HomeMy WebLinkAboutTC Agd Pkt 2008-11-05
TOWN OF TIBURON
Tiburon Town Hall
1505 Tiburon Boulevard
. Tiburon, CA 94920
Regular Meeting
Tiburon Town Council
November 5,2008
Closed Session - 5:45 p.m.
Interview - 7:15 p.m.
Regular Meeting - 7:30 p.m.
AGENDA
TIBURON TOWN COUNCIL
CLOSED SESSION - (5:45 p.m.)
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Section 54956.9(a))
Town of Tiburon v. Sylvia; Sylvia v. Town ofTiburon
Wayne et al. v. Town ofTiburon
Bonander et al v. Town ofTiburon;
In re Del Mar Supplemental Utility Undergrounding District;
Mostyn v. Town ofTiburon et al.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Section 54956.9(b))
Claim of Bob Gilles
Claim of Sandra Esposito and Robert Malasky
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Section 54957)
Title: Town Attorney
INTERVIEW -7:15 p.m.
· Jane Jacobs, 44 Lyford Drive Ot. Recreation Committee)
CALL TO ORDER AND ROLL CALL
Councilmember Berger, Councilmember Collins, Councilmember Gram, Vice Mayor
Fredericks, Mayor Slavitz
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY
ORAL COMMUNICATIONS
Persons wishing to address the Town Council on subjects not on the agenda may do so at this
time. Please note however, that the Town Council is not able to undertake extended
discussion or action on items not on the agenda. Matters requiring action will be referred to
the appropriate Commission, Board, Committee or staff for consideration or placed on a future
Town Council meeting agenda. Please limit your comments to three (3) minutes.
CONSENT CALENDAR
All items on the Consent Calendar may be approved by one motion of the Town Council unless
a request is made by a member of the Town Council, public or staff to remove an item for
separate discussion and consideration. If you wish to speak on a Consent Calendar item,
please seek recognition by the Mayor and do so at this time.
1. Town Council Minutes - Adopt minutes of October 15,2008 meeting (Town Clerk Crane
lacopi)
2. Business of the Year - Adopt resolution commending Larry Hadley and Ireland~Robinson
Hadley upon receipt of the Chamber of Commerce 2008 Business of the Year award
(Town Clerk Crane lacopi)
3. Town Manager Contract - Adopt amended contract for FY 2008~09 (Town Attorney
Danforth)
4. Open Space Management Plan - Authorize Town Manager to negotiate and execute an
agreement with LSA Associates (Director of Community Development Anderson &::
Director of Public Works/Town Engineer Nguyen)
ACTION ITEMS
1. Appointments to Boards, Commissions &: Committees - Consider appointment to fill
vacancy on J t. Recreation Committee (Town Clerk Crane lacopi)
PUBLIC HEARINGS
1. Marin Clean Energy - Consider ordinance establishing joint powers authority (Town
Manager Curran and Town Attorney Danforth) ~ Introduction &:: first reading of
ordinance
2. Construction Noise on Saturdays and Noise from Tree Work on Weekends and
Holidays - (Director of Community Development Anderson)
a) Consider amendment of Title IV, Chapter 13 of Town Code to prohibit or reduce
work hours on Saturdays pursuant to a building permit - Introduction &:: first
reading of ordinance;
b) Consider standardized conditions of approval on Tree Permits and Encroachment
Permits to prohibit work on weekends and holidays
TOWN COUNCIL REPORTS
TOWN MANAGER'S REPORT
· Request to form ad hoc subcommittees for:
a) Corporation Yard Redevelopment
b ) Lyford Drive Parking Area
c) Recreation Master Plan
WEEKLY DIGESTS
· Town Council Weekly Digest - October 17, 2008
· Town Council Weekly Digest - October 24, 2008
· Town Council Weekly Digest - October 31, 2008
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) 4 35~
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 staff reports are posted on the Town's website,
www.cLtiburon.ca.us.
Materials related to an item on this agenda submitted to the Town Council after
distribution of the agenda packet are available for public inspection at Town Hall
during normal business hours.
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.
CC-I
TOWN COUNCIL
MINUTES
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CALL TO ORDER
Mayor Slavitz cal theregul~eeting of the Tiburon Town Council to order at 7:30 p.m.
on Wednesday, ctober 15,2008 in Town Council Chambers, 1505 Tiburon Boulevard,
Tiburon, Califo a.
ROLL CALL
PRESENT: COUNCILMEMBERS:
Berger, Collins, Fredericks, Gram, Slavitz
PRESENT: EX OFFICIO:
Town Manager Curran, Director of Administrative
Services Bigall, Director of Community
Development Anderson, Director of Public
Works/Town Engineer Nguyen, Town Clerk Crane
Iacopi
Prior to the regular meeting, beginning at 6:30 p.m., the Town Council met in closed session to
discuss the following:
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Section 54956.9(a))
Town of Tiburon v. Sylvia; Sylvia v. Town of Tiburon
Wayne et al. v. Town ofTiburon
Bonander et al v. Town ofTiburon;
In re Del Mar Supplemental Utility Undergrounding District;
Mostyn v.Town ofTiburon et al.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Section 54956.9(b))
Claim of Bob Gilles
Claim of Sandra Esposito and Robert Malasky
Item continued/Town Attorney out ill.
Town Council Minutes #17 -2008
October 15, 2008
Page 1
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Section 54957)
Title: Town Manager
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION" IF ANY
Mayor Slavitz said that there was nothing to announce.
ORAL COMMUNICATIONS
None.
INTRODUCTION OF NEW TOWN EMPLOYEE
. Matthew Swalberg, Engineering Technician
Director of Public Works/Town Engineer Nguyen introduced the newest member of the Public
Works Department, Matthew Swalberg. He said that Matt had a degree in Park Administration
from Cal Poly Pomona, and had most recently been employed for nine years as a park ranger by
the County of Marin. Prior to that, Nguyen said Matt had worked for several municipalities in
Southern California.
Director Nguyen said that Matt was a native of Marin County and now lived in San Anselmo
with his wife and children; he said that he was active in Boy Scouts.
Mr. Swalberg said that he was happy to join the town staff and that the job appeared to be
dYnamic and challenging. The Council welcomed him to Tiburon.
CONSENT CALENDAR
1. Town Council Minutes - Adopt minutes of October 1, 2008 meeting (Town Clerk Crane
Iacopi)
2. Town Investment Summary - Adopt August 2008 report (Director of Administrative
Services Bigall)
3. Town Budget Amendments - Adopt FY 2008-09 municipal budget amendments to reflect
additional revenues resulting from adoption of State budget (Director of Administrative
Services Bigall)
Town Council Minutes #17 -2008
October 15, 2008
Page 2
4. "Green Building" Resolution - Adopt resolution establishing Green Building Compliance
Standards, Rating System and Incentives (Director of Community Development
Anderson)
5. Zelinsky Playground Park - Authorize Town Manager to sign contract with Ross
Recreation Equipment for purchase of playground equipment (Director of Public
Works/Town Engineer Nguyen)
6. Paradise Drive Prezoning Application - Approve Services Agreement for Preparation of
CEQA Compliance Documentation for Paradise Drive Prezoning Application (Director
of Community Development Anderson)
Councilmember Gram asked that Item No.3 be removed from the Consent Calendar. He asked
Town staff to put the item on the "back burner" because of the uncertaInty of the state budget,
specifically, whether bonds could be sold, and other issues. He recommended that Council defer
taking action on the item at this time.
Director of Administrative Services Bigall said that staff would return with a report closer to the
end of the fiscal year.
MOTION:
Moved:
Vote:
To adopt Consent Calendar Item Nos. 1,2,4, 5 & 6, as written.
Fredericks, seconded by Berger
AYES: Unanimous
ABSTAIN: Collins (October 1,2008 Minutes)
TOWN COUNCIL REPORTS
Vice Mayor Fredericks said that she, Mayor Slavitz and Town Manager Curran had participated
in a joint meeting with their counterparts from Belvedere and officials from the Reed Union
School District. She said that RUSD had informed them that the room at Bel Aire School would
no longer be available for use by the Jt. Recreation Committee because of increased kindergarten
enrollment at the school. She said that school district and Jt. Recreation officials expressed an
interest in keeping the gymnasiums open on weekends in the future, and that they would like
town and city officials to contribute to this effort. She also said that RUSD would like to see
after school programs undertaken by the Jt. Recreation Committee.
Town Manager Curran said that the Town had appropriated $50,000 in the current year budget
for a recreation master plan, and that it was programmed for the second half of the fiscal year.
She said that the master plan would be funded by the Town of Tiburon (75%) and City of
Belvedere (25%).
Town Council Minutes #17 -2008
October 15, 2008
Page 3
Mayor Slavitz said that having such a plan would be a useful tool to provide guidance to the
Town as more and more organizations had been asking for money for recreational programs.
Town Manager Curran said that the study would have to be well-thought out and not just tell the
Council "things we already know;" similarly, she said it would not be helpful to have a study that
contained unachievable goals.
Vice Mayor Fredericks affirmed that the Town was on the right track in budgeting for the
proposed study, as evidenced by the recent meeting with RUSD and Jt. Recreation.
TOWN MANAGER'S REPORT
None.
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor Slavitz
adjourned the meeting at 7:40 p.m.
JEFF SLA VITZ, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Town Council Minutes #17 -2008
October 15, 2008
Page 4
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
November 5, 2008
Agenda Item: a - J
STAFF REPORT
To:
Mayor and Members of the Town Council
From:
Office of the Town Clerk
Subject:
Adopt Resolution for 2008 Business of the Year
~
Reviewed By:
BACKGROUND
Ireland-Hadley Robinson has been named Tiburon Peninsula Chamber of Commerce 2008
Business of the Year. Owner Larry Hadley and his company were honored at the Spirit of Marin
awards luncheon in September. They will be honored locally at a joint meeting of Tiburon
Rotary and the Chamber of Commerce on November 12 at the San Francisco Yacht Club. Mayor
Slavitz will present the attached resolution on behalf of the Town.
RECOMMENDATION
Staff recommends that the Council adopt the resolution commending Larry Hadley and Ireland-
Robinson Hadley as Tiburon Peninsula Chamber of Commerce 2008 Business of the Year.
EXHIBIT
Draft Resolution
Prepared By: Diane Crane Iacopi, Town Clerk
RESOLUTION NO. XX-2008
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
HONORING LARRY HADLEY AND IRELAND-ROBINSON & HADLEY, INC.
AS TIBURON PENINSULA CHAMBER OF COMMERCE
2008 BUSINESS OF THE YEAR
WHEREAS, Ireland-Robinson & Hadley was established in 1953 by Marion Robinson
and Russ Sharp, whose offices were located above R&S Service on Tiburon Boulevard;
WHEREAS, upon the departure of Russ Sharp, Bill Ireland, then a foreman, became
Marion's partner in the company known as Ireland-Robinson;
WHEREAS, Larry Hadley's father, Bob, joined Ireland-Robinson in 1957; and the
business was later incorporated as Ireland-Robinson & Hadley, Inc. in 1972;
WHEREAS, Bill and Marion retired in 1975 and Bob Hadley acquired the company but
retained the name and reputation of his former partners;
WHEREAS, Larry Hadley bought the business from his father in 1994, and has
maintained the tradition of the "Hadley Standard of Excellence;"
WHEREAS, Ireland-Robinson & Hadley has built over 300 custom homes in Marin
County, many of the on the Tiburon Peninsula; and
WHEREAS, the success of Ireland, Robinson & Hadley's has been built on its long-
standing reputation for fine craftsmanship, attention to detail and partnership with the
community;
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of
Tiburon hereby honors Mr. Larry Hadley and Ireland, Robinson & Hadley, Inc. as the 2008
Tiburon Peninsula Chamber of Commerce Business of the Year, and
BE IT FURTHER RESOLVED, that the Town Council commends Larry Hadley not only
for his hard work and dedication to the success of his business, but for his company's financial
support of local community events such as the Tiburon Art Festival, Classic Car Show, Friday
Nights on Main, Oktoberfest, the Belvedere-Tiburon Open Golf Tournament, and Labor Day
Parade.
PASSED AND ADOPTED at a regular meeting of the Tiburon Town Council on
November 5,2008, by the following vote:
AYES:
NOES:
COUNCILMEMBERS:
COUNCILMEMBERS:
JEFF SLA VITZ, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
T own Council Meeting
November 5, 2008
Agenda Item: C C .--- c3
STAFF REPORT
To:
Mayor and Members of the Town Council
From:
Town Attorney's Office
Subject:
Recommendation to Adopt and Authorize the Mayor to Execute the
S~,co.nd Al!).eDdment to Town Manager's Employment Agreement
~
Reviewed By:
BACKGROUND
On October 15, 2008, the Town Council met in closed session to conduct an evaluation of Town
Manager Peggy Curran. The attached amendment to her Employment Agreement provides for a
salary adjustment that reflects the result of that process while considering the current tight
economic times.
FINANCIAL IMP ACT
The salary adjustment will increase the Town Manager's compensation by 1 %. Additionally, a
one-time bonus of $3,750 would be provided. The adopted municipal budget accommodates the
proposed modification to the Town Manager's compensation. Accordingly, this contract
amendment will have no fiscal impact on the adopted budget.
RECOMMENDATION
I recommend that the Town Council:
Move to adopt, and authorize the Mayor to execute, the second amendment to the Town
Manager's Employment Agreement as written.
EXHIBIT(S)
Draft Contract Amendment
Prepared By:
Ann R. Danforth, Town Attorney
---DRAFT---
SECOND AMENDMENT TO TOWN MANAGER'S
EMPLOYMENT AGREEMENT
This AMENDMENT TO THE TOWN MANAGER'S EMPLOYMENT
AGREEMENT ("Amendment") is effective as of October 2, 2008, by and between The
Town of Tiburon ("Town") and Margaret A. Curran ("Employee").
RECITALS
The Town employs Employee as its Town Manager, pursuant to an Employment
Agreement effective October 2, 2006 ("Manager's Agreement").
The Town Council has conducted its second performance evaluatiQl1 of Employee as set
forth in the Manager's Agreement and is well satisfied with Employee's performance.
The Council finds that the Employee has demonstrated management and leadership skills
that compare favorably to persons holding similar positions in similar agencies.
The Town's policy is to offer compensation packages that are competitive with similar
employers for similar positions so as to maintain the highest quality staff to serve the
public. To continue to maintain a competitive compensation package for Employee so as
to retain Employee as Town Manager, the Council has decided to modify the Manager's
Agreement and compensation as set forth in this Amendment and Employee has agreed
to such modification.
NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE RECITALS
AND OF THE MUTUAL PROMISES AND CONDITIONS OF THIS
AMENDMENT, IT IS AGREED AS FOLLOWS:
1. Base Salarv. Section 4.1 of the Manager's Agreement shall be amended as
follows:
Employee shall receive a base salary of one hundred eighty thousand eight
hundred sixty-four dollars ($180,864) per year. This salary shall be retroactive to
July 1, 2008.
2. One-Time Retention Allowance. Section 4.8 is hereby added to the Manager's
Agreement to read as follows:
To retain Employee and reward her service during the past performance
evaluation period and demonstrated skill level, Employee is granted a one-
time cash allowance of three thousand seven hundred and fifty dollars
($3,750) to be paid into Employee's deferred compensation account. The
Town shall pay this allowance within 15 days of this Amendment. The
Council shall not be obliged to grant similar allowances in the future.
However, in conjunction with future performance evaluations, the Town
Council may, in its sole discretion, consider whether Employee's
demonstrated skill level and the compensation practices of similar
employers for similar positions warrants payment of a future retention
allowance or allowances.
3. Performance Reviews. For purposes of this Agreement, Employee's annual
performance review shall be completed on or about July 1 st in the manner generally
accorded to the Town's management personnel. The Council will consider salary
adjustments and other contract amendments in conjunction with the performance
evaluation. If the Employee's performance is satisfactory the Council may, in its
sole discretion, elect to make a one-time cash payment to Employee as an
appropriate incentive to retain Employee.
4. Except as expressly modified by this Amendment, The Manager's Agreement
between the Town and Employee shall remain in full force ~nd effect.
IN WITNESS WHEREOF, this Amendment to the Manager's Agreement shall be
effective as of the day and year written above.
Dated:
THE TOWN OF TIBURON:
By:
Jeff Slavitz
Mayor, Town of Tiburon
APPROVED AS TO FORM
Ann R. Danforth
Town Attorney, Town of Tiburon
EMPLOYEE
Margaret A. Curran
Town Manager, Town of Tiburon
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
T own Council Meeting
November 5, 2008 /'/_'_ J
Agenda Item: LL- I
STAFF REPORT
To:
Mayor and Members of the Town Council
From:
Community Development Department
Public Works Department
Subject:
Approve the Preparation of an Open Space Management Plan and
Authorize the Town Manager to Negotiate and Execute a Service
Agreement with LSA Associates
B
Reviewed By:
SUMMARY
The Town recently completed a Request for Proposals (RFP) process for preparation of an Open
Space Management Plan for the 253 acres of open space land under the Town's ownership. The
RFP was sent to eight (8) qualified firms, each of which had expressed prior interest in receiving
the proposal. Only one proposal was submitted, by LSA Associates of Point Richmond.
Fortunately, the proposal submitted is a solid one that appears fully responsive to the Town's
objectives as set forth in the RFP and at a reasonable cost. LSA Associates is a well-qualified
firm and has an established track record in biological and environmental work in Tiburon and
Marin County. Prior Town experience with this firm has been positive.
The adopted Town budget for FY 2008-2009 allocates $40,000 for the Open Space Management
Plan. The LSA proposal approximates this budgeted amount.
RECOMMENDATION
Staff recommends that the Town Council:
1. Approve the preparation of the Open Space Management Plan.
2. Authorize the Town Manager to negotiate and execute an agreement for professional
services with LSA Associates in an amount not to exceed the budgeted amount of
$40,000.
Prepared By:
Scott Anderson, Director of Community Development
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
October 1, 2008
Agenda Item: A r _ /
STAFF REPORT
To:
Mayor and Members of the Town Council
From:
Office of the Town Clerk
Subject:
Appoi~ments to fill vacancies on Town Boards and Commissions
~..
Reviewed By:
BACKGROUND
Two vacancies were created on the Jt. Recreation Committee earlier this year with the
resignation of former committee members Priscilla Tripp and Tara Sullivan.
At its October 1 meeting, the Council appointed Erin Tollini to fill one of these vacancies and
directed staff to continue to advertise to fill the other.
As a result of this advertising, the Town received one application-that of Jane Jacobs (see
attached exhibit). In addition to her application, Ms. Jacobs met with town staff, as well as
Recreation Director Cathleen Andreucci. She also attended the October 20 Jt. Recreation
Committee meeting.
RECOMMENDATION
Staff recommends that the Council consider appointment to fill the remaining vacancy on the Jt.
Recreation Committee tonight.
EXHffiIT
. Application of Jane Jacobs
Prepared By: Diane Crane Iacopi, Town Clerk
TOWN OF TIBVRON
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COMMISSION.. BOARD & COMMITTEE
APPLICA TION
The Town Council considers appointments to various Town commissions,
boards and committees throughout the year due to term expirations and unforeseen
vacancies. In an effort to broaden participation by local residents in Tiburon's
governmental process and activities, the Council needs to know your interest in
serving the Town in some capacity.
Please indicate your specific areas of interest and special skills or experience
which would be beneficial to the Town, by completing both sides of this form and
returning it to Town Hall. The application form can also be found on the Town's
website, www.ci.tiburon.ca.us.
Copies of the application will be forwarded to the Town Council and an
informal interview will be scheduled when a vacancy occurs. Your application will
remain on file at Town Hall for a period of one (1) year.
Thank you for your willingness to serve the Tiburon community.
~fl~.
Diane Crane Iacopi
Town Clerk
***********************************************
AREAS OF INTEREST
I
Please Indicate Your Area(s) of Interest in Numerical Order
(#1 Being the Greatest Interest)
PLANNING
DESIGN REVIEW
HERITAGE & ARTS
LIBRARY
PARKS, OPEN SPACE & TRAILS
~ JT. RECREATION COMMITTEE
DISASTER PREPAREDNESS
MARIN COMMISSION ON AGING
1
i>/iRSON4 DAT4
(pLEA8J!P~TO~ TYPE "::'A~Sl)MEMAY B'I~: ATTAClniD AS WELL)
NAME: JA1\J6 ( coB-S
MAILING ADDRESS: 11 LyFoCP~' ~~J2cIJ
TELEPHONE: Home: 1?h'02'/-.::SWork: 95355D/ Fax No.
PROPERTY OWNERS' ASSOC. (If applicable)
TIBURON RESIDENT: (Years)
/q
DATE SUBMITTED: ()e,T ..2ll.2a.Jfj
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----------------------------------------------1Lown lIall lJse -------------------------------------------------
Date Application Receiijd:
Appointed to: mJ OCT 2 1 2008
Interview Date:
(Date)
Date 1Lerm Expires:
T.OWN CLERK
TOWN OF TIBURON
Length of Term:
2
Jane M. Jacobs
Licensed MalTiage and Family Therapist (License #MFC 30561)
CAADAC Certified Drug and Alcohol Counselor (Certificate #A3535789)
1030 Sir Francis Drake Blvd.
Kentfield, CA 94904
415-453-5501
RELEVANT
EXPERIENCE
EDUCATION
SUPERVISORY
AND
LEADERSHIP
EXPERIENCE
Psychotherapist
Private Practice, Kentfield, California
.:. Practice includes individual and couple treatment as well as group therapy
Clinical Case Specialist and Telephonic Counselor
Managed Health Network, San Rafael, California
.:. Outpatient case management including assessment and triage of crisis
situations, provider contacts and EAP telephonic counseling
Psychotherapist and Group Leader
Family Service Agency, San Rafael, California
.:. Worked on the substance abuse treatment team
Assistant Care Manager
United Behavioral Health, San Francisco, California
.:. Managed outpatient cases and conducted telephone crisis intervention
Employee Assistance Intern
Public Gas and Electric Corporate Division, San Francisco, California
.:. Counseled individuals, assessed employees for refelTal to HLOC or JPR and
participated in CISD groups
Substance Abuse Therapist
Sausalito Professional Clinic, Sausalito, California
.:. Led addiction recovery and educational groups for court-refelTed clients
Family Therapist
Starting Point Hospital, Orange vale, California
.:. Facilitated educational and family groups at this chemical dependency hospital
Intervention Intern
Intervention Associates, Princeton, New Jersey
.:. Prepared and facilitated formal family interventions for substance abusers
Alcoholism Therapist Intern
CMHC, Robert Wood Johnson Medical School, Piscataway, New Jersey
.:. Individual and group counseling provided in this outpatient community facility
Master of Arts in Counseling and Certificate in Alcoholism Counseling
College of New Jersey, Hamilton, New Jersey
Bachelor of Arts in Sociology
Beloit College, Beloit, Wisconsin
Supervised staff, board and teachers of a 90-student private school
Evaluated teacher trainees for national certifying organization
Officer in several community non-profit boards
Member of sales team in New Jersey real estate office
1993-Present
1996- 2006
1990-1998
1995-1996
1991-1992
1989-1991
1988-1989
1987
1986-1987
4
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
November 5, 2008
Agenda Item:ll!_ /
STAFF REPORT
To: Mayor and Members of the Town Council
From: Office of the Town Manager
Office of the Town Attorney
Subject: Recommendation to Introduce on First Reading an Ordinance of the Town
Council of the Town of Tiburon approving the Marin Energy Authority Joint
Powers Agreement and Authorizing the Implementation of a Community
Choice Aggregation Program ·
Reviewed By: ~-
INTRODUCTION AND EXECUTIVE SUMMARY
The ordinance before the Council tonight is a step towards two goals: creating an alternative
energy supply for Marin residents and reducing greenhouse gas emissions.
Community Choice Aggregation, or "CCA," is a State authorized program that allows energy
consumers to band together with other members of their community to obtain energy from
alternative providers. A local government may implement a CCA program by ordinance; two or
more local governments may do so as a group by forming a joint powers authority ("JP A").
Over the past five years the County of Marin and its 11 cities and towns have worked together to
explore implementing a CCA program that would give County residents a "greener" choice for
their electrical energy needs. Meanwhile, in 2006, the State adopted Assembly Bill 32, the
California Global Warming Act of 2006. AB 32 instituted a state-wide program for reducing
greenhouse gases.1 The Task Force charged with developing the CCA program decided to add
AB 32 compliance to the new JPA's mandate.
The result is the attached ordinance and joint powers agreement now before the Council. The
ordinance will trigger the following chain of events:
1. The ordinance approves the joint powers agreement and signals the Town's election to
participate in the proposed CCA program, subject to the right to withdraw from the JPA
before it actually implements the CCA program.
1 AB 32 is codified at Sections 38500 et seq. of the California Health and Safety Code. Earlier this year, the State
adopted Senate Bill 375, which adds a host of greenhouse-gas related regulations and requires regional planning
efforts to comply with AB 32-adopted regulations.
TOWN OF TIBURON
PAGE 1 OF 6
Tmvn Council f-v1ceting
Nm'Cmber 5, 2008
2. The Agreement, upon execution by at least two parties, forms a JP A titled the Marin
Energy Agency ("MEA").
3. The MEA will solicit proposals from potential energy service providers (ESPs) to provide
electricity meeting certain environmental standards pursuant to a CCA program to be
called Marin Clean Energy ("MCE").
4. The MEA is not obliged to proceed with any of the proposals. If the MEA does select a
proposal, it will negotiate a draft contract with the ESP.
5. The MEA will circulate the proposed ESP contract to member agencies. The members
have sixty days to review the proposed contract and decide whether to participate in the
program. If a member decides to withdraw at this point, it may do so without cost or on-
going liability. We expect to arrive at this point in approximately one year.
6. If the MEA actually implements the MCE program, the County will recoup the upfront
costs of forming the MEA and exploring the program from MEA customers. If the MCE
does not implement the program, the County will absorb these unrecoverable costs.
7. Whether or not the MEA implements the MCE program, it will explore and possibly
implement other programs directed at compliance with the members AB 32 obligations.
On October 28, 2008, the County Board of Supervisors passed first reading of its ordinance
approving the MEA joint powers agreement. Most Marin cities and towns are scheduled to hold
their first readings in November; Corte Madera, N ovato and Larkspur have not yet scheduled
consideration of the ordinance, but are expected to do so shortly. The County's goal is to form
the MEA in December and begin work on the request for proposals in January of 2009.
Public meetings to review the MCE concept were held in Tiburon on May 7 and October 6 of
2008. Every Marin jurisdiction has also held educational sessions on Marin Clean Energy and
CCA both for the public and for a variety of community groups including the North Bay
Leadership Council, Marin Family Action, Marin Municipal Water District, Marin Builders
Exchange, Marin Realtors Association, Sausalito Lions Club, San Rafael Chamber of Commerce,
Mill Valley Rotary and many others.
Present this evening to assist in answering questions about the proposed Marin Energy Authority
are Dawn Weisz, the County planner who has been instrumental in developing the concept and
educating communities about it, Greg Stepanicich of Richards, Watson Gershon, the city attorney
for several Marin cities, whom the County of Marin retained to develop the ordinance and joint
power agreement, and William Monsen of MR W Associates, the principle author of a recent
independent review of the CCA business plan.
BACKGROUND
In this subject area, the use of acronyms is unavoidable. For your convenience, we offer the
following glossary:
TOWN OF TIBURON
PAGE 2 OF 6
CCA:
MCE:
ESP:
JPA:
MEA:
PG&E:
Town Council Meeting
November 5, 2008
Community Choice Aggregation, a state-authorized program to procure
energy on behalf of consumers
Marin Clean Energy, a CCA program to be implemented by the MEA
Energy Service Provider
Joint Powers Authority, a public agency created by contract between
existing public agencies
Marin Energy Agency, a joint powers authority
Pacific Gas and Electric Company
The Marin Energy Authority
The County's plan is to have all participating agencies adopt the attached ordinance by the end of
December, 2008 to form the MEA joint powers authority. The ordinance authorizes the adopting
agency to enter into the joint powers agreement.
The Town currently belongs to a number of JP As and the MEA would be similar in most
respects. However, it will have several noteworthy atypical features:
· To protect local land use authority, Section 2.7 of the Agreement requires that the MEA
comply with the planning and building laws of any jurisdiction in which it locates or
constructs facilities.
· Section 4.9 sets forth a somewhat complicated voting formula for MCE-related decisions.
Each such decision must pass through two voting tiers, a "percentage" vote and a "share"
vote. Each member agency has one equally weighted vote for the percentage vote. In the
share vote, each member's vote is enhanced according to their total energy use. This
second tier effectively gives more weight to the votes of members using more energy with
the provision that no one agency's vote can ever be enough to carry the decision on that
tier.
· A board decision to amend the agreement or involuntarily remove a party requires a 2/3
majority vote.
· Although an agency may easily withdraw from the MEA before the MCE program begins,
withdrawal will be more complex after the program is under way, particularly if the
withdrawing agency has residents receiving MCE energy. We do not have a resolution
for thi8 problem at present. Accordingly, Section 7.1.3 requires that the MEA's Operating
Rules and Regulations address that issue.
· As discussed earlier, the MEA would also be able to pursue non-CCA programs, to
further compliance with AB 32 mandates. This flexibility requires some creative drafting.
We do not know what these programs will look like or whether the Town will want to
participate. If member agencies are divided regarding a particular AB 32 program, it
would be possible to amend the joint powers agreement to create a separate governance
system. Moreover, any agency can withdraw from the MEA upon six months notice
under Section 7.
TOWN OF TIBURON
PAGE30F6
T mvn Council Meeting
November 5, 2008
· The County has agreed to fund the upfront costs associated with the MEA's formation and
implementation of the MCE program. These costs will be reimbursed only if the MEA
actually implements the MCE program, by recouping the cost from energy customers
(Section 6.3.2).
Community Choice Aggregation (aka Marin Clean Energy or MCE)
State law allows local governments to create programs to procure electricity on behalf of
customers within their jurisdictions under a program called Community Choice Aggregation or
CCA. For the past several years, the County and the eleven incorporated cities and towns within
Marin have been investigating the feasibility of this opportunity to improve the renewable profile
of Marin's electricity and to help stabilize rates over time. The Town has participated in the
Local Government Task Force exploring CCA since 2006. In recent months, the Task Force
decided to expand the scope of its efforts to include greenhouse gas reduction programs
mandated by Assembly Bill 32, described further below.
The CCA Task Force generated the following documents:
. Marin CCA Business Plan;
. Local Renewables Analysis; and
· An independent peer review of the Marin CCA Business Plan.
The first purpose of the new agency, MEA, is to create and operate a county-wide CCA, Marin
Clean Energy (MCE). MEA would be a separate legal entity able to enter into contracts to
purchase renewably-generated electricity from independent producers. The MEA would solicit
proposals to supply electric power for the MCE project and carry out other technical functions.
If the MEA selects a proposal, it will negotiate a draft contract with the energy service provider
(ESP). The MEA will circulate the draft for a minimum 90-day review period.
Each MEA member government would then vote on whether to go forward with the contract to
implement CCA or not. Signing the contract with an Energy Service Provider would occur in
mid- to late 2009, and would be the formal step to launch the MCE project.
PG&E would distribute the MCE power, provide the balance of electricity needed and continue
to own and operate the distribution network of power lines. PG&E would also continue to
provide billing and customer service. Customers in participating municipalities and the
unincorporated County would have the ability to subscribe to power from MEA or could "opt
out" and stick with PG&E for all of their power. MEA Customers could choose between two
levels of participation: "light green" or "dark green". Initially, "light green" would provide
twice as much renewable energy as customers currently receive, increasing to approximately
50% within five years, at rates equal to or less than PG&E's, with rates projected to decrease
over time. Those selecting the "dark green" option would agree to pay 8-10% extra to receive
100% renewable power. (Please note that the actual source of the power one receives is a
function of the power-balancing that occurs at the regional and state level where electrons are
merged in the system as efficiency dictates.)
MCE is based on a fairly complicated and technical business plan that makes many assumptions
about the availability and reliability of both renewable and non-renewable resources into the
TOWN OF TIBURON
PAGE 4 OF 6
Tmvn Council Meeting
November 5, 200S
future. All of the participating entities want the highest possible level of certainty that the MCE
will achieve the predicted outcome of greener and, eventually, rate-stabilized power is achieved
and anticipate and address all possible downsides in advance. Accordingly, the MCE plan has
received substantial scrutiny. It was the subject of an extensive Peer Review commissioned by
the County in 2007, which concluded that the plan is feasible and would produce the desired
outcome. PG&E criticized that review, arguing that the assumptions used were overly rosy.
In part to counteract the effect of these dueling critiques, the cities and towns considering MCE
independently commissioned a third peer review of the business plan. That review found that
MCE " ... creatively proposes a workable path to providing green power to those in Marin who
want it while offering rates comparability and predictability to those who need it." The reviewers
also raised issues and posed questions they believe should be answered before participating cities
making a binding commitment to MCE (a decision point that will present itself approximately
one year from now). The review recommended that the parties proceed to form the MCE Joint
Powers Authority at this time with the understanding that, if business plan projections do not
materialize as anticipated, it will be possible to withdraw from MCE without penalty during the
upcoming year (see Section 7.1.1.1 of the Agreement). ·
This last point is crucial to all participants, who need to know when and how participating
agencies, such as Tiburon, could elect to withdraw if they were dissatisfied with the prospects of
the enterprise. Up until such time as the MEA actually enters into agreements with energy
service providers any participating agency could withdraw from the JP A without penalty. This
arrangement is possible because the County has agreed to bear the costs incurred in the initial
process if MCE fails to materialize because of agency withdrawals. If MCE does move forward,
the County will eventually be reimbursed for these expenses through the rates charged to
program customers. This affords participating cities and towns the benefit of actually seeing
what the private sector (including possibly PG&E) has to offer in the way of contracts and if they
fit within the parameters set forth in the business plan prior to a commitment to participate in the
MEA.
It is important to note that, as structured in the JP A, participating agencies would not have their
municipal funds at risk in the enterprise. Marin Energy Authority would be a completely
separate legal entity that would succeed or fail without recourse to any of its member cities'
coffers. Its funding would come through its ability to issue debt and to set rates for its
customers.
AB 32 Mandates
AB 32 requires local governments to limit greenhouse gas (GHG) emissions from government
operations and potentially for some sectors in the community as well. An overall reduction of
approximately 30% may be needed to meet the state mandate. Countywide, this is equivalent to a
reduction of 955,500 tons of C02. In addition, a cap and trade program may be in place for local
governments so that those who are not reducing GHG emissions enough will be able to buy
credits from those who are reducing more than required. Currently, the cost of offsetting carbon
on the Chicago Climate Exchange is $4 per ton.
To address the requirements of AB 32 the proposed lP A "Marin Energy Authority" would allow
participating cities and towns to pool resources and address carbon emissions countywide. This
TOWN OF TIBURON
PAGESOF6
T ov/n Council Meeting
November 5, 2008
JP A could take on a number of projects to reduce greenhouse gas (GHG) emissions. Potential
projects could range from implementing the Community Choice Aggregation program described
above to increasing energy efficiency or installing more renewable energy supply. Due to the
high impact in GHG reductions the first program likely to be launched by the Marin Energy
Authority JP A would be Community Choice Aggregation.
FINANCIAL IMPACT
There is no fiscal impact to Tiburon in adopting the ordinance to form MEA. The Marin County
Board of Supervisors has allocated funding to cover start-up costs for the MCE effort undertaken
by the MEA. These start-up costs would be reimbursed through program revenue if the MCE
program begins to serve customers. At this junction, we cannot predict what expenses might be
incurred if the MEA board elects to pursue additional programs to MCE, but the Town as a
member of the JP A would participate in those decisions.
RECOMMENDA TION
Staff recommends that the Town Council introduce on first reading the proposed ordinance to
form Marin Energy Authority. This recommendation is based upon the following:
1. the program has the potential to offer electric customers in Tiburon both greener power
and stabilized rates over time;
2. there is no financial risk to the town to participate at this stage as the Town can withdraw
without penalty if it is dissatisfied with the contracts proffered by the energy service
providers later in 2009; and
3. the independent review commissioned by the cities and towns raises important questions
which, if answered between now and the withdrawal decision date, will enhance the
likelihood that a prudent choice can be made that that time to proceed or withdraw from
the lP A.
Therefore, staff recommends that the Town Council:
1. Hear the staff report and brief remarks from the invited presenters and ask questions;
2. Open the public hearing, hear from interested members of the public;
3. Close the public hearing; and
4. By motion, read the ordinance by title only and pass first reading of the ordinance
approving the Agreement to form the Marin Energy Authority JP A by roll call vote.
Attachments:
1. Ordinance Approving Marin Energy Authority Joint Powers Agreement
Exhibit A: Marin Energy Authority Joint Powers Agreement
Exhibit B: Marin Clean Energy Business Plan
2. Review ofMCE proposal by MRW Associates
Prepared By: Peggy Curran, Town Manager
Ann Danforth, Town Attorney
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TOWN OF TIBURON
GE 6 OF 6
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
November 5, 2008
Agenda Item:
PII-) (4)
STAFF REPORT
To:
Mayor & Members of the Town Council
From:
Community Development Department
Subject:
Consideration of Amendments to Title IV, Chapter 13 (Building
Regulations) of the Tiburon Municipal Code to Prohibit or Reduce
Work Hours on Saturdays Pursuant to a Building Permit (Ordinance,
Introduction & irst Reading)
Reviewed by:
BACKGROUND
The issue of construction noise on Saturdays has been an increasing source of complaints from
Town residents in recent years. While the operation of heavy equipment is not permitted on
Saturdays, numerous instances of noisy work have been recounted by complainants, including but
not limited to use of tile and other power saws, paint compressors, jack-hammers, drills, and nail
guns. Staff was requested to explore options for addressing this growing construction noise
concern.
The general issue of community noise disturbances is also being reviewed by Town staff. That
issue is likely to be the subject of a separate report to the Town Council sometime in the coming
months. The most recent general review by the Town Council of community noise issues was in
2001. At that time, the Town Council expressed its preference for identifying and addressing,
through ordinances and enforcement, specific causes of noise, as opposed to creating a "blanket"
ordinance regulating noise of all kinds throughout the community (see Exhibit 2). The approach
recommended to address Saturday construction noise issues adheres to this philosophy.
ANAL YSIS
Existing Rules
Regulation of the days and hours that work may be performed pursuant to a building permit is
found in Chapter 13 of the Municipal Code (Building Regulations). Over the years, the Town of
Tiburon has periodically amended its "construction hours" regulations, most recently in 1987,
1991, and 2003. The general trend of these amendments has been to adjust work hours to reduce
noise impacts on neighbors during sensitive morning and week-end hours, and to limit the scope
of "exceptions" to the prescribed work hours. Current work hour regulations are as follows:
13-6 Hours of construction.
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(a) Generally, all work covered by a permit issued under this chapter shall be performed
only between the hours of seven a.m. to five p.m., Monday through Friday, and nine-thirty
a.m. to four p.m. on Saturday. Work shall not be performed on Sunday or on holidays
recognized by the Town of Tiburon. These holidays are New Year's Day, President's Day,
Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
(b) The arrival or departure of heavy equipment (such as graders and backhoes) and the
delivery of heavy construction material (such as lumber and concrete) to a work site shall
occur only between the hours stated in section 13-6A. Hours of operation, maintenance,
and servicing of heavy equipment shall be limited to eight a.m. to five p.m., Monday
through Friday. If already located on-site, heavy equipment may begin "warming up" at
seven-thirty a.m.
(c) Exceptions. The following exceptions shall apply:
(1) The limitations in sections 13-6A and 13-6B shall not apply in the following instances:
(A) When prior to the commencement of any work covered by a permit issued under this
chapter, the town manager grants written permission to perform work outside of the
prescribed hours;
(B) When work is necessary in an emergency situation to remedy or prevent damage to
persons or property.
Rules in Other Marin County Jurisdictions
Results of a survey of the allowed days and hours of weekend construction in other Marin County
communities are attached as Exhibit 3. The survey results show that there is a considerable
range of work and hours allowed on Saturdays. The cities of Ross and Belvedere prohibit all
work pursuant to a building permit on Saturdays. The city of Larkspur allows Saturday and
Sunday work from 9 AM to 5 PM. Other cities take a middle course, allowing "quiet work only"
or, similar to Tiburon, have more limited Saturday work hours.
Contractor Survey
The Building Division conducted a mail survey (Exhibit 4) of 46 builders/contractors who
regularly perform work in Tiburon, and received a response rate of 54% (25 responses). The
purpose of the survey was to ascertain the relative impact on builders/contractors should Saturday
work be prohibited in Tiburon. A summary of the survey results is attached as Exhibit 5, and a
more detailed analysis of the survey results is attached as Exhibit 6.
Overall, a substantial majority of survey respondents (71 %) indicated that prohibition of Saturday
work would have either "no impact" (14%) or "some impact on larger projects, but manageable"
(57%). However, there was a sizeable minority (29%) of respondents who indicated that the
Saturday prohibition would have a "significant impact on most projects, making completion
difficult within the [18-month] timeframe."
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CORRESPONDENCE
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The Town has received the following correspondence on this item:
~ Dan Weiss letter dated October 10, 2008 (Exhibit 7) opposing the proposal.
~ Marin Builders Association e-mail dated October 14,2008 (Exhibit 8) opposing the
proposal.
~ James Josephs & Co. letter dated October 13,2008 (Exhibit 9) supporting the proposal.
~ Dellie Woodring e-mail dated October 22, 2008 (Exhibit 10) supporting the proposal.
~ Marti Andrews e-mail dated October 24, 2008 (Exhibit 11) supporting the proposal.
~ Mary Ellen Wetlesen letter dated October 29,2008 (Exhibit 12).
A notice of the public hearing was published in The Ark newspaper and mailed on October 20th
to all Tiburon homeowner association representatives.
OPTIONS
While a complete prohibition on Saturday work pursuant to a building permit is the simplest,
clearest, and most easily enforced option to address the construction noise issue, it is not the only
option available. Other options could be as follows:
Option #1:
Further reduce Saturday work hours allowed by a building permit, which are
currently limited from 9:30 AM to 4:00 PM. For example, the town of San
Anselmo allows Saturday work only from Noon to 5 :00 PM.
Option #2:
Allow so-called "quiet work" on Saturdays. Tiburon had a provision of this nature
from 1991 until 2003, when it was deleted because the Police Department found it
difficult to enforce. That provision read as follows:
"[The normal work hour limitations] shall not apply when work covered by a
permit does not result in unreasonable noise or other impacts on surrounding
properties. Unreasonable noise produced outside of the [prescribed] days and
hours may be considered a disturbance of the peace subject to police
enforcement. "
Option #3:
Adopt a general noise provision in the Municipal Code (outside the Building
Regulations) that would mimic provisions of the Fairfax Municipal Code, which
state as follows:
"Operating or permitting the operation of any mechanically-powered saw, sander,
drill, grinder, lawn or garden tool or similar tool between 8:00 PM and 8:00 AM
or on weekends or holidays between the hours of 8:00 PM and 9:00 AM, so as to
create a noise disturbance across a residential or commercial real property line, is
prohibited."
Absent a total ban, the ability of the Police Department to enforce the Saturday work noise
provisions would be a key question to be resolved. Ideally, all Town's police field staff would
possess a short but comprehensive list of what activities would constitute a Municipal Code noise
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and/or construction work violation, such that evening and weekend complaints could be
effectively dealt with by the Police Department in the absence of other Town personnel.
ENVIRONMENTAL STATUS
This project is exempt from the requirements ofCEQA pursuant to Sections 15061(b)(3) and/or
15308 of the CEQA Guidelines.
ST AFF RECOMMENDATION
Following a public hearing, staff recommends that the Town Council:
1. Hold a public hearing and consider all testimony.
2. Consider the draft ordinance prohibiting Saturday construction and.make any desired changes.
Should the Council find itself prepared to take action, it should move to read by title only and
introduce the ordinance (Exhibit 1) amending Title IV, Chapter 13 (Building Regulations) of
the Tiburon Municipal Code by roll call vote.
EXHIBITS
1. Draft Ordinance
2. Excerpt of Minutes from October 3,2001 Town Council meeting
3. Survey of Allowed Weekend Construction Hours in Marin County
4. Contractor Survey
5. Summary of Contractor Survey Results
6. Detailed Analysis of Survey Results
7. Letter from Dan Weiss dated October 10,2008
8. Letter from James Josephs dated October 13, 2008
9. Marin Builders Association e-mail response to survey dated October 14, 2008
10. E-mail from Dellie Woodring dated October 22,2008
11. E-mail from Marti Andrews dated October 24, 2008
12. Letter from Mary Ellen Wetlesen dated October 29,2008
Prepared by: Scott Anderson, Director of Community Development ~
Dean Bloomquist, Building Official
Ann Heglin, Building Permit Clerk
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TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
November 5, 2008
Agenda Item:
III-). (15)
STAFF REPORT
To:
Mayor & Members of the Town Council
From:
Community Development Department
Subject:
Standardized Conditions of Approval on Tree Permits and
Encroachment Permits to Prohibit Work on Weekends and Holidays
Reviewed by:
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BACKGROUND
The Town has recently experienced an upsurge in complaints about noisy tree removal work
being conducted on weekends. The simplest approach to address such complaints is to prohibit
work pursuant to a tree permit on weekends by placing a condition of approval to that effect on
each permit. Staff believes that the same condition should apply to Encroachment Permits issued
by the Town Engineer, and should also prohibit work on holidays observed by the Town.
ANAL YSIS
Tree permit activity has increased many-fold over the years. For exarnple, in 2001 the Town
issued only 16 tree permits, while in 2006, 38 permits were issued and in 2007, 40 tree permits
were issued. Tree removal and/or trimming work can be extremely noisy because of the chain
saws, chippers, and other mechanical equipment used. Larger vehicles also are frequently used
during tree work.
Encroachment permit activity has also greatly increased in recent years, expanding from 36
permits issued in 2000 to 149 permits issued in 2007, and 138 permits issued thus far in 2008.
Traditional encroachment permit work authorizes a range of activities from vegetation removal to
street trenching and curb cut/driveway approach work to construction of car decks. Noisy
equipment and construction vehicles are frequently used during performance of the work.
The condition would make provisions for work performed in the event of an emergency as well
as work pre-authorized by the Town outside of normally prescribed hours. Such instances are
rare, but occur several times a year on average.
No amendments to the Tiburon Municipal Code would be necessary to authorize the added
condition of approval, which can be applied at the staff level. However, staff desires Town
Council affirmation of this approach to address the noise issues.
Town Council Meeting
Novemher 5, 2008
ENVIRONMENT AL STATUS
This action does not constitute a '''project'' under CEQA.
STAFF RECOMMENDATION
Following a public hearing, staff recommends that the Town Council:
Direct staff to place a standard condition of approval on Tree Permits and on
Encroachment Permits that would prohibit work pursuant to such permits being
performed on weekends and on holidays observed by the Town of Tiburon.
Prepared by: Scott Anderson, Director of Community Development
Tt1\\'~ OF TTRl TRt10J
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