintain application certification. Additionally,
the IPM Coordinator maintains all training records of qualified applicators. Page 12 is a
sample of the Employee Pesticide Safety Training Record all applicators are required to complete.
The IPM Coordinator shall verify and document all contractors hired to perform IPM
related work on the Town's behalf have received appropriate education and training.
This documentation will be verified through state licenses and certifications.
The Public Works Department is dedicated to ensuring adequate funding and budget
planning to maintain training and educational opportunities for all employees.
D. Use of Alternatives to Pesticides
The Town is fully committed to the use of pesticide alternatives whenever practicable.
Currently, the Parks Division utilizes the application of mulch materials to discourage
weed growth and encourage plant health. The Town works with arborists and specifies
the provision of mulch material generated in the course of the tree maintenance work to
be utilized by the Parks Division as a first line of defense against the proliferation of
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weeds. Additionally, the Town also uses the tried and true methods of hand pulling,
hoeing and weed whipping.
E. Criteria for Selection and Use of Herbicides
There shall be no non-exempt pesticide applications permitted within Town
playgrounds, picnic table areas, and on the grounds of Town Hall and the Police
Department. Herbicide applications shall not be permitted on turf areas except in the maintenance of tree wells (a weed free zone around each tree), and certain landscape
facilities (irrigation controllers, valve boxes, light fixture poles etc.).
It is understood that a completely weed free landscape environment is not a goal of IPM
to which the Town aspires. The Public Works Department shall maintain landscaped
areas as reasonably weed free to preserve the function and reasonable aesthetic
appearance of public areas and Town facilities. With this goal in mind and considering
the Parks Division staffing levels and ability to provide fundamental services, the Public
Works Department shall select herbicides of the least toxic formulation from the list
managed by the County of Marin.
Pesticides shall be used only after all other non-pesticide means of weed control have
been utilized or have been determined to be not feasible in a particular application due
to site factors, ability of staff to provide a particular function or service, or other pertinent
factors as outlined in Section VII B 3 Application Strategies.. Application of pesticides
shall comply with the provisions of this policy.
As with the criteria for selection and use of all pesticides, the selection and use criteria
for herbicides shall conform to standard IPM principles. No product from the Approved
Use list shall contain any of the following:
• Pesticides classified as Toxicity Category I and Category II by the USEPA
• Carbonate (Car/Diox Gas) and organophosphate (Salts) pesticides
• Type A or B (known or probable) carcinogens, as well as mutagens and
reproductive toxins • Persistent bio accumulative toxic chemicals (PBT)
1) Chemical Prohibitions for the Pesticide List
Except as noted under the special use category, pesticides included in the pesticide
list shall not contain ingredients identified in the following sources: • Products listed as Toxicity Category I or II.
• California's Proposition 65 list (the Safe Drinking Water and Toxic Enforcement Act of 1986, materials known to the State to cause cancer or
reproductive or developmental toxicity).
• California's Department of Pesticide Regulation groundwater protection list
(Food and Agricultural Code 13145(d)).
• Organophosphates, or organochlorines, or carban1ates listed by the United States
Environmental Protection Agency (Office or Pesticides Progran1S, Document
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735-F-99-14, May 1999), or California Environmental Protection Agency,
Department of Pesticide Regulation Chemical Inquiries Database.
• A known carcinogen, probable carcinogen, or possible carcinogen by the United States Environmental Protection Agency as per "List of Chemicals Evaluated for
Carcinogenic Potential".
• Any known endocrine disruptor listed by the United States
Environmental Protection Agency or the European Union, Endocrine
Disruptors website
Special Use Pesticide Category
There may be circumstances when it is necessary to a use a pesticide that does
not meet the criteria for use. The pesticide list may include these special use
categories of materials that are considered critical to the protection of public
health, the environment, wildlife, safety, or the preservation of town property.
These materials will only be used in conjunction with an IPM program where
there are no feasible alternatives. These products will be identified on the
pesticide list which will specify:
• The particular criteria that is inconsistent with the aforementioned criteria, • the specific circumstances and conditions for which the product may be used, • the method of application, and • how the site is to be managed to preclude potential exposure.
F. Notification of Pesticide Applications
The Department of Public Works will advise the public of pesticide application by
posting notification 48 hours in advance. The locations requiring notification shall be
maintained on a list (as Attachment A to this policy) and updated as necessary.
Notification shall be accomplished by posting signs at reasonable entry point locations.
Notices shall include the product name, EPA Registration # (if applicable), date(s) of
pesticide application, Public Works contact phone number and any other information deemed necessary by the IPM Coordinator.
G. Record Keeping of Pesticide Applications
The IPM Coordinator shall be responsible for maintaining records of all pesticide
applications on Town property performed by the Department of Public Works, or by
contractors or persons authorized to apply pesticides on behalf of the Department of
Public Works. The Town shall maintain these records for a period of four years as
active files and 28 as inactive. Pesticide record information shall be made available to
the public upon request. Application records shall include at least the following
information:
1. Date and Site of application
2. Target pest(s) and application method
3. Name of product and active ingredient of the pesticide(s) applied and EPA registration number
4. Name of pesticide applicator and applicator identification number
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5. Amount of product applied and pesticide signal word: warning, caution or danger.
The IPM Coordinator documents all applications on the State of California Monthly
Summary Pesticide Use Report, a sample of which is attached as page 9 and the local
form attached as page 11. In addition, IPM records shall include a list of all exemptions
granted, as well as the written justifications developed for the consideration of those
exemptions.
The Public Works Department shall strive to make this information available in a prompt
and efficient manner with the understanding that its provision is not only the legal right
of any member of the public but also a critical component of a successful IPM program.
1) Non-herbicidal Pesticide Use
The Town of Tiburon does not use non-herbicidal pesticides (insecticidal soaps) on any
of its grounds at the present time.
Should the IPM Coordinator determine a need for applying a non-herbicidal pesticide, a
recommendation and request shall be made to the Town manager, or their designee,
for approval. Approval of such requests will only be granted if the IPM Coordinator has
documented in writing:
1. A compelling need to use the pesticide
2. A good faith effort to find alternatives to the particular pesticide
3. That effective, economic alternatives to the particular pesticide do not exist for the proposed use
4. That the recommended pesticide is the least toxic pesticide available to control
the target pest.
The public notification provisions of this policy shall also govern the application of
non-herbicidal pesticides.
VIII. Exemption to This Policy
The Marin Sonoma Mosquito and Vector Control District is exempt from this policy to the
extent necessary to control biting and stinging insects such as yellow jackets, wasps,
mosquitoes and other similar pests.
In addition, the Town acknowledges that certain government agencies are not subject
to the Town's authority with respect to pesticides and thus are exempt from this policy.
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IX. Attachment A
Locations requiring no pesticide application or those require public notification:
No pesticide application 1. McKegney Green 2. Shoreline Park
3. Cypress Hollow Park
4. Zelinsky Park 5. Railroad Marsh 6. Teather Park 7. South of Knoll Park
8. Belveron Mini Park
9. Bel Aire Mini Park 10. Dairy Knoll 11. Corporation Yard 12. Police Station
13. Public Library
14. Old Rail Trail 15. Blackies Pasture 16. Town Hall Require Public notification 1. Open Space Areas 2. Highway 131 medians
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X. Attachment B Definitions A. Biological Control - Biological technologies to manage unwanted pests. Examples of this type of control include, but would not be limited to, the use of pheromone traps
for management of Indian meal moth in food storage/preparation areas, or beneficial
insect release for control of certain types of weeds or invasive insects in landscapes. B. Chemical Control - The use or application of a chemical pesticide (green or conventional) to manage pests. C. Contractor - A person, firm, corporation, or other entity, including a governmental
entity, which enters into a contract with the Town of Tiburon.
D. Cultural Control - The practice of modifying the growing environment to reduce the prevalence of unwanted pests. Examples include: irrigation practices, improved and reduced fertilization applications, proper mowing practices that include mulching, and regular aeration to improve the soil.
E. IPM - A decision-making process that analyzes, selects, and implements pest control
strategies to prevent or control pest populations. IPM uses a “whole systems” approach that employs monitoring and extensive knowledge about pests, such as infestation thresholds, life histories, environmental requirements, and natural enemies to compliment and facilitate biological, cultural, mechanical and other
natural control of pests. Chemical control methods are considered only when necessary. F. Mechanical Control - Utilizes hand labor or equipment such as mowers, graders, weed-eaters, and chainsaws. Crack and crevice sealants and closing small entryways (e.g., around pipes and conduits) into buildings for insect and rodent
management would also be mechanical methods. G. Pest - Fungus, insect, nematode, rodent, weed, or other form of terrestrial or aquatic life form that is injurious to human or farm animal health, or interferes with economic activities such as agriculture, public utilities and landscaping. H. Pesticide - Any substance, or mixture of substances, used for defoliating plants,
regulating plant growth, or for preventing, destroying, repelling, or mitigating any pest, which may be detrimental to vegetation, humans, animals or structures. I. Precautionary Principle - This states that in the absence of scientific consensus, if an action or policy has a suspected risk of causing harm to the public or environment, the burden of proving the action or policy harmless falls on those implementing the
action or policy. The principle implies that there is a social responsibility to protect the public from exposure to harm, when scientific investigation has found a plausible risk. These protections can be relaxed only if further scientific findings emerge that provide sound evidence that no harm will result. J. Reasonable Alternative - A feasible option for pest control that takes into account the
environmental, economic, and social costs and benefits of the proposed choices.
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Town of Tiburon Public Works Department
Guideline and Check List
Pest Control Treatment Selection
Guidelines
Chemical to be applied _
Area of treatment
Quantity applied _
Date of application _
Least disruptive of natural controls?
Least hazardous to human health? Least toxic to non target organisms?
Least damaging to the general environment
Cultural, biological and mechanical solutions have been considered.
Prior treatments used to control the pest and
an evaluation as to its success.
Cost effectiveness in the short and long term.
Yes No Alternates
STATE OF CALIFORNIA MONTHLY SUMMARY PESTICIDE USE REPORT
DPR-ENF-060 (REV. 4-12) PAGE 1 OF 2
INSTRUCTIONS FOR COMPLETING THIS FORM ARE INDICATED BELOW AND ON THE REVERSE SIDE
DEPARTMENT OF PESTICIDE REGULATION
ENFORCEMENT BRANCH
OPERATOR (FIRM NAME) lADDRESS CITY IZIPCODE PHONE NUMBER
OPERATOR ID/PERMIT NUMBER 'LICENSE NUMBER COUNTY WHERE APPLIED COUNTY NUMBER MONTH/YEAR OF USE TOTAL NUMBER OF APPLICATIONS
1. Complete Columns A, B, C, and D for All Users 2. Complete Column Eby using one of the following codes: Code 1o - Structural Pest Control. .................................. includes any pest control work performed within or on buildings and other structures. Code 30 - Landscape Maintenance Pest Control. ...........includes any pest control work performed on landscape plantings around residences or other buildings, golf courses, parks, cemeteries, etc.
Code 40 - Right-of-Way Pest Control. ............................ includes any pest control work performed along roadsides, power lines, median strips, ditch banks, and similar sites. Code 50 - Public Health Pest Control. ............................includes any pest control work performed by or under contract with State or local public health or vector control agencies. Code 80 - Vertebrate Pest Control. ................................ includes any vertebrate pest control work performed by public agencies or work under the supervision of the State or county agricultural commissioner.
Code 91 - Commodity Fumigation (NonfoodlNonfeed) .... includes fumigation of nonfood/nonfeed commodities such as pallets, dunnage, furniture, burlap bags, etc.
Code 100 - Regulatory Pest Control. ..............................includes any pest control work performed by public employees or contractors in the control of regulated pests.
3. Complete Columns F and G, if use does not fit one of the above codes
\
REPORT PREPARED BY_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(0 Distribution: CAC - Two copies; Report preparer - One copy
DATE ----------- Print Form ]
A B C D E F G
MANUFACTURER AND NAME OF PRODUCT APPLIED EPA/CALIFORNIA REGISTRATION NUMBER FROM LABEL INCLUDE ALPHA CODE TOTAL PRODUCT USED (Check One Unit of Measure)
NUMBER OF APPLICATIONS CODE COMMODITY OR SITE TREATED ACRES/UNITS TREATED
□□□□□
LB oz PT QT GA
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LB oz PT QT GA
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LB oz PT QT GA
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LB oz PT QT GA
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LB oz PT QT GA
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LB oz PT QT GA
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LB oz PT QT GA
GENERAL INFORMATION FOR COMPLETING THE MONTHLY SUMMARY PESTICIDE USE REPORT
(Page 2 of 2) Reporting Requirements
Reporting of all pesticide applications including spray adjuvants and plant growth regulators, is required by: 1. Landscape maintenance gardener pest control businesses, agricultural pest control businesses performing residential work, and structural
pest control businesses.
2. Public agencies, pest control businesses and property operators who apply pesticides for agricultural use other than for the production of an agricultural commodity. These uses include applications for the production of poultry, fish, and apiary. Pest control businesses must report uses
for the production of livestock. Also, uses on golf courses, parks, rights-of-way, cemeteries, forests, ditches, fence lines, etc. must be reported.
3. Persons who use restricted materials for uses other than the production of an agricultural commodity. 4. Persons who use a pesticide for industrial post-harvest commodity treatments. 5. Persons who use a Ground Water Protection pesticide, listed in Title 3, California Code of Regulations, section 6800(b) for any outdoor,
institutional or industrial use.
Report Filing Deadlines Submit two (2) copies of this report to the county agricultural commissioner by the 10th of the month, following the month in which the work was
performed. Reports may be hand-delivered or mailed, the postmark serving as the date of delivery. Retain a copy for your records.
For each month when no pest control work has been performed, licensed pest control businesses must submit a use report by the 10th day of
the following month to the county agricultural commissioner in counties where they are registered. The use report must indicate that no pest
control work was performed.
SPECIFIC INSTRUCTIONS FOR COMPLETING THE FACE PAGE The operator/firm information should be filled out completely, including the address, ZIP code, and telephone number.
Identify the Operator Identification/Restricted Material Permit Number, if applicable.
Enter the name of the county where the pesticide(s) was applied. Indicate the county number where the product(s) was applied. The county number is available from the county agricultural commissioner's
office. A separate report must be filed for each county where pesticides were applied.
Enter the month and year in which the applications were made. Enter the total number of applications (i.e., the total of column D below) made during the month.
In Column A, enter both the manufacturer and brand name of the product.
In Column B, enter the "EPA Registration Number" or "California Registration Number'' that appears on the pesticide label, including alpha codes, if any (AA, ZA, ZB, etc.). Do not use the "EPA Establishment Number'' (Est. No.).
In Column C, indicate the total amount of product used as formulated and packaged by the manufacturer. Do not report the total mixture after
dilution. Check only one unit of measure. If necessary, decimals and fractions may be used.
In Column D, indicate the total number of applications for each pesticide used during the reporting month. Each separate site (home, apartment complex, building, right-of-way, grain silo, etc.) should be counted as one application. For tank mixes, each represented pesticide should be
credited with one application.
In Column E, if the use of the product is structural, landscape, right-of-way, vertebrate, public health, commodity fumigation (nonfood/nonfeed)
or regulatory, enter the appropriate code number. Leave Columns F and G blank ,
In Column F, if use of the product is n.o1included in one of the number coded categories that are identified in column E, such as food/feed commodity fumigations, seed treatment, noncrop fencelines or ditch banks, etc., enter the commodity or site treated. Leave Column E blank.
Do not enter vertebrate pest control work in production areas such as orchards or other crop areas. This work should be reported on the
Production Agriculture Monthly Pesticide Use Report.
In Column G, if use of the product is not included in one of the number-coded categories that are identified in Column E, enter the amount
treated and the appropriate unit of measure (acres, pounds, square feet, tons, etc.). If you have a different measure, describe it fully and enter
the amount treated. Leave Column E blank Enter the name of the person responsible for completing the information, and date the report. This could be a licensee, a manager, the person
who applied the pesticide, a bookkeeper, etc.
TOWN OF TIBURON PUBLIC WORKS DEPARTMENT
PESTICIDE USE REPORT FORM (SEE STATE FORMS)
Date Location Target Est. Product Name Applicator Name and Amount/oz. used
Pest Time and EPA# application method and SF covered
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EXHIBIT 5
Tiburon Integrated Pest
Management Update
February, 2022
Summary on Town of Tiburon Current IPM Policy
●Town of Tiburon IPM contains inconsistent language, the explicit call out for USE
of a known herbicide (Lifeline) versus requiring the town to pursue other
alternatives first and as a measure of “last resort” using a herbicide from a
published list that is reviewed annually.
●There is no process for review of IPM with POST or Town Council at a set
frequency on the IPM or review on usage of pesticides
●Compared to other local governments and the county, Tiburon’s IPM is
inadequate and not meeting the needs of a dynamic environment or the citizens
●The town of Tiburon over the past 24 months have received comments from the
public through correspondence and public comment to provide direction to Town
Staff for an update
2
POST Recommendations to Tiburon Town Council
A.Accept edits made to Tiburon IPM document and approved by POST May
2021
Status quo is not an option
History
●February 2020 town council group edit of IPM
●October 2020 town council agenda item - sent back to Post
●January 2021 sub committee on IPM formed
●Feb - March 2021 Sub committee outreach to community members and town
staff
●March 2021, sub committee provides update to POST
●April-May 2021 sub committee additional outreach to town staff
●May 2021, sub committee updates language on Tiburon IPM and votes to
forward to Tiburon Town Council for approval
●Prepared for November 2021 meeting
Integrated Pest Management (IPM)
●IPM policies should not dictate static, prescriptive approaches.
●IPM requires a scientific approach to assess individual sites and conditions,
plan, implement, monitor and integrate.
●There are many good examples in Marin and Sonoma (including our close
friends at the City of Belvedere)
●Tracking usage, benchmarks and transparency are critical components, which
the town has done a fair job to date. It is difficult to reduce/eliminate pesticide
use if you don’t track it and compare to past usage.
●Not tracking usage indicates that the Town is not interested in minimizing use
Clearing up the misinformation/misconceptions
IPM is
●A process to go through, steps
●Goal is integration and reduce pesticide use
●A process to evolve and understand why
plants and pests are identified at certain
areas
●Root cause focused
●Requires transparency
●A process used by Marin county parks and
most of its municipalities
IPM is not
●A means to disallow all
pesticides/herbicides use
●A mechanism to tie the hands of public
works employees
●A bureaucratic or prescriptive process
●A one and done process
Appendix - IPM Continuous Process
Appendix IPM Intervention Hierarchy
Use approved organics
from County of Marin Site
Improve town volunteer
activity for mechanical
removal, select more
natives, determine what
is “natural enough”
Appendix IPM Links
Tiburon IPM -
County of Marin Parks IPM Annual Report
County of Marin Parks IPM Policy
Belvedere IPM
Mill Valley IPM
Corte Madera IPM
Rohnert Park IPM
Town of Tiburon Oct 7, 2020 Town Council IPM discussion late mail
9
Tiburon Town Council
February 2, 2022
AI-2: Integrated Pest Management Policy
Late Mail
From:B G
To:Lea Stefani
Subject:May 3rd Town Council Meeting: Stop Spraying Pesticides on Blackie"s Pasture and in Tiburon
Date:Wednesday, February 2, 2022 1:29:22 AM
Attachments:POST REPORT IPMAI-2_Integrated_Pest_Management_Policy_EXHIBIT_5_-_IPM_Presentation.pdf
POST 2122 AI-2_Integrated_Pest_Management_Policy_EXHIBIT_4_-_Draft_Proposed_IPM_Clean.pdf
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Please forward this message to the Tiburon Town Council:
Dear Tiburon Town Council:Please endorse Tiburon’s Parks Open Space and Trails proposal to end the use of
Lifeline/glufosinate ammonium. We do not want Lifeline sprayed in Tiburon. The County ofMarin prohibits Lifeline. Please stop exposing our children, pets, residents, waterways, and
visitors to toxic chemicals. Sincerely,
The Potter Family310/210-1316
Here’s is a quick glimpse into issues raised and POST is bringing back the excellentrecommendation use Lifeline (glufosinate ammonium), ignoring safer, effective alternative
methods and codifying that decision in an IPM policy that is, by definition, suppose toconsider what is least toxic alternative each time a landscape issue rises to the level of 'pest' or
problem that requires a pesticide/herbicide intervention (rather than manually removing it,mulching it, or using a less toxic pesticide/herbicide). That is only one flaw in the current
Tiburon IPM policy - it presumes the use of Lifeline and lacks a coherent process for evalutingany other options, including proven safer and effective herbicides like WeedSlayer/AgroGold,
which are not even registered herbicides as FIFRA 25b exempt product.I would strongly urge your Town Council to take action to initiate an update to TIburon's
outdated and dangerous IPM policy that dictates the application of a toxic herbicide while notallowing consideration of less toxic options. This policy not only continues to allow Lifeline
to be applied in public areas and traffic medians where pedestrians are exposed to it, but riskspotential liability to the town, harm to Tiburon public works employees and contractors who
apply it, and the public who is exposed to it. It is mystifying, especially when less toxicoptions are readily available.
Please take strong and decisive action tonight to give your appointed POST Commissionauthority to review, take public comment upon and revise as needed, the Tiburon IPM policy.
CAUTION: This email originated from outside of the organization. Do not click links oropen attachments unless you recognize the sender and know the content is safe.
Below (and attached) are the striking differences in your IPM policy and the Marin County
Parks policy that I shared with the POST Commission at their last meeting that Tiburon staffdid not uncover in their report to the POST Commission. Additionally, I am attaching citations
about the currently used conventional herbicide, Lifeline and the amounts applied by TiburonPublic Works and your contractors in 2019- present.
Please take strong action tonight to change the status quo of spraying conventional herbicide
glyphosate, by directing a review and possible revision to the current Tiburon IPM policy. TheTown of Tiburon can do better and there is no time like the present to tackle this issue.
From:Bronia Hill
To:Lea Stefani
Subject:Late Mail Addition - AI-2 Integrated Pest Management
Date:Wednesday, February 2, 2022 5:55:16 AM
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Hi Lea,
please add this note as late mail to the agenda packet if possible. Thank you.
***Dear Council Members,
with respect to POST Commission's proposed changes to the town's IPM policy, I'd like to
express my gratitude for the work completed on this and to register my support for theirefforts.
As I understand it, POST Commission's recommendations are in line with the County's IPM
policy -- utilizing pesticides only as a last resort and after thorough and exhaustive diagnosticwork. I would very much like to see the same tried and tested approach adopted by Tiburon
and can't think of a reason why we shouldn't already be aligned with County best practices onthis.
Thank you for your consideration.
Kindly, Bronia
From:J Reynolds
To:Lea Stefani
Subject:Town Council Members- Pls adopt the amended IPM Policy
Date:Wednesday, February 2, 2022 9:18:51 AM
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Hi lstefani, please pass this email to each council member
for tonight's Council Meeting.
Many thanks
Dear Council Members:
Jon Weiner
Jack RyanAlice Fredericks
Noah Griffin
Holli Thier
Today I am writing as a resident of San Anselmo urging the council to
adopt the amended IPM Policy at tonight's council meeting. I have
followed this Tiburon issue for years, along with Tiburon residents and
Marin residents at large as well as the Sierra Club.It is long overdue that you vote to insure the health of the lands and all
who use and visit Tiburon's parks and playgrounds. Using any form of
pesticides/herbicides is harmful to the immediate environment but also the
runoff gets into the waterways ultimately negatively affecting marine life.Please vote with the health of ALL Tiburon residents in mind.
Thank you,
Jinesse ReynoldsCo-Chair, Plastic Free Marin
Vice Chair, Sierra Club Marin Group
Chair, Pol Com, Sierra Club Marin Group
From:Marti Andrews
To:Lea Stefani
Subject:Please distribute to Town Council, thank you.
Date:Wednesday, February 2, 2022 9:50:50 AM
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Hello Tiburon Town Council Members:
I hope we have at last come to the end of our efforts to ban toxic pesticides/chemicals from
being sprayed in our community. The practice of and reasons for spraying poison andcarcinogens in Tiburon is beyond my understanding. There are many safe alternatives, and if
they happen to be more expensive, I am OK paying more in local taxes to avoid having toxinsaround.
Please do the right thing for all of us.
Thank you,
Marti Andrews
11 Apollo Rd
Tiburon, CA 94920
martipandrews@gmail.com
+1 415.847.1200
From:Sanford Goldeen
To:Lea Stefani
Subject:Please Stop Spraying Lifeline and similar poisons in Tiburon. Thanks. The Goldeen Family.
Date:Wednesday, February 2, 2022 9:59:36 AM
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Sent from my iPhone
From:Tracey Van Hooser
To:Lea Stefani
Subject:POST IPM proposal
Date:Wednesday, February 2, 2022 10:43:46 AM
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Hi Lea,
Can you please forward my comments to all members of the Town Council?
I am writing in support of the POST proposal to revise the town IPM policy and eliminate the use of Lifeline. Most
other towns and the County of Marin do not use this dangerous herbicide and there is no reason Tiburon cannot do
the same. In Marin, we value our health and our environment and our policies should reflect that.
Thank you,
Tracey
1 Southridge Drive, Tiburon
From:Rika GopinathTo:Town; Jon Welner; Jack Ryan; Alice Fredericks; Noah Griffin; Holli Thier; Lea Stefani
Subject:Late Mail for tonight"s Town Council Item A1-2 Integrated Pest Management policyDate:Wednesday, February 2, 2022 3:15:19 PM
Attachments:ipm_final_2022_allowed-products-list (1).pdfipm-2021-annual-report.pdf
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Late mail for Tonight's Town Council item AI-2.Integrated Pest Management Policy –Consider adoption of amendments to the Integrated Pest Management Policy
Dear Tiburon Town Council members, Tiburon POST Commissioners, and Tiburon staff,
Congratulations on tonight's IPM policy proposal and the hard work and collaboration this represents. I hope to join the public comments during thisagenda item, and write to share some minor specific suggestions for text changes. I strongly support the POST Commission's proposal and applaud the Town Council and Commissioners for taking an active role in helping the Town andTown staff revise this policy. Thank you to POST Commissioners Hornbrook and Nikfar for spearheading this effort with Tiburon staff.
Tonight's proposed Tiburon IPM Policy is a public declaration that there are better IPM methods and programs than the current use of a conventionalpesticide. With this proposed policy change, the Town, POST Commission and Tiburon staff will have the local support and experience to support thisnew IPM policy model of public parks, open space and trails management. Congratulations on the hard work to propose this policy and in your stewardship of Tiburon's public playgrounds, parks, open space and trails. Thank youfor the benefit it will bring to Tiburon residents, all visitors and our precious local environment and natural resources.
Below are 3 suggestions for clarity and consistency.
Respectfully submitted, Rika GopinathMOMAS Co-ChairThank you, Rika
1. Section VII IPM Implementation (page 4-5)A. IPM MappingI strongly urge Town Council to eliminate section A. It is unnecessary and expands the scope of this IPM policy to map, monitor, inventory andestablish thresholds for pests. Tiburon's IPM Policy scope is landscape, not structural pests. So we should be talking about weeds, not pests that have populations like rodents, ants, lightbrown apple moths or citrus pests. These 3 points are not necessary, and could waste money, time, and resources.
The treatment described in section VII B is the process that should be followed and is sufficient.
VII. IPM Implementation The Town of Tiburon assumes that all pesticides are potentially hazardous to human and environmental health. Therefore, reasonablenon-pesticide alternatives shall be given preference over chemical controls, by following this implementation process. Town staff willevaluate alternatives to chemical treatment, including the cost-effectiveness of the treatments. The following process shall be followed for all pest control activities: A. IPM Planning
ID, Map, Monitor - The IPM Coordinator and the Department of Public Works shall collect baseline data on the pest ecosystem(s) to determine pest population(s) occurrence, size, density and presence of any natural enemy population(s); gather information on pest biology and different control techniques available; and document sensitive areas and conditions that may limit control options. Data shall be collected in a standardized manner that is repeatable. Ranking, inventory, mapping, monitoring and evaluation are methods used for determining pest management priorities. Maps and inventories depict infestations in terms of pest species, size, location and threats to resources. IPM Coordinator shall monitor infestations or pest populations and evaluate treatments over time to assess the effectiveness of various treatment strategies and their effects on target and non-target organisms. GIS mapping software may be a useful tool to database pest occurrence and track problem areas. Establish Thresholds - To determine if treatment is warranted, an acceptable threshold level of treatment for each target pest and site should be established. In some instances, treatment may be required by federal or state law or address theconcerns of citizens.
B Treatment 1) A. Treatment Selection and Timing Criteria Upon determining that treatment is necessary, the following criteria should be used to helpselect the appropriate IPM treatment strategy: • Least-disruptive of existing biological controls • Least-hazardous to human health, including applicator • Least-toxic to non-target organisms • Least-damaging to the general environment • If pesticides are used, consistent with the Reduced-Risk Pesticide list correct with "most recent Marin County Parks IPMLandscape Allowed Pesticides list" • Most likely to produce a permanent reduction in the environment's ability to support target pests • Cost-effectiveness in the short- and long-term 2) Treatment Strategies – The IPM Coordinator will evaluate and select appropriate and effective treatments based on site-specific requirements. Commitment to the most environmentally sound approach is expected, with non-chemical methods considered first. Prevention, cultural control, mechanical control, biological control and chemical control are the techniques used in IPM. In general, acombination of treatments is more effective than a single approach. The following treatments are listed in the order in which they should be executed"...
2. Section VII IPM Implementation. E. Criteria for Selection and Use of Herbicides Suggest changing the wording to reflect Attachment A: Locations requiring no pesticide application.
In Attachment A, there is a list of locations "requiring no pesticides." The language in this section should make that commitment to not using pesticidesclear, especially on our neighborhood playgrounds, Blackies Pasture and McKegney Green.
Suggest changing text: E. Criteria for Selection and Use of Herbicides Playgrounds and picnic areas shall be designated as pesticide-free zones. No chemical controls shall be used in theseareas, nor in locations listed in Attachment A, including McKegney Green, Blackie's Pasture, the grounds of Town Hall
and the Police Department. Herbicide applications shall not be permitted on turf areas except in the maintenance of tree wells (a weed free zone around each tree), and certain landscape facilities (irrigation controllers, valve boxes, light fixture poles etc.) and productused must be listed on the Marin County IPM Allowed Landscape Products and either OMRI certified or FIFRA eco-exempt minimumrisk products.
3. Cleaning up wording and updating Exhibit 2: County of Marin Allowed Pesticides. a. Recommend references to this "County of Marin Allowed Pesticides" list throughout the policy and exhibits be clarified and worded: "mostrecent Marin County Parks IPM Landscape Allowed Pesticides" b. Exhibit 2 is using an outdated list from 2020. Products were removed, including an entire category of 'Limited Use' products.
The current 2021 and just approved 2022 Marin County Parks IPM Landscape Allowed list are the same ( no changes from 2021 to 2022), The 2022 Allowed list was just approved by Marin County IPM Commission 1/27/22 and goes to Marin County Board of Supervisors for a vote2/5.
For most recent Marin County Parks IPM documents, please see:
Marin County Parks Landscape Allowed Pesticides. approved on 1/28/22 by IPM Commission (goes to Board of Supervisors forvote 2/5).Newest Marin County Parks IPM Annual Report 2021. will be presented to BOS on 2/5/22
Available on their website at: https://www.parks.marincounty.org/about-us/boards-and-commissions/ipm/meeting-agendas/2022/january_28_2022
4. Ending the use of Lifeline and the excellent progress tonight's proposed Tiburon IPM Policy before you: Lifeline use is incompatible with an IPM policy proposed tonight.
Lifeline is a conventional pesticideLifeline has never been used by, or been listed on the Marin County IPM list of approved landscape pesticides. Lifeline does not meet the criteria to be included as a safer, effective or viable option in the County Parks' IPM toolbox.No similar conventional pesticide has been used by Marin County Parks since 2016.
Marin County Parks IPM goal is to reduce the use of ALL pesticide products, conventional and organic/minimum risk/eco-exempt. Here is what ispossible with a robust IPM Program since 2015 (when County Parks IPM program removed RoundUp/glyphosate from use):
2021 :130 County Parks sites managed without any pesticide products and the rest with little product, even organic.2021 Total annual landscape pesticide product used 400 OUNCES of OMRI organic certified product Suppress. 1 OUNCE of a conventional pesticide (Lifeline's same pesticide category).
That 1 ounce was used under an exemption in conjunction with years of manual removal and intense monitoring by Invasive SpartinaProject and Friends of Corte Madera Creek at Hal Brown Park.
Tonight's proposed Tiburon IPM Policy is a public declaration that there are better IPM methods and programs than the current use of a conventionalpesticide. With this proposed policy change, the Town, POST Commission and Tiburon staff will have the local support and experience to support thisnew IPM policy model of public parks, open space and trails management. Congratulations on the hard work to propose this policy and in your stewardship of Tiburon's public playgrounds, parks, open space and trails. Thank youfor the benefit it will bring to Tiburon residents, all visitors and our precious local environment and natural resources.
Respectfully submitted, Rika GopinathMOMAS Co-Chair
For more details on Lifeline's harm, please see my previous late mail submissions from years past. chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/viewer.html?pdfurl=https%3A%2F%2Ftownoftiburon.granicus.com%2FMetaViewer.php%3Fview_id%3D5%26clip_id%3D454%26meta_id%3D21543&clen=7878523
TOWN OF TIBURON PAGE 1 OF 3
STAFF REPORT
To: Mayor and Members of the Town Council
From:
Department or Public Works
Subject: Consider Authorizing the Town Manager to Execute a Contract in an amount not to exceed $79,000 with EKI Environment & Water (EKI)for the Richardson Bay Sanitary District (RBSD) Ponds Closure Plan and
Investigation and Approve a Budget Amendment in the Amount of $79,000 to Fund the Work. Reviewed By: _________ Greg Chanis, Town Manager
________ Benjamin Stock, Town Attorney
SUMMARY
On November 3, 2021Council approved a Purchase and Sales Agreement for property owned by Richardson Bay Sanitary District located at 500 Tiburon Boulevard, for a purchase price of $600,000. Staff has negotiated a proposal from EKI Environmental & Water to prepare a closure plan and conduct
soil and groundwater sampling for the former wastewater ponds at a cost not to exceed $79,000. Today, Council is being asked to authorize the Town Manager to enter into an agreement with EKI to complete the work as proposed once the Purchase and Sales Agreement is fully executed. RECOMMENDED ACTION(S) Staff recommends that the Town Council:
1. Authorize the Town Manager to execute a contract, in an amount not to exceed $79,000, with EKI to prepare a closure plan and conduct soil and groundwater sampling for the former wastewater ponds once the Purchase and Sales Agreement is fully executed, and 2. Authorize a Budget Amendment in the amount of $79,000 to fund the work, with the source of funds being General Fund Operating Reserves.
BACKGROUND Over the past 2-3 years, representatives from the Town and the Richardson Bay Sanitary District (RBSD), collectively referred to as the Parties, have been in discussions regarding the possibility of the Town acquiring a portion of RBSD owned property located on the Old Rail Trail between Blackies Pasture and McKegney Green.
The Parties negotiated the terms of an agreement, resulting in a Purchase and Sales Agreement (P&S) that was approved by Council on November 3, 2021. The Town prepared a boundary survey as required by the P&S showing the boundaries of the subject property and has forwarded the document to RBSD attached as Exhibit 1. At the time of preparing this staff report, the P&S
has not been fully executed by RBSD.
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting February 2, 2022
Agenda Item: AI-3
Town Council Meeting February 2, 2022
TOWN OF TIBURON PAGE 2 OF 3
Under the terms of the P&S, the Town agreed to purchase the property from RBSD for $600,000. Both parties recognize the subject property was once part of an operational Wastewater Treatment Plant and agree the transaction should be contingent on the ability to receive regulatory closure from the appropriate agency(ies), at a cost that is not prohibitive to either
Party. As a result, the P&S includes terms allowing either party to terminate the agreement if the closure process is deemed too costly, or complex. Attached as Exhibit 2 is EKI’s proposal dated 10 January 2022 to prepare the closure plan and conduct soil and groundwater sampling. The proposal was prepared in accordance with the
sampling plan dated 4 February 2019 attached as Exhibit 3 as modified based on subsequent discussions with the California Regional Water Quality Control Board (RWQCB) between November and December 2021. The work will be completed in accordance with the Agreement between the Town of Tiburon and EKI dated 11 December 2018 attached as Exhibit 4. ANALYSIS The closure plan process described below will take approximately 6 months to complete once fully executed. Task 1: RWQCB Discussions and Coordination
As part of the scoping for the closure plan and sampling, EKI has contacted the RWQCB and held discussions regarding requirements for closure of the RBSD ponds and the potential schedule for RWQCB review of the closure plan. Discussions have included a conference call and e-mail correspondence over the months of November and December 2021 and January 2022.
The scope for this task includes these completed discussions and future correspondence and
discussions with RWQCB as needed to coordinate the submittal and review of the closure plan. Task 2: Preparation and Submittal of Closure Plan EKI will prepare a Closure Plan for submittal to the RWQCB. Based on preliminary discussions
with the RWQCB.
Task 3: Sampling and Analysis for Closure EKI will perform sampling and analysis in accordance with the RWQCB-approved Closure Plan.
Task 4: Sampling and Analysis for Environmental Characterization of Fill Material
Soil and grab groundwater samples will be collected from three locations for analysis. Task 5: Reporting After receipt of laboratory analytical reports, a summary report will be prepared that will describe
the work completed, summarize field observations and analytical results, show sample locations
on a figure, and append laboratory analytical reports. A draft of the report will be submitted to the Town for review and comment before preparation of the final report. The report will include recommendations regarding the need for removal/remediation related to chemicals of concern in sediments and soil and closure of the ponds.
Depending upon the results of the investigations, additional work may be required extending the schedule beyond six months.
Town Council Meeting February 2, 2022
TOWN OF TIBURON PAGE 3 OF 3
FINANCIAL IMPACT If the P&S is approved by the Parties, in addition to the purchase price, the Town will be required to expend additional funds to determine what the exact closure requirements will be, and to meet
those requirements if the deal moves forward. It is very difficult at this point to estimate what the total cost of the acquisition will be, however, staff anticipates they could total several hundred thousand more than the purchase price of $600,000. With regards to the proposed contract with EKI, if approved by Council, staff is recommending
Council also authorize a Budget Amendment in the amount of $79,000, with the source of funds General Fund Operating Reserves. CLIMATE IMPACT Staff has determined this action will have no direct climate impact to Tiburon. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of
the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3).
RECOMMENDATION
Staff recommends that the Town Council: 1. Authorize the Town Manager to execute a contract, in an amount not to exceed $79,000, with EKI
to prepare a closure plan and conduct soil and groundwater sampling for the former wastewater ponds once the Purchase and Sales Agreement is fully executed, and 2. Authorize a Budget Amendment in the amount of $79,000 to fund the work, with the source of
funds being General Fund Operating Reserves. Exhibit(s):
1. Boundary Survey 2. Pond Closure Plan and Sampling Proposal Dated January 10, 2022 3. Sampling Plan Dated February 4, 2019 4. Agreement Dated December 11, 2018 Prepared By: David Eshoo, Associate Engineer
EXHIBIT 1
EXHIBIT 2
Corporate Office 2001 Junipero Serra Boulevard, Suite 300 Daly City, California 94104
(650)292-9100 ekiconsult.com
Oakland, CA (510) 452-5700 ● Larkspur, CA (415) 464-9245 ● Irvine, CA (949) 293-0999 ● Centennial, CO (303) 796-0556
10 January 2022
Mr. David Eshoo
Associate Engineer
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, California 94920
Subject: Proposal for Environmental Services
Richardson Bay Sanitation District Ponds Closure Plan and Investigation
Tiburon, California
(EKI B80136.01)
Dear Mr. Eshoo:
EKI Environment & Water, Inc. (EKI) is pleased to submit this proposal to prepare a
closure plan and conduct soil and groundwater sampling for the former wastewater
ponds located at the Richardson Bay Sanitation District (RBSD) wastewater treatment
facility located at 500 Tiburon Boulevard, Tiburon, California (Site). This proposal has
been prepared in accordance with the sampling plan dated 4 February 2019 as modified
based on subsequent discussions with the California Regional Water Quality Control
Board (RWQCB) during November and December 2021. The work will be completed in
accordance with the Agreement between the Town of Tiburon and EKI dated 11
December 2018.
BACKGROUND
EKI understands that the Town of Tiburon (Town or Client) is purchasing the property
containing the RBSD ponds and wishes to work toward closure of the ponds. The scope
of work described below includes: (a) coordination with the RWQCB regarding
requirements and steps for a closure plan; (b) preparation of a closure plan for submittal
to the RWQCB; (c) performing sediment and pond water sampling and analysis for
purposes of closure characterization; (d) performing additional soil and groundwater
investigation for purposes of assessing the environmental condition of fill soil and
groundwater in the vicinity of the north end of the ponds area (Ponds 3 and 4), which is
the portion of the Site first developed and used as wastewater ponds beginning in the
1950s; and (e) reporting of results.
The ponds are numbered Pond 1 through Pond 4 from south to the north. The ponds
are connected in series with flow from south to north then to the treatment plant. The
ponds are not lined and appear to have been constructed in fill soil that may overlay
Mr. David Eshoo
Town of Tiburon
RBSD Ponds Closure Plan and Investigation
10 January 2022
Page 2 of 8
clay. The ponds are approximately four to five feet deep in the middle and one to two
feet deep at the perimeter. Flow between ponds is controlled by weirs. The ponds
cannot be completely emptied using the weir controls.
Sampling is proposed to be conducted with water in the ponds at the lowest level that
can be reached using the weirs. The thickness of sediment at the bottom of the ponds is
not known but, during a 19 December 2018 Site visit, the RBSD staff estimated there
may be about a six- inch thickness of sediment in the bottom of the ponds.
PROPOSED SCOPE OF WORK
Task 1: RWQCB Discussions and Coordination
As part of the scoping for the closure plan and sampling, EKI has contacted the RWQCB
and held discussions regarding requirements for closure of the RBSD ponds and the
potential schedule for RWQCB review of the closure plan. Discussions have included a
conference call and e-mail correspondence over the months of November and
December 2021 and January 2022. The scope for this task includes these completed
discussions and future correspondence and discussions with RWQCB as needed to
coordinate the submittal and review of the closure plan.
Task 2: Preparation and Submittal of Closure Plan
EKI will prepare a Closure Plan for submittal to the RWQCB. Based on preliminary
discussions with the RWQCB regarding the Closure Plan, the scope of the Closure Plan is
expected to include the following:
• Assessment methods for the quantity of biosolids in the ponds;
• Sampling and analysis methods for the biosolids, pond water, and underlying
soil;
• Method for biosolids removal (if deemed appropriate based on sampling
results);
• Pond dewatering plan, including expected volume and location where water will
be used or discharged;
• Planned source of fill for the ponds and grading plan;
• Site and vicinity maps; and
• Expected timeframe for decommissioning of the ponds.
A draft Closure Plan will be provided for the Town’s review in Adobe Acrobat and
Microsoft Word formats. After review comments are received, EKI will revise the
Mr. David Eshoo
Town of Tiburon
RBSD Ponds Closure Plan and Investigation
10 January 2022
Page 3 of 8
Closure Plan and will provide a final Closure Plan in Adobe Acrobat format for submittal
to the RWQCB.
Task 3: Sampling and Analysis for Closure
EKI will perform sampling and analysis in accordance with the RWQCB-approved Closure
Plan. Sampling will be performed as described below.
General Sampling Procedures
Prior to the start of sampling, the following will be conducted:
• Prepare a site-specific health and safety plan;
• Notify Underground Service Alert at least 48 hours before sample collection:
• Engage a private utility location firm survey for underground utilities at the
locations of the three borehole locations;
• Obtain Marin County permits for drilling of the boreholes; and
• Assemble field equipment and supplies, subcontract with a driller, and
coordinate with a State-certified laboratory.
Sample collection procedures will be generally as discussed below but may need to be
modified based on RWQCB comments on the Closure Plan or based on field conditions
as determined by the sampling technicians at the time of collection. This investigation
will be conducted under the supervision of a California-registered professional geologist
or civil engineer.
A sample label will be attached to each sample container. The label will include a unique
sample identification number, the time, and the date of when the sample was collected.
The samples will be placed in a cooler for temporary storage and transport by courier
under chain- of-custody procedures to a California-certified laboratory for chemical
analysis.
All downhole sampling equipment and supplies will be cleaned before each use. Excess
sediment and soil from pond sampling will be placed on the pond bottom in a location
near the sampling location where it was obtained. Investigation-derived washwater and
excess soil cutting from drilling boreholes (IDW) will be placed in 5-gallon plastic pails or
55-gallon steel DOT-approved drums. The containers will have a secure lid/cover and be
labeled and staged temporarily on-Site. The IDW will be disposed as appropriate after
receipt of sample analytical result.
Mr. David Eshoo
Town of Tiburon
RBSD Ponds Closure Plan and Investigation
10 January 2022
Page 4 of 8
Pond Sediment, Soil, and Pond Water Sampling Procedures
Procedures for collection of the samples will be as described in the approved Closure
Plan. For budgeting purposes, the assumed procedures are described below.
Coordination with the RBSD: EKI will coordinate with RBSD to determine how much
advance notice is needed for the RBSD to stop recycled water flow to the ponds and
reduce the water level in the ponds to the lowest level possible using the existing weirs.
Provide the notice required before start of sample collection.
Determining Specific Sample Locations: Sampling locations will be selected based on the
water level in the ponds and consideration of safe working conditions by the field
technicians conducting the work. Based on initial discussions with the RWQCB, it is
assumed for budgeting purposes that a total of ten sediment samples will be collected
across the four ponds, with soil samples collected at three of these locations. The target
locations will be spaced regularly across the ponds, as feasible. Sampling locations may
be in locations with one to two feet of standing water. The locations will be documented
based on the approximate distances to fences or other Site features.
Isolation Casing Installation: A short length of thin-walled pipe (e.g., aluminum irrigation
pipe or similar) that has a 4-inch or larger diameter will be pushed or pounded through
the sediment and approximately 3 inches or more into underlying soil at the sampling
location. Standing water within the pipe will be evacuated to the extent feasible with a
bailer or other hand- operated pumping device.
Sediment Sampling: A sediment sample will be collected from within the isolation casing
using a clean plastic or stainless-steel scoop and placed in an appropriate pre-cleaned
sample container (e.g., glass jar). After filling the sample container, sediment (and any
mixture of sediment and soil at the interface if these layers) that remains inside the
isolation casing will be removed with the scoop to expose the underlying soil. Sediment
and soil removed after sample collection will be placed on the pond bottom outside of
the isolation casing.
Soil Sampling: Soil sampling within the isolation casing will be conducted using a hand
augur and/or slide-hammer tool fitted with spoon sampler. The sampler will be
advanced to a depth of approximately 12-inches into the soil, as measured from below
the sediment buildup. Soil from a depth of approximately 0 to 3-inches and from 9 to
12-inches will be retained in zip- closure plastic bags for field observation and physical
description. Soil from approximately 3 to 9-inches depth will be placed in a container for
shipment to the laboratory. Soil samples for laboratory analyses will be collected in pre-
cleaned brass or stainless-steel liners with end caps or other appropriate pre-cleaned
Mr. David Eshoo
Town of Tiburon
RBSD Ponds Closure Plan and Investigation
10 January 2022
Page 5 of 8
container (e.g., glass jar). After completion of sample collection, hydrated bentonite
pellets will be placed in the soil borehole and the isolation casing removed.
Pond Water Sampling: One pond water sample and a duplicate sample will be collected
from one of the four ponds.
Laboratory Analysis
The ten pond sediment samples and three pond soil samples will be delivered to the
laboratory as discrete samples. The laboratory will prepare two five-point composites of
the sediment samples as received (i.e., wet) on an equal-parts by weight basis. The soil
samples will not be composited.
Pond sediment and soil samples will be analyzed by the laboratory in accordance with
methods described in the RWQCB-approved Closure Plan. Based on preliminary
discussions with RWQCB, it is assumed for budgeting purposes that the analytical
methods will be as follows:
• Extractable total petroleum hydrocarbons (TPH) using U.S. EPA Method 8015B
(with silica gel cleanup);
• Metals (CAM 17: Antimony, Arsenic, Barium, Beryllium, Cadmium, Chromium,
Cobalt, Copper, Lead, Mercury, Molybdenum, Nickel, Selenium, Silver, Thallium,
Vanadium, Zinc) using U.S. EPA Method 6020/7000;
• Organochlorine pesticides using U.S. EPA Methods 8080/8081/8082;
• Polychlorinated biphenyls using U.S. EPA Methods 8080/8081/8082;
• pH using EPA Method 9040;
• Volatile organic compounds (VOCs) using EPA Method 8260; and
• Semi-volatile organic compounds (SVOCs) using US EPA Method 8270; and
• Percent moisture.
The pond sediment samples are also assumed to be analyzed for the following
additional analytes:
• Fecal coliform; and
• Total Kjeldahal nitrogen and ammonia-nitrogen.
The pond water sample is assumed to be analyzed for the following:
• VOCs using EPA Method 8260B;
• SVOCs using US EPA Method 8270C;
• Electrical conductivity;
• Biochemical oxygen demand using EPA Method 405.1; and
Mr. David Eshoo
Town of Tiburon
RBSD Ponds Closure Plan and Investigation
10 January 2022
Page 6 of 8
• Nitrate using EPA Method 300.0.
Analysis will be performed on a standard laboratory turnaround time of 10 working
days.
Task 4: Sampling and Analysis for Environmental Characterization of Fill Material
Soil and grab groundwater samples will be collected from three locations. Borehole
drilling will be conducted by a California-licensed drilling contractor using a truck-
mounted hollow-stem auger drill rig or push-probe rig. Each borehole will be drilled to a
depth of approximately 2 to 3 feet below the first encountered groundwater, which is
estimated to occur at approximately 10 to 20 feet below ground surface (bgs) at the
Site. The borehole will be continuously cored and soil lithology logged. One soil sample
per borehole will be collected at approximately 5 to 10 feet bgs, at approximately two
feet above the water table, for chemical analysis.
Upon reaching the total depth in the borehole, a length of new 3⁄4-inch diameter
slotted PVC casing and well screen will be placed into the hole and the drilling rods
retracted. One grab groundwater sample will be collected from each borehole under a
low-flow protocol using a peristaltic pump with new polyethylene tubing placed down
the hole and new flexible tubing installed in the pump. A duplicate sample will be
collected from one borehole. Grab groundwater samples will be placed in clean sample
containers provided by the laboratory.
After sample collection, the temporary PVC casing will be removed, and the borehole
grouted to ground surface in accordance with Marin County permit requirements.
The three soil samples from the soil borings will be analyzed for the following:
• TPH using U.S. EPA Method 8015B (with silica gel cleanup);
• Metals (CAM 17: Antimony, Arsenic, Barium, Beryllium, Cadmium, Chromium,
Cobalt, Copper, Lead, Mercury, Molybdenum, Nickel, Selenium, Silver, Thallium,
Vanadium, Zinc) using U.S. EPA Method 6020/7000;
• Organochlorine pesticides using U.S. EPA Methods 8080/8081/8082;
• Polychlorinated biphenyls using U.S. EPA Methods 8080/8081/8082;
• pH using EPA Method 9040;
• VOCs using EPA Method 8260B; and
• SVOCs using US EPA Method 8270C; and
• Percent moisture.
The three grab groundwater samples and the duplicate sample will be analyzed for the
following:
Mr. David Eshoo
Town of Tiburon
RBSD Ponds Closure Plan and Investigation
10 January 2022
Page 7 of 8
• Purgeable and extractable TPH using U.S. EPA Method 8015B;
• VOCs using EPA Method 8260B; and
• CAM 17 metals using U.S. EPA Method 6020/7000.
Task 5: Reporting
After receipt of laboratory analytical reports, a summary report will be prepared that
will describe the work completed, summarize field observations and analytical results,
show sample locations on a figure, and append laboratory analytical reports. A draft of
the report will be submitted to the Town of Tiburon for review and comment before
preparation of the final report. The report will include recommendations regarding the
need for removal/remediation related to chemicals of concern in sediments and soil and
closure of the ponds. The report will not address geotechnical issues that might be
associated with filling the ponds or otherwise altering the current physical
configuration.
PROJECT SCHEDULE
We are prepared to begin work immediately on this project upon receipt of the Town of
Tiburon’s authorization to proceed. We estimate it will take approximately one month
to complete the draft Closure Plan described in Task 2, that it will take eight weeks to
complete Tasks 3 and 4 once the Closure Plan is approved by the RWQCB, and that it
will take three weeks to complete the draft report under Task 5 once the sampling
results are obtained. Thus, assuming RWQCB takes approximately one month to review
the workplan and that it takes about one month to address any RWQCB questions
and/or comments, it will take approximately six months to complete the work
described in this proposal. Depending upon the results of the investigations, additional
work may be required extending the schedule beyond indicated here.
COMPENSATION FOR CONSULTING SERVICES
A breakdown of the proposed initial budget for each of the tasks is provided below:
Mr. David Eshoo
Town of Tiburon
RBSD Ponds Closure Plan and Investigation
10 January 2022
Page 8 of 8
Proposed Task Estimated Cost
Task 1: RWQCB Discussions and Coordination $6,000
Task 2: Preparation and Submittal of Closure Plan $19,500
Task 3: Sampling and Analysis for Closure $23,000
Task 4: Sampling and Analysis for Environmental Characterization of Fill $16,000
Task 5: Reporting and Project Management $14,500
Total Proposed Budget $79,000
As the project evolves EKI will prepare Work Authorizations for additional work as
necessary and when requested by the Town of Tiburon. Additional costs may be incurred
to reimburse the RWQCB for their involvement in the project. No budget is included for
the RWQCB in this proposal.
We are pleased to have the opportunity to work with you on this project. Please call if
you have any questions or wish to discuss this proposal in greater detail.
EKI ENVIRONMENT & WATER, INC.
Earl James, P.G. C. David Umezaki, P.E.
Vice President Project Manager
AUTHORIZATION
Town of Tiburon (Client)
By____________________________
Title__________________________
Date_________________________
Attachments: Schedule of Charges, dated 1 January 2022
Client/Address: Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920
Proposal/Agreement Date: 10 January 2022 EKI Proposal/Project # B80136.01
SCHEDULE OF CHARGES FOR EKI ENVIRONMENT & WATER, INC. 1 January 2022
Personnel Classification Hourly Rate
Officer and Chief Engineer-Scientist 307
Principal Engineer-Scientist 296
Supervising I, Engineer-Scientist 286
Supervising II, Engineer-Scientist 276
Senior I, Engineer-Scientist 265
Senior II, Engineer-Scientist 255
Associate I, Engineer-Scientist 244
Associate II, Engineer-Scientist 230
Engineer-Scientist, Grade 1 214
Engineer-Scientist, Grade 2 202
Engineer-Scientist, Grade 3 185
Engineer-Scientist, Grade 4 165
Engineer-Scientist, Grade 5 145
Engineer-Scientist, Grade 6 128
Project Assistant 130
Technician 116
Senior GIS / Database Analyst 150
CADD Operator / GIS Analyst 133
Senior Administrative Assistant 147
Administrative Assistant 115
Secretary 96 Direct Expenses Reimbursement for direct expenses, as listed below, incurred in connection with the work will be at cost plus fifteen percent (15%) for items such as:
a. Maps, photographs, reproductions, printing, equipment rental, and special supplies related to the work.
b. Consultants, soils engineers, surveyors, drillers, laboratories, and contractors.
c. Rented vehicles, local public transportation and taxis, travel, and subsistence.
d. Special fees, insurance, permits, and licenses applicable to the work.
e. Outside computer processing, computation, and proprietary programs purchased for the work.
A Communication charge for e-mail access, web conferencing, cellphone calls, messaging and data access, file sharing, local and long distance telephone calls and conferences, facsimile transmittals, standard delivery U.S. postage, and incidental in-house copying will be charged at a rate of 4% of labor charges. Large volume copying of project documents, e.g., bound reports for distribution or project-specific reference files, will be charged as a project expense as described above.
Reimbursement for company-owned automobiles, except trucks and four-wheel drive vehicles, used in connection with the work will be at the rate of sixty cents ($0.60) per mile. The rate for company-owned trucks and four-wheel drive vehicles will be seventy-five cents ($0.75) per mile. There will be an additional charge of thirty dollars ($30.00) per day for vehicles used for field work. Reimbursement for use of personal vehicles will be at the federally allowed rate plus fifteen percent (15%).
CADD Computer time will be charged at twenty dollars ($20.00) per hour. In-house material and equipment charges will be in accordance with the current rate schedule or special quotation. Excise taxes, if any, will be added as a direct expense.
Rate for professional staff for legal proceedings or as expert witnesses will be at a rate of one and one-half times the Hourly Rates specified above.
The foregoing Schedule of Charges is incorporated into the Agreement for the Services of EKI Environment & Water, Inc. and may be updated annually.
EXHIBIT 3
Corporate Office
577 Airport Boulevard, Suite 500 Burlingame, CA 94010 (650) 292-9100 ekiconsult.com
MEMORANDUM
4 February 2019
To: Patrick Barnes, PE, Director of Public Works/Town Engineer, Town of Tiburon
From: Steven Miller, PE, EKI Environment & Water, Inc.
Nelson Schlater, PE, EKI Environment & Water, Inc.
Subject: Sampling and Analysis Plan
Richardson Bay Sanitation District Wastewater Ponds Investigation
500 Tiburon boulevard, Tiburon, California
(EKI B80136.00)
EKI Environment & Water, Inc. (“EKI”) is pleased to submit this sampling plan for assessment of
the wastewater ponds located at the Richardson Bay Sanitation District (“RBSD”) wastewater
treatment facility located at 500 Tiburon Boulevard, Tiburon, California (“Site”). This sampling
plan has been prepared as described in Task 3 of EKI’s proposal dated 27 November 2018,
which is part of the Agreement between the Town of Tiburon and EKI dated 11 December 2018.
INTRODUCTION
Objectives
The objectives of the proposed investigation are as follows:
• Determine whether chemicals of potential concern are present in sediment and soil at
the bottom of the ponds so that this information can be used to help determine how to
handle these materials in connection with the potential future closure of the ponds; and
• Assess the environmental condition of fill soil and groundwater in the vicinity of the
north end of the ponds area (Ponds 3 and 4), which is the area first developed and used
as wastewater pond area since the 1950s.
Background
For this sampling plan, the ponds are numbered Pond 1 through Pond 4 from south to the
north, as shown on the attached Figure 1. EKI understands that the ponds are connected in
series with flow from south to north then to the treatment plant. The ponds are not lined and
appear to have been constructed in fill soil that may overlay clay. The ponds are approximately
four to five feet deep in the middle and one to two feet deep at the perimeter. Flow between
ponds is controlled by weirs. The ponds cannot be completely emptied using the weir controls.
Sampling and Analysis Plan
Richardson Bay Sanitation District Wastewater Pond Investigation
4 February 2019
Page 2 of 5
Sampling is proposed to be conducted with water in the ponds at the lowest level that can be
reached using the weirs. The thickness of sediment at the bottom of the ponds is not known
but, during a 19 December 2018 Site visit, the RBSD staff estimated there may be about a six-
inch thickness of sediment in the bottom of the ponds.
PROPOSED SCOPE AND PROCEDURES
As shown on Figure 1, two sampling locations per pond and three soil borings are proposed.
Samples will be collected generally as described below.
General Procedures
Prior to the start of sampling, the following will be conducted:
• Prepare a site-specific health and safety plan;
• Notify Underground Service Alert at least 48-hours before sample collection:
• Engage a private utility location firm survey for underground utilities at the locations of
the three borehole locations;
• Obtain Marin County permits for drilling of the boreholes; and
• Assemble field equipment and supplies, subcontract with a driller, and coordinate with a
State-certified laboratory.
Sample collection procedures will be generally as discussed below but may need to be modified
based on field conditions as determined by the sampling technicians at the time of collection.
This investigation will be conducted under the supervision of a California-registered
professional geologist or civil engineer.
A sample label will be attached to each sample container. The label will include a unique
sample identification number, the time, and the date of when the sample was collected. The
samples will be placed in a cooler for temporary storage and transport by courier under chain-
of-custody procedures to a California-certified laboratory for chemical analysis.
All downhole sampling equipment and supplies will be cleaned before each use. Excess
sediment and soil from pond sampling will be placed on the pond bottom in a location near the
sampling location where it was obtained. Investigation-derived washwater and excess soil
cutting from drilling boreholes (“IDW”) will be placed in 5-gallon plastic pails or 55-gallon steel
DOT-approved drums. The containers will have a secure lid/cover and be labeled and staged
Sampling and Analysis Plan
Richardson Bay Sanitation District Wastewater Pond Investigation
4 February 2019
Page 3 of 5
temporarily on-Site. The IDW will be disposed as appropriate after receipt of sample analytical
result.
Pond Sediment and Soil Sampling Procedures
Two locations will be sampled in each pond and two samples will be collected at each location,
one sample will be of the pond sediment and the other of the underlying soil taken from 0 to
12-inches beneath the sediment. Procedures for collection of the samples are described below.
Coordination with the RBSD: Coordinate Mr. Johnny Tucker of the RBSD to determine how
much advance notice is needed for the RBSD to stop recycled water flow to the ponds and
reduce the water level in the ponds to the lowest level possible using the existing weirs.
Provide the notice required before start of sample collection.
Determine Specific Sample Locations: Figure 1 shows the approximate locations to be sampled.
Actual locations will differ from these locations based on the water level in the ponds and
consideration of safe working conditions by the field technicians conducting the work. The
target locations will be approximately one-third to one-half the distance from the pond edge to
pond center (as measured from the pond edge), and approximately equally spaced across the
pond. Sampling locations may be in locations with one to two feet of standing water. The
locations will be documented based on the approximate distances to fences or other Site
features.
Isolation Casing Installation: A short length of thin-walled pipe (e.g., aluminum irrigation pipe
or similar) that has a 4-inch or larger diameter will be pushed or pounded through the sediment
and approximately 3 inches or more into underlying soil at the sampling location. Standing
water within the pipe will be evacuated to the extent feasible with a bailer or other hand-
operated pumping device.
Sediment Sampling: A sediment sample will be collected from within the isolation casing using
a clean plastic or stainless-steel scoop and placed in an appropriate pre-cleaned sample
container (e.g., glass jar). After filling the sample container, sediment (and any mixture of
sediment and soil at the interface if these layers) that remains inside the isolation casing will be
removed with the scoop to expose the underlying soil. Sediment and soil removed after sample
collection will be placed on the pond bottom outside of the isolation casing.
Sampling and Analysis Plan
Richardson Bay Sanitation District Wastewater Pond Investigation
4 February 2019
Page 4 of 5
Soil Sampling: Soil sampling within the isolation casing will be conducted using a hand augur
and/or slide-hammer tool fitted with spoon sampler. The sampler will be advanced to a depth
of approximately 12-inches into the soil, as measured from below the sediment buildup. Soil
from a depth of approximately 0 to 3-inches and from 9 to 12-inches will be retained in zip-
closure plastic bags for field observation and physical description. Soil from approximately 3 to
9-inches depth will be placed in a container for shipment to the laboratory. Soil samples for
laboratory analyses will be collected in pre-cleaned brass or stainless-steel liners with end caps
or other appropriate pre-cleaned container (e.g., glass jar). After completion of sample
collection, hydrated bentonite pellets will be placed in the soil borehole and the isolation casing
removed.
Borehole Drilling and Soil and Grab Groundwater Sampling
Soil and grab groundwater samples will be collected from three locations. Borehole drilling will
be conducted by a California-licensed drilling contractor using a truck-mounted hollow-stem
auger drill rig or push-probe rig. Each borehole will be drilled to a depth of approximately 2 to
3 feet below the first encountered groundwater, which is estimated to occur at approximately
10 to 20 feet below ground surface (“bgs”) at the Site. The borehole will be continuously cored
and soil lithology logged. One soil sample per borehole will be collected at approximately 5 to
10 feet bgs, at approximately two feet above the water table, for chemical analysis.
Upon reaching the total depth in the borehole, a length of new ¾-inch diameter slotted PVC
casing and well screen will be placed into the hole and the drilling rods retracted. One grab
groundwater sample will be collected from each borehole under a low-flow protocol using a
peristaltic pump with new polyethylene tubing placed down the hole and new flexible tubing
installed in the pump. A duplicate sample will be collected from one borehole. Grab
groundwater samples will be placed in clean sample containers provided by the laboratory.
After sample collection, the temporary PVC casing will be removed, and the borehole grouted
to ground surface in accordance with Marin County permit requirements.
Laboratory Analysis of Samples
The samples of sediment, soil, and groundwater will be submitted to a State certified analytical
laboratory for chemical analysis.
The eight pond sediment samples and eight pond soil samples will be delivered to the
laboratory as discreet samples. The laboratory will prepare composites of the samples as
received (i.e., wet) on an equal-parts by weight basis such that two samples from the same
Sampling and Analysis Plan
Richardson Bay Sanitation District Wastewater Pond Investigation
4 February 2019
Page 5 of 5
pond will be composited for a single analysis. After compositing, the total number of pond
samples to be analyzed will be four sediment samples and four soil samples.
Pond sediment and soil samples will be analyzed by the laboratory as follows:
• Extractable total petroleum hydrocarbons (“TPH”) using U.S. EPA Method 8015B (with
silica gel cleanup);
• Metals (CAM 17: Antimony, Arsenic, Barium, Beryllium, Cadmium, Chromium, Cobalt,
Copper, Lead, Mercury, Molybdenum, Nickel, Selenium, Silver, Thallium, Vanadium,
Zinc) using U.S. EPA Method 6020/7000;
• Organochlorine pesticides using U.S. EPA Methods 8080/8081/8082;
• Polychlorinated biphenyls using U.S. EPA Methods 8080/8081/8082;
• Polynuclear aromatic hydrocarbons using US EPA Method 8270C; and
• Percent moisture.
The three soil samples from the soil borings will be analyzed for the same list of analytes as for
the pond samples, above. The three grab groundwater samples and the duplicate sample will
be analyzed for the following:
• Purgeable and extractable TPH using U.S. EPA Method 8015B;
• Volatile Organic Compounds using EPA Method 8260B; and
• Metals (CAM 17) using U.S. EPA Method 6020/7000.
Reporting
After receipt of laboratory analytical reports, a summary report will be prepared that will
describe the work completed, summarize field observations and analytical results, show sample
locations on a figure, and append laboratory analytical reports. A draft of the report will be
submitted to the Town of Tiburon for review and comment before preparation of the final
report.
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EXHIBIT 4
TOWN OF TIBURON PAGE 1 OF 3
STAFF REPORT
To: Mayor and Members of the Town Council
From: Community Development Department
Subject: Public hearing to consider a recommendation from the Planning Commission to amend subsection 16-52.100 of Section 16-52 of Chapter 16 of Title IV of
the Tiburon Municipal Code and Repealing Subsection (Introduction of an
Ordinance and First Reading) 16-52.105 of Chapter 16 of Title IV of the Tiburon Municipal Code Regarding Accessory Dwelling Units and Junior Accessory Dwelling Units. Reviewed By: _________
Greg Chanis, Town Manager
________
Benjamin Stock, Town Attorney
SUMMARY To adopt revisions to the Accessory Dwelling Units and Junior Accessory Dwelling Units regulations and repeal Subsection 16-52.105 of Chapter 16 of Title IV o the Tiburon Municipal Code regarding
Accessory Dwelling Units and Junior Accessory Dwelling Units as recommended by the Planning Commission. RECOMMENDED ACTION(S) 1. Move to read by title only and introduce the ordinance waiving further reading. 2. Hold a roll call vote on the introduction.
BACKGROUND The California Legislature passed five (5) bills in 2019 that have substantive effects on the existing regulatory framework for accessory dwelling units and junior accessory dwelling units. All five bills, specifically, AB 68, SB 13, AB 881, AB 587, and AB 670 were signed by the Governor in October
2019 and went into effect on January 1, 2020. Cities and counties throughout the State have amended their zoning ordinances in response to the new laws. The general purpose of the legislation was to provide additional opportunities for affordable housing in California. Prior to 2003, secondary dwelling unit applications were subject to a conditional use permit process in
the Town of Tiburon. In 2016, three bills were signed by the governor to require secondary dwelling units to be called “accessory dwelling units” (ADU). In Town regulations, such units are defined generally as independent, self-contained dwelling units, which may be attached or detached from a primary unit and may be constructed in single-family residential zones and/or in multi-family residential zones subject to local discretion. ADUs are strongly encouraged and facilitated by the state
and are supported by the Town through General Plan policies.
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting February 2, 2022
Agenda Item: PH-1
Town Council Meeting February 2, 2022
TOWN OF TIBURON PAGE 2 OF 3
On February 19, 2020, the Town Council adopted Ordinance 587 amending the Municipal Code regarding accessory dwelling units. Since adoption of the Town’s Accessory Dwelling Unit Ordinance, staff has processed several permits, discussed development potential with applicants and
determined the existing ordinance required amendments to provide clarity regarding the process and to
arrange the existing ordinance in a manner which is easily understood. On April 12, 2021, May 12, 2021, and June 9, 2021, the Planning Commission held public hearings to discuss the proposed changes to the existing ordinance and receive public testimony. On June 9, 2021,
the Planning Commission recommended to the Town Council an amended ordinance that included
additional definitions, reorganization of the existing document and a proposed change to increase the allowable square footage for an accessory dwelling unit from a maximum of 1,000 square feet to 1,200 square feet.
On August 4, 2021, the Town Council held a public hearing to consider the Planning Commission’s
recommendation to amend subsection 16-52.100. The Town Council held the public hearing and directed staff to return to the Planning Commission to reconsider the maximum allowable square footage of 1,200 square feet and reduce the square footage to 1,000 square foot maximum and to develop appropriate language pertaining to setbacks within the front yard of properties located within
a Planned Development Area.
On December 8, 2021, the Planning Commission held a public hearing, took public testimony and after a lengthy discussion and much consideration, the Planning Commission recommended a maximum allowable 1200 square footage and a 30 foot front yard setback for parcels within Planned
Development Areas which do not have a previously prescribed setback for the parcel. ANALYSIS Senate Bill 13, Assembly Bill 881 and Assembly Bill 68 regarding accessory dwellings units
review and approval process that all ADUs and JADUs must be reviewed ministerially and time
to act on a permit application from the local jurisdiction is 60 days for an application to be deemed complete, where the current law provides for 120 days. The state legislation requires substantive revisions to the Town’s regulations governing accessing dwelling units, including new and modified definitions and clarifications of review and timelines for actions. The standards
which currently apply to accessory dwelling units in the Town were adopted in February 2020 by
the Town Council. Since the adoption of the ordinance in February 2020, staff has applied the new regulations while reviewing new applications for accessory dwelling units, and found a few inconsistencies, as well
missing definitions, and a need to reorganize the ordinance for ease of use. Many of the changes
were somewhat minor but necessary so that the public can easily understand the guidelines and process for review and approval during the ministerial review of the project. Staff reorganized the ordinance made some changes to the text and added definitions to begin the public review process.
On April 12, 2021, May 12, 2021, June 9, 2021 and December 8, 2021, the Planning Commission held public hearings to discuss the proposed changes to the existing Ordinance. The Commission identified concerns regarding the size of the allowable accessary dwelling units and after much
Town Council Meeting February 2, 2022
TOWN OF TIBURON PAGE 3 OF 3
discussion the Commission amended the maximum square footage of an accessory dwelling unit to 1,200 square feet, previously the maximum was 1,000 Square feet. The Commission reviewed the remainder of the proposed changes to the organization of the document, including adding clarification regarding front yard setbacks in Planned Development Areas where front yard
setbacks have not been identified, added definitions and unanimously approved the proposed
resolution and Draft Ordinance. The Planning Commission Resolution is provided as Exhibit 1. The draft resolution and Accessory Dwelling Unit Ordinance is provided as Exhibit 2.
FINANCIAL IMPACT
Staff anticipates that there will be no fiscal impact resulting from adoption of the Ordinance. CLIMATE IMPACT
Staff has determined this action will have no direct climate impact to Tiburon. ENVIRONMENTAL REVIEW
Staff has preliminarily determined the proposed amendments to the Municipal Code are exempt
from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3), general rule, which applies to any action where can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. Therefore, no further environmental review is necessary.
RECOMMENDATION Staff recommends that the Town Council:
1. Hold a public hearing and consider all testimony 2. Make revisions as appropriate 3. Waive first reading of the Ordinance and Read by Title only and approve the Ordinance
Exhibits
1. Draft Town Council Ordinance 2. Existing ADU Ordinance 3. Planning Commission resolution recommending the proposed zoning amendment
4. Staff Report (Planning Commission) December 8, 2021
Prepared By: Dina Tasini, Director of Community Development
EXHIBIT 1
1
[Type here] [Type here] Exhibit 1
TOWN OF TIBURON
ORDINANCE NO. N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AMENDING SUBSECTION 16-52.100 OF SECTION 16-52 OF CHAPTER 16 OF
TITLE IV OF THE TIBURON MUNICIPAL CODE AND REPEALING
SUBSECTION 16-52.105 OF SECTION 16-52 OF CHAPTER 16 OF TITLE IV OF
THE TIBURON MUNICIPAL CODE REGARDING ACCESSORY DWELLING
UNITS AND JUNIOR ACCESSORY DWELLING UNITS
WHEREAS, in October 2019, the Governor signed a trio of bills amending
Government Code sections 65852.2 and 65852.22 regarding Accessory Dwelling Units and
Junior Accessory Dwelling Units; and
WHEREAS the new State Accessory Dwelling Unit laws become effective on
January 1, 2020; and
WHEREAS the Planning Commission held a duly noticed public hearings on April
12, 2021, May 12, 2021 and June 9, 2021; and
WHEREAS, on June 9, 2021, the Planning Commission reviewed the draft
ordinance, recommended changes, determined that the amendments were exempt from
CEQA, and adopted a resolution recommending the draft ordinance with changes to the
Town Council.
WHEREAS, the Town Council held a duly noticed public hearing on August 4,
2021, regarding the Planning Commission's recommendation to revise the ordinance for
the review. approval, denial and development of Accessory Dwelling Units and Junior
Accessory Dwelling Units and requested further review by the Planning Commission; and
WHEREAS, on December 8, 2022, the Planning Commission reviewed the draft
ordinance, recommended changes, determined that the amendments were exempt from
CEQA, and adopted a resolution recommending the draft ordinance.
WHEREAS, on February 16, 2022, the Accessory Dwelling Unit and Junior Accessory
Dwelling Unit ordinance was placed on the consent calendar and adopted by the Town
Council; and
NOW. THEREFORE, the Town Council of the Town of Tiburon does ordain as follows:
2
[Type here] [Type here] Exhibit 1
Section 1. Findings.
The above recitals are hereby declared to be true and correct findings of the Town Council of the Town
of Tiburon. Section 2. Repeal of Subsection 16-52.100 the Municipal Code.
Subsection 16-52.100 of section 16-52 of Chapter 16 of Title IV of the Tiburon Municipal Code is
hereby repealed in its entirety. Section 3. Adoption of Subsection 16-52.100 the Municipal Code.
A new subsection 16-52.100 of section 16-52 of Chapter 16 of Title IV of the Tiburon Municipal Code
is hereby adopted, as set forth in Exhibit A, attached hereto and incorporated herein by reference. Section 4. Repeal of Subsection 16-52.105 of the Municipal Code.
Section 16-52.105 of the Municipal Code is hereby repealed in its entirety.
Section 5. Compliance with CEQA. The proposed amendments to the Municipal Code are exempt from the California Environmental
Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3), general rule, which applies
to any action where can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. Therefore, no further environmental review is necessary. Section 6. Severability.
If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.
Section 7. Effective Date and Publication.
This ordinance shall be in full force and effect thirty (30) days after the date of adoption. Pursuant to the provisions of the California Government Code, a summary of this ordinance shall be prepared by the Town Attorney. At least five (5) days prior to the Town Council meeting at which
adoption of the ordinance is scheduled, the Town Clerk shall (1) publish the summary in a newspaper
of general circulation in the Town of Tiburon, and (2) post in the office of the Town Clerk a certified copy of this ordinance. Within fifteen (15) days after the adoption of this ordinance, the Town Clerk shall (1) publish the summary in a newspaper of general circulation in the Town of Tiburon, and (2) post in the office of the Town Clerk a certified copy of the ordinance along with the names of those
Council members voting for and against the ordinance.
This ordinance was read and introduced at a regular meeting of the Town Council of the Town of Tiburon, held on February 2, 2022, and was adopted at a regular meeting of the Town Council of the Town of Tiburon, held on February 16, 2022, by the following vote:
3
[Type here] [Type here] Exhibit 1
AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
______________________________ JON WELNER, MAYOR TOWN OF TIBURON ATTEST: _____________________________________
LEA STEFANI, TOWN CLERK
1 1
[Type here] [Type here] Exhibit 1
Exhibit A
Proposed Ordinance Chapter 16-52.100- Accessory Dwelling Unit
This purpose of this chapter is to provide for the creation of Accessory Dwelling Units
(“unit”) and Junior Accessory Dwelling Units in a manner consistent with State law. The
purpose for the Town of Tiburon is to expand the opportunity to provide a variety of housing
opportunities, while still preserving the character of the Town.
A. Definitions
1. “Accessory Dwelling Unit” (“ADU”) shall mean an attached or detached residential
dwelling unit that provides complete independent living facilities for one or more persons
and is located on a lot with a proposed or existing dwelling. It shall include permanent provision for living sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is or will be situated
2. “Junior Accessory Dwelling Unit” (“JADU”) shall mean a unit that is no more than 500
square feet in size and contained entirely within an existing single-family structure. A Junior Accessory Dwelling Unit may include separate sanitation facilities or may share sanitation facilities with the existing structure. A Junior Accessory Dwelling Unit must include an efficiency kitchen with a sink, cooking facility with appliances that do not
require electrical service greater than 120 volts, and a food preparation area that is of
reasonable size in relation to the size of the unit. The Junior Accessory Dwelling Unit must include a separate entrance from the main entrance to the structure. The Junior Accessory Dwelling Unit may include an interior entrance connecting the Junior Accessory Dwelling Unit and the primary dwelling unit. The interior entrance may
include a second interior doorway for sound attenuation.
3. “Internal Accessory Dwelling Unit” means an Accessory Dwelling Unit that is contained within the existing space of a single-family residence or accessory structure, has independent exterior access, and does not add any floor area to an existing structure.
4. “Attached Accessory Dwelling Unit” means an Accessory Dwelling Unit that shares a common wall with the primary dwelling unit on the lot, either by being constructed as a physical expansion (i.e., addition) of the primary dwelling unit, conversion of an existing garage attached to the primary dwelling, or installation of a new basement underneath an
existing primary dwelling unit.
5. “Detached Accessory Dwelling Unit” means an Accessory Dwelling Unit that is constructed as a separate structure from the primary dwelling unit on the lot or is created
by the conversion (full or partial) of an existing detached accessory building into an
Accessory Dwelling Unit.
B. Accessory Dwelling Units
B.1 Administration.
This section provides for the establishment and reasonable regulation of Accessory
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[Type here] [Type here] Exhibit 1
Dwelling Units in order to encourage housing opportunities for all segments of the population while ensuring the public health safety and welfare of the town.
1. Application and fee. Applications for an Accessory Dwelling Unit shall be processed ministerially and shall be accompanied by the appropriate fee. Accessory Dwelling Unit
shall be permitted through issuance of a building permit.
2. Accessory Dwelling Units and Junior Accessory Dwelling Units are permitted on lots zoned to allow single-family or multi family dwelling residential use.
3. Director of community development as review authority. Building permit applications for Accessory Dwelling Units shall be acted upon by the director ministerially without discretionary review or a public hearing. The permit shall be reviewed and approved through the Building Division. The building permit application shall be acted upon within
60 days from receipt of a completed application and if not acted upon within that timeline
the application shall be deemed approved. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. A courtesy notice shall be provided to owners of property within one hundred feet of the subject property, as set forth on equalized county tax assessment rolls, at least ten days prior to a decision by the
director.
4. Approved existing Accessory Dwelling Units remain valid. Any secondary dwelling unit legally established with an approved conditional use permit prior to July 1, 2003, and in continued existence shall be deemed a legal, conforming dwelling unit. Secondary
dwelling units established by any such conditional use permit shall continue to comply
with all conditions of original permit approval, and with building code for secondary dwelling units in effect at the time of permit approval. The Town shall not require the correction of any nonconforming zoning condition as a condition of approval for an Accessory Dwelling Unit.
5. Expiration. Accessory Dwelling Unit permits issued in compliance with this section shall expire and become null and void 18 months after building permit issuance unless a certificate of occupancy has been issued by the building division or extension of the existing building have been granted through the building division.
6. Periodic update. The director shall maintain a record of all legal Accessory Dwelling Units and all legal secondary dwelling units and shall review and update the record every two years.
7. Violations considered an infraction. Violations of this section shall be punished as infractions or by administrative citation, in the discretion of the director and shall be subject to the provisions of section 16-56.030 (violations and penalties) and/or Chapter 31 (enforcement of code).
8. Administrative Review. The decision of the director granting or denying an Accessory Dwelling Unit permit is a ministerial decision as required by state law, and not subject to a public hearing.
9. Density. Pursuant to California Government Code Section 68552.2, no Accessory Dwelling Unit approved under these provisions shall be considered in calculating the density of the lot allowed by the land use designation contained in the land use element of the Tiburon General Plan, and Accessory Dwelling Units are deemed a residential use that is consistent with the existing general plan and zoning for the lot.
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[Type here] [Type here] Exhibit 1
B.2 Development Standards.
1. Rental. The Accessory Dwelling Unit may be rented separate from the Primary Unit but may not be rented for a period of less than 30 consecutive days or used as a Vacation Rental. The Accessory Dwelling Unit may not be sold separately from the Primary Unit.
2. Location on Lot. The Accessory Dwelling Unit shall be either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing
primary dwelling and located on the same lot as the proposed or existing primary
dwelling. If detached, the Accessory Dwelling Unit shall be separated from the Primary Unit and any Detached Accessory Building by a minimum of six (6) feet, or as may otherwise be required by the building code.
3. Guaranteed Allowance. All standards related to size, limits on lot coverage, floor
area ratio, open space and/or minimum lot size that apply to an Accessory Dwelling Unit shall not prohibit an Accessory Dwelling Unit measuring 800 square feet of floor area or less, a height of 16 feet or less, and four-foot side and rear yard setbacks, provided the Accessory Dwelling Unit complies with all other applicable standards.
For an Accessory Dwelling Unit that exceeds these standards, the architectural compatibility objective design standards outlined in the subsequent sections shall be applied.
4. Size – Attached ADUs. The total floor area of an attached Accessory Dwelling Unit
shall be as follows:
Table 1: Attached ADU Floor Area
ADU Type ADU Floor Area
One bedroom or less
The total area of floor space shall not exceed 850 sq. ft.
For lots greater than 10,000 sq. ft, the total floor space shall not
exceed 1,000 sq. ft.
More than one bedroom
The total area of floor space shall
not exceed 1,200 sq. ft
In no case may the total floor area of an attached ADU exceed 50%
of an existing primary dwelling
5. Size – Detached ADUs. The total floor area of detached Accessory Dwelling Units shall be as follows:
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[Type here] [Type here] Exhibit 1
Table 2: Detached ADU Floor Area
ADU Type ADU Floor Area
One bedroom or less
The total area of floor space shall not
exceed 850 sq. ft.
For lots greater than 10,000 sq. ft, the total floor space shall not exceed 1,000 sq. ft.
More than one bedroom
The total area of floor space shall not exceed
1,200 sq. ft.
6. For Accessory Dwelling Units which exceed the maximum size limitations set forth in Table 1 or Table 2, Site Plan and Architectural Review will be required as well as a building permit, if approved. As part of this review, the ADU shall comply with all regulations set forth within the land use designation.
7. Setback. Minimum setbacks of Accessory Dwelling Units shall be as follows: Table 3. Minimum Property Line Setback
Property Line ADU Type
Attached and Detached Internal
Front
Same as applicable zone to
the primary dwelling unit.
In the case of an ADU within
a Precise Plan Area or Residential Planned Development Area where no front setback is prescribed, the front setback shall be 30
feet
None required
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[Type here] [Type here] Exhibit 1
8. Side yard setback and height will be verified by a licensed surveyor.
9. Setback exceptions. No Setback shall be required for a lawfully constructed garage in existence prior to January 1, 2017 that is converted in whole or part to an Accessory Dwelling Unit.
10. Height. One story Accessory Dwelling Units shall have a height limit of 16 feet or
no taller than the primary residence at the area of attachment and in no case greater than 30 feet. Accessory Dwelling Units may be two stories and no greater in height than 30 feet.
11. Historic Structures. No demolition of a historic building (Local, State, or Federal
Listing) is allowed as part of the construction of an Accessory Dwelling Unit.
12. Parking. a. One off-street parking space per Accessory Dwelling Unit shall be
required, unless parking exceptions as set forth in section (B) 13 of this
Section apply.
b. When a garage, carport, or covered parking structure is demolished in
conjunction with the construction of an Accessory Dwelling Unit or
converted to an Accessory Dwelling Unit, those off-street parking
spaces need not be replaced. These spaces may be provided as tandem
parking on a driveway.
13. Parking exceptions. No parking shall be required of an Accessory Dwelling Unit in any of the following instances:
a. The Accessory Dwelling Unit is located within one-half mile walking
distance of public transit, as measured along path of travel.
b. The Accessory Dwelling Unit is located within an architecturally and
historically significant historic district.
c. The Accessory Dwelling Unit is part of the proposed or existing primary
residence or an accessory structure, including the conversion of existing
garage or carport.
d. When on-street parking permits are required but not offered to the occupant
of the Accessory Dwelling Unit.
e. When there is a car share vehicle located within one block of the Accessory
Dwelling Unit. "Car share vehicle" shall mean a fixed location identified in
a map available to the general public where at least one automobile is
available daily for immediate use by the general public or members of a car
share service, which vehicle may be reserved for use and accessed at any
Side/Rear 4 ft.*
*No Setback shall be required for an existing living area or accessory structure, or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an Accessory Dwelling Unit or to a portion of an Accessory Dwelling Unit.
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[Type here] [Type here] Exhibit 1
time through an automated application, kiosk, or other method not requiring
a live attendant. This term shall not include vehicles returned to locations
other than fixed locations where automobiles are not routinely available for
immediate use.
14. Fire Sprinklers. Fire sprinklers are not required in an Accessory Dwelling Unit if they are not required of the primary dwelling unit. Fire safety equipment such as smoke detectors may be required.
15. Architectural Compatibility. The Accessory Dwelling Unit shall comply with the
following objective architectural standards. a. Color and Materials. The color and materials of the Accessory Dwelling Unit shall match the Primary Unit.
b. Lighting. Lighting shall be shielded and/or directed such that it does not
produce glare visible from off-site or illuminate adjacent or nearby property.
c. The Accessory Dwelling Unit shall be located at least 10 feet from the top
of any creek bank that exists on the lot of the proposed Accessory Dwelling
Unit. The top of creek bank shall be defined by a licensed civil engineer.
d. The Accessory Dwelling Unit shall have a permanent full kitchen with a
sink, refrigerator, and stove/oven. Only one kitchen is allowed per
Accessory Dwelling Unit.
e. No exterior lights are allowed except two shielded downward pointing lights
at the entry to the Accessory Dwelling Unit.
f. No windows facing the rear and side property lines are allowed when located
less than 6 feet from the rear or side property line.
g. No entryways are allowed within 10 feet of a side or rear property line. h. The Accessory Dwelling Unit is not allowed on any open space easement.
A title report shall be provided to identify all open-space easements.
i. The Accessory Dwelling Unit shall not have any reflective roof or building
material.
j. The roof color of the Accessory Dwelling Unit shall use similar roof
materials and color as the primary dwelling unit.
k. No vents, flues, or appurtenances shall exceed the height limit.
l. No signs are allowed on Accessory Dwelling Unit except an address sign.
m. No portico, trellis or other roof is allowed as part of the Accessory Dwelling
Unit. A 5x5 foot entryway roof is allowed but must be at least 10 feet from
any property line.
n. All Building Code requirements, including Appendix Q of the 2019
Residential Code (Tiny Houses) shall apply to all Accessory Dwelling
Units.
o. The Accessory Dwelling Unit shall not include any other item that would
require discretionary approval, including but not limited to an exterior
shower, exterior sink, pool, BBQ, spa, fence, and/or piping stub outs to the
exterior.
p. Two trees shall be planted at each proposed window of the Accessory
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[Type here] [Type here] Exhibit 1
Dwelling Unit facing a neighboring property where such trees are consistent
with the Fire Code.
16. Any protected tree to be removed as part of a new Accessory Dwelling Unit shall require a tree removal permit.
17. Fire District Regulations. The Accessory Dwelling Unit shall comply with all applicable Fire District regulations, subject to provisions and limitations set forth in Government Code Section 65852.2.
18. Sanitary Service. Adequate sanitary service capacity for the additional increment of
effluent resulting from the Accessory Dwelling Unit shall be available. If the lot is connected to the public sewer system, the applicant shall submit a letter from the appropriate Sanitary District to that effect. If the lot is not connected to the public sewer system, the applicant shall submit a letter from the County of Marin
Environmental Health Department confirming that the individual or alternative
sewage disposal system serving the lot has adequate capacity to accommodate the proposed Accessory Dwelling Unit.
19. Separate Utility Connection. New and separate utility connections shall be required
directly between the Accessory Dwelling Unit and the utility. Consistent with Government Code section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed Accessory Dwelling Unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code
adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service,
20. Premises identification. Any town-assigned street address number for the Accessory
Dwelling Unit shall be plainly visible and legible from the street fronting the property
as required by the applicable building code.
21. Exterior Access and Passageways.
a. Internal Dwelling Units. Internal Accessory Dwelling Units shall have
independent exterior access separate from the primary dwelling.
b. Attached Accessory Dwelling Units. Independent exterior access separate
from the primary dwelling is required. No internal connection is permitted
for attached Accessory Dwelling Units. Exterior access may not encroach
into required setbacks.
c. No passageway shall be required in conjunction with the construction of an
Accessory Dwelling Unit.
C. Junior Accessory Dwelling Units
C.1 Administration.
This section provides for the establishment and reasonable regulation of Junior Accessory
Dwelling Units in order to encourage housing opportunities for all segments of the population while ensuring the public health, safety, and welfare.
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[Type here] [Type here] Exhibit 1
1. Building permit required. No Junior Accessory Dwelling Unit shall be established or used unless a building permit has been issued by the town.
2. Director of Community Development as review authority. Applications for Junior Accessory Dwelling Unit permits shall be acted upon by the director without discretionary review or a public hearing. The Director shall act on the application within 60 days from receipt of a completed application if there is an existing single-
family or multifamily dwelling on the lot. If the application is submitted with a permit application to create a new single-family dwelling on the lot, the Director may delay acting on the application for the Accessory Dwelling Unit until the Town acts on the permit application to create the new single-family dwelling, but the application to create the Accessory Dwelling Unit shall be considered without discretionary review
or hearing. If the applicant requests a delay, the 60- day time period shall be tolled for the period of the delay.
3. Grant of Junior Accessory Dwelling Unit permit. In order to grant a Junior Accessory
Dwelling Unit permit, the Director shall find that the Junior Accessory Dwelling Unit
would comply with the standards set forth in subsection C (2) of this section.
4. Building permits. A building permit and a certificate of occupancy shall be required in conjunction with the installation of a Junior Accessory Dwelling Unit. Any repair,
rehabilitation, or other work associated with the installation of the Junior Accessory
Dwelling Unit shall also obtain building permits where required by law.
5. Expiration. Junior Accessory Dwelling Unit permits issued in compliance with this section shall expire and become null and void 18 months after building permit issuance
unless a certificate of occupancy has been issued by the building division or extension of the existing building have been granted through the building division.
6. Periodic update. The director shall maintain a record of all authorized Junior Accessory Dwelling Units and shall review and update the record every two years. At the review, the owner of record shall verify in writing under penalty of perjury that the Junior Accessory Dwelling Unit is in compliance with the standards for Junior Accessory Dwelling Units and with all operating requirements of the permit
as set forth in applicable ordinances and regulations.
C.2 Development Standards.
1. Maximum Size. Junior Accessory Dwelling Units shall be no greater than 500 square
feet in size and contained entirely within a single-family residence.
2. Owner Occupancy. One of the dwelling units on the site (either the Primary Unit or the Junior Accessory Dwelling Unit) shall be owner-occupied. For purposes
of this standard, "owner" is defined as a person or entity with a majority (i.e.,
fifty-one percent or greater) interest in the property. Property owned in joint tenancy shall be considered a single ownership for any party named. Property owned in tenancy in common shall be considered a single ownership for the party named, unless shares are specified, in which case ownership requires a majority
interest.
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[Type here] [Type here] Exhibit 1
3. Junior Accessory Dwelling Units shall not be sold separately. A prohibition on the sale of the Junior Accessory Dwelling Unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future
purchasers.
4. Rental. The Junior Accessory Dwelling Unit may be rented separate from the Primary Unit but may not be rented for a period of less than 30 consecutive days or used as a
Vacation Rental. The Junior Accessory Dwelling Unit may not be sold separately
from the Primary Unit.
5. Location. No more than one Junior Accessory Dwelling Unit is permitted on a residential lot within an existing single-family structure. No setbacks apply to
Internal/Junior Accessory Dwelling Units.
6. Size. Maximum floor area allowed is 500 square feet.
7. Architectural Compatibility. The Junior Accessory Dwelling Unit shall comply
with the following objective design standards:
a. All Building Code requirements, including Appendix Q of the 2019
Residential Code (Tiny Houses) shall apply to all Junior Accessory
Dwelling Units.
b. The Junior Accessory Dwelling Unit shall have a permanent efficiency
kitchen as defined in A (2). Only one kitchen is allowed per Junior
Accessory Dwelling Unit.
c. A Junior Accessory Dwelling Unit may include separate sanitation facilities
or may share sanitation facilities with the existing structure.
d. No portico, trellis or other roof is allowed as part of the Junior Accessory
Dwelling Unit.
e. The Junior Accessory Dwelling Unit shall not include any other item
that would require discretionary approval, including but not limited to
an exterior shower, exterior sink, pool, BBQ, spa, fence, and/or piping
stub outs to the exterior.
f. No signs are allowed on Junior Accessory Dwelling Unit except an
address sign.
8. Fire Sprinklers. Fire sprinklers are not required in a Junior Accessory Dwelling Unit if they are not required of the primary dwelling unit. Fire safety equipment such as smoke detectors may be required.
9. Exterior Access and Passageways. Junior Accessory Dwelling Units shall have independent exterior access separate from the primary dwelling.
D. Accessory Dwelling Units Subject to Limited Standards.
The City shall ministerially approve an application for a building permit within a
residential or mixed-use district to create the following types of Accessory Dwelling
Units. The City shall only permit one type of the following Accessory Dwelling Units per lot. For each type of Accessory Dwelling Unit, the City shall require compliance only with the development standards in this subjection. Standards provided above in subsections (B) and (C) do not apply to the following types of Accessory Dwelling Units:
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[Type here] [Type here] Exhibit 1
1. Internal Accessory Dwelling Units. One Accessory Dwelling Unit or Junior Accessory Dwelling Unit per lot with a proposed or existing single-family dwelling if all of the
following apply:
a. The Accessory Dwelling Unit or Junior Accessory Dwelling Unit, as such
use is classified in BMC 17.16.080, is within the proposed space of a
single-family dwelling or existing space of a single-
family dwelling or accessory structure and may include an expansion of not
more than 150 square feet beyond the same physical dimensions as the
existing accessory structure. An expansion beyond the physical dimensions
of the existing accessory structure shall be limited to accommodating
ingress and egress.
b. The space has exterior access from the proposed or existing single-
family dwelling.
c. The side and rear setbacks are sufficient for fire and safety.
d. The Junior Accessory Dwelling Unit complies with the requirements of
California Government Code Section 65852.22.
2. Detached Accessory Dwelling Units. One detached, new construction, Accessory
Dwelling Unit for a lot with a proposed or existing single-family dwelling.
The Accessory Dwelling Unit may be combined with a Junior Accessory Dwelling Unit described previously in subsection (C), or an Internal Accessory Dwelling Units described in this section. The detached Accessory Dwelling Unit must comply with the following: a. Maximum floor area: 800 square feet.
b. Maximum height: 16 feet.
c. Minimum rear and side setbacks: four feet.
3. Non-Livable Multifamily Space. Multiple Accessory Dwelling Units within the portions of existing multifamily dwelling structures that are not used as livable space,
including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, subject to the following:
a. At least one Accessory Dwelling Unit is allowed within an existing
multifamily dwelling up to maximum of 25 percent of the existing
multifamily dwelling units; and
b. Each Accessory Dwelling Unit shall comply with building code standards
for dwellings.
4. Detached Accessory Dwelling Units on Multifamily Lots. In the event an Accessory Dwelling Unit is proposed on a lot that has an existing multifamily dwelling but is detached from that multifamily dwelling, no more than two Accessory Dwelling Units are permitted. The Accessory Dwelling Units, are subject to the following: a. Maximum height: 16 feet.
b. Minimum rear and side setbacks: four feet.
EXHIBIT 2
1
TOWN OF TIBURON
ORDINANCE NO. 587 N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AMENDING SUBSECTION 16-52.100 OF SECTION 16-52 OF CHAPTER 16 OF TITLE
IV OF THE TIBURON MUNICIPAL CODE AND REPEALING SUBSECTION 16-52.105
OF SECTION 16-52 OF CHAPTER 16 OF TITLE IV OF THE TIBURON MUNICIPAL
CODE REGARDING ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS
WHEREAS, in October 2019, the Governor signed a trio of bills amending Government
Code sections 65852.2 and 65852.22 regarding accessory dwelling units and junior accessory
dwelling units; and
WHEREAS, the new State accessory dwelling unit laws become effective on January 1,
2020; and
WHEREAS, the Planning Commission held a duly noticed public hearing on December
9, 2019; and
WHEREAS, the Planning Commission reviewed the draft ordinance, recommended
changes, determined that that amendments were exempt from CEQA, and adopted a resolution
recommending the draft ordinance with changes to the Town Council.
WHEREAS, the Town Council desires to amend the Tiburon Municipal Code to establish
regulations and standards for the review, approval, denial and development of accessory
dwelling units and junior accessory dwelling units which are consistent with the new State
accessory dwelling unit law.
WHEREAS, the Town Council held a duly notice public hearing on January 15, 2020,
regarding the Planning Commission’s recommendation for revise the ordinance for the review,
approval, denial and development of accessory dwelling units and junior accessory dwelling
units.
WHEREAS, the Town Council decided to adopt the recommended ordinance and asked
staff to review Design Standard S requiring two trees at each window and for staff to clarify the
800 sq. ft. guaranteed allowance.
WHEREAS, the accessory dwelling unit and junior accessory dwelling unit Ordinance
was originally scheduled for February 5, 2020; however, this meeting was cancelled due to the
likely lack of quorum.
WHEREAS, the accessory dwelling unit and junior accessory dwelling unit Ordinance
was re-noticed for the February 19, 2020 Town Council meeting.
Exhibit 3
2
WHEREAS, the accessory dwelling unit and junior accessory dwelling unit Ordinance
was placed on the consent calendar on February 19, 2020 and adopted by the Town Council.
NOW, THEREFORE, the Town Council of the Town of Tiburon does ordain as follows:
Section 1. Findings.
The above recitals are hereby declared to be true and correct findings of the Town Council of the
Town of Tiburon.
Section 2.Repeal of Subsection 16-52.100 the Municipal Code.
Subsection 16-52.100 of section 16-52 of Chapter 16 of Title IV of the Tiburon Municipal Code
is hereby repealed in its entirety.
Section 3. Adoption of Subsection 16-52.100 the Municipal Code.
A new subsection 16-52.100 of section 16-52 of Chapter 16 of Title IV of the Tiburon Municipal
Code is hereby adopted, as set forth in Exhibit A, attached hereto and incorporated herein by
reference.
Section 4. Repeal of Subsection 16-52.105 of the Municipal Code.
Section 16-52.105 of the Municipal Code is hereby repealed in its entirety.
Section 5.Compliance with CEQA.
The proposed amendments to the Municipal Code are exempt from the California Environmental
Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3), general rule, which
applies to any action where can be seen with certainty that there is no possibility that the project
may have a significant effect on the environment. Therefore, no further environmental review is
necessary.
Section 6. Severability.
If any provision of this ordinance or the application thereof to any person or circumstance is held
invalid, the remainder of the ordinance and the application of such provision to other persons or
circumstances shall not be affected thereby.
Section 7. Effective Date and Publication.
This ordinance shall be in full force and effect thirty (30) days after the date of adoption.
Pursuant to the provisions of the California Government Code, a summary of this ordinance shall
be prepared by the Town Attorney. At least five (5) days prior to the Town Council meeting at
which adoption of the ordinance is scheduled, the Town Clerk shall (1) publish the summary in a
3
newspaper of general circulation in the Town of Tiburon, and (2) post in the office of the Town
Clerk a certified copy of this ordinance. Within fifteen (15) days after the adoption of this
ordinance, the Town Clerk shall (1) publish the summary in a newspaper of general circulation in
the Town of Tiburon, and (2) post in the office of the Town Clerk a certified copy of the
ordinance along with the names of those Council members voting for and against the ordinance.
This ordinance was read and introduced at a regular meeting of the Town Council of the
Town of Tiburon, held on January 15, 2020, and was adopted at a regular meeting of the Town
Council of the Town of Tiburon, held on February 19, 2020, by the following vote:
AYES:COUNCILMEMBERS:Fredericks, Kulik, Thier, Welner
NAYS:COUNCILMEMBERS:None
ABSENT:COUNCILMEMBERS:One Vacant Seat
______________________________
ALICE FREDERICKS, MAYOR
TOWN OF TIBURON
ATTEST:
_____________________________________
LEA STEFANI, TOWN CLERK
4
Attachment 1: Proposed Ordinance
16-52.100 - Accessory dwelling unit.
A. Accessory Dwelling Units - Administration.
This section provides for the establishment and reasonable regulation of accessory
dwelling units in order to encourage housing opportunities for all segments of the
population while ensuring the public health, safety, and welfare.
1.Application and fee. Application for an accessory dwelling unit permit shall be
made in compliance with the provisions of division 16-50 (application filing and
processing) and shall be accompanied by the appropriate fee.
2.Accessory dwelling units are permitted on lots (1) zoned to allow single-family or
multifamily dwelling residential use and (2) which include a proposed or
existing dwelling. Accessory dwelling units are allowed in all residential and
commercial zones including R-1, R-1-B-A, R-1-B-2, RO-1, RO-2, R-2, R-3,
RPD, RMP, NC, and VC.
3.Director of community development as review authority. Applications for
accessory dwelling unit permit shall be acted upon by the director ministerially
without discretionary review or a public hearing. The Director shall act on the
application within 60 days from receipt of a completed application if there is an
existing single-family or multifamily dwelling on the lot. If the application is
submitted with a permit application to create a new single-family dwelling on the
lot, the Director may delay acting on the application for the accessory dwelling
unit until the Town acts on the permit application to create the new single-family
dwelling, but the application to create the accessory dwelling unit shall be
considered without discretionary review or hearing. If the applicant requests a
delay, the 60-day time period shall be tolled for the period of the delay. Courtesy
notice shall be provided to owners of property within one hundred feet of the
subject property, as set forth on equalized county tax assessment rolls, at least ten
days prior to a decision by the director.
4. In order to grant an accessory dwelling unit permit, the Director shall find that the
accessory dwelling unit would comply with the standards set forth in subsection
B. of this section.
5. Building permits. A building permit shall be required in conjunction with the
issuance of an accessory dwelling unit permit if repair, rehabilitation, or other
work otherwise requiring a building permit is necessary.
6. Approved conditional use permits still valid. Any secondary dwelling unit legally
established with an approved conditional use permit prior to July 1, 2003 and in
continued existence shall be deemed a legal, conforming dwelling unit. Secondary
dwelling units established by any such conditional use permit shall continue to
comply with all conditions of the permit approval, and with zoning requirements
for secondary dwelling units in effect at the time of permit approval.
7. Approved secondary dwelling units still valid. Any secondary dwelling unit
legally established with an approved secondary dwelling unit permit between July
1, 2003 and January 1, 2017 and in continued existence shall be deemed a legal,
conforming dwelling unit. Secondary dwelling units established by any such
5
permit shall continue to comply with all zoning requirements for secondary
dwelling units in effect at the time of permit approval.
8.Expiration. Accessory dwelling unit permits issued in compliance with this
section shall expire and become null and void three years after issuance unless a
certificate of occupancy has been issued by the building division.
9. Periodic update. The director shall maintain a record of all legal accessory
dwelling units and all legal secondary dwelling units and shall review and update
the record every two years.
10. Reporting of violations. All reporting of accessory dwelling unit permit or
secondary dwelling unit permit violations shall be submitted in writing to the
director. The director shall notify the owner of record of the property that a
complaint has been registered, within ten calendar days from receipt of any such
complaint. The director shall investigate and issue a written report to the
complainant within thirty days from the date of the issuance of the notice
outlining the current status of any alleged violation and the steps that have been
requested of the owner of record to remedy the situation.
11. Violations considered an infraction. Violations of this section shall be punished as
infractions or by administrative citation, in the discretion of the director and shall
be subject to the provisions of section 16-56.030 (violations and penalties) and/or
Chapter 31 (enforcement of code). This subsection also applies to violations of
conditions of approval or requirements of operation issued in association with any
accessory dwelling unit permit or secondary dwelling unit permit.
12. Violations—Additional remedies—Injunctions. As an additional remedy, the
existence and/or maintenance of any accessory dwelling unit or secondary
dwelling unit in violation of any provisions herein, or of any conditions of
approval or requirements of operation placed thereon, shall be cause for
revocation and shall be deemed and is declared to be a public nuisance and may
be subject to summary abatement (i.e., including, without limitation,
administrative abatement in compliance with chapter 31 [enforcement of code]),
and/or restrained and enjoined by a court of competent jurisdiction. In the event
legal action is instituted to abate said violation, the town shall be entitled to
recover its costs and reasonable attorney's fees incurred in prosecuting said action.
13. Appeals. The decision of the director granting or denying an accessory dwelling
unit permit is a ministerial decision as required by state law, and not subject to a
public hearing. Any appeal of the decision shall constitute an administrative
review of the objective standards and criteria established by the town for
accessory dwelling units. Any such appeal must be filed within ten calendar days
of the date of decision and shall be heard by the town council. The appeal shall be
heard in a timely manner.
14. Density. Pursuant to California Government Code Section 68552.2, no accessory
dwelling unit approved under these provisions shall be considered in calculating
the density of the lot allowed by the land use designation contained in the land use
element of the Tiburon General Plan, and accessory dwelling units are deemed a
residential use that is consistent with the existing general plan and zoning for the
lot.
6
B. Accessory Dwelling Units – Development Standards
1. Rental. The Accessory Dwelling Unit may be rented separate from the Primary
Unit, but may not be rented for a period of less than 30 consecutive days or used
as a Vacation Rental. The Accessory Dwelling Unit may not be sold separately
from the Primary Unit.
2.Location on Lot. The accessory dwelling unit shall be either attached to, or
located within, the proposed or existing primary dwelling, including attached
garages, storage areas or similar uses, or an accessory structure or detached from
the proposed or existing primary dwelling and located on the same lot as the
proposed or existing primary dwelling If detached, the Accessory Dwelling Unit
shall be separated from the Primary Unit and any Detached Accessory Building a
minimum of six (6) feet, or as may be required by the building code.
3. Size. The total area of floor area of accessory dwelling units dwelling units shall
be as follows:
Table 1: Maximum Floor Area
ADU Type Maximum ADU Floor Area
Attached -
One bedroom or less
50 percent of the existing primary dwelling or 850 sq. ft.,
whichever is greater
Attached -
More than one bedroom
50 percent of the existing primary dwelling or 1,000 sq.
ft., whichever is greater
Detached – One bedroom or less 850 sq. ft.
Detached – more than one
bedroom 1000 sq. ft.
Internal 150 square feet or 50 percent of the existing primary
dwelling, whichever is greater.
4. Setback. Minimum setbacks of accessory dwelling units dwelling units shall be
as follows:
Table 2.Minimum Property Line Setbacks
Property Line
ADU Type
Attached Detached Internal
Front Same as primary dwelling [1]None
requi
red
Side 4 ft.4 ft.
Rear 4 ft.4 ft.
5. Setback exceptions.No Setback shall be required for a lawfully-constructed
garage in existence prior to January 1, 2017 that is converted in whole or part to
an Accessory Dwelling Unit, and a Setback of no more than four (4) feet from the
side and rear lot lines shall be required for an Accessory Dwelling Unit that is
7
constructed above a garage.
6. For Accessory Dwelling Units which exceed the maximum size limitations set
forth in Table 1, above, the following regulations apply.
a. Accessory Dwelling Unit shall have a height limit of 15 feet.
b.Floor area shall be allowed as set forth in Table 3.
R-1, R-1-B-A, R-1-B-2, RO-1, RO-2, R-2, and RPD Zones
Less than 7,500 sq. ft.35% of the property area, plus an additional 600 sq. ft.
of garage or carport.
7,500 sq. ft. through
60,000 sq. ft.
10% of the property area plus 2,000 sq. ft. plus an
additional 600 sq. ft. of garage or carport
More than 60,000 sq.
ft.
8,000 sq. ft. plus an additional 750 sq. ft. of garage or
carport.
R-3, RMP, VC, NC Zones
R-3 0.60
RMP 0.30
VC 0.28
NC 0.37
Table 3. Allowed Floor Area per lot
8
c. Lot Coverage shall be allowed as set forth in Table 4.
Table 4. Lot Coverage
Zoning Lot Coverage
R-1 30%
R-1-B-A 30%
R-1-B-2 30%
RO-1 15%
RO-2 15%
R-2 35%
R-3 30%
RPD 30%
RMP 30%
NC 100%
VC 100%
7. Guaranteed Allowance. All standards related to size, limits on lot coverage, floor
area ratio, open space and/or minimum lot size that apply to an accessory
dwelling unit shall not prohibit an accessory dwelling unit with at least an 800
square foot of floor area, a height of at least 16 feet, and four-foot side and rear
yard setbacks, provided the accessory dwelling unit complies with all other
applicable standards.
8. No demolition of a historic building (Local, State, or Federal Listing) is allowed
as part of the construction of an accessory dwelling unit.
9. Parking.
a.One off-street parking space per bedroom or per accessory dwelling unit,
whichever is less, shall be required.
b. When a garage, carport, or covered parking structure is demolished in
conjunction with the construction of an accessory dwelling unit or
converted to an accessory dwelling unit, those off-street parking spaces
need not be replaced.
10. Parking exceptions. No parking shall be required of an accessory dwelling unit in
any of the following instances:
a. The accessory dwelling unit is located within one-half mile walking
distance of public transit, as measured along path of travel.
b. The accessory dwelling unit is located within an architecturally and
historically significant historic district.
c. The accessory dwelling unit is part of the proposed or existing primary
residence or an accessory structure.
9
d. When on-street parking permits are required but not offered to the
occupant of the accessory dwelling unit.
e. When there is a car share vehicle located within one block of the
accessory dwelling unit. "Car share vehicle" shall mean a fixed location
identified in a map available to the general public where at least one
automobile is available daily for immediate use by the general public or
members of a car share service, which vehicle may be reserved for use and
accessed at any time through an automated application, kiosk, or other
method not requiring a live attendant. This term shall not include vehicles
returned to locations other than fixed locations where automobiles are not
routinely available for immediate use.
11. Fire Sprinklers. Fire sprinklers are not required in an accessory dwelling unit if
they are not required of the primary dwelling unit. Fire extinguishers are required
in every room.
12. Architectural Compatibility. The Accessory Dwelling Unit shall comply with the
following objective design standards. (The objective design standards are not
intended to limit the guaranteed allowance outlined in Section 8)
a. Architectural Details. Architectural details, including but not limited to
windows, roof pitch, and trim shall match the Primary Unit.
b. Color and Materials. The color and materials of the Accessory Dwelling
Unit shall match the Primary Unit.
c. Lighting. Lighting shall be shielded and/or directed such that it does not
produce glare visible from off-site or illuminate adjacent or nearby
property.
d. The Accessory Dwelling Unit shall be located at least 10 feet from the top
of any creek bank that exists on the lot of the proposed accessory dwelling
unit. The top of creek bank shall be defined by a licensed civil engineer.
e. The Accessory Dwelling Unit shall have a permanent full kitchen with a
sink, refrigerator and stove/oven. Only one kitchen is allowed per
Accessory Dwelling Unit.
f. Side yard setback and height will be verified by a licensed surveyor.
g. No exterior lights are allowed except two shielded downward pointing
lights at the entry to the Accessory Dwelling Unit.
h. No windows facing the rear and side property lines are allowed when
located less than 6 feet from the rear or side property line.
i. No entryways are allowed within 10 feet of a side or rear property line.
j. The Accessory Dwelling Unit is not allowed on any open space easement.
A title report shall be provided to identify all open-space easements.
k. The Accessory Dwelling Unit shall not have a white roof or any reflective
material on exterior of the Accessory Dwelling Unit.
l. The roof color of the Accessory Dwelling Unit shall be the same color as
the roof color of the primary dwelling unit.
m. No vents, flues, appurtenances, etc shall exceed the height limit.
n. The Accessory Dwelling Unit shall be 20 feet from any pool or spa and
shall not have direct access to any pool or spa.
o. No signs are allowed on Accessory Dwelling Unit except a small address
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sign.
p. No portico, trellis or other roof is allowed as part of the Accessory
Dwelling Unit. A 5x5 foot entryway roof is allowed, but must be at least
10 feet from any property line.
q. All Building Code requirements, including Appendix Q of the 2019
Residential Code (Tiny Houses) shall apply to all Accessory Dwelling
Units.
r. The Accessory Dwelling Unit shall not include any other item that would
require discretionary approval such as an exterior shower, exterior sink,
pool, BBQ, spa, fence, etc. This include piping stub outs to the exterior.
s. Two trees shall be planted at each proposed window of the accessory
dwelling unit facing a neighboring property where such trees are
consistent with the Fire Code.
t. Detached ADUs shall have a height limit of 15 feet.
13. Any protected tree to be removed as part of a new Accessory Dwelling Unit shall
require a tree removal permit.
14. Fire District Regulations. The Accessory Dwelling Unit would comply with all
applicable Fire District regulations, subject to provisions and limitations set forth
in Government Code Section 65852.2.
15. Sanitary Service. Adequate sanitary service capacity for the additional increment
of effluent resulting from the Accessory Dwelling Unit shall be available. If the
lot is connected to the public sewer system, the applicant has submitted a letter
from the appropriate Sanitary District to that effect. If the lot is not connected to
the public sewer system, the applicant has submitted a letter from the County of
Marin Environmental Health Department confirming that the individual or
alternative sewage disposal system serving the lot has adequate capacity to
accommodate the proposed Accessory Dwelling Unit.
16. Water District Regulations. The Accessory Dwelling Unit shall would comply
with all applicable Water District regulations, subject to provisions and
limitations set forth in Government Code Section 65852.2. A separate water
connection for the Accessory Dwelling Unit is required. (This requirement only
applies to ADUs in conjunction with a new single-family house.). A water
connection separate from the primary dwelling unit shall be required of all
Accessory Dwelling Units constructed with a single-family dwelling is required,
subject to provisions and limitations set forth in Government Code Section
65852.2.
17. Separate electrical and natural gas (if natural gas fixtures are proposed)
connections are required. If an electrical pole will need to be relocated, the
application shall be incomplete until the pole is relocated. (This requirement only
applies to ADUs in conjunction with a new single-family house.)An
accessory dwelling unit shall not be considered a new residential use for
purposes of calculating connection fees or capacity charges for utilities, unless the
accessory dwelling unit was constructed with a new single-family dwelling.
18. Premises identification. Any town-assigned street address number for the
accessory dwelling unit shall be plainly visible and legible from the street fronting
the property as required by the applicable building code.
11
19. Exterior Access and Passageways.
a. Internal Dwelling Units. Internal accessory dwelling units, within the
space of an existing or proposed single-family dwelling shall have
independent exterior access separate from the primary dwelling.
b. Attached Accessory Dwelling Units. Independent exterior access separate
from the primary dwelling is not required for an attached accessory
dwelling unit.
c. No passageway shall be required in conjunction with the construction of
an accessory dwelling unit
20. For any Accessory Dwelling Unit that can not meet all the standards outlined in
this Section shall require Site Plan and Architectural Review as set forth in
Section 16-52.020.
C. Junior Accessory Dwelling Units – Administration.
This section provides for the establishment and reasonable regulation of junior accessory
dwelling units in order to encourage housing opportunities for all segments of the
population while ensuring the public health, safety and welfare.
1. Zoning permit required. No junior accessory dwelling unit shall be established or
used unless a junior accessory dwelling unit permit has been issued by the town.
2. Application and fee. Application for a junior accessory dwelling unit permit shall
be made in compliance with the provisions of division 16-50 (application filing
and processing) and shall be accompanied by the appropriate filing fee.
3. Director of community development as review authority. Applications for junior
accessory dwelling unit permit shall be acted upon by the director without
discretionary review or a public hearing. The Director shall act on the application
within 60 days from receipt of a completed application if there is an existing
single-family or multifamily dwelling on the lot. If the application is submitted
with a permit application to create a new single-family dwelling on the lot, the
Director may delay acting on the application for the accessory dwelling unit until
the Town acts on the permit application to create the new single-family dwelling,
but the application to create the accessory dwelling unit shall be considered
without discretionary review or hearing. If the applicant requests a delay, the 60-
day time period shall be tolled for the period of the delay.
4. Grant of junior accessory dwelling unit permit. In order to grant an accessory
dwelling unit permit, the Director shall find that the accessory dwelling unit
would comply with the standards set forth in subsection D. of this section.
5. Building permits. A building permit and a certificate of occupancy shall be
required in conjunction with the installation of a junior accessory dwelling unit.
Any repair, rehabilitation, or other work associated with the installation of the
junior accessory dwelling unit shall also obtain building permits where required
by law.
6. Expiration. Junior accessory dwelling unit permits issued in compliance with this
section shall expire and become null and void three years after issuance unless a
certificate of occupancy has been issued by the building division.
7. Periodic update. The director shall maintain a record of all authorized junior
accessory dwelling units and shall review and update the record every two years.
12
At the review, the owner of record shall verify in writing under penalty of perjury
that the junior accessory dwelling unit is in compliance with the standards for
junior accessory dwelling units and with all operating requirements of the permit
as set forth in applicable ordinances and regulations.
8.Reporting of violations. All reporting of junior accessory dwelling unit violations
shall be submitted in writing to the director. The director shall notify the owner of
record of the property that a complaint has been registered within ten calendar
days from receipt of any such complaint. The director shall investigate and issue a
written report to the complainant within thirty days from the date of the issuance
of the notice outlining the current status of any alleged violation and the steps that
have been requested of the owner of record to remedy the situation.
9. Violations considered an infraction. Violations of this section shall be punished as
infractions or by administrative citation, in the discretion of the director and shall
be subject to the provisions of section 16-56.030 (violations and penalties) and/or
Chapter 31 (enforcement of code). This subsection also applies to violations of
requirements of operation issued in association with any junior accessory
dwelling unit approval.
10. Violations - Additional remedies - Injunctions. As an additional remedy, the
existence and/or maintenance of any junior accessory dwelling unit in violation of
any provisions herein, or of any requirements of operation placed thereon, shall be
cause for revocation and shall be deemed and is declared to be a public nuisance
and may be subject to summary abatement (i.e., including, without limitation,
administrative abatement in compliance with chapter 31), and/or restrained and
enjoined by a court of competent jurisdiction. In the event legal action is instituted
to abate said violation, the town shall be entitled to recover its costs and
reasonable attorney's fees incurred in prosecuting said action.
11. Appeals. The decision of the director granting or denying a junior accessory
dwelling unit permit is a ministerial decision as required by state law, and not
subject to a public hearing. Any appeal of the decision shall constitute an
administrative review of the objective standards and criteria established by the
town for junior accessory dwelling units. Any such appeal must be filed within
ten calendar days of the date of decision and shall be heard by the town council.
The appeal shall be heard in a timely manner.
D. Junior Accessory Dwelling Unit – Development Standards
1. Owner Occupancy. One of the dwelling units on the site (either the Primary Unit
or the Junior Accessory Dwelling Unit) shall be owner-occupied. For purposes of
this standard, "ownership" is defined as a majority (i.e., fifty-one percent or
greater) interest in the property in question. Property owned in joint tenancy shall
be considered a single ownership for any party named. Property owned in tenancy
in common shall be considered a single ownership for the party named, unless
shares are specified, in which case ownership requires a majority interest.
2.Floor Area and Setback Standards.Floor area, setback standards, and lot
coverage for Junior Accessory Dwelling Units are as set forth below:
a. Floor area allowed as noted in Table 5.
13
R-1, R-1-B-A, R-1-B-2, RO-1, RO-2, R-2, and RPD Zones
Less than 7,500 sq. ft.35% of the property area, plus an additional 600 sq. ft.
of garage or carport.
7,500 sq. ft. through
60,000 sq. ft.
10% of the property area plus 2,000 sq. ft. plus an
additional 600 sq. ft. of garage or carport
More than 60,000 sq.
ft.
8,000 sq. ft. plus an additional 750 sq. ft. of garage or
carport.
R-3, RMP, VC, NC Zones
R-3 0.60
RMP 0.30
VC 0.28
NC 0.37
Table 5. Allowed Floor Area per lot
14
b. Setbacks for Junior Accessory Dwelling Units are required as follows in
Table 6.
Table 6. Required Setbacks
Zone Minimum front
setback
Minimum side
setback
Minimum rear
setback
R-1 15'8'20% to 25'
R-1-B-A 20'6'20% to 25'
R-1-B-2 25'10'20% to 25'
RO-1 30'20'20% to 25'
RO-2 30'15'20% to 25'
R-2 15'8'20% to 25'
R-3 15'8'8'
RPD As per PDP As per PDP As per PDP
RMP As per PDP As per PDP As per PDP
NC 0’0’0’
VC 0’0’0’
3. Architectural Compatibility. The Junior Accessory Dwelling Unit shall comply
with the following objective design standards.
a. All Building Code requirements, including Appendix Q of the 2019
Residential Code (Tiny Houses) shall apply to all Accessory Dwelling
Units.
b. The Junior Accessory Dwelling Unit shall have a permanent efficiency
kitchen. Only one kitchen is allowed per Junior Accessory Dwelling Unit.
c. No portico, trellis or other roof is allowed as part of the Junior Accessory
Dwelling Unit.
d. The Junior Accessory Dwelling Unit shall not include any other item that
would require discretionary approval such as an exterior shower, exterior
sink, pool, BBQ, spa, fence, etc. This include piping stub outs to the
exterior.
e. No signs are allowed on Junior Accessory Dwelling Unit except a small
address sign.
4. Maximum floor area is 500 square feet is allowed.
5. No setbacks apply to Internal/Junior Accessory Dwelling Units.
6. Fire Sprinklers. Fire sprinklers are not required in a junior accessory dwelling
unit if they are not required of the primary dwelling unit. Fire extinguishers are
required in every room.
7. Exterior Access and Passageways. Junior Accessory Dwelling Units, shall have
independent exterior access separate from the primary dwelling.
8. Owner-occupancy shall be required in the single-family residence in which the
junior accessory dwelling unit is permitted. The owner may reside in either the
remaining portion of the structure or the newly created junior accessory dwelling
unit. Owner-occupancy shall not be required if the owner is another governmental
agency, land trust, or housing organization.
15
9. Prior to Final Inspection, a Junior Accessory Dwelling Unit permit, the permittee
shall record a deed restriction, which shall run with the land, and shall be filed
with the Town. The deed restriction shall include both of the following:
a. A prohibition on the sale of the junior accessory dwelling unit separate
from the sale of the single-family residence, including a statement that the
deed restriction may be enforced against future purchasers.
b. A restriction on the size and attributes of the junior accessory dwelling
unit that conforms with this section.
E. Notwithstanding subsections (C) and (D) of this section, accessory dwelling unit and
junior accessory dwelling unit permits shall be issued based solely on the standards set
forth in this subsection, and applicable Building Code standards, as follows:
(1)One accessory dwelling unit or junior accessory dwelling unit per lot with a
proposed or existing single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the
proposed space of a single-family dwelling or existing space of a single-
family dwelling or accessory structure and may include an expansion of
not more than 150 square feet beyond the same physical dimensions as the
existing accessory structure. An expansion beyond the physical
dimensions of the existing accessory structure shall be limited to
accommodating ingress and egress.
(ii) The space has exterior access from the proposed or existing single-family
dwelling.
(iii) The side and rear setbacks are sufficient for fire and safety.
(iv) The junior accessory dwelling unit complies with the requirements of
Section 65852.22.
(2)One detached, new construction, accessory dwelling unit that does not exceed
four-foot side and rear yard setbacks for a lot with a proposed or existing single-
family dwelling. The accessory dwelling unit may be combined with a junior
accessory dwelling unit described in subparagraph (A). A local agency may
impose the following conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet.
(ii) A height limitation of 16 feet.
(iii) Premises identification. Any town-assigned street address number for the
accessory dwelling unit shall be plainly visible and legible from the street
fronting the property as required by the applicable building code.
(3)
(i) Multiple accessory dwelling units within the portions of existing
multifamily dwelling structures that are not used as livable space,
including, but not limited to, storage rooms, boiler rooms, passageways,
attics, basements, or garages, if each unit complies with state building
standards for dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit within an
existing multifamily dwelling and shall allow up to 25 percent of the
existing multifamily dwelling units.
16
(4)Not more than two accessory dwelling units that are located on a lot that has an
existing multifamily dwelling, but are detached from that multifamily dwelling
and are subject to a height limit of 16 feet and four-foot rear yard and side
setbacks.
(5)Rentals of accessory dwelling units and junior accessory dwelling units permitted
pursuant to this subsection shall be for a term longer than 30 days.
(6)Installation of fire sprinklers are not required in an accessory dwelling unit or
junior accessory dwelling unit if sprinklers are not required for the primary
residence.
(7)Accessory dwelling units and junior accessory dwelling units permitted under this
subsection shall not be required to install a new or separate utility connection
directly between the accessory dwelling unit and the utility nor shall a related
connection fee or capacity be charged unless the accessory dwelling unit or junior
accessory dwelling unit is proposed to be constructed with a new single-family
home.
EXHIBIT 3
EXHIBIT 4
TOWN OF TIBURON
1
BACKGROUND
On September 22, 2021, the Planning Commission held a public hearing and took
testimony to review and adopt revisions to the Accessory Dwelling Unit Ordinance
(Tiburon Municipal Code (TMC) § 16-52.100). As part of the public hearing, the Planning Commission considered Town Council direction to reevaluate the maximum allowable square footage and the proposed language regarding front setbacks for accessory dwelling units located within a Residential Planned Development Zone, where setbacks for front
yards had not been established.
The Planning Commission directed staff as follows:
1)Redraft language regarding maximum square footage to Table 1 to state “Total area
of floor space shall not exceed 850 square feet for one bedroom and 1,200 square
feet for more than one bedroom. In addition, staff included findings within the Draftresolution to support California Government Code 65852.2; and2)Amend language to better define the front setback for accessory dwelling unitswithin a precise plan area where no front setback has been determined; and
3)Consider developing a proposal for accounting for different lot sizes as it relates to
different floor areas
ANALYSIS
Rationale Regarding Square Footage
Based on extensive discussions and public testimony, the Planning Commission determined that permitting accessory dwelling units with a maximum floor area of 850 square feet for one-bedroom units and 1,200 square feet for two bedrooms supports the legislative intent of providing affordable units especially for families. The Commission
also expressed support for the 1,200 square foot maximum realizing that the statute requires that either an attached or detached accessory dwelling unit cannot be less than 850 square feet for one-bedroom units and 1,000 square feet for more than one bedroom, but does not
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Planning Commission Meeting
December 8, 2021
Agenda Item: PH-2
STAFF REPORT
To: Members of the Planning Commission
From: Community Development Department
Subject: Repeal Subsection 16-52 of Chapter 16 of Title IV of the Tiburon Municipal Code
in its entirety and replace a new Subsection 16-52 of the Tiburon Municipal Code
Regarding Accessory Dwelling Units and Junior Accessory Dwelling Units.
Exhibit 4
TOWN OF TIBURON 2
preclude a local jurisdiction for allowing greater flexibility by increasing the allowable square footage. This increase in square footage may in fact provide more opportunities for
the development of affordable accessory units within existing neighborhoods. In reaching
these conclusions on sizing, the Planning Commission noted the language of California Government Code 65852.150, which states as follows: (a) The Legislature finds and declares all of the following:
(1) Accessory dwelling units are a valuable form of housing in
California. (2) Accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods.
(3) Homeowners who create accessory dwelling units benefit from
added income, and an increased sense of security. (4) Allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental housing stock in California.
(5) California faces a severe housing crisis.
(6) The state is falling far short of meeting current and future housing demand with serious consequences for the state's economy, our ability to build green infill consistent with state greenhouse gas reduction goals, and the well-being of our citizens, particularly
lower and middle-income earners.
(7) Accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character. (8) Accessory dwelling units are, therefore, an essential component
of California's housing supply.
(b) It is the intent of the Legislature that an accessory dwelling unit ordinance adopted by a local agency has the effect of providing for the creation of accessory dwelling units and that provisions in this ordinance relating to matters including unit size, parking, fees, and other requirements,
are not so arbitrary, excessive, or burdensome so as to unreasonably restrict
the ability of homeowners to create accessory dwelling units in zones in which they are authorized by local ordinance.
Precise Plan Areas and Residential Planned Developments. During the public hearing at the September 22, 2021 Planning Commission meeting, a discussion took place to propose new language regarding the front yard setback for accessory dwellings units located within Residential Planned Development (RPD) zones,
where the setback distance had not been established. Many of the Precise Plans in the RPD
zones do not include development standards for setbacks outside of the primary or secondary building envelopes. Similarly, the building envelopes or setbacks that were established do not account for the development standards for accessory dwelling units.
TOWN OF TIBURON 3
Staff originally proposed that the front setback for the accessory dwelling unit could be an average of adjacent lots and setback from the primary dwelling unit, but the
Commission did not support this approach since it did not provide adequate and clear
direction to applicants. In response, staff reviewed the existing setbacks for residential developments and found that many residential zones in Tiburon require a 30-foot front setback. A 30 foot front yard setback for accessory dwelling units for properties within the RPD zone, where development standards were not established in the precise plan,
would be consistent with similar residential zones. As such, staff now proposes a 30-foot
front yard setback for properties within and RPD zone where development standards do not otherwise articulate a setback. Accounting for differing lot sizes
As part of the September 22, 2021, Planning Commission meeting, members of the public expressed a desire for the commission to consider allowing for larger ADUs on larger lots. The commission directed staff to consider making a proposal to allow for larger ADUs on larger lots.
Town Staff finds that creating larger ADUs for large lots is difficult and construction of larger units is likely to result greater impacts for the existing neighborhood. Further, articulating a fair and easy formula that can apply uniformly is difficult. Town Staff does not find that such a proposal is necessary, as individuals who own larger lots are not
prohibited from creating such additional units on their property, they just may need to go
through the established design review process to the extent they desire a building larger than allowed ministerially. Town Staff finds that creating uniform rules across all properties is much more desirable and easier to administer for Town Staff.
Further, Government Code 65852.2(a)(1)(D) prohibits the following:
- The total floor area of an attached ADU exceeding 50 percent of the existing primary dwelling - The total floor area for a detached ADU from exceeding 1,200 sq. ft.
These prohibitions would prove problematic for creation of the requested larger sized
ADUs on larger lots. As the draft ordinance already seeks to include 1,200 square foot ADUs with more than one bedroom, the only additional language for larger lots, would be to allow one bedroom or less ADUs to be larger. Given this, Town Staff includes in this draft ordinance language to allow the following:
Attached or Detached ADUs on Lot’s larger than 10,000 sq. ft.:
o One Bedroom ADUs shall not exceed 1,000 sq. ft. However, those sizes are restricted by the requirement that the floor area of an attached
ADU may not exceed 50% of the floor area of an existing primary dwelling.
ENVIRONMENTAL REVIEW
TOWN OF TIBURON 4
The proposed amendments to the zoning ordinance and to the accompanying standards are
statutorily exempt from further review under the California Environmental Quality Act
(CEQA) pursuant to Section 15282, subsection (h) of the CEQA Guidelines. RECOMENDATION
Staff recommends that the Planning Commission:
1) Hold a public hearing and consider all testimony 2) Make any revisions as appropriate 3) Move to adopt the attached resolution recommending approval to the Town Council of various zoning text amendments
EXHIBITS
1. Draft Planning Commission resolution recommending zoning text amendments with revised standards to the Town Council. 2. Existing ADU Zoning Code
Tiburon Town Council
February 2, 2022
PH-1: Municipal Code Amendments
Late Mail
From:Bronia Hill
To:Lea Stefani
Subject:Late Mail Addition - PH1 (Accessory Dwelling Units)
Date:Wednesday, February 2, 2022 5:42:54 AM
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Hi Lea,
I hope you're doing great.
Please could you add this note to the agenda packet for item PH1 on the agenda for this
evening's meeting? Thank you.***
Dear Council Members,
I'm writing to express my support for the Planning Commission and to encourage adoption of
their proposed changes to the code which they have based upon extensive discussion andconsideration of this issue.
"Based on extensive discussions and public testimony, the Planning Commission determined
that permitting accessory dwelling units with a maximum floor area of 850 square feet forone-bedroom units and 1,200 square feet for two bedrooms supports the legislative intent of
providing affordable units especially for families."
In the absence of any affordable housing being built in Tiburon, and in the face of continuousdramatic increase in cost of living throughout Marin, as well as inaccessible property prices of
Tiburon, I see this as the only solution that's currently being presented to potentially createsome slightly more affordable housing options for families. The hypothetical building of
slightly larger ADUs where allowable, could potentially accommodate families and/oressential workers along with their families.
This could also encourage and support some economic diversity in Tiburon, a town which is
already inaccessible to so many and steadily becoming increasingly so. The lack of economicdiversity is already impacting services (for example, shortage of bus drivers in Marin resulting
in Redwood High school encouraging students to find alternate modes of transportation toschool due to an increasingly unreliable bus service). It was also challenging to find sufficient
crossing guards for the crossings in Tiburon at the beginning of this school year.
Adopting the changes proposed by the Planning Commission would not mean that smallerADUs will not also continue to be built rather adoption of the proposed changes could enable
development of a range of building sizes to address a range of requirements.
Thank you for considering.
Kindly, Bronia Hill
TOWN OF TIBURON PAGE 1 OF 2
STAFF REPORT
To: Mayor and Members of the Town Council
From: Department of Public Works
Subject: Consider Introduction of an Ordinance Amending Chapter 20 (Animals) of the Municipal Code to Reflect Changes to the McKegney Green Use Policy
Prohibiting Dogs on McKegney Green Reviewed By: _________ Greg Chanis, Town Manager
________ Benjamin Stock, Town Attorney
SUMMARY The Council will consider Introduction of an Ordinance Amending Chapter 20 (Animals) of the
Municipal Code to reflect the October 20, 2021 Town Council adopted changes to the McKegney Green Field Use Policy. RECOMMENDED ACTION(S) Staff recommends that the Town Council: 1. Review the Draft Ordinance and direct any desired changes.
2. If appropriate following deliberation, proceed with the introduction and reading of the Proposed Ordinance. The procedure would be to move to read the ordinance by title only, waiving any additional readings, and introduce the Ordinance. Pass the reading by roll call vote. If reading is passed, the Ordinance will return for adoption on a future regular meeting consent calendar. The ordinance would take effect 30 days after adoption.
BACKGROUND
On October 20, 2021, the Council received a presentation and heard public comment regarding proposed changes to the McKegney Green Field Use Policy (Policy). After deliberating, the Council approved the changes to the Policy, which includes a prohibition of dogs on McKegney Green. This prohibition requires amending Chapter 20 (Animals) of the Municipal Code to
reflect the change ANALYSIS A draft ‘redline’ ordinance setting forth the Municipal Code amendments necessary to reflect the
October 20, 2021 Town Council adopted changes to the McKegney Green Field Use Policy is
attached as Exhibit 1. There are only a handful of proposed changes, all of which are shown on pages 3 and 4 of the draft ordinance. A clean version of the revised ordinance is attached as Exhibit 2.
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting February 2, 2022
Agenda Item PH-2
Town Council Meeting February 2, 2022
TOWN OF TIBURON PAGE 2 OF 2
CLIMATE IMPACT Staff anticipates no direct climate impact to the Town.
FISCAL IMPACT
Staff anticipates no direct fiscal impact to the Town. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of
the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3).
RECOMMENDATION Staff recommends that the Town Council: 1. Review the Draft Ordinance and direct any desired changes.
2. If appropriate following deliberation, proceed with the introduction and reading of the
Proposed Ordinance. The procedure would be to move to read the ordinance by title only, waiving any additional readings, and introduce the Ordinance. Pass the reading by roll call vote. If reading is passed, the Ordinance will return for adoption on a future regular meeting consent calendar. The ordinance would take effect 30 days after adoption.
Exhibit(s): 1. Draft ‘redline’ Ordinance 2. Draft ‘clean’ Ordinance Prepared By: David Eshoo, Associate Engineer
EXHIBIT 1
Town of Tiburon Ordinance No. XXX N.S. Effective --/--/2022 Page 1
ORDINANCE NO. _____ N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON AMENDING PROVISIONS OF TITLE VI, CHAPTER
20 OF THE TIBURON MUNICIPAL CODE REGARDING
ANIMALS
The Town Council of the Town of Tiburon does ordain as follows:
Section 1. Purpose.
The purpose of this ordinance is to protect the public health, safety and welfare and to protect
the natural environment by regulating the number of dogs that may be walked by a person at any
one time in Public Places and by prescribing the location of dog walking within Town Open
Space areas.
Section 2. Findings.
A. The Town Council held a public hearing on June 5, 2013 and has heard and considered
any and all public testimony on this matter.
B. The Town Council finds that all notices and procedures required by law attendant to the
adoption of this Ordinance have been followed.
C. The Town Council finds that the amendments made by this Ordinance are necessary for
the protection of the public health, safety and welfare and for the protection of sensitive
plant species, including rare and endangered plant species, located within Town open
spaces.
D. The Town Council finds that the amendments made by this Ordinance are consistent
with the goals and policies of the Tiburon General Plan and other adopted ordinances
and regulations of the Town of Tiburon.
E. The Town Council finds that this project is categorically exempt from the requirements
of the California Environmental Quality Act pursuant to Sections 15305, 15307 and/or
15308 of the CEQA Guidelines.
Section 3. Adoption of Amendments.
A. Title VI, Chapter 20, Article I, Section 20-2 of the Tiburon Municipal Code is amended to
add the following definitions:
Biologically Sensitive Area: An area where biologically sensitive flora or fauna are known or
believed to exist and which is identified by appropriate signage or other demarcation as an area
not to be entered.
Town of Tiburon Ordinance No. XXX N.S. Effective --/--/2022 Page 2
Dog Running at Large: A dog that is not under the immediate control and direction of a
competent, responsible person who is capable of controlling the dog.
Dog Walker: A person who brings more than three (3) dogs into a Public Place at any one
time.
Dog Walking Permit: A permit issued by the Tiburon Public Works Department authorizing a
Dog Walker to walk a maximum of six (6) dogs at any one time on Town Open Space.
Permits will be valid for one year from the date of issuance.
Fire Road: A readily identifiable and generally twin-track or graded passage way in
Town Open Space capable of providing vehicular use, specifically for emergency and
maintenance vehicles. Fire roads are generally at least eight (8) feet wide.
Identification Vest: A numbered vest issued by the Tiburon Public Works Department to
Dog Walking Permit holders.
Town Open Space: Any Town-owned Public Place that is protected from development by
state or local law, easement, grant deed or other legally binding instrument. Town-owned
Public Places include land that the Town owns outright or in which the Town holds an
easement, leasehold or other real property interest. Town Open Space lands are generally
zoned “OS--Open Space” on the Tiburon Zoning Map.
Trail: A readily-identifiable and often incised unpaved passage way in Town Open Space that is
generally single-track and generally allows users to walk not more than two abreast. Trails are not
permitted to have vehicles on them and are generally not more than two (2) to three (3) feet wide.
B. Title VI, Chapter 20, Article II, Sections 20-2.160 through 20-2.177 of the Tiburon
Municipal Code, are amended and/or added to read as follows:
20-2.160 Dogs running at large in certain public places.
It is unlawful for the owner/guardian or person having control of any dog to permit the
dog to run at large in any public place, including without limitation, parks, school grounds,
commercial districts, wildlife preserves or game refuges, or in any public watershed areas;
except where the Town Council by ordinance or resolution has specifically permitted dogs to
run at large; and where signs acknowledging such permission have been erected by the Town.
Every dog found running at large in violation of the provisions of this section shall be
immediately seized and impounded. Any duly authorized peace officer or person exercising
peace officer powers shall be entitled to take such other action as may be reasonably necessary
for the protection of public health and safety.
Town of Tiburon Ordinance No. XXX N.S. Effective --/--/2022 Page 3
20-2.165 Dogs----Owner/guardian responsible for removing feces.
It is unlawful for the owner/guardian or person having custody or control of any dog to
allow such dog to defecate upon any public property or upon any private property not owned or
possessed by said person unless the person immediately removes and disposes of the feces in a
sanitary manner.
20-2.170 Dogs running on certain private lands.
It is unlawful for the owner/guardian or person having control of any dog to suffer or
permit the same to run upon the lands of another whereon livestock or domestic fowl are kept,
without the consent of the owner/guardian or person entitled to the use or possession of such
lands.
20-2.171 Walking of More than a Certain Number of Dogs Prohibited.
a) It is unlawful for any person to walk more than three (3) dogs at any one time in
any Public Place in the Town of Tiburon, except as allowed in section 20-2.173.
b) Subsection (a) above shall not apply to any person on land owned by the Marin
County Open Space District (“District”), provided that said person is in full
compliance with any applicable rules and regulations promulgated by the
District.
20-2.172 Dogs Prohibited in Biologically Sensitive Areas.
a) It is unlawful for any person having control of any dog to allow said dog to enter
a Biologically Sensitive Area or any area identified by appropriate signage or
other demarcation as an area not to be entered.
b) It is unlawful for any person having control of any dog to allow said dog to enter
McKegney Green.
20-2.173 Dogs on Town Open Space.
a) It is unlawful for any person to walk more than three (3) dogs at any one time in
any Public Place other than on a Fire Road in Town Open Space specifically
signed to allow Dog Walkers. In no instance shall a person walk more than six
(6) dogs at any one time, and in no instance shall a person walk more than three
(3) dogs on any Trail in any Town Open Space.
b) Any person walking more than three (3) dogs at any one time on any Town Open
Space pursuant to subsection (a) above must be in possession of a Dog Walking
Permit issued by the Tiburon Public Works Department, and must be wearing a
numbered Identification Vest issued by the Tiburon Public Works Department.
c) The Town Manager or designee shall establish the requirements and conditions
for the Dog Walking Permit program.
Town of Tiburon Ordinance No. XXX N.S. Effective --/--/2022 Page 4
d) Any Dog Walker failing to possess a Dog Walking Permit or failing to wear the
Town-issued Identification Vest shall be in violation of this section and shall be
punishable as set forth in section 20-1.005.
e) Any Dog Walker failing to comply with any of the conditions of their Dog
Walking Permit shall be in violation of this section and shall be punishable as set
forth in section 20-1.005.
f) Notwithstanding the foregoing, this section shall not apply to any person on land
owned by the Marin County Open Space District, provided that said person is in
full compliance with any applicable rules and regulations promulgated by the
Marin County Open Space District.
20-2.175 Control of dogs--Leash requirement in certain places.
It is unlawful for the owner/guardian or person having custody or control of any dog to
allow such dog in the places listed below unless such dog is restrained by a leash of sufficiently
short length to enable such person to maintain constant control over such dog:
a) The entire length of the Old Rail Trail, defined as the paved pathway
commencing on the west at Blackie’s Pasture Road and terminating on the east at
the intersection of Cove Road and Tiburon Boulevard;
b) McKegney Green, defined as the large grassy field located in the Richardson Bay
Lineal Park across Tiburon Boulevard from Del Mar Middle School and
immediately northwest of the prominent knoll (South Knoll) located near the
public street known as Pine Terrace;
c) South Knoll Park and Playground, defined as that portion of Richardson Bay
Lineal Park bounded on the north by South Knoll, on the east by the Old Rail
Trail, and on the south and west by Richardson Bay, including the irrigated and
non-irrigated field areas and the playgrounds;
d) Zelinsky Park and Railroad Marsh, defined as those grassy park and freshwater
marsh and fringe areas located directly behind (north of) the Belvedere Public
Library and Tiburon Town Hall at 1501-1505 Tiburon Boulevard, and bounded
on the west by Mar West Street, on the east by the Point Tiburon Marsh
residential condominiums, and on the north by the Judge Field portion of the
Tiburon Peninsula Club property;
e) Shoreline Park, defined as the park located in the downtown area between
Paradise Drive on the north, San Francisco Bay on the south, Mar West Street on
the east, and the Main Street/Tiburon Boulevard intersection on the west;
f) Any street, sidewalk or parking lot in the downtown area, as that term is defined
in Section 20-1.002;
g) Any commercial district, as that term is defined in Section 20-1.002.
20-2.177 Control of dogs by responsible person----General
(a) Every owner/guardian or possessor of a dog shall at all times prevent such dog
from biting or physically harassing any person engaged in a lawful act and from interfering with
the lawful use of public or private property.
Town of Tiburon Ordinance No. XXX N.S. Effective --/--/2022 Page 5
(b) Every owner/guardian or possessor of a dog shall at all times prevent such dog
from causing injury to another domestic animal that results in veterinarian treatment or death
while such domestic animal is lawfully upon public or private property.
(c) Every owner/guardian or possessor of a dog shall desist from commanding or
provoking such dog to attack, sic or threaten a person when such person is peaceably and
lawfully upon public or private property.
Section 4. 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 5. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after the date of passage,
and before the expiration of fifteen (15) days after passage by the Town Council, a copy of the
ordinance shall be published with the names of the members voting for and against it at least
once in a newspaper of general circulation published in the Town of Tiburon.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Tiburon on __________________, 2022, and was adopted at a regular meeting of the Town
Council of the Town of Tiburon on __________________, 202, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
______________________________
JON WELNER, MAYOR
TOWN OF TIBURON
ATTEST:
____________________________________
LEA STEFANI, TOWN CLERK
EXHIBIT 2
Town of Tiburon Ordinance No. XXX N.S. Effective --/--/2022 Page 1
ORDINANCE NO. _____ N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING PROVISIONS OF TITLE VI, CHAPTER 20 OF THE TIBURON MUNICIPAL CODE REGARDING ANIMALS
The Town Council of the Town of Tiburon does ordain as follows: Section 1. Purpose. The purpose of this ordinance is to protect the public health, safety and welfare and to protect
the natural environment by regulating the number of dogs that may be walked by a person at any one time in Public Places and by prescribing the location of dog walking within Town Open Space areas. Section 2. Findings.
A. The Town Council held a public hearing on June 5, 2013 and has heard and considered any and all public testimony on this matter. B. The Town Council finds that all notices and procedures required by law attendant to the
adoption of this Ordinance have been followed. C. The Town Council finds that the amendments made by this Ordinance are necessary for the protection of the public health, safety and welfare and for the protection of sensitive
plant species, including rare and endangered plant species, located within Town open
spaces. D. The Town Council finds that the amendments made by this Ordinance are consistent with the goals and policies of the Tiburon General Plan and other adopted ordinances
and regulations of the Town of Tiburon.
E. The Town Council finds that this project is categorically exempt from the requirements of the California Environmental Quality Act pursuant to Sections 15305, 15307 and/or 15308 of the CEQA Guidelines.
Section 3. Adoption of Amendments. A. Title VI, Chapter 20, Article I, Section 20-2 of the Tiburon Municipal Code is amended to add the following definitions:
Biologically Sensitive Area: An area where biologically sensitive flora or fauna are known or believed to exist and which is identified by appropriate signage or other demarcation as an area not to be entered.
Town of Tiburon Ordinance No. XXX N.S. Effective --/--/2022 Page 2
Dog Running at Large: A dog that is not under the immediate control and direction of a competent, responsible person who is capable of controlling the dog.
Dog Walker: A person who brings more than three (3) dogs into a Public Place at any one time. Dog Walking Permit: A permit issued by the Tiburon Public Works Department authorizing a
Dog Walker to walk a maximum of six (6) dogs at any one time on Town Open Space. Permits will be valid for one year from the date of issuance. Fire Road: A readily identifiable and generally twin-track or graded passage way in Town Open Space capable of providing vehicular use, specifically for emergency and maintenance vehicles. Fire roads are generally at least eight (8) feet wide.
Identification Vest: A numbered vest issued by the Tiburon Public Works Department to
Dog Walking Permit holders. Town Open Space: Any Town-owned Public Place that is protected from development by state or local law, easement, grant deed or other legally binding instrument. Town-owned Public Places include land that the Town owns outright or in which the Town holds an easement, leasehold or other real property interest. Town Open Space lands are generally
zoned “OS--Open Space” on the Tiburon Zoning Map.
Trail: A readily-identifiable and often incised unpaved passage way in Town Open Space that is
generally single-track and generally allows users to walk not more than two abreast. Trails are not permitted to have vehicles on them and are generally not more than two (2) to three (3) feet wide.
B. Title VI, Chapter 20, Article II, Sections 20-2.160 through 20-2.177 of the Tiburon
Municipal Code, are amended and/or added to read as follows: 20-2.160 Dogs running at large in certain public places.
It is unlawful for the owner/guardian or person having control of any dog to permit the
dog to run at large in any public place, including without limitation, parks, school grounds,
commercial districts, wildlife preserves or game refuges, or in any public watershed areas; except where the Town Council by ordinance or resolution has specifically permitted dogs to run at large; and where signs acknowledging such permission have been erected by the Town. Every dog found running at large in violation of the provisions of this section shall be
immediately seized and impounded. Any duly authorized peace officer or person exercising
peace officer powers shall be entitled to take such other action as may be reasonably necessary for the protection of public health and safety.
Town of Tiburon Ordinance No. XXX N.S. Effective --/--/2022 Page 3
20-2.165 Dogs----Owner/guardian responsible for removing feces.
It is unlawful for the owner/guardian or person having custody or control of any dog to allow such dog to defecate upon any public property or upon any private property not owned or possessed by said person unless the person immediately removes and disposes of the feces in a sanitary manner. 20-2.170 Dogs running on certain private lands.
It is unlawful for the owner/guardian or person having control of any dog to suffer or permit the same to run upon the lands of another whereon livestock or domestic fowl are kept, without the consent of the owner/guardian or person entitled to the use or possession of such lands.
20-2.171 Walking of More than a Certain Number of Dogs Prohibited.
a) It is unlawful for any person to walk more than three (3) dogs at any one time in any Public Place in the Town of Tiburon, except as allowed in section 20-2.173.
b) Subsection (a) above shall not apply to any person on land owned by the Marin
County Open Space District (“District”), provided that said person is in full compliance with any applicable rules and regulations promulgated by the District.
20-2.172 Dogs Prohibited.
a) It is unlawful for any person having control of any dog to allow said dog to enter a Biologically Sensitive Area or any area identified by appropriate signage or other demarcation as an area not to be entered. b) It is unlawful for any person having control of any dog to allow said dog to enter
McKegney Green.
20-2.173 Dogs on Town Open Space.
a) It is unlawful for any person to walk more than three (3) dogs at any one time in
any Public Place other than on a Fire Road in Town Open Space specifically
signed to allow Dog Walkers. In no instance shall a person walk more than six (6) dogs at any one time, and in no instance shall a person walk more than three (3) dogs on any Trail in any Town Open Space. b) Any person walking more than three (3) dogs at any one time on any Town Open
Space pursuant to subsection (a) above must be in possession of a Dog Walking
Permit issued by the Tiburon Public Works Department, and must be wearing a numbered Identification Vest issued by the Tiburon Public Works Department. c) The Town Manager or designee shall establish the requirements and conditions for the Dog Walking Permit program.
Town of Tiburon Ordinance No. XXX N.S. Effective --/--/2022 Page 4
d) Any Dog Walker failing to possess a Dog Walking Permit or failing to wear the Town-issued Identification Vest shall be in violation of this section and shall be punishable as set forth in section 20-1.005.
e) Any Dog Walker failing to comply with any of the conditions of their Dog Walking Permit shall be in violation of this section and shall be punishable as set forth in section 20-1.005. f) Notwithstanding the foregoing, this section shall not apply to any person on land owned by the Marin County Open Space District, provided that said person is in
full compliance with any applicable rules and regulations promulgated by the Marin County Open Space District. 20-2.175 Control of dogs--Leash requirement in certain places.
It is unlawful for the owner/guardian or person having custody or control of any dog to allow such dog in the places listed below unless such dog is restrained by a leash of sufficiently short length to enable such person to maintain constant control over such dog: a) The entire length of the Old Rail Trail, defined as the paved pathway
commencing on the west at Blackie’s Pasture Road and terminating on the east at the intersection of Cove Road and Tiburon Boulevard; c) South Knoll Park and Playground, defined as that portion of Richardson Bay Lineal Park bounded on the north by South Knoll, on the east by the Old Rail Trail, and on the south and west by Richardson Bay, including the irrigated and
non-irrigated field areas and the playgrounds; d) Zelinsky Park and Railroad Marsh, defined as those grassy park and freshwater marsh and fringe areas located directly behind (north of) the Belvedere Public Library and Tiburon Town Hall at 1501-1505 Tiburon Boulevard, and bounded
on the west by Mar West Street, on the east by the Point Tiburon Marsh
residential condominiums, and on the north by the Judge Field portion of the Tiburon Peninsula Club property; e) Shoreline Park, defined as the park located in the downtown area between Paradise Drive on the north, San Francisco Bay on the south, Mar West Street on
the east, and the Main Street/Tiburon Boulevard intersection on the west;
f) Any street, sidewalk or parking lot in the downtown area, as that term is defined in Section 20-1.002; g) Any commercial district, as that term is defined in Section 20-1.002.
20-2.177 Control of dogs by responsible person----General
(a) Every owner/guardian or possessor of a dog shall at all times prevent such dog from biting or physically harassing any person engaged in a lawful act and from interfering with the lawful use of public or private property.
(b) Every owner/guardian or possessor of a dog shall at all times prevent such dog
from causing injury to another domestic animal that results in veterinarian treatment or death
while such domestic animal is lawfully upon public or private property.
(c) Every owner/guardian or possessor of a dog shall desist from commanding or
Town of Tiburon Ordinance No. XXX N.S. Effective --/--/2022 Page 5
provoking such dog to attack, sic or threaten a person when such person is peaceably and lawfully upon public or private property.
Section 4. 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 5. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after the date of passage, and before the expiration of fifteen (15) days after passage by the Town Council, a copy of the ordinance shall be published with the names of the members voting for and against it at least
once in a newspaper of general circulation published in the Town of Tiburon. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on __________________, 2022, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on __________________, 2022, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
______________________________
JON WELNER, MAYOR TOWN OF TIBURON ATTEST:
____________________________________ LEA STEFANI, TOWN CLERK
AN OVERVIEW OF RECENT RESIDENTIAL BURGLARY TRENDS
JANUARY 2, 2022
PRESENTED BY: Chief Ryan Monaghan
RESIDENTIAL BURGLARIES TRENDS 12/31/21 TO 1/31/22
Tiburon has had 9 residential burglaries since December 31,
2021. One resulted in the loss of a bike from a garage. The other
8 were all similar. Similarities include:
•Homeowners away on vacation;
•Entry, and exit, made via shattering a rear glass door;
•Master bedrooms and walk-in closets are main targets;
•Loss is high end jewelry and handbags, while other smaller
items have also been taken such as AirPods and a hunting
knife.
There were 0 residential
burglaries in the same
time frame last year.
RESIDENTIAL BURGLARIES TRENDS 01/01/2021 –01/30/2022
Since 01.01.2021, Southern Marin
has had 131 residential burglaries.
The prior year during the same
timeframe (01.01.2020-01.30.2021)
there were 114 residential
burglaries in Southern Marin.
0
10
20
30
40
JAN 21 FEB 21 MAR 21 APR 21 MAY 21 JUN 21 JUL 21 AUG 21 SEP 21 OCT 21 NOV 21 DEC 21 JAN 22
Residential Burglaries in Southern Marin
Hot spot since
November 1, 2021
Marin County Sheriff’s Office 48
Mill Valley Police Department 33
Sausalito Police Department 27
Tiburon Police Department 23
SOUTHERN MARIN CASES THAT WERE CLEARED 01/01/2021 –01/30/2022
•Eight (8) people have been arrested in connection with five (5)
of the 131 Southern Marin burglaries that occurred between
01/01/2021 and 01/30/2022
•TPD arrested one person connected to two (2)Tiburon
burglaries in July of 2021
•TPD also assisted MCSO solve a burglary in their jurisdiction by
locating and stopping the suspect vehicle and detaining the
suspect
21%
32%
5%
10%
11%
21%
6pm - 8pm
8pm-10pm
6pm - 10pm
10pm - 6am
6am - 6pm
Unknown
TIMEFRAMES OF TIBURON BURGLARIES
BETWEEN JUNE OF 2021 AND YTD
80%
5%
10%5%
M.O./ Method of Entry
Broken glass door (16)
Forced door-no glass break (1)
Garage - Bicycle thefts (2)
No Force, unlocked door (1)
16%
84%
Occupied vs. Unoccupied
Occupied (3)
Unoccupied(16)
* 2 of the occupied residences were
garage burglaries -home not entered
TIMEFRAMES OF TIBURON BURGLARIES
BETWEEN JUNE OF 2021 AND YTD
Monday (0)
0%
Tuesday (0)
0%
Wedsnesday (2)
12%
Thursday (2)
12%
Friday (4)
23%
Saturday (6)
35%
Sunday (0)
0%
Unknown (3)
18%
Day of the Week
Monday (0)
Tuesday (0)
Wedsnesday (2)
Thursday (2)
Friday (4)
Saturday (6)
Sunday (0)
Unknown (3)
23
0 6
30
22 2124
13
120
34
16
108
RESIDENTIAL BURGLARY COMMERCIAL BURGLARY AUTO BURGLARY
Southern Marin Property Crime
Statistics
2021 & 2022 YTD
Tiburon Mill Valley Sausalito Sheriff (Southern Marin Unincorporated)
17
15
20
29
15
50
16
52
7
50
8
35
14
8
12
14
17
10
17
1313
19
17 18
10
6
13
16
10
24
11
26
14
7
9
0
RESIDENTIAL AUTO (INCLUDES THEFT FROM)
Property Crimes in Tiburon -2005 TO 2022
2005 2006 2007 2008 2009 2010 **2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 YTD
9
4
11
2
6
5
2 2
0
3 3
4
0 0
2 2
4
01
4
1 1 0 1
3
5
2
5
1
5
4
3
4
3 3
0
Stolen and Recovered Stolen Vehicles
2005 to 2022 YTD
Stolen Vehicles Recovered Vehicles
CURRENT SUPPRESSION, PREVENTION & INVESTIGATIVE
EFFORTS
•Using data to reallocate resources to match the timeframes and days of occurrence
•Increased patrols of impacted areas
•High-and low-profile suppression tactics
•Property safety surveys
•Vacation House Checks
•http://www.townoftiburon.org/221/Vacation-House-Check
•Citizens’ View Security Camera Program
•http://www.townoftiburon.org/261/Citizens-View-Security-Camera-Program
•Community messaging
•Sharing timely information with other agencies to make local and federal law enforcement agencies
•Case connection analysis via the Northern California Regional Intelligence Center (NCRIC)
TECHNOLOGY CURRENTLY BEING USED BY TPD AND OTHER
AGENCIES
•Public Automated License Plate Readers (ALPRs)
•Private security camera footage
•Specialized investigative technology via regionally shared
assets
COMMUNITY SAFETY PARTNERSHIP
•Make your home a less desirable target
•See something suspicious-Report it immediately
•Connect with us on social media
•Form Neighborhood Watch
•Three (3) neighborhoods have begun the process
•Contact Police Service Aide Angie Delnevo to learn more about
and setup Neighborhood Watch in your neighborhood
•Email:adelnevo@tiburonpd.org
QUESTIONS AND DISCUSSION
Tiburon Town Council
February 2, 2022
DI-1: Report from Chief Monaghan
Late Mail
From:susy@sonic.net
To:Town; Alice Fredericks; Jon Welner; Holli Thier; Jack Ryan; Lea Stefani; Noah Griffin
Cc:james canter
Subject:Residential Burglaries
Date:Wednesday, February 2, 2022 4:57:59 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Dear Mayor Welner, Vice Mayor Ryan and Council Members Thier and Fredericks and Griffin
My family has lived in the Bel Aire neighborhood of Tiburon for over 50 years and I understand that the Town of
Tiburon council is getting an update on the recent burglaries that have happened close to our area (Cypress Hollow
and up Blackfield Drive)
We have met as a group of neighbors to take as much proactive action as we can with alarms, cameras etc and haveworked with the Police to understand how best to help protect our properties and help the Police as they investigaterecent events.
As part of this increased focus on security, we learned that there is a gap in the camera surveillance in place on
Tiburon Boulevard to detect suspect license plates to and from the town. This gap (through the Cypress Hollow
area) means that any car can turn off Tiburon Boulevard before the cameras and get access into the whole of
Tiburon without being caught on film.
We understand that these cameras often enable officers to identify the make & model of suspect vehicles from evenif the number plates are obscured or stolen - we would like to help our law enforcement team track down anycriminals as soon as possible.
Please consider funding the installation of an additional camera to help close this gap and ensure that every car into
and out of Tiburon can be tracked.
I hope that you will consider realigning funds to ensure taking these additional safety and security measures for thecommunity in Tiburon.
Thank you
Susy Edwards
James Canter
50 Claire Way
From:Stephanie Zaczek
To:Town; Alice Fredericks; Jon Welner; Holli Thier; Jack Ryan; Lea Stefani; Noah Griffin
Cc:dan.schwager@sfdph.org
Subject:Cameras for town safety
Date:Wednesday, February 2, 2022 8:52:31 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Dear Mayor Welner, Vice Mayor Ryan and Council Members Thier and Fredericksand Griffin
My family has lived in the Bel Aire neighborhood of Tiburon for 27 years and weunderstand that the Town of Tiburon council is getting an update on the recentburglaries that have happened close to our area (Cypress Hollow and up BlackfieldDrive)
We have met as a group of neighbors to take as much proactive action as we canwith alarms, cameras etc and have worked with the Police to understand how bestto help protect our properties and help the Police as they investigate recent evenys.
As part of this increased focus on security, we learnt that there is a gap in thecamera surveillance in place on Tiburon Boulevard to detect suspect license platesto and from the town. This gap (through the Cypress Hollow area) means that anycar can turn off Tiburon Boulevard before the cameras and get access into thewhole of Tiburon without being caught on film.
We understand that these cameras often enable officers to identify the make &model of suspect vehicles from even if the number plates are obscured or stolen -we would like to help our law enforcement team track down any criminals as soonas possible.
For the overall safety and security of our community please fund the strategicinstallation of additional cameras to help close this gap and ensure that every carinto and out of Tiburon can be tracked.
I understand you are able ask the state for a grant to cover the costs of such asafety measure. If a grant is denied we ask that you will consider realigning funds toensure taking these additional safety and security measures for the communityin Tiburon.
Thank you,
Stephanie Zaczek and Dan Schwager
Sent from my iPhone
From:randipatt@aol.com
To:Town; Alice Fredericks; Jon Welner; Holli Thier; Jack Ryan; Lea Stefani; Noah Griffin
Subject:RE: gap of camera surveillance on Tiburon Blvd
Date:Wednesday, February 2, 2022 8:55:50 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Dear Mayor Welner, Vice Mayor Ryan and Council Members Thier and Fredericks and
Griffin
I have lived in the Bel Aire neighborhood of Tiburon for over 30 years and I understand that
the Town of Tiburon council is getting an update on the recent burglaries that havehappened close to our area (Cypress Hollow and up Blackfield Drive)
We have met as a group of neighbors to take as much proactive action as we can with
alarms, cameras etc and have worked with the Police to understand how best to helpprotect our properties and help the Police as they investigate recent events.
As part of this increased focus on security, we learned that there is a gap in the camera
surveillance in place on Tiburon Boulevard to detect suspect license plates to and from thetown. This gap (through the Cypress Hollow area) means that any car can turn off Tiburon
Boulevard before the cameras and get access into the whole of Tiburon without beingcaught on film.
We understand that these cameras often enable officers to identify the make and model of
suspect vehicles even if the number plates are obscured or stolen - we would like to helpour law enforcement team track down any criminals as soon as possible.
Please consider funding the installation of an additional camera to help close this gap and
ensure that every car into and out of Tiburon can be tracked.
I hope that you will consider realigning funds to ensure taking these additional safety andsecurity measures for the community in Tiburon.
Thank you from this Bel Aire resident....
Randi Patten27 Claire Way
Tiburon, CA. 94920
From:Lesley Zwillinger
To:Alice Fredericks; Jon Welner; Holli Thier; Jack Ryan; Lea Stefani; Noah Griffin
Subject:For discussion at council meeting Feb 2., Installation of additional camera
Date:Wednesday, February 2, 2022 11:35:03 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Dear Mayor Welner, Vice Mayor Ryan and Council Members Thier and Fredericks and Griffin I have lived in the Bel Aire neighborhood of Tiburon for over 40 years and I understand that theTown of Tiburon council is reviewing the recent burglaries that have happened close to our area(Cypress Hollow and up Blackfield Drive)
We have met as a group of neighbors to take as much proactive action as we can with alarms,cameras etc and have worked with the Tiburon Police to understand how best to help protect our
properties and help law enforcement as they investigate recent events. As part of this increased focus on security, we are particularly concerned about the placement of
cameras detecting license plates going in and out of Tiburon. It is clear that the area of CypressHollow, Bel Aire and upper Blackfield drive are easily accessible without detection of camerabecause cars can simply turn onto Bay Vista and access the Tiburon peninsula without passing acamera. This gap (through the Cypress Hollow area) means that any car can turn off Tiburon
Boulevard before the cameras and have access into the whole of Tiburon without being caught onfilm.
We understand that these cameras often enable officers to identify the make & model of suspectvehicles from even if the number plates are obscured or stolen - we would like to help our lawenforcement team track down any criminals as soon as possible. While not an answer to problem, thecameras are helpful.
Please consider funding the installation of an additional camera to help close this gap and ensure thatevery car into and out of Tiburon can be tracked.
I hope that you will consider taking these additional safety and security measures for the communityin Tiburon.
Thank you Lesley Zwillinger
19 Claire WayTiburon, CA 94920(415) 383-5753
-- Lesley Zwillinger Ph.D.,CRCDept of Counseling
S.F.S.U.415-338-7647
lzwill@sfsu.edu
From:Lori Sherer
To:Town; Alice Fredericks; Jon Welner; Holli Thier; Jack Ryan; Lea Stefani; Noah Griffin
Subject:Please consider funding additional cameras to protect Cypress Hollow and all of Tiburon
Date:Wednesday, February 2, 2022 1:00:39 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Dear Mayor Welner, Vice Mayor Ryan and Council Members,
I have lived in the Bel Aire neighborhood of Tiburon for over 15 years and Iunderstand there is a gap in the camera surveillance in place on TiburonBoulevard to detect suspect license plates to and from the town. This gap(through the Cypress Hollow area) means that any car can turn off Tiburon
Boulevard before the cameras and get access into the whole of Tiburon withoutbeing caught on film.
Please consider funding the installation of an additional camera to help close this
gap and ensure that every car into and out of Tiburon can be tracked. This isespecially critical given the recent 'rash' of boldfaced burglaries -- 2 of which
happened directly behind my home in near broad daylight which is pretty scary.
I hope that you will consider realigning funds to ensure taking these additionalsafety and security measures for the community in Tiburon.
Sincerely,Lori Sherer long time resident of the neighborhood
--
Lori A. Sherer
Tiburon, California
415-314-2057 (c)
From:Karen Beale
To:Jon Welner; Holli Thier; Town; Alice Fredericks; Noah Griffin; Jack Ryan; Lea Stefani
Subject:Recent Burglaries | Gap in Camera Surveillance
Date:Wednesday, February 2, 2022 3:33:19 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Dear Mayor Welner, Vice Mayor Ryan and Council Members Thier, Fredericks and Griffin
Firstly I want to thank the Police Chief and his officers for communicating proactively with us residents about the
recent spate of burglaries and ask that you support their needs to help them track down the culprits.
I have lived in the Bel Aire neighborhood of Tiburon for over 10 years and some of the recent burglaries have
happened close to our area (Cypress Hollow and up Blackfield Drive).
My neighbors and I are taking as much proactive action as we can with meeting regularly, installing alarms, cameras
etc and we learnt that there is a gap in the camera surveillance in place on Tiburon Boulevard to detect suspect
license plates to and from the town.
This gap (through the Cypress Hollow area) means that any car can turn off Tiburon Boulevard before the cameras
and get access into the whole of Tiburon without being caught on camera.
We understand that these cameras often enable officers to identify the number plates or at leasr the make & model of
suspect vehicles, even if the number plates are obscured or stolen - we would like to help our law enforcement team
track down any criminals as soon as possible and closing this gap would make their job easier.
Please consider realigning funds to install an additional camera to ensure that every car into and out of Tiburon can
truly be tracked.
Thank you
Karen
TOWN OF TIBURON PAGE 1 OF 2
STAFF REPORT
To: Mayor and Members of the Town Council
From: Office of the Town Manager
Subject: Discuss the Slow Streets Program and Provide Direction to Staff with Regards to a Possible Program in 2022.
Reviewed By: _________
Greg Chanis, Town Manager
________
Benjamin Stock, Town Attorney
SUMMARY Council will be discussing the possibility of authorizing a Slow Streets Program in 2022. RECOMMENDED ACTION(S) Staff recommends that the Town Council receive the Staff Report and any Public Comment, and, 1. If Council wishes to consider a Slow Streets Program in 2022, direct staff as to the process it would like to follow in determining how to implement the program.
BACKGROUND
Due to the effects of the COVID-19 pandemic, over the past 24 months the Town Council has taken a number of actions to assist businesses in downtown Tiburon, including the authorization of periodic weekend closures of Lower Main Street in 2020 and 2021. This program is commonly called ‘Slow Streets’. A summary of Council’s past actions related to ‘Slow Streets’
is as follows:
• On June 17, 2020, Council adopted Resolution 27-2020 (Exhibit 1), authorizing the Town Manager to temporarily close Main Street to vehicular traffic on summer weekends
through September 8, 2020 to further enable Main Street businesses to open and operate
in compliance with social distancing requirements on the weekends. This program is commonly referred to as Slow Streets.
• On August 19, 2020, Council adopted Resolution No, 39-2020 (Exhibit 2), amending
Resolution No. 27-2020 to authorize the Town Manger to extend the weekend street closure through October 31, 2020.
• On June 2, 2021, Council adopted Resolution No. 20-2021 (Exhibit 3), authorizing the
Town Manger to implement the Slow Streets program on weekends beginning Friday 6/18/2021 through Sunday 8/1/2021.
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting February 2, 2022
Agenda Item: DI-2
Town Council Meeting February 2, 2022
TOWN OF TIBURON PAGE 2 OF 2
In past Council discussions regarding Slow Streets, it is clear the program is not supported by the entire business community. Some of the concerns expressed regarding the program include:
• Placement of bands when live music is being offered
• Access to some businesses on Lower Main Street
• Affect of street closure on Ark Row businesses
• Aesthetics of street closure equipment (barriers, signs etc.) The purpose of the item today is to provide Council an opportunity to discuss the Slow Streets program, and direct staff as to the process it would like to see followed if Council wishes to consider a similar program this year. ANALYSIS No further analysis is provided. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town.
CLIMATE IMPACT
Staff has determined this action will have no direct climate impact to Tiburon. ENVIRONMENTAL REVIEW
Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines
Section 15061 (b)(3).
RECOMMENDATION Staff recommends that the Town Council receive the Staff Report and any Public Comment, and,
1. If Council wishes to consider a Slow Streets Program in 2022, direct staff as to the process it would like to follow in determining how to implement the program. Exhibits: 1. Resolution 27-2020
2. Resolution 39-2020 3. Resolution 20-2021 Prepared By: Greg Chanis, Town Manager
EXHIBIT 1
Page 1 of 9
Town Council Resolution No. 27-2020 06/17/2020
RESOLUTION NO. 27-2020
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REGARDING OUTDOOR ACTIVITIES AND ENCROACHMENTS BY BUSINESSES OPERATING IN COMPLIANCE WITH SOCIAL DISTANCING REQUIREMENTS
WHEREAS, California Government Code Section 8630 empowers the Town Council to
proclaim the existence or threatened existence of a Local Emergency when the Town is affected or likely to be affected by a public calamity; and,
WHEREAS, on March 16, 2020, the Director of Emergency Services declared the existence of a Local Emergency, which Local Emergency has been ratified by the Town Council;
and,
WHEREAS, the Town Council does hereby find that conditions of extreme peril and a crippling disaster, which severely impairs the safety of persons or property, have arisen within the Town caused by the virus COVID-19 and its rapid transmission as reported by various local, state and national health organizations; and,
WHEREAS, the aforesaid conditions of extreme peril warranted and necessitated the
proclamation of the existence of a Local Emergency; and
WHEREAS, on March 17, 2020, the Marin County Health Official issued a shelter in place order to all non-essential activities, limiting individuals ability to leave their home; and
WHEREAS, on March 19, 2020, the Governor of the State of California (“Governor”)
issued Executive Order N-33-20, which provides that individuals living in the State of California are required to stay at home except as needed to maintain continuity of operations of the critical infrastructure sectors; and
WHEREAS, under authority contained in Sections 8610 and 8634 of the Government
Code and Tiburon Municipal Code Section 21-5(a)(6)(a), the Town Council and the Town
Manager are empowered to make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by the emergency; and WHEREAS, in mid-May 2020, the Governor of the State of California and the California
Department of Public Health published guidance regarding the opening of certain businesses
subject to stages established by the State; and
WHEREAS, the Town has an important governmental interest in maintaining a thriving business community and protecting the health, safety, and economic welfare of its citizens and businesses; and
WHEREAS, in order to protect the health and safety of the Town, while fostering
economic wellbeing of the Town’s citizens and businesses, the Town wishes to assist both
Page 2 of 9
Town Council Resolution No. 27-2020 06/17/2020
essential and non-essential businesses in remaining open, or re-opening when lawfully permitted to do so; and
WHEREAS, when non-essential businesses are permitted to re-open pursuant to State
and County orders, laws, and/or guidance, the Town will suspend certain permit and license requirements in order to facilitate business operations in a manner that is consistent with social distancing requirements, and protects the health and safety of the citizens of Tiburon; and
WHEREAS, in the interest of public health and safety, as affected by the emergency
caused by the spread of COVID-19, it is necessary to issue and implement this Resolution to
protect life, property and civil order.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF TIBURON DOES HEREBY ORDER AS FOLLOWS:
SECTION 1. Outdoor Activities Permitted. To facilitate the reopening of businesses in a
manner that is consistent with State and local social distancing requirements, Town of Tiburon
laws, regulations and/or policies that would otherwise prohibit businesses from engaging in their business activities outside are hereby suspended.
SECTION 2. Eligible Businesses. Only those businesses that require outdoor space in order to effectively run their business while complying with State and local social distancing
requirements are eligible to operate pursuant to this Resolution. Nothing in this Resolution shall
authorize a particular business to operate outside unless and until that business is authorized to operate pursuant to State and County Orders. All businesses must be in full compliance with all State and County Orders regarding reopening and operation in order to comply with this Resolution.
SECTION 3. Temporary COVID-19 Outdoor Activities and Encroachment Agreement.
To be eligible to engage in outdoor activities pursuant to this Resolution, businesses shall be required to enter into a Temporary COVID-19 Outdoor Activities and Encroachment Agreement (hereinafter the “Outdoor Activities Agreement”) attached hereto and incorporated herein by reference.
The Director of Emergency Services (hereainafter the “Director”) or his designee shall be
authorized to enter into an Outdoor Activities Agreement with the applicant and shall be entitled to seek the review of any Town staff regarding any and all site-specific considerations related to the proposed outdoor activities. The Director may choose to enter into an Outdoor Activities Agreement on any terms he deems necessary, including but not limited to modifications to the
proposed location of outdoor activities, to ensure ongoing protection of the public health and
safety of the Town.
The Town shall only enter into an Outdoor Activities Agreement that authorizes activities which are consistent with State and County orders regarding the operation of businesses during the the COVID-19 state of emergency.
Page 3 of 9
Town Council Resolution No. 27-2020 06/17/2020
SECTION 4. Encroachment Into Public Right-of-Way. To streamline the issuance of temporary rights of encroachment into the public right-of-way, the Town hereby amends its
encroachment permit requirements as follows:
1. The following requirements set forth in Tiburon Municipal Code Chapter 19 regarding encroachment permits shall not apply to businesses seeking to encroach into the public right-of-way for purposes of conducting business in compliance with State and local social distancing requirements: TMC §§ 19-2, 19-3, 19-4, 19-5, 19-7, 19-8, and 19-9.
2. The requirements set forth in Tiburon Municipal Code Chapter 19A
regarding use of public right-of-way shall not apply to businesses seeking to encroach into the public right-of-way for purposes of conducting business in compliance with State and local social distancing requirements.
3. Businesses seeking to encroach into the public right-of-way for purposes
of conducting business in compliance with State and local social distancing requirements, shall
execute an Outdoor Activities Agreement in lieu of obtaining encroachment permits and right-of-way agreements required by TMC Chapters 19 and 19A.
SECTION 5. No Interference with Private Property. Nothing in this Order relieves a business from any obligations or laws requiring consent of adjacent property owners for use of
private property. Businesses seeking to operate outdoors shall obtain consent of any private
property owners whose property will be used for outdoor operations.
SECTION 6. Building Permit and Review of Construction Documents Required. Nothing in this Resolution relieves a business from the requirement to obtain a building permit for outdoor activities if a building permit would otherwise be required, nor does this Resolution
relieve a business from complying with all provisions of the Building Code, including but not
limited to, maximum occupancy requirements.
SECTION 7. Closure of Town Streets. The Town Manager is authorized, without further Town Council approval, to grant approvals to close all or portions of Main Street up to three days per week from July 1, 2020, until September 8, 2020, upon a finding as required by
California Vehicle Code Section 21101(e) that the closing is necessary for the safety and
protection of persons who are to use that portion of the street during the temporary closing. Inside the street closure area, members of the public shall wear a face covering unless they are dining, in which case they will comply with the County’s face covering order.
SECTION 8. County Permits. Nothing in this Resolution relieves a business from the
requirement to obtain any and all County permits regarding the provision of food and dining
services.
SECTION 9. Violations of Resolution. Any violation of this Resolution or any other local, State, or Federal law shall constitute an imminent threat to the public health and is hereby declared to be a public nuisance and shall be subject to enforcement as such; violations of this
Resolution may result in the immediate termination of an Outdoor Activities Agreement and the
cessation of any activities authorized by said Agreement and this Resolution.
Page 4 of 9
Town Council Resolution No. 27-2020 06/17/2020
SECTION 10. Effective Date of Resolution. This Resolution shall become effective on the date signed by the Mayor for the Town of Tiburon and shall expire when repealed or upon a
declared termination of the state of emergency regarding COVID-19 by the Tiburon Town
Council. This Resolution shall only apply to the extent businesses are authorized to operate pursuant to State and County orders regarding COVID-19.
SECTION 11. The Town Clerk shall certify the adoption of this Resolution and shall cause a certified Resolution to be filed in the Office of the Town Clerk.
PASSED and ADOPTED this 17th day of June 2020.
ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST:
LEA STEFANI, TOWN CLERK Approved as to Form: Benjamin Stock, Town Attorney
Page 5 of 9
Town Council Resolution No. 27-2020 06/17/2020
TEMPORARY COVID-19 OUTDOOR ACTIVITIES AND ENCROACHMENT AGREEMENT 1. Business Identification Business Name (Permittee): Mailing Address: Business Address: Business Phone: Business Email: 2. Type of Business [Check one] Restaurant Retail Other Please Describe 3. Proposed Encroachment [Check one or more if Business Proposes to Use Public Right-of-Way for Outdoor Activities] Outdoor Dining Outdoor Food Sales Outdoor Retail Display Outdoor Retail Sales Other Please Describe 4. Will proposed outdoor activity require the use of private property not owned or leased by Permitee? Yes No If response to above question is yes, has Permitee obtained all required authorizations (including but not limited to written agreements, licenses, and/or leases) to use said private property? Yes No 5. Proposed Activities. Please provide the following information on separate attachment: (1) a description of the Business, (2) proposed outdoor activities, (3) a description of all improvements, structures and/or materials to be used to facilitate outdoor activities, (4) description of area in which proposed outdoor activities will take place along with a drawing, map or other visual depication showing said area, improvements, structures and/or materials to be placed in said area. 6. Requested Start Date of Outdoor Activities: 7. Proposed Duration of Outdoor Activities: 8. Amendments to Proposal by Town and/or Additional Terms of Agreement [To be Completed by Town]: 9. Terms of Agreement:
Page 6 of 9
Town Council Resolution No. 27-2020 06/17/2020
A. Permittee agrees to accept all responsibility for loss or damage to any person or
entity and to indemnify, hold harmless, and defend and release the Town of Tiburon, its
agents, and employees from and against any and all liability actions, claims, damages, costs, or expenses which may be asserted by any person or entity, including Permittee, arising out of or in connection with the willful act or negligence of Permittee engaging in the activities associated with this Agreement, whether or not there is concurrent
negligence on the part of the Town, but excluding liability due to the sole active
negligence or sole willful misconduct of the Town. B. The Town reserves the right to order the removal or relocation of the improvements listed in paragraphs 3-6, above, at Permitee’s cost in the event same is
required by the Town and/or a Utility. Whether or not said removal or relocation is
required shall be left to the unfettered discretion of the Town and/or a Utility. Permitee hereby grants to the Town the right to remove or relocate said improvements and to come upon Permitee’s land to effect said removal or relocation if deemed necessary by the Town and/or a Utility. Permitee waives any claim or right he/she/it may have for inverse
condemnation, damages, or loss of income or business resulting from said removal.
However, the Town will be responsible for repairing any physical damage caused to Permitee’s structure(s) or property by the Town’s but not a Utility’s removal or relocation of said improvements. Upon removal or relocation of said improvements, all rights of Permitee under this agreement and the permit itself shall terminate.
C. Permitee shall comply with all applicable local, State, and Federal laws and regulations at all times during the effective period of this agreement, including but not limited to laws regarding the obstruction of vehicular traffic, the Americans with Disabilities Act and County health laws regarding provision of food services.
D. If Permitee’s proposed activities encroach into public right-of-way and/or a public easement, Permitee shall procure and maintain for the duration of this Agreement, and furnish proof of along with this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with this
Agreement, as set forth in this section. The cost of such insurance shall be borne by
Permitee. Permitee’s whose activities do not encroach into public right-of-way and/or a public easement, shall not be required to obtain said insurance. Minimum Scope of Insurance. Permittee shall obtain and all times during duration of this
Outdoor Activities Agreement maintain coverage at least as broad as:
(a) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
(b) Workers’ Compensation insurance as required by the State of California
and Employer’s Liability insurance (for Permitees with employees). (c) Property insurance against all risks of loss to any tenant improvements or betterments.
Page 7 of 9
Town Council Resolution No. 27-2020 06/17/2020
Permitee shall maintain limits no less than:
(a) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the
required occurrence limit.
(b) Employer’s Liability: $1,000,000 per accident for bodily injury or disease. (c) Property Insurance: Full replacement cost with no coinsurance penalty
provision.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Town. At the option of the Town, either: the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the Town, its officers,
officials, employees and volunteers; or the Permitee shall provide a financial guarantee satisfactory to the Town guaranteeing payment of losses and related investigations, claim administration and defense expenses.
Other Insurance Provisions.
The general liability policy is to contain, or be endorsed to contain, the following provisions: (a) The Town, its officers, officials, employees and volunteers are to be
covered as insureds with respect to liability arising out of ownership, maintenance
or use of the premises/property owned by or leased to the Permitee. (b) The Permitee’s insurance coverage shall be primary insurance as respects the Town, its officers, officials, employees and volunteers. Any insurance or self-
insurance maintained by the Town, its officers, officials, employees or volunteers
shall be excess of the Permitee’s insurance and shall not contribute with it. (c) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled, except after thirty (30) days’ prior written
notice by certified mail, return receipt requested, has been given to the Town.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII unless prior approval is received from the Town Attorney.
E. If Permitee proposes to sell or serve alcohol as a part of its outdoor activities, Permitee shall furnish, along with this Agreement, proof of a liquor liability coverage endorsement or policy.
Page 8 of 9
Town Council Resolution No. 27-2020 06/17/2020
F. Violation of Agreement. Any violation of this Agreement or any other local, State, or Federal law shall constitute an imminent threat to the public health and is hereby
declared to be a public nuisance and shall be subject to enforcement as such; violations of
this Agreement and/or Resolution No. _____may result in the immediate termination of this Agreement and the cessation of any activities authorized by this Agreement and Emergency Order No.____.
G. No Vested or Ongoing Rights Conferred. Permittee understands and agrees that
this Agreement and Resolution No. _____ confer no vested rights to any ongoing or
continued activities, and any and all activities authorized by this Agreement and Resolution are temporary in nature and granted solely to enable businesses to operate in compliance with State and local orders regarding social distancing and COVID-19. All improvements, structures and installments approved pursuant to this Agreement shall be
removed in their entirety upon expiration of this Agreement. The Agreement shall expire
on the date proposed by permitee in section 7 of this Agreement, or if the City Manager has amended the date in section 7, the Agreement shall expire on the amended date.
H. Non-Transferable. This Agreement is non-transferable. Only the permittee with whom this Agreement was entered shall be permitted to engage in the activities
authorized herein.
I. Entire Agreement. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations of modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged and
duly recorded.
THE UNDERSIGNED AGREES THAT THE PROPOSED ACTIVITIES DESCRIBED ABOVE SHALL BE IN ACCORDANCE WITH AND SUBJECT TO THIS AGREEMENT'S TERMS AND CONDITIONS, TOWN OF TIBURON RESOLUTION NO. , AND ALL OTHER APPLICABLE LOCAL, STATE AND FEDERAL LAWS, INCLUDING BUT NOT LIMITED TO STATE AND COUNTY EMERGENCY ORDERS REGARDING THE COVID-19 PANDEMIC. Permitee Date Greg Chanis Date Town Manager Director of Emergency Services Town of Tiburon
Page 9 of 9
Town Council Resolution No. 27-2020 06/17/2020
CONSENT TO USE PRIVATE PROPERTY FOR TEMPORARY OUTDOOR ACTIVITIES [This form must be completed if proposed outdoor activity requires the use of private property which is neither owned nor leased by Permitee] I, , declare that: 1.I am the record title owner of the property located at: , Tiburon, California, (Physical Address) 2. I am aware that the Permitee (Business name) is in the process of entering into a Temporary COVID-19 Outdoor Activities and Encroachment Agreement with the Town of Tiburon to use my property, described in paragraph 1, for certain outdoor activities described in the Agreement. 3. I consent and agree to use of my property for the outdoor activities described in the Agreement. Signed this day of , 20 (Landowner Signature)
EXHIBIT 2
Page 1 of 3
Town Council Resolution No. 39-2020 08/19/2020
RESOLUTION NO. 39-2020
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REGARDING OUTDOOR ACTIVITIES AND ENCROACHMENTS BY BUSINESSES OPERATING IN COMPLIANCE WITH SOCIAL DISTANCING REQUIREMENTS
WHEREAS, California Government Code Section 8630 empowers the Town Council to
proclaim the existence or threatened existence of a Local Emergency when the Town is affected or likely to be affected by a public calamity; and,
WHEREAS, on March 16, 2020, the Director of Emergency Services declared the existence of a Local Emergency, which Local Emergency has been ratified by the Town Council;
and,
WHEREAS, the Town Council does hereby find that conditions of extreme peril and a crippling disaster, which severely impairs the safety of persons or property, have arisen within the Town caused by the virus COVID-19 and its rapid transmission as reported by various local, state and national health organizations; and,
WHEREAS, the aforesaid conditions of extreme peril warranted and necessitated the
proclamation of the existence of a Local Emergency; and
WHEREAS, on March 17, 2020, the Marin County Health Official issued a shelter in place order to all non-essential activities, limiting individuals ability to leave their home; and
WHEREAS, on March 19, 2020, the Governor of the State of California (“Governor”)
issued Executive Order N-33-20, which provides that individuals living in the State of California are required to stay at home except as needed to maintain continuity of operations of the critical infrastructure sectors; and
WHEREAS, under authority contained in Sections 8610 and 8634 of the Government Code
and Tiburon Municipal Code Section 21-5(a)(6)(a), the Town Council and the Town Manager are
empowered to make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by the emergency; and WHEREAS, in mid-May 2020, the Governor of the State of California and the California
Department of Public Health published guidance regarding the opening of certain businesses
subject to stages established by the State; and
WHEREAS, the Town has an important governmental interest in maintaining a thriving business community and protecting the health, safety, and economic welfare of its citizens and businesses; and
WHEREAS, in order to protect the health and safety of the Town, while fostering economic
wellbeing of the Town’s citizens and businesses, the Town wishes to assist both essential and non-essential businesses in remaining open, or re-opening when lawfully permitted to do so; and
Page 2 of 3
Town Council Resolution No. 39-2020 08/19/2020
WHEREAS, when non-essential businesses are permitted to re-open pursuant to State and County orders, laws, and/or guidance, the Town will suspend certain permit and license
requirements in order to facilitate business operations in a manner that is consistent with social
distancing requirements, and protects the health and safety of the citizens of Tiburon; and
WHEREAS, in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, on June 17, 2020 the Town enacted Resolution No. 27-2020, finding that it was necessary to issue and implement the Resolution No. 27-2020 to protect life, property
and civil order; and
WHEREAS, Section 7 of Resolution No. 27-2020provided authority to the Town Manger for street closures on Main Street, in furtherance of the goals of Resolution No. 27-2020, with such authority ending on September 8, 2020; and
WHEREAS, the Town Council desires to extend the authority for the Town Manager to
continue permitting street closures on Main Street until October 31, 2020.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF TIBURON DOES HEREBY ORDER AS FOLLOWS:
1) Section 7 of Resolution No. 27-2020 is hereby extended to authorize the Town Manager, without further Town Council approval, to grant approvals to close all or portions of
Main Street up to three days per week from September 9, 2020, until October 31, 2020, upon a
finding as required by California Vehicle Code Section 21101(e) that the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing. Inside the street closure area, members of the public shall wear a face covering unless they are dining, in which case they will comply with the County’s face covering order.
2) Except as to extending the date for street closures in Section 7, all the previous
provisions of Resolution 27-2020 shall remain in full force and effect.
3) This Resolution shall become effective on the date signed by the Mayor for the Town of Tiburon and shall expire when repealed or upon a declared termination of the state of emergency regarding COVID-19 by the Tiburon Town Council.
4) The Town Clerk shall certify the adoption of this Resolution and shall cause a
certified Resolution to be filed in the Office of the Town Clerk.
PASSED and ADOPTED this 19th day of August 2020.
/s/ ALICE FREDERICKS, MAYOR TOWN OF TIBURON
Page 3 of 3
Town Council Resolution No. 39-2020 08/19/2020
ATTEST: /s/ LEA STEFANI, TOWN CLERK Approved as to Form: /s/ Benjamin Stock, Town Attorney
EXHIBIT 3
Page 1 of 8 Town Council Resolution No. 20-2021 06/02/2021
RESOLUTION NO. 20-2021
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REGARDING OUTDOOR ACTIVITIES AND ENCROACHMENTS BY BUSINESSES WHEREAS, the Town has an important governmental interest in maintaining a thriving
business community and protecting the health, safety, and economic welfare of its citizens and
businesses; and
WHEREAS, in order to protect the health and safety of the Town, while fostering economic wellbeing of the Town’s citizens and businesses, the Town wishes to assist businesses in remaining open; and
WHEREAS, the Town will suspend certain permit and license requirements in order to
facilitate business operations in a manner that protects the health and safety of the citizens of Tiburon; and
WHEREAS, in the interest of public health and safety, the Town desires to implement this Resolution to further the health and safety of its citizens.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF TIBURON DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Outdoor Activities Permitted. To facilitate the operations of businesses in a manner that is consistent with best practices for conducting commercial activies outdoors during the pandemic, regulations and/or policies that would otherwise prohibit businesses from
engaging in their business activities outside are hereby suspended.
SECTION 2. Temporary COVID-19 Outdoor Activities and Encroachment Agreement. To be eligible to engage in outdoor activities pursuant to this Resolution, businesses shall be required to enter into a Temporary COVID-19 Outdoor Activities and Encroachment Agreement (hereinafter the “Outdoor Activities Agreement”) attached hereto and incorporated herein by
reference.
The Town Manager or his designee shall be authorized to enter into an Outdoor Activities Agreement with the applicant and shall be entitled to seek the review of any Town staff regarding any and all site-specific considerations related to the proposed outdoor activities. The Town Manager may choose to enter into an Outdoor Activities Agreement on any terms he
deems necessary, including but not limited to modifications to the proposed location of outdoor
activities, to ensure ongoing protection of the public health and safety of the Town.
The Town shall only enter into an Outdoor Activities Agreement that authorizes activities which are consistent with State and County orders regarding the operation of businesses during the COVID-19 state of emergency.
Page 2 of 8 Town Council Resolution No. 20-2021 06/02/2021
SECTION 3. Encroachment Into Public Right-of-Way. To streamline the issuance of temporary rights of encroachment into the public right-of-way, the Town hereby amends its
encroachment permit requirements as follows:
1. The following requirements set forth in Tiburon Municipal Code Chapter 19 regarding encroachment permits shall not apply to businesses seeking to encroach into the public right-of-way for purposes of conducting business in compliance with social distancing during the declared emergency: TMC §§ 19-2, 19-3, 19-4, 19-5, 19-7, 19-8, and 19-9.
2. The requirements set forth in Tiburon Municipal Code Chapter 19A
regarding use of public right-of-way shall not apply to businesses seeking to encroach into the public right-of-way for purposes of conducting business in compliance with social distancing during the declared emergency.
3. Businesses seeking to encroach into the public right-of-way for purposes
of conducting business in compliance with social distancing, shall execute an Outdoor Activities
Agreement in lieu of obtaining encroachment permits and right-of-way agreements required by TMC Chapters 19 and 19A.
SECTION 4. No Interference with Private Property. Nothing in this Resolution relieves a business from any obligations or laws requiring consent of adjacent property owners for use of
private property. Businesses seeking to operate outdoors shall obtain consent of any private
property owners whose property will be used for outdoor operations.
SECTION 5. Building Permit and Review of Construction Documents Required. Nothing in this Resolution relieves a business from the requirement to obtain a building permit for outdoor activities if a building permit would otherwise be required, nor does this Resolution
relieve a business from complying with all provisions of the Building Code, including but not
limited to, maximum occupancy requirements.
SECTION 6. Closure of Town Streets. The Town Manager is authorized, without further Town Council approval, to grant approvals to close all or portions of Main Street from 2:00PM Friday through 10:00 PM Sunday from June 18, 2021, until August 1, 2021, upon a
finding as required by California Vehicle Code Section 21101(e) that the closing is necessary for
the safety and protection of persons who are to use that portion of the street during the temporary closing.
SECTION 7. County Permits. Nothing in this Resolution relieves a business from the requirement to obtain any and all County permits regarding the provision of food and dining
services.
SECTION 8. Violations of Resolution. Any violation of this Resolution or any other local, State, or Federal law shall constitute an imminent threat to the public health and is hereby declared to be a public nuisance and shall be subject to enforcement as such; violations of this Resolution may result in the immediate termination of an Outdoor Activities Agreement and the
cessation of any activities authorized by said Agreement and this Resolution.
Page 3 of 8 Town Council Resolution No. 20-2021 06/02/2021
SECTION 9. Effective Date of Resolution. This Resolution shall become effective on the date signed by the Mayor for the Town of Tiburon and shall expire when repealed by the
Tiburon Town Council. This Resolution shall only apply to the extent businesses are authorized
to operate pursuant to State and County orders regarding COVID-19.
SECTION 10. The Town Clerk shall certify the adoption of this Resolution and shall cause a certified Resolution to be filed in the Office of the Town Clerk.
PASSED and ADOPTED this 2nd day of June 2021.
HOLLI THIER, MAYOR TOWN OF TIBURON ATTEST: LEA STEFANI, TOWN CLERK
Page 4 of 8 Town Council Resolution No. 20-2021 06/02/2021
TEMPORARY COVID-19 OUTDOOR ACTIVITIES AND ENCROACHMENT AGREEMENT 1. Business Identification Business Name (Permittee): Mailing Address: Business Address: Business Phone: Business Email: 2. Type of Business [Check one] Restaurant Retail Other Please Describe 3. Proposed Encroachment [Check one or more if Business Proposes to Use Public Right-of-Way for Outdoor Activities] Outdoor Dining Outdoor Food Sales Outdoor Retail Display Outdoor Retail Sales Other Please Describe 4. Will proposed outdoor activity require the use of private property not owned or leased by Permitee? Yes No If response to above question is yes, has Permitee obtained all required authorizations (including but not limited to written agreements, licenses, and/or leases) to use said private property? Yes No 5. Proposed Activities. Please provide the following information on separate attachment: (1) a description of the Business, (2) proposed outdoor activities, (3) a description of all improvements, structures and/or materials to be used to facilitate outdoor activities, (4) description of area in which proposed outdoor activities will take place along with a drawing, map or other visual depication showing said area, improvements, structures and/or materials to be placed in said area. 6. Requested Start Date of Outdoor Activities: 7. Proposed Duration of Outdoor Activities: 8. Amendments to Proposal by Town and/or Additional Terms of Agreement [To be Completed by Town]: 9. Terms of Agreement:
Page 5 of 8 Town Council Resolution No. 20-2021 06/02/2021
A. Permittee agrees to accept all responsibility for loss or damage to any person or
entity and to indemnify, hold harmless, and defend and release the Town of Tiburon, its
agents, and employees from and against any and all liability actions, claims, damages, costs, or expenses which may be asserted by any person or entity, including Permittee, arising out of or in connection with the willful act or negligence of Permittee engaging in the activities associated with this Agreement, whether or not there is concurrent
negligence on the part of the Town, but excluding liability due to the sole active
negligence or sole willful misconduct of the Town. B. The Town reserves the right to order the removal or relocation of the improvements listed in paragraphs 3-6, above, at Permitee’s cost in the event same is
required by the Town and/or a Utility. Whether or not said removal or relocation is
required shall be left to the unfettered discretion of the Town and/or a Utility. Permitee hereby grants to the Town the right to remove or relocate said improvements and to come upon Permitee’s land to effect said removal or relocation if deemed necessary by the Town and/or a Utility. Permitee waives any claim or right he/she/it may have for inverse
condemnation, damages, or loss of income or business resulting from said removal.
However, the Town will be responsible for repairing any physical damage caused to Permitee’s structure(s) or property by the Town’s but not a Utility’s removal or relocation of said improvements. Upon removal or relocation of said improvements, all rights of Permitee under this agreement and the permit itself shall terminate.
C. Permitee shall comply with all applicable local, State, and Federal laws and regulations at all times during the effective period of this agreement, including but not limited to laws regarding the obstruction of vehicular traffic, the Americans with Disabilities Act and County health laws regarding provision of food services.
D. If Permitee’s proposed activities encroach into public right-of-way and/or a public easement, Permitee shall procure and maintain for the duration of this Agreement, and furnish proof of along with this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with this
Agreement, as set forth in this section. The cost of such insurance shall be borne by
Permitee. Permitee’s whose activities do not encroach into public right-of-way and/or a public easement, shall not be required to obtain said insurance. Minimum Scope of Insurance. Permittee shall obtain and all times during duration of this
Outdoor Activities Agreement maintain coverage at least as broad as:
(a) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
(b) Workers’ Compensation insurance as required by the State of California
and Employer’s Liability insurance (for Permitees with employees). (c) Property insurance against all risks of loss to any tenant improvements or betterments.
Page 6 of 8 Town Council Resolution No. 20-2021 06/02/2021
Permitee shall maintain limits no less than:
(a) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the
required occurrence limit.
(b) Employer’s Liability: $1,000,000 per accident for bodily injury or disease. (c) Property Insurance: Full replacement cost with no coinsurance penalty
provision.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Town. At the option of the Town, either: the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the Town, its officers,
officials, employees and volunteers; or the Permitee shall provide a financial guarantee satisfactory to the Town guaranteeing payment of losses and related investigations, claim administration and defense expenses.
Other Insurance Provisions.
The general liability policy is to contain, or be endorsed to contain, the following provisions: (a) The Town, its officers, officials, employees and volunteers are to be
covered as insureds with respect to liability arising out of ownership, maintenance
or use of the premises/property owned by or leased to the Permitee. (b) The Permitee’s insurance coverage shall be primary insurance as respects the Town, its officers, officials, employees and volunteers. Any insurance or self-
insurance maintained by the Town, its officers, officials, employees or volunteers
shall be excess of the Permitee’s insurance and shall not contribute with it. (c) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled, except after thirty (30) days’ prior written
notice by certified mail, return receipt requested, has been given to the Town.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII unless prior approval is received from the Town Attorney.
E. If Permitee proposes to sell or serve alcohol as a part of its outdoor activities, Permitee shall furnish, along with this Agreement, proof of a liquor liability coverage endorsement or policy.
Page 7 of 8 Town Council Resolution No. 20-2021 06/02/2021
F. Violation of Agreement. Any violation of this Agreement or any other local, State, or Federal law shall constitute an imminent threat to the public health and is hereby
declared to be a public nuisance and shall be subject to enforcement as such; violations of
this Agreement and/or Resolution No. _____may result in the immediate termination of this Agreement and the cessation of any activities authorized by this Agreement and Emergency Order No.____.
G. No Vested or Ongoing Rights Conferred. Permittee understands and agrees that
this Agreement and Resolution No. _____ confer no vested rights to any ongoing or
continued activities, and any and all activities authorized by this Agreement and Resolution are temporary in nature and granted solely to enable businesses to operate in compliance with State and local orders regarding social distancing and COVID-19. All improvements, structures and installments approved pursuant to this Agreement shall be
removed in their entirety upon expiration of this Agreement. The Agreement shall expire
on the date proposed by permitee in section 7 of this Agreement, or if the City Manager has amended the date in section 7, the Agreement shall expire on the amended date.
H. Non-Transferable. This Agreement is non-transferable. Only the permittee with whom this Agreement was entered shall be permitted to engage in the activities
authorized herein.
I. Entire Agreement. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations of modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged and
duly recorded.
THE UNDERSIGNED AGREES THAT THE PROPOSED ACTIVITIES DESCRIBED ABOVE SHALL BE IN ACCORDANCE WITH AND SUBJECT TO THIS AGREEMENT'S TERMS AND CONDITIONS, TOWN OF TIBURON RESOLUTION NO. , AND ALL OTHER APPLICABLE LOCAL, STATE AND FEDERAL LAWS, INCLUDING BUT NOT LIMITED TO STATE AND COUNTY EMERGENCY ORDERS REGARDING THE COVID-19 PANDEMIC. Permitee Date Greg Chanis Date Town Manager Town of Tiburon
Page 8 of 8 Town Council Resolution No. 20-2021 06/02/2021
CONSENT TO USE PRIVATE PROPERTY FOR TEMPORARY OUTDOOR ACTIVITIES [This form must be completed if proposed outdoor activity requires the use of private property which is neither owned nor leased by Permitee] I, , declare that: 1.I am the record title owner of the property located at: , Tiburon, California, (Physical Address) 2. I am aware that the Permitee (Business name) is in the process of entering into a Temporary COVID-19 Outdoor Activities and Encroachment Agreement with the Town of Tiburon to use my property, described in paragraph 1, for certain outdoor activities described in the Agreement. 3. I consent and agree to use of my property for the outdoor activities described in the Agreement. Signed this day of , 20 (Landowner Signature)
Tiburon Town Council
February 2, 2022
DI-2: Slow Streets
Late Mail
From:Mike Lantier
To:Lea Stefani
Subject:Slow Streets- Tiburon Fire District does not support a 2022 program
Date:Wednesday, February 2, 2022 3:03:11 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Hello Lea,
Please add this correspondence to tonight's Council Item DI-2 forimplementation of Slow Streets 2022. The Tiburon Fire District would not
be in support of the continuance of Slow Streets in 2022 as reasonable
accommodations were made in consideration of COVID-19 and its impacts
on the local economy. Though we will always support communitystrengthening activities like special events on Main Street and parades
downtown, fire apparatus access is paramount for us in this area of town
and continued closures will impact our abilities to manage fire & life safety.
The California Fire Code Section 503 states that fire apparatus shall be
required to reach within 150 feet around a structure with that distance
being lengthened if automatic sprinklers are present or an approved
alternate means of protection is in place. Much of the downtown stillremains unsprinklered, especially on Main Street, so diminishing our
engines' ability to get to the structure is critical.
With Slow Streets, we did not fill the K rails with water at both ends ofLower Main Street, in order to make access quickly. If filled, each rail
will weigh over 1,000 lbs each. This was an accommodation where our
firefighters removed the empty K rails ahead of driving down Main Street.
The placing tables and chairs into the roadway also slows ourmovements on Main Street. Slow Streets impedes fire access.
I have suggested the Special Events Team re-examine the Special Events
policies of the Town in order to ensure we think ahead for events and bean active partner in the General Plan 2040 downtown redesign.
Impacts to other services like garbage removal, supply deliveries and
initial check-in to guests at our local hotels also contribute to potentialimpediment to emergency response on Main Street. Vehicles double park
in red zones in order to get "as close as they can'' to check in, remove
garbage and/or deliver to the businesses. These vehicles impact our
access.
I encourage the Council to consider not to continue with a Slow Streets
program for 2022. Our collective public safety thanks you.
Respectfully,
Michael Lantier
Fire Marshal
Tiburon Fire Protection District
1679 Tiburon Blvd.
Tiburon, CA 94920
(415) 435-7200 Station 11
(415) 435-7207 Desk
(415) 435-7205 fax
www.tiburonfire.org
mlantier@tiburonfire.org
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