HomeMy WebLinkAboutTC Agd Pkt 2003-11-19
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TOWN OF TIBURON
Town Council Chambers
1505 Tiburon Boulevard
Tiburon, CA94920
November 19, 2003
7:30 PM - Regular Meeting
ASSISTANCE FOR PEOPLE WITH DISABILITIES
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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.
AV AILABIILlTY 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/tiburon/org/government.
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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
individLials 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 inwritten correspondence delivered to the Town Council at, or prior to, the Public
Hearin!~(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.
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Agenda - Town Council Meeting
November 19, 2003
Page 2 of 4
AGENDA
CALL TO ORDER AND ROLL CALL
Councilmember Berger, Councilmember Gram, Councilmember Thompson, Vice Mayor Fredericks, Mayor Slavitz
ORAL COMMUNICATIONS
Persons wishing to address the Town Council on any subject not on the agenda may do so now.
Please note however, that the Town Council is not able to undertake extended discussion or action
tonight on items not on the agenda. Matters requiring action will be referred to the appropriate
Commission, Board, Committee or staff for consideration and/or placed on a future Town Council
meeting agenda. Please limit your comments to no more than 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 public, staff or Town Council that an item be transferred to the
Regular Agenda for separate discussion and consideration. Likewise, any item on the Regular
Agenda may be moved to the Consent Calendar. If you would like to speak on any of these items
on the Consent Calendar below, please do so now.
1. Approval of Town Council Minutes - November 5,2003
2. Recommendation by Director of Administrative Services - Accept Town Investment Summary for
September 2003
3. Recommendation by Director of Administrative Services - Reallocate General Fund Reserves for
Fiscal Year Ending June 30, 2003
4. Report by Director of Administrative Services - Results of Town Revenue Audits
5. Recommendation by Planning Manager - Accept Annual General Plan Status Report for FY 2002-
2003
6. Recommendation by Director of Public Works/Town Engineer - Authorize Budget Amendment
for Repairs to Path at Cypress Hollow Park
7. Recommendation by Director of Public Works/Town Engineer - Enhanced Regional Funding for
Local Streets
a) A Resolution of the Town Council of the Town of Tiburon
Supporting Enhanced Regional Funding for Maintenance
of Local Streets and Roads
8.
Recommendation by Director of Public Works/Town Engineer - Renewal of Engineering Design
Services Agreement (Harris & Associates)
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Agenda - Town Council Meeting
November 19, 2003
Page 3 of 4
9. Recommendation by Town Manager - Closure of Town Hall to the General Public on Friday,
January 2, 2004
10. Recommendation by Town Manager - Celebration of Town's 40th Anniversary of Incorporation and
$15,000 Budget Amendment
11. Recommendation by Chief of Police - Request by Chamber of Commerce for Special Event Permit
and Street Closure on December 6, 2003 (Festival of Trees)
12. Recommendation by Mayor - Recognition of Outgoing Bel Aire Principal Wanny Hersey
a) A Resolution of the Town Council of the Town of Tiburon
Recognizing Wanny Hersey for herSeven Years of Dedicated
Service as Principal of Bel Aire School
REGULAR AGENDA
13. Recommendation by Town Manager - Marin County Tourism Business Improvement District
14. Request by Mill Valley Refuse Service, Inc. - Revisit Single Stream Recycling Program
PUBLIC HEARING
15. Recommendation by Planning Manager - Appeal of Design Review Board Denial of a Site Plan
and Architectural Review application for Construction of an Addition to an Existing Single-Family
Dwelling, with aFloor Area Exception
Address:
Appellant:
AP Number:
81 Eastview
Jeff Kaiser
60-105-51
16. Recommendation by Town Manager - Animal Services Ordinance
Introduction and First Reading of Ordinance
a) An Ordinance of the Town Council of the Town of Tiburon
Repealing Chapter 20 (Animals and Fowl) of the Tiburon
Town Code and Adopting a New Chapter 20 (Animals) of
the Tiburon Town Code
COUNCIL COMMITTEE AND COMMISSION REPORTS
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Agenda -Town Council Meeting
November 19, 2003
Page 4 of 4
WRITTEN COMMUNICATIONS
Town Council Weekly Digest - November 7, 2003
Town Council Weekly Digest - November 14,2003
ADJOURNMENT
UPCOMING AGENDA ITEMS - Note: These items are tentative until thev apoear on the final aaenda.
Future Meetings
. .Adoption of Annual Town Council Appointments List - (December 3)
. Update Hourly Rate Schedule for Community Development Department - (December 3)
. Accept Town Audit Report for Fiscal Year Ending June 30, 2003 - (December 3)
. Animal Services Ordinance (Second Reading & Adoption) - (December 3)
. Animal Services Fee Schedule Resolution - (December 3)
. Accept as Complete 2003 Drainage Program - (December 3)
. Request by Parks & Open 'Space Commission for Budget Amendment forPlayground Fund Mailer-
(December 3)
. Interviews for Planning Commission Vacancy - (January 7,2004)
. Proposed Jet Ski Ordinance
. Proposed Erosion and Siltation Control Ordinance
. Proposed Drainage Impact Fee
. Revised Alarm Permit Fee Schedule
. Revised Road Impact Fee Schedule
. Raccoon Lane Undergrounding Utilities District
. Recommendation by Town Manager of Revenue Enhancement ICost Recovery Ideas
. Appeal of Planning Commission Decision to Deny an Application to Amend the Cypress Hollow
Precise Development Plan to amend a building envelope at 65 Monterey Drive; Applicant/Appellant
Eckhard Evers
UPCOMING MEETINGS & EVENTS
November 20,2003 - MCCMC (Ross)
November 27/28,2003 - Thanksgiving Holiday
December 3, 2003 - Regular Meeting; Election of MayorNice Mayor; seating of New Council
December 17, 2003 - Town Holiday Party
December 23, 2003 - January 1, 2004 - Town Hall Holiday Closure
January 7,2004 - Regular Town Council Meeting
January 2004 - Town CouncillStaff Retreat
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TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Slavitz called the regular meeting of the Tiburon Town Council to order at 7:30 p.m.
on Wednesday, November 5, 2003, in Town Council Chambers, 1505 Tiburon Boulevard,
Tiburon, California.
ROLL CALL
PRESENT:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
Fredericks, Gram, Slavitz
Berger, Thompson
PRESENT:
EX OFFICIO:
Town Manager McIntyre, Town Attorney Danforth,
Director of Community Development Anderson,
Director of Public Works/Town Engineer Echols,
Chief of Police Odetto, Director of Administrative
Services McVeigh, Administrative & Financial
Analyst Stott, Town Clerk Crane Iacopi
CLOSED SESSION
Conference with Legal Counsel
(Section 54956.9(a))
Howard Zack, Diane Zack v. MERA
MERA v; Town ofTiburon and Dean Bloomquist
Citizens for Open Process in Antenna Siting (COPAS) v. MERA
Conference with Legal Counsel- Anticipated Litigation
(Section 54956.9(b))
Significant Exposure to Litigation: One Case
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY
Mayor Slavitz said that direction was given to Staff in the above matters.
ORAL COMMUNICATIONS
None.
Town Council Minutes # 15-2003
November 5, 2003
Page 1
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CONSENT CALENDAR
Vice Mayor Fredericks asked that Item No.6 be removed for discussion.
1. Approval of Town Council Minutes - October 15 , 2003
2. Approval of Town Council Minutes - October 22, 2003
3. Recommendation by Mayor - Third Amendment to Town Manager's Employment
Agreement
4. Recommendation by Town Manager - Adopt recommendations of Joint Services
Authority Oversight Committee
a) . A Resolution of the Town Council of the Town ofTiburon
Affirming the Roles of the Marin County General Services
Joint Powers Agency and the Marin County
J oint Services Authority Oversight Committee
5. Recommendation by Town Manager - Chamber of Commerce Citizen of the Year
a)
A Resolution of the Town Council of the Town ofTiburon
Commending Chris Morrison upon his Selection by the
Tiburon Peninsula Chamber of Commerce as the
2003 Citizen of the Year
6. Recommendation by Planning Manager - Resolution Memorializing Partial Granting
of Appeal
a)
A Resolution of the Town Council of the Town of Tiburon
Memorializing the Partially Granting of an Appeal by St. Hilary
Catholic Church of the Denial of a Site Plan and Architectural
Review for Property located at 761 Hilary Drive
MOTION:
Moved:
Vote:
To adopt Consent Calendar Items 1 through 5, above.
Gram, seconded by Fredericks
AYES: Unanimous
ABSENT: Berger, Thompson
Town Council Minutes # 15-2003
November 5, 2003
Page 2
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Consent Calendar Item No.6 - Recommendation by Planning Manager - Resolution
Memorializing Partial Granting of Appeal.
a) A Resolution ofthe Town Council ofthe Town of Tiburon
Memorializing the Partially Granting of an Appealby St. Hilary
Catholic Church of the Denial of a Site Plan and Architectural
Review for Property located at 761 Hilary Drive
Vice Mayor Fredericks suggested that specific language be added to the resolution to indicated
that the drainage to adjacent properties be "freed up" by removal of the soil and restored to its
previous state.
Director of Community Development Anderson said that removal of the soil as previously
directed by Council would achieve this effect but noted that the additional language would
encourage this result.
Council concurred with the Vice Mayor's recommendation.
MOTION:
To amend the resolution (Item No.6) above to add the condition that the drainage
be restored to adjacent properties.
Fredericks, seconded by Gram
AYES: Unanimous
ABSENT: Berger, Thompson
Moved:
Vote:
REGULAR AGENDA
. Council reversed the order ofItems 7 and 8.
7. Recommendation by Director of Community Development - Applicationby
Belvedere- Tiburon Library Agency for Proposed Library Expansion
a) Authorize Town Manager to Sign Application Forms on behalf of the Town to
Enable the Library to Apply for Actions on Town-owned Property
b) Consider Request by Library for Waiver of Planning Processing Fees
Town Manager McIntyre said that the Library had requested the following: 1) that the Town
authorize his signature of its development application for a proposed expansion plan; and 2) that
the Town waive the planning fees associated with processing this application.
Mr. McIntyre said that historically the Town Council had directed him to be fiscally prudent;
therefore he had recommended against the fee waiver in the Staff report. However, he advised
Council to take public comment on this and the other issues.
Mayor Slavitz opened the public hearing.
Town Council Minutes # 15-2003 November 5, 2003
Page 3
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Deborah Mazzolini, Library Director, said that the Agency was taking the process "step by step"
and that it was still in the conceptual stages. However, she asked that the Council authorize the
Town Manager to sign the development application so that the process could continue.
Lynn Wellman Barr, Tiburon resident and Chair of the Library Agency Board, also urged the
Council to sign the application for the Library expansion. Ms. Barr said that she could not
imagine a project more worthy of a fee waiver under the Town's policy (Resolution No. 30-
2001). She said that there was no other community resource that served a greater number of
people.
Mary Falk, President of the Library Foundation, echoed the above sentiments. She said that the
Librarywas always full and was a resource to people of all ages in the community. She asked
that the Council waive the small amount of processing fees ($3800).
Mayor Slavitz closed the public hearing.
Councilmember Gram asked whether the "initial study" would be done in-house by the Town's
Planning Staff. Director of Community Development said that a draft study had already been
submitted by the Library's consultant which would be used as a basis for the one produced by
Town Staff.
. Councilmember Gram said that he would support a waiver of the planning processing fees.
Vice Mayor Fredericks concurred, and cited the Library Director's report of the scope and
increase in services provided by the Library since its opening in 1996. She also stated that this
was the kind of project that the Town's fee waiver resolution intended to facilitate and the she
would support it.
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Mayor Slavitz agreed and reiterated the value of the Library as a community asset. He also stated
that it was the Town, Manager's job to make the Council aware of costs associated with public
projects but that he felt that a fee waiver was appropriate in this case to "continue the spirit of the
Zelinsky family."
MOTION:
To authorize the Town Manager to sign the application for the Library expansion
plan and to waive the initial filing fees and deposits estimated to be in the amount
of$3,800.
Fredericks, seconded by Gram
AYES: Unanimous
ABSENT: Berger, Thompson
Moved:
Vote:
Town Council Minutes # 15-2003
November 5, 2003
Page 4
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Mr. McIntyre said that some members of the community continued to promote the idea of a
fountain in the downtown location and that the current project could be resuscitated with the
addition of a water element. On the other hand, McIntyre said that the Heritage & Arts
Commission had recommended that the original donors be given the option of getting their
money back while the process of moving forward and the project itself was being redefined and
reevaluated by CounciL .
Vice Mayor Fredericks recommended that a subcommittee ofthe Town Council be formed to
decide on a process before further action on the project or further fundraising took place. She
said this process would define: a) the criteria of the project; b) the scope ofthe outreach; and c)
who would have the final say on selection and how that decision would be reached.
Town Manager McIntyre said that another option would be to design the current project around
the money already raised ($60,000 of public funds and $20,000 from the Town).
Councilmember Gram suggested that a money-back offer be made to the donors but that it should
also be made clear that the Council was serious about a fountain project in that location. He said
that Council subcommittee idea was a good idea and volunteered to be on it. He also said that he
did not think anyone had studied working with the current "wedding cake" design of the current
location.
Council unanimously agreed to form a Council subcommittee consisting of Councilmembers
Berger and Gram to determine the process and criteria for a new piece of artwork with a water
element in that location. Council also directed Staff to send all donors a letter giving them an
option to get their money back or to leave it in the Town'.s fund for a reconfigured project.
PUBLIC HEARING
9. Recommendation by Plann~g Manager - Appeal of Design Review Board Denial of a
Site Plan and Architectural Review application for Construction of an Addition to an
Existing Single-Family Dwelling, with a Floor Area Exception - Request for
Continuance to November 19, 2003
Address: 81 Eastview
Appellant: Jeff Kaiser
AP Number: 60-105-51
Continuance granted.
Town Council Minutes # 15-2003
November 5, 2003
Page 5
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COUNCIL COMMITTEE AND COMMISSION REPORTS
None.
WRITTEN COMMUNICATIONS
Town Council Weekly Digest - October 17, 2003
Town Council Weekly Digest - October 24,2003
Town Council Weekly Digest - October 31, 2003
T own Manager McIntyre acknowledged Planning Manager Dan Watrous for the successful Tree
Ordinance seminar he had conducted at the request of the Mt. Tiburon Homeowners'
Association. -
Mayor Slavitz suggested that this would be a good thing for the Town to offer in the future.
The Town Manager also highlighted some future agenda items and a letter to the Southern Marin
Siting Committee to proceed with the processing of other sites (in lieu of the rejection by
Richardson Bay Sanitary District of that site for a MERA antenna).
Vice Mayor Fredericks thanked the Tiburon Police Department and in particular, Sgts. Hahn and
Wachowiak, for conducting a home safety seminar for the Lyford's Cove/Old Tiburon HOA.
ADJOURNMENT
There being no further business before the Tiburon Town Council, Mayor Slavitz adjourned the
meeting at 8:00 p.m. in honor and memory of the Marin County Firefighters battling the
Southern California Wildfires, sine die.
JEFF SLA VITZ, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Town Council Minutes # 15-2003
November 5, 2003
Page 6
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Town of Tiburon
STAFF REPORT
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AGENDA ITEM
TO:
Mayor and Members of the Town Council
FROM:
Heidi McVeigh, Director of Administrative Services
SUBJECT:
Monthly Investment Summary - September 2003
MEETING DATE: November 19, 2003
REVIEWED BY:
TOWN OF TIBURON
Institution/Agency
Investment
Amount
Interest Rate
Maturity
State of California Local Agency $8,796,479.29 1.635% Liquid
Investment
Fund (LAIF)
T otall nvested: $8,796,479.29
TIBURONREDEVELOPMENTAGENCY
I nstitution/ Agency
Investment
Amount
Interest Rate
Maturity
State of California Local Agency $917,191.16 1.635% Liquid
Investment
Fund (LAIF)
Bank of America Other . $0
Total Invested: $917,191.16
Notes to Table Information:
State of California Local Agency Investment Fund (LAIF): The interest rate
represents the effective yield for the month referenced above. The State of California
generally distributes investment data reports in the third week following the month
ended.
Acknowledgment: This summary report accurately reflects all pooled investments of
the Town of Tiburon and the Tiburon Redevelopment Agency, and is in conformity
with State laws and the Investment Policy adopted by the Town Council. The
investment program herein summarized provides sufficient cash flow liquidity to meet
next month's estimated expenditures.
Heidi McVeigh
cc: Town Treasurer
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Town of Tiburon
STAFF REPORT
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AGENDA ITEM
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TO:
Honorable Mayor and Members of the Town Council
FROM:
Heidi McVeigh, Director of Administrative Services
General Fund Transfers and Reallocations .~.
November 19,2003 REVIEWED BY:~
SUBJECT:
MEETING DATE:
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Annually, after the Town closes the previous year's financials, Staff reviews the General Fund
Reserve balances and makes recommendations to the Town Council regarding reallocation of
excess funds. These reallocations are based upon adopted guidelines and projected operating
and capital improvement program requirements. For the purpose of this report, Staff is
addressing only the General Fund Reserves.
The General Fund Reservesare comprised of three categories: (a) Reserved, (b) Unreserved
and Designated, and (c) Unreserved and Undesignated.
The Unreserved and Undesignated Reserve is the most significant to the Town as it represents
the surplus (deficit) each year based on the Town's General Fund Operations. Each year the
General Fund Operating Surplus feeds into the General Fund Undesignated Reserve. The
adopted policy of the Town Council is to maintain this reserve at an amount no less than twenty-
five percent (25%) of the current year's General Fund Operating Expenditures. Any excess
funds above the Town's stated policy may be reallocated among the Town's General Fund
Designated Reserves or other restricted funds.
The Town has established several General Fund Designated Reserves to provide funding for
important Town infrastructure and capital maintenance needs, along with providing funding for
future liability concerns. It is important to note that any, or all, of the Town's General Fund
Designated Reserves may be collapsed at any time and their funds transferred back to the
Town's General Fund Undesignated Reserve. The following are the Town's General Fund
Designated Reserves with a brief explanation and the Town's funding policy, if any:
FUND TITLE
Infrastructure &
Facilities
PURPOSE
To provide funding for the acquisition,
construction or improvement of public
ro e or facilities
To provide resources for traffic
circulation and signalization
im rovement roo ects
To provide funding for General Fund
operating department capital equipment
outla ex enditures
To provide resources for construction of
improvements to the storm drain
collection s stem
POLICY GUIDELINES
N/A
Traffic System
NJA
Capital Equipment
Replacement
Minimum balance of one
year's depreciation
allowance
NJA
Drainage
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Town of Tiburon
STAFF REPORT
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Storm Damage To provide funding for storm damage to N/A
street, drainage, parks and other
infrastructure
Employee Compensated To provide funding for employee Funding as fiscal
Leave compensated vacation and sick leave conditions permit, but not
costs less than 10% or annual
payroll, or 75% of actual
Iiabilitv.
Employee Housing To provide funding to assist employees N/A
Assistance with housing needs
Retirement Surplus To account for employer paid retirement Funding at actual, costs per
Assets contributions not remitted due to super- payroll
funded status
Self-Insurance Reserve To provide funding for theTown's self- The lesser of $200,000 or
insured general liability, workers' combined sum of
compensation and unemployment insurance premiums
insurance
New Public Works To provide resources for construction or N/A
Facility improving the current public works
facilities
Park Development To provide resources for the N/A
improvement or maintenance of parks
facilities, not accounted for in the
General Fund Operatina Budaet
Given that the Town's newest priority is the enhancement of technology, Staff is proposing to
create a new General Fund Designated Reserve entitled "Technology Fund" to provide future
funding for the acquisition and upgrade of the Town's technology systems. This fund shall be
funded as fiscal conditions and/or priorities permit. As the Town's Capital Equipment
Replacement Fund is currently over-funded by approximately $80,000, staff proposes to
reallocate that amount, plus an additional $70,000 in Undesignated Reserves to the Technology
Fund.
. Overview of General Fund Financial Resources
The closing financial statements for Fiscal Year 2002-03 show that the General Fund has a total
reserve balance of $5,900,280; of this amount the General Fund Undesignated Reserve is
$2,415,100, and combined resources of all other General Fund Designated Reserves are
$3,485,180. Based on the Council's adopted policy, the General Fund Undesignated Reserve
has excess funds in the amount of $1 ,085,000, which can be reallocated among the General
Fund Designated Reserves.
November 13, 2003
page 2 of 3
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Town of Tiburon
STAFF REPORT
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Overview of Planned Reallocations
Staff recommends that the $1,085,000 be allocated to the various Designated Reserve Funds as
outlined below:
Balance Planned Restated Projected
7/1/2003 Reallocation Balance 6/30/2004
UNALLOCATED RESERVE 2,415,100 -1,085,000 1,330,100 1,430,100
DESIGNATED . RESERVES
Infrastructure & Facilities 396,600 550,000 946,600 871,000
Reserve Traffic System 400,000 50,000 450,000 450,000
Capital Equipment/Replacement 230,380 -80,000 150,380 148,680
Drainage 516,650 200,000 716,650 350,000
Storm Damage 100,000 0 100,000 100,000
Employee Compensated Leave 220,200 40,000 260,200 231,100
. Employee Housing Assistance 400,000 0 400,000 400,000
Retirement Surplus Assets 233,700 0 233,700 443,700
Self-Insurance Reserve 185,000 25,000 210,000 210,000
New Public Works Facility 486,350 150,000 636,350 611,350
Park Development 316,300 0 316,300 316,300
Technology Fund 0 150.000 150.000 150.000
Sub-Total Designated 3,485,180 4,570,180 4,282,130
TOTAL RESERVES 5 900 280 5 900 280 5712230
Though the table above indicates a total reserve balance at the fiscal year ending June 30,2004
of $188,050 less than the beginning balance, the table does not reflect the expenditures adopted
in the Municipal Budget from the Designated Reserves in the amount of $536,500.
Following the reallocation of $1 ,085,000 from the General Fund Unallocated Reserve, the
restated balance would be $1,330,100, which is 27% of FY 2003-04 General Fund Operating
Expenditures, which is in compliance with the Town's adopted policy.
Recommendation
It is recommended that the Town Council authorize the General Fund reallocations as proposed
by Staff. The Town Council may, at any given time, review and reassess the status of the
Reserve Funds, and based upon changing priorities, implement a new plan for Reserve funding.
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November 13. 2003
page 3 of 3
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Town of Tiburon
STAFF REPORT
AGENDA ITEM S
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TO:
Mayor and Members of the Town Council
FROM:
Heidi McVeigh, Director of Administrative Services
Report on Revenue Enhancement Audits ~ . ..
November 19, 2003 REVIEWED BY:~
SUBJECT:
MEETING DATE:
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Last Spring, the Town Council authorized the Town Manager to enter into agreements to provide
audits of certain Town revenue sources. Specifically, audits were conducted on property taxes,
sales taxes, transient occupancy taxes and business license taxes. The business license audit
is still in progress, in which Council approved amnesty period which ended October 31st. Staff is
now presenting the results of each audit to the Council for their acknowledgement.
Property Tax Audit
The Town retained the revenue management firm HdL Companies to perform a property tax
audit to insure the Town was receiving all property taxes to which it is legally entitled. Using
Town and County databases for cross-reference purposes, this particular audit found no
discrepancies in what the Town has actually been receiving. The total cost of this audit was
$1,500.
Sales Tax Audit
HdL Companies also performed the sales tax audit for the Town. Using their property tax data
base and the California State Board of Equalization's database, they cross-referenced sales tax
revenues the Town has been receiving. This audit discovered that the fuel pumps at the R&S
Service station are actually located within the Town's limits. Previously, all sales tax revenues
from the gasoline sales have been remitted to the City of Belvedere. HdL has submitted the
necessary paperwork to the Board of Equalization to have this sales tax diverted to the Town
and to remit back adjustments. It is anticipated that this finding will generate approximately
$2,000 per year in additional sales tax revenue. The total cost of this audit shall be 15% of all
sales taxes recovered from the audit. It is estimated the Town will recover $5,000 in sales tax,
so the audit will cost approximately $750.
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Transient Occupancy Tax Audit
The Town retained the firm Tax Compliance Services (TCS) to conduct a Transient Occupancy
Tax Compliance Audit of the Water's Edge and Tiburon Lodge. TCS performed a physical audit
of each hotel's books. This audit discovered that the Tiburon Lodge was not correctly
accounting for certain revenues and the Town was able to collect $4,125 in back transient
occupancy taxes. TCS also provided the Town with a standardized form for each hotel to
calculate and remit their taxes in the future. The cost of this audit was $2,850.
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Town of Tiburon
STAFF REPORT
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Business License Audit
The Town retained the firm Municipal Analytics to perform a business license tax compliance
audit. The purpose of the audit was to determine those businesses operating in the Town
without the benefit of a business license or those businesses incorrectly reporting gross receipts
,for the purpose of paying their annual renewal fee. Part of this audit included an amnesty period
to obtain a license with the Town or correctly report gross receipts. Those businesses identified
as not being in compliance were sent a courtesy notice prior to the end of the amnesty period of
October 31 ,2003. To date, there have been 60 applications for new business licenses and 25
renewal compliance applications, for a total collection of $21 ,500. The next phase of the
business license tax audit has begun in which staff anticipates to wind up by the end of
November with minor activity. The cost of this audit was $5,000.
Financial Summary
When these four audits were undertaken, staff could not determine to what extent they would be
successful. The important facet of these audits was establishing future additional revenue
sources, in which all but the property tax audit achieved. As a recap the total cost of these
audits were slightly over $10,000, and the Town has received $25,625 in additional revenues,
not including the future additional sales tax receipts from the R&S Service station pumps.
Recommendation
It is recommended that the Town Council receive the results of the revenues tax audits for
property, sales, transient occupancy and business license taxes.
November 13, 2003
page 2 of 2
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Town of Tiburon
STAFF REPORT
AGENDA ITEM 5-
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TO:
MAYOR AND MEMBERS OF TOWN COUNCIL
FROM:
DANIEL M. WATROUS, PLANNING MANAGER
ANNUAL GENERAL PLAN STATUS REPORT FOR FY 200~03
NOVEMBER 19, 2003 REVIEWED BY:---e.-
SUBJECT:
MEETING DATE:
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SUMMARY
The Town of Tiburon has prepared an annual report on the status of the Tiburon General Plan.
On November 12,2002, the Planning Commission reviewed the draft annual report, and
directed Staff to forward the report to the Town Council and then to the State Department of
Housing & Community Development and the Governor's Office of Planning & Research.
BACKGROUND
Government Code Section 65400 requires that an annual report be prepared by the planning
agency of each town or city, which is then forwarded to the appropriate legislative body, on the
status of the General Plan and progress in its implementation. In Tiburon, the "planning
agency" is the Planning Commission.
The statute specifically requires a progress report on meeting the community's regional fair
share housing allocations. Furthermore, the statute requires that the annual report include a
description of "local efforts to remove governmental constraints to the maintenance,
, improvement, and development of housing." These topics are addressed on Page 2 of the
annual report.
State law also requires that the annual report be forwarded to the State Department of Housing
and Community Development (HCD) and to the Governor's Office of Planning & Research
(OPR) in Sacramento each year. Recently, the law changed to encourage annual reports on a
fiscal year basis as opposed to the more traditional calendar year basis.
RECOMMENDATION
It is recommended that the Town Council review the draft annual report, and direct Staff to
forward the report to the State Department of Housing & Community Development and the
Governor's Office of Planning & Research.
ATTACHMENTS
1. Draft annual report for Fiscal Year 2002-2003
h:\dwatrous\reports\TCGP2002-2003annual.report.doc
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Town of Tiburon
STAFF REPORT
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TOWN OF TIBURON
FISCAL YEAR 2002-2003
GENERAL PLAN STATUS AND IMPLEMENTATION REPORT
PREPARED BY TOWN OF TIBURON
PLANNING DIVISION
ENDORSED BY TOWN OF TIBURON PLANNING COMMISSION
ON I 2003
ADOPTED BY TIBURON TOWN COUNCIL
ON , 2003
FY 2002-2003 GENERAL PLAN STATUS AND IMPLEMENTATION REPORT
NOVEMBER 2003
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Town of Tiburon
STAFF REPORT
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INTRODUCTION
This report is intended to satisfy statutory requirements of Government Code Section 65400.
concerning the status and implementation of the Town of Tiburon General Plan. The following
is an element-by element summary of the General Plan status for Fiscal Year 2002-2003.
OVERALL GENERAL PLAN REVISION PROCESS
The Town is now in the midst of a comprehensive update of its 1989 Tiburon General Plan. The
first step in the update process, the Public Participation Program, is complete. Over 75 people
participated in three workshops and nearly 500 surveys were completed and returned, making
this part of the update a success. The Public Participation Report is available on the Town's
website and for review at Town Hall.
The General Plan Update is now in the Goal, Policy, and Program Refinement stage. This
stage consists of a series of meetings in which goal, policy, and program language will be
discussed by the Planning Commission and their conclusions reported to the Town Council.
Public comment is encouraged at these meetings. The subject of each meeting will be an
individual element of the General Plan. Review of the Housing, Downtown, and Land Use
Elements has been completed, with review of the Open Space & Conservation, Circulation,
Noise, Safety, and Parks & Recreation Elements to occur in 2004.
HOUSING ELEMENT
The updated Housing Element was completed in 2003. The Town has received a letter from the
State Department of Housing & Community Development (HCD) which found that the Element
satisfies the requirements of State law, and will be certified upon adoption; Adoption will occur
following the necessary CEQA review for the update of the General Plan as a whole. This
would mark the first State-:certified Housing Element for the Town of Tiburon. .
For FY 2002-03, a total of 26 new dwelling units were constructed in Tiburon, 16 attached and
ten detached. None of these units were below market rate units.
DOWNTOWN ELEMENT
The Town has completed its review of goal, policy, and program language for the new
Downtown Element. Previously contained within the Land Use Element, a draft of this new
element of the General Plan is now ready to be drafted as part of the Draft General Plan 2020.
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FY 2002-2003 GENERAL PLAN STATUS AND IMPLEMENTATION REPORT
NOVEMBER 2003
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Town of Tiburon
STAFF REPORT
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LAND USE ELEMENT
The Town has also completed its review of the goal, policy, and program language for the new
Land Use Element. The updated Land Use Element is also nowready to be drafted as part of
the Draft General Plan 2020.
OPEN SPACE & CONSERVATION ELEMENT
Work has begun on the update of this element, which was adopted in 1989. The Town Council
has requested amendments to this element be pursued during the current General Plan update,
including better definitions of certain terms, and incorporation of Resolution No. 2859
concerning secondary ridgelines. In addition, changes in state law will require that new subjects
be included in the Open Space & Conservation Element, such as addressing water supply.
CIRCULATION ELEMENT
The Circulation Element was adopted in 1994. An update ofthis Element will be undertaken in
as part of the current General Plan update. New traffic counts of all major intersections along
Tiburon Boulevard were conducted in June 2000. These counts, supplemented by follow-up
work, will become the basis for projected traffic conditions in the revised Circulation Element
and are being used for modeling Land Use Element changes created by Housing Element
redesignations.
The Town is pursuing safety and capacity improvements throughout the length of Tiburon
Boulevard from U.S. Highway 101 to Downtown Tiburon, These areas are all within Caltrans
jurisdiction and gaining the helpful cooperation of that Agency has been, and continues to be, a
challenge. The Town is currently evaluating the recommendations of a study focusi'ng on traffic
safety and circulation improvements around Tiburon's four (4) major school sites. ..
At the Tiburon Wye, the Southbound U. S. Highway 101 off-ramp to TiburonBoulev'ard and E.
Blythedale Avenue continues to show increased congestion, While outside of Tiburon's
jurisdiction, the Town collects fees from development projects to assist with the upgrade of this
facility. The Marin County Congestion Management Agency is leading the effort for a significant
improvement at the southbound off-ramp. A Project Study Report forthis improvement has been
prepared by Caltrans. Construction of such an improvement is several years away, at best.
However, the Town has accumulated approximately $217,000 in a dedicated account'for
improvements at the Tiburon Wye and the unincorporated areas along Tiburon Boulevard
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FY 2002-2003 GENERAL PLAN STATUS AND IMPLEMENTATION REPORT
NOVEMBER 2003
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Town of Tiburon
STAFF REPORT
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between Cecilia Way and U. S. Highway 101, and will coordinate expenditure of the funds with
Marin County as improvements are proposed in the future.
Review of the Circulation Element will follow the review of the Open Space & Conservation
Element.
SAFETY ELEMENT AND NOISE ELEMENT
Both of these elements were adopted in 1989. Review and update of these elements will be
performed as part of the current General Plan update.
PARKS & RECREATION ELEMENT
The Parks & Recreation Element was adopted in 1989 and amended in 1994. Review and
update of this element will be performed as part of the current General Plan update, with
assistance from the Parks & Open Space Commission. An increased emphasis on public park
facilities and improvements will be included in the element update.
CONCLUSION
The Town continues to successfully implement the goals and policies of its current General
Plan, many of which have already been fully implemented. Substantial progress has been
made in the current General Plan update process. Completion of the General Plan update,
pn:~paration of CEQA compliance materials and adoption of the updated Plan are scheduled to
occur before the end of 2004.
S :\kbryant\Staff Reports \PCGeneral Plan2002 -2003bannual. report. doc
5.
FY 2002-2003 GENERAL PLAN STATUS AND IMPLEMENTATION REPORT
NOVEMBER 2003
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Town of Tiburon
STAFF REPORT
AGENDA ITEM ~
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TO:
Mayor and Members of the Town Council
Pat EChols, Director of Public Works I Town Engineer t'ff-
FROM:
SUBJECT:
Authorize Budget Amendment from the Cypress Hollow Fi. .
Repairs to the Path at Cypress Hollow Park .
November 19, 2003 REVIEWED BY: ,1"
MEETING DATE:
.. ..... ... ............ ......
BACKGOUND
The Town's Public Works staff recently identified an urgent maintenance issue at Cypress
Hollow Park located at the comer of Rancho Drive and Cypress Hollow Drive. The path at the
park is eroding and is likely to experience further significant erosion during the upcoming winter
storm season if this maintenance is not performed. However, the 2003-2004 Municipal Budget
does not include any repairs beyond routine weekly maintenance at the Cypress Hollow Park.
The Cypress Hollow Landscaping and Lighting District was established when the Town annexed
the area for the purposes of continuing the operation and maintenance activities from the
County. There are currently 44 parcels which are taxed $378 per year to provide for the
maintenance and operation of the district for the purposes of maintaining the park and storm
maintenance. The Town collects $16,632 annually to provide this maintenance. In recent years,
the Town has been tracking staff hours spent at the park in an effort to recover the cost of
performing this maintenance. A majority of the annual assessment pays for the staff time spent
maintaining the park. There are sufficient funds in the fund account to pay for these needed
improvements.
Staff has secured cost proposals from two local contractors to provide the necessary repairs to
the path with W.K. McLellan Company producing the low bid of $3,575. If approved, staff would
like to perform the necessary repairs before the end of November.
RECOMMENDATION
It is recommended that the Town Council authorize a budget amendment from the Cypress
Hollow District Fund for $3,575 for the cost of repairing the path.
EXHIBITS
1. Quote from WK McLellan
2. Quote from Maggiora & Ghillotti
II"RDM ~ McLELLAN
FAX NO. :707-763-1038
Nov. 07 2003 07:45AM P1
QUOTATION
ELLAN CO.
e
GENERAL ENGINEERING CONTRACTOR LICENSE m0701
254 Sears Polm Road, Petaluma. CA 94954.!J540 · (415) 472-0228 · (707) 763-2407 · FAX (701) 763-1036
A1iN: MR. TONY IACOl'l
TO: TOWN or: TmURON. OOPT. OF loUoue WORkS
J IS' TllJURON DL VI),
TIBURON. CA. 94920
DA 11:: NOV 6. 200~
I.UCA'fION: CVI'IU~SS "ARK urr'ER !>AT'"
.lOll: ASPI'IAI.'" rAVING
M'fONrJ: 415/4.l~.7J9')
FAX: 41 S/ 789-92sr.
~
NO.
We will furnish equipment. moter OIs and Iobor necessary to complete the work IIsfad below.
Q,\.!OTATIONS SUBJECT 0 CHANGE OR CANCELLATION AFTER 30 DAYS
.. DESCRI':~ 'OJ" L~~-~~T1~~
TOTAL PRICE
EXCAVATE lOOS'nNG SUDGkAOP. AS NCliIlF.() TO rJ.OVIDE 2"THICIC PAVING. COMI'A(~T
SUDGRAOE AND OfT1HAUl. SPOILS. /1I1RNI5H AND I LACE 2" THICK ASPH^'. T I'A VINCI
ON PA'rHW A Y (690.0 s.r.) AND (,II L.F. or BANI> FOR '-'ED A!;\'HAt.T BERM.
1.0
I..S.
S 3.575.00
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NOtiCE
W9 ore not responsible for remOVt II of anv hazardous waste materIal uncovered on the <e.
UncIe"~ MocII.flic.' Uo.. Law (CRill. C;.... 0' eMI Pl'lC9du... Stc'I..... 110' .... .J. nny wnlraClor. eu_,OCll". "Dor.r. luppB.r or ol~Dr po....n "hO ....lp.1O I",pro\ltl your ptOll.nv nUl II not pola
!Of .... -" d. .uppS.., .... . "11II1 to .nrorce dOl'" agaItlsl your pro"""", "'I. n ..... 11\8'. .11.. " coull ........... '011I' ",_rty CI)Ul(l II.ll'ld DV . cour! ORlcor ond I.... p'-.III or lito 1m.1I1IIId to
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Total Price To Be Bated On AcIuaI Quantity Of Measur.menll Unless IndlCOfed H.... .
$
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INCLUDES
EXCLUDES
I'FRMITS. FEES
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y.... Ilgllllu... tlfI one ."PV mlu,nnd la ". will mnh. ,hi. " '''1101 conlracllOr III. P."OtIl\. neo 01
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\CCEPTED:
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SIGNED IY
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Contracllng Party
PLEASE RETAIN WI liTE COPY. SIGN AND RETURN PINK COpy
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ENGINEfRlNG CONTRACrORS
MARIN COUNTY
CALIf. UC.1220707
555 PU80IS STRffT
SAN RAfAEL, c.4 949014..
Town Of Tiburon
Attention: Tony laoopi
1505 Tiburon Blvd,
Tiburon. CA 94920
..(~alA~C~
.tr , lie. ~o~
PHON' (4':5) 45f 'HO
E$rIMATlNG FAX (475)45N06'
GfHfUI. FAX (4''5) 45f...,
November 3. 2003
Reference:
Pathway At City Park On Cypress 'Hollow Dr., At Rancho Dr.
SCOPE OF WORK
.
I. Oradc existing gravel pathway down approx. 2" to accept new Vz" asphalt. Area approx.
123'10118 (641 SF).
2. Load and oft'.bau1 excavation spoils.
3. Instal, approx. 7 Lf of810t drain across start ofncw asphalt pathway. Counc:c;t new slot
drain into existing area drain in landscape area.
4. Place appro"-. 2" of Va" asphalt over pathway aubgrade. Area appIOK. 648 SF.
LUMP SUM PRICE
$1,.02.00
Price good for . ~-days.
EstIPlio...: Any and all costs associated with overooexcavation and backfilling for soft or
. yielding soil, OIO&1on control, fees, deposits, pemJits, licenses, inspccti.ons, CDliDocrin8. SW'VC)',
testing, layout, soUs engineering. moving or adjusting utilities, topsoil or laodscapiDg, tree CIR,
.-sting, bonds, handling and/or disposal of any hazardous material that may be encountered,
leach field work. retentions, water proofing, shoring of slopes or excavations and items not
specifically IOCDtiODCd. '
Not Included: TrimmiDg trees, cleaning existing area drain box It pipe.
Mlk~
Projects Manager
Accepted By:
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mYL-TT3r."':r'> '. .T 2
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. Town of TiburoIi
STAFF REPORT
AGENDA ITEM L
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TO:
Mayor and Members of the Town Council
Pat Echols, Director of PublicWorks/Town Enginee~
FROM:
Adoption of Resolution. Supporting Enhan ced_ion al
Funding For Maintenance of Local Roads
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MEETING DATE: November 19,2003 REVIEWED BY:
. . " . . . . . . . " " " " . " " . . " " " " " " " . . . . . . " " . " " " " ." " .
SUBJECT:
BACKGROUND & DISCUSSION
.
Regional transportation funds programmed and distributed through the Metropolitan
Transportation Commission (MTC) allow local agencies like the Town of Tiburon to
supplement limited local funds and perform much needed maintenance and rehabilitation
work on eligible portions of the local streets and roads system. In 2001 the MTC long range
plan had allocated less than 5% of the available future regional transportation system funding
slated for maintenance and rehabilitation to local streets and roads. As a result, ear1ier this
year a committee called the "Local Streets and Roads Committee" was formed, comprised of
a cross-section . of City and County public works professionals from throughout the nine-
county Bay Area. The Committee has been working cooperatively with MTC staff to make
sure that decisions made by MTC are based on accurate information regarding local streets
and roads needs and available resources to meet those needs.
The. Committee has requested that local agency staff present the attached resolution
supporting enhanced regional funding for maintenance of local roads for adoption by their
goveming boards. Within the next few' months, the MTC will once again be discussing the
allocation of regional transportation funds including funds to be assigned to system
maintenance and rehabilitation. Accordingly, staff is requesting the Town Council's support
for a balanced apportionment of these funds so that local road maintenance receives a fair
share of whatever regional funding may become available. If the current apportionment (as
approved by MTC in 2001) remains unchanged, the funds allocated for maintenance of local
streets and roads will remain at less than 5% of available regional funding.
A recent evaluation by MTC of relative streets and roads maintenance funding needs found
that Cities and Counties have insufficient projected revenues to address the projected need.
The revenue shortfall for the entire MTC area over the next 25 years is $7.6 billion. While the
solution to this problem doesn't rest exclusively with MTC and will require not only regional
funding, but increased local funding coupled with . ere,ative solutions that will raise new
revenues, there is an immediate critical need to bring this issue to the MTC's attention.
RECOMMENDATION
It is recommended that the Town Council adopt the attached resolution supporting enhanced
regional funding for maintenance of local roads.
EXHIBIT
.A.
Resolution
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November 13, 2003
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RESOLUTION NO.
A RESOLUTON OF, THE TOWN COUNCIL OF THE TOWN OF TIBURON
SUPPORTING ENHANCED REGIONAL FUNDING
. FOR MAINTENANCE OF LOCAL STREETS AND ROADS
WHEREAS, the Nine-County San Francisco Bay Area economy relies heavily on
the availability of a well-maintained regional transportation system; and
WHEREAS, well-maintained local streets and roads are important to the region's
economic health and to the quality of life for the residents; and
WHEREAS, well-maintained arterial and collector streets are vital to all modes of
transportation including the private automobile, goods movements, emergency vehicles,
transit, bicycles and pedestrians within the region; and
WHEREAS, funding for regional transportation system maintenance and
rehabilitation is limited; and
WHEREAS, preserving and protecting the public's investment in the existing
local streets and roads-must remain a priority for transportation investment; and
WHEREAS, regular and timely street maintenance reduces long-term
rehabilitation costs and minimizes the need to reconstruct streets; and
WHEREAS, when local streets' and roads are not well-maintained, the cost of
repair can increase dramatically; and
WHEREAS, the value of the existing local streets and roads far exceeds local
governments' capacity to replace them within any reasonable time frame.
NOW, THEREFORE, BE IT RESOLVED that:
1. The Town Council of the Town of Tiburon supports the allocation of an
enhanced levetof regional transportation funds to maintain and
rehabilitate local streets. and roads including streets riot currently on
the Metropolitan Transportation System (MTS).
2. Maintaining local streets and roads should be a high priority for the
allocation of regional maintenance funds
3. Regional funding priorities for local streets and roads should be based
on the local jurisdictions' determination of maintenance and
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4.
rehabilitation needs supported by a systematic pavement condition
evaluation program.
The Town Council supports a balanced and equitable approach to
funding local streets and roads maintenance needs.
,
PASSED AND ADOPTED at the regular meeting of the Town Council of the Town of
Tiburon on , 2003 by the following vote:
AYES:
NOES: .
ABSENT:
ATTEST:
JEFF SLAVITZ, MAYOR
Town of Tiburon
DIANE CRANE IACOPI, TOWN CLERK
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Town of Tiburon
STAFF REPORT
AGENDA ITEM
L
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TO:
Mayor and Members of the Town Council
FROM:
Pat Echols, Director of Public Worksl Town Engineer
SUBJECT, Renewal of Engineering Design Services Agree~.
MEETING DA TE:November 19, 2003 REVIEWED BY: ~
~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
BACKGROUND AND DISCUSSION
In May 2002, the Town Council authorized the Town Manager to contract with
consulting firm of Harris & Associates to provide Deputy Town Engineer and
engineering design/construction services for the Town. The agreement has expired
and requires reauthorization by the Town Council. Under the terms of the attached
agreement (Exhibit A), Harris will continue to provide Deputy Town Engineer
services at a 10% hourly discount rate and engineering design services with a 5%
discount on all other employee's hourly rates (Exhibit 2 of the Agreement).
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Harris & Associates will provide services for the specific tasks outlined in Exhibit 1 of
the Agreement at an estimated total cost of $164,000. Most of these tasks are
capital' projects earmarked in the current Town budget. Any additional tasks in
excess of $10,000 that are identified during the duration of the fiscal year will require
Town Council approval. Each subsequent fiscal year, Harris will submit cost
estimates for their services as part of the Town Capital Improvement Program
budget approval process.
RECOMMENDATION
Staff recommends that the Town Council authorize the Town Manager to execute the
engineering services agreement with Harris & Associates.
EXHIBIT
A. Agreement between the Town of Tiburon and Harris & Associates for the
provision of engineering services.
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November 11, 2003
1 of 1
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R'YT-T'fHT.'T' ~'FfA A
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AGREEMENT BETWEEN THE TOWN OF
TIBURON AND HARRIS & ASSOCIATES~ FOR
THE PROVISION OF ENGINEERING SERVICES
THIS AGREEMENT, made and entered this _ day of November, 2003, by and between the
TOWN OF TIBURON, a political subdivision of the State of California, hereinafter called
"Town," and Harris & Associates, hereinafter referred to as "Engineer,ll
A.
RECITALS
The Town occasionally requires civil engineering and land surveying services that cannot
be provided by the Town's in-house staff and therefore wishes to engage a qualified
independent contractor to provide such services on an as-needed basis.
B.
Engineer has the skill, experience, ability, background, certification and knowledge to
provide the Town with civil engineering and land surveying services.
c.
The parties wish to contract for the Engineer to provide civil engineering and land
surveying services to the Town as provided herein.
AGREEMENT
1.
Scope of Engineer Services. Engineer shall provide civil engineering and land surveying
services to the Town as directed by the Town Manager or his Designee (''Services'').
Such Services shall include, without limitation, acting as the Deputy Town Engineer as
requested by the Town Manager or his Designee. The Town Manager or the Town
Engineer may authorize Engineer to perform those tasks listed in Exhibit 1. With respect
to tasks not listed on Exhibit 1, the Town Manager may authorize any additional task
expected to cost $10,000 (ten thousand dollars) or less, provided that such authorization
must be in writing. The Town Council must approve any task: assigned to Engineer that
is not listed on Exhibit 1 that is expected to cost more than $10,000. In the event that the
Town Manager determines that expenditures under this Agreement will exceed $200,000
during any fiscal year, the Town Manager will seek direction from the Council as to
whether to continue assigning tasks to Engineer under this Agreement.
2.
Compensation. Engineer's compensation for the Services shall be as set forth in Exhibit
2. The rates set forth in Exhibit 2 shall take effect as of November 20, 2003 and remain in
effect unless periodic adjustments are agreed to by both parties. Notwithstanding the
foregoing, certain Engineering Services provided by the Town are for the benefit of
private property owners and are normally compensated by the owner of the private
property that is the subject of said Services ("Private Property Services"). Before
providing Private Property Services, the Engineer shall enter into an agreement with the
private property owner that shall provide for the Engineer's compensation by said owner.
The Town shall not compensate the Engineer for Private Property Services.
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3.
Engineer as Independent Contractor. Engineer (including its agents and employees) is
not an agent or employee of the Town. Engineer is an independent contractor not subject
to the direction and control of the Town. Without limiting the foregoing, Engineer_shall
maintain complete control of its operations and personnel and shall be solely liable and
responsible to pay all required salaries, wages, expenses, taxes and other obligations,
including, but not limited to, withholding and Social Security.
4.
Standard of Work: Indemnity. Engineer shall perform the services in a skillful and
professional manner compatible with the usual, customary standard of Engineer's
profession. Engineer shall indemnify, defend and hold Town harmless from and against
claims, liabilities, suits, loss, cost, expense and damages (collectively, "Claims and
Losses") to the extent that such Claims and Losses arise from Engineer's negligent act or
omission or willful misconduct in performing the Services pursuant to this Agreement.
In the event that other parties are found to share responsibility for the Claims and Losses
due to their negligent act or omission or willful misconduct, Engineer's liability under
this paragraph shall not exceed its proportionate share' of responsibility for the Claims
and Losses relative to such other parties.
Notwithstanding the foregoing, in providing services under this Agreement as Deputy
Town Engineer, the Engineer shall be acting as a Town Official. Therefore, with respect
to claims that may be asserted by third parties arising from the Engineer's actions as
Deputy Town Engineer, the Engineer shall be entitled to assert any immunities or similar
defenses that would be available to the Town in defense of such actions against a Town
official.
5.
Audit of Books and Records. Town may, in its sole discretion, undertake an independent
audit and/or evaluation of the Engineer's records and accounts of expenditures and
activities of Engineer's performance under this Agreement at Town's own expense. All
such records shall be maintained for period of at least three years after the termination of
this Agreement. Engineer shall furnish all items necessary in the Town's discretion to
complete said audit and/or evaluation subject to restrictions on confidentiality limited to
expenditure or receipt of program funds, and program quality.
6.
Insurance. Engineer shall maintain insurance as set forth below.
A. Comprehensive General Liability: Combined single limit of$l,OOO,OOO for each
single occurrence for bodily injury, personal injury and property damages;
umbrella policy raising the limit to $2,000,000.
B. Comprehensive Automobile Liability: Combined single limit of $1,000,000 for
each single occurrence for bodily injury and property damages; umbrella policy
raising the limit to $2,000,000.
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C.
Engineers Professional Liability: Combined single limit of $250,000 for each
single occurrence for protection against claims alleging negligent acts, errors and
OffilSSlOns.
D. Workers' Compensation Coverage: As required by the laws of the State of
California.
E. The insurance required under paragraphs A and B, above, shall be endorsed with
language covering the Town, its officials, officers, employees, agents and
volunteers. Such coverage shall be primary insurance to the Town, its officials,
officers, employees, agents and volunteers and shall act as though a separate
policy had been written for each. Any failure to comply with the reporting
requirements of the policies shall not affect coverage provided to the Town, its
officials, officers, employees, agents and volunteers.
F. . The insurance required by this Paragraph shall not be suspended, voided, canceled
or reduced in coverage or in limits except after the Town has received thirty days
written notice.
G. Evidence of compliance with the insurance and endorsement requirements of this
Paragraph shall be subject to the approval of the Town Attorney.
7.
Ownership of Documents; Re-Use; Indemnity. All plans, studies, documents and other
writings prepared for and by Engineer, his officers, employees and agents and
subcontractors in the course of performing the Services shall be the property of Town
and Town shall have the sole right to use such materials in its discretion without further
compensation to Engineer or to any other party. Engineer shall, upon request, provide
- such materials to Town.
Town acknowledges that such documents prepared pursuant to this Agreement are
intended for use only in connection with particular projects. Engineer makes no
representation that said doctlments are suitable for re-use on any other project or on any
expansion of the original project. Any such re-use by Town without specific written
approval by Engineer shall be at Town's sole risk. Town shall indemnify and hold
Engineer harmless from all claims, losses, damages and expenses, including attorneys
fees, that may arise from Town's unauthorized re-use of said documents for another
project or for any expansion ofthe Project.
8. Interest of Engineer. Engineer covenants and represents that he does not have any
economic interest and shall not acquire any economic interest, direct or indirect, in the
area covered by this Agreement that would be affected in any manner or degree by the
performance of the Services. Engineer further covenants. and represents that in the
performance of its duties, no person having any such interest shall perform any services
under this Agreement. Engineer will comply with the Town's Conflict oflnterest code.
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9.
Licenses.. Engineer represents and warrants to Town that he has all licenses, permits,
qualifications, insurance and approvals of whatsoever nature that are legally required of
Engineer to practice his. profession. Engineer represents and warrants to Town that he
shall, at his sole cost and expense, keep in effect or obtain at all times during the term of
this Agreement, any licenses, permits, insurance and approvals that are legally required
of Engineer to practice his profession.
10. Contract Term: Termination of Contract. This Agreement may be terminated. pursuant to
this Section or Section 11, unless otherwise agreed by the parties. Town may terminate
this Agreement immediately for cause. Either party may terminate this Agreement
without cause upon 10 days written notice of termination to the other party. In event of
termination, Engineer shall deliver to the Town copies of all finished and unfinished
surveys, studies, documents, computer disks, and/or reports pertaining to the Services.
Engineer shall be entitled to receive just and equitable compensation for any satisfactory
work completed as determined by the Town.
11.
Stop Work Order. Town may at any time, by written notice to Engineer ("Stop Work
Order"), require Engineer to stop or suspend performance of the Services, in whole or in
part, for a period of up to ninety days after such notice is delivered to Engineer. Upon
receipt of the Stop Work Order, Engineer shall immediately comply therewith and take
all reasonable steps to minimize the incurrence of costs allocable to the Services covered
by the Stop Work Order during the period of work stoppage. Within ninety days of the
delivery of the Stop Work Order, or such later time as may be agreed to by the parties,
Town shall either (a) cancel the Stop Work Order; (b) cancel those the authorization for
those Services covered by the .Stop Work Order; or (c) terminate this Agreement as
provided in Paragraph 10. Engineer shall resume work upon the cancellation of the Stop
Work Order. To the extent that the Stop Work Order results in a documentable increase
in the cost of performing the Services or the time required for such performance,
Engineer shall receive an equitable adjustment in compensation.
12. Discrimination. In the performance of the terms of this Agreement, Engineer shall not
engage in nor permit others he may employ to engage in discrimination in the
employment of such persons based on race, color, religion, sex, sexual preference, age, or
handicapped conditions.
13. Mediation. The parties will make a good faith attempt to resolve any disputes arising
from this Agreement through mediation prior to initiating litigation. The parties shall
mutually agree upon a mediator and shall share the costs of mediation equally, If the
parties are unable to agree upon a mediator, the dispute shall be submitted to
JAMSIENDISPUTE ("JAMS") or its successor in interest. JAMS shall provide the
parties with the names of five qualified mediators. Each party shall have the option to
strike two of the five mediators selected by JAMS and the mediator thereafter remaining
shall hear the dispute.
14. Miscellaneous.
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A.
Governing Law. The laws of the State of California shall govern this Agreement.
B.
Severability. If any provision of this Agreement is found to be invalid or
unenforceable, the validity and enforceability of the remaining portions shall not
be affected unless the effect thereof would materially change the economic
burden on either party.
C. Successors in Interest; Assignment. This Agreement shall be binding on the
assigns and successors in interest to both parties. Neither party may assign their
obligations under this Agreement without the written consent of the other party.
D. Entire Agreement; Amendment. This Agreement ,represents the entire Agreement
between .the parties. This Agreement may only be amended in writing.
l~. ' This Agreement includes the following Exhibit, which are attached hereto and
incorporated herem by reference: ,
Exhibit 1
Exhibit 2
Authorized Tasks
Personnel Charges
IN WITNESS WHEREOF the parties hereto have caused their duly authorized representatives to
execute this Agreement the day and year above written.
HARRIS & ASSOCIATES
TOWN OF TIBURON
r By:
APPROVED AS TO FORM:
ANN R DANFORTH
Town Attorney
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Exhibit 1
2003-04 Engineering Services Tasks
Budget Estimate
1. 2003/04 Street Rehabilitation Program
(Resurfacing and Slurry)
$80,000
. Develop work scope, plans and specifications
. Perform field investigation
. Prepare plans, specifications and cost estimates
. Assist during bidding and contract award
. Perform construction inspection
2. 2003/04 Traffic Safety Program
$5,000
. Develop work scope, plans and specifications
. Perform field investigation
. Prepare plans, specifications and cost estimates
. Assist during bidding and contract award
. Perform construction inspection
3. 2003/04 Drainage Improvement Program
$25,000
. Develop work scope, plans and specifications
. Perform field investigation
. Prepare plans, specifications and cost estimates
. Assist during bidding and contract award
. Perform construction inspection
4. Perform Preliminary Assessment of the condition, costs $15,000
associated with acceptance of Paradise Drive from the County.
5. Prepare Conceptual Master Plan for the Corporation Yard $25,000
6. Deputy Town Engineering Services $14,000
Estimated Total Budget $164,000
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Exhibit 2
Harris & Associates
RANGE OF HOURLY RATES:
ALL EMPLOYEES
CONSTRUCTION I PROGRAM. MANAGEMENT
HOURLY RATE
Project Director
Project Managers
Construction Managers
Resident Engineers
Construction Engineers
Scheduling Engineers
Cost Engineers
Inspectors
Technicians
Administration
$170-240
125-180
100-170
100-170
70-140
100-130
100-130
60-11 0
60.100
50-80
ENGINEERING DESIGN AND
PUBLIC WORKS SERVICES GROUPS
HOURLY RATE
Project Directors
Project Managers
Project Engineers
Technical Support
Administration
$170-240
125-180
80-150
65-95
50-80
*Notes:
1. These individuals include professionals and support personnel who might work on Harris projects. Support
personnel include technicians and administrative staff.
2. Rates of individuals ate subject to adjustment due to promotions during the effective period of this
schedule.
3. Unless otherwise indicated in the agreement, hourly rates include most direct costs such as vehicle usage
and mileage, equipment usage (including computer and telephone), and printing and copying (except
large quantities such as construction documents for bidding purposes).
4. Billing rates for independent contractors and hourly employees are determined on a case-by-case basis.
5. The hourly rate for Deputy Town Engineer will be $150 per hour.
6. The Town of Tiburon will receive a 5% reduction in all hourly rates listed above.
Rev: 4 Nov 03
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Town of Tiburon
STAFF REPORT
9
AGENDA ITEM
TO:
Mayor and Mem~ers of the Town C~"/
Alex D. Mcintyre, Town Manager ~
Town Hall Closure to the Public - January 2,2004
FROM:
SUBJECT:
MEETING DATE:
November 19, 2003
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Last year, as a cost savings measure and a benefit enhancement to the staff, the Town Council
authorized the closure of Town Hall and Public Works services between the Christmas and New
Year holiday. Through the budget process again, the Town Council authorized the same closure
this year. As a reminder, Town Hall will be closed from Wednesday, December 24, 2003 through
Thursday, January 1, 2004. At this time, Friday, January 2, 2003 is scheduled to be a regular
work day.
This year, staff is taking advantage of the closure by scheduling a number of improvements to
the Town Hall facility during the closure as approved in the budget. These include repainting the
entire interior of the Town Hall, replacing the roof, refinishing the floors and installing blinds in
the Council Chambers, installing an opening to the copy room, and replacing the cement patch
at the front door. In order to adequately prepare for these activities, staff will be expected clear
out their individual work spaces/offices as well as the public spaces. While we don't anticipate
any problem in clearing the spaces, we anticipate significant effort to retum them to full
operations after the work is completed.
After the improvements are completed, it appears that all of this staff work can be completed in
one day. However, it appears unlikely that staff will be able to remain responsive to the public
and to return the Town Hall to operatin~ condition at the same time.
I am recommending that the Town Council authorize staff to close Town Hall to the public on
Friday, January 2, 2004 which will give staff sufficient time to return the work and public spaces
to full utilization for the following Monday. Disruption to the public will actually be limited since
Town Hall is normally closed at noon on Friday. That, combined with the fact that staff does not
expect much public contact since the New Years holiday feeds into the weekend. It is important
to note that Friday, January 2, 2004 would not be a staff holiday, only a day closed to the public.
We would immediately begin to incorporate this closure into our other advertisements
announcing the normal holiday closure.
Recommendation
It is recommended that the Town Council authorize the closure of Town Hall on Friday,
January 2, 2004.
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Town of Tiburon
STAFF REPORT
AGENDA ITEM ~
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TO:
Mayor and Members of the Town ~
Alex D. Mcintyre, Town Manager ~
Town's 40th Birthday Party - Budget Amendment
FROM:
SUBJECT:
MEETING DATE:
November 19, 2003
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
On June 23, 2004, the Town will celebrate its 40th anniversary of its incorporation. Earlier this
year, the Mayor had indicated a strong desire to hold more community wide events and
celebrations. Seizing the opportunity, members of the Tiburon Peninsula Foundation stepped
forward to assist in planning a community wide event similar to the Blackie's Bash event
coordinated by the Foundation several years ago. When it became clear that the event would be
a 40th Birthday celebration, the Foundation officially withdrew its support for the event, but the
members serving on this committee have committed to continue to help in the planning.
The Committee includes Larry Smith, Steve Sears, Mogens Bach, Jim Mitchell, BB Bernheim
Matt Odetto and Alex Mcintyre. Through several iterations and budgets, the Committee has
concluded that the best community wide event would be. an outdoor movie at McKegney Green
on Saturday, May 22, 2004. The evening theme will celebrate 1964 with a family movie from
that era (e.g., Mary Poppins, My Fair Lady, etc.), movie reels and news clips, as well as a
snapshot in time for the Tiburon Peninsula -- 1964. It will be a family style picnic event where
families and friends can meet on the lawn, enjoy a casual meal and celebrate the Town's
birthday. '
Clearly, plans need to be further clarified, however the tentative budget indicates a need for
approximately $15,000. This would included the cost for the movie set up and the films,
invitations and promotion, vendors for hotdogs, hamburgers, sodas, beer/wine, popcorn and
other movie food, set-up, security and administration/coordination. The Town Council has an
account in its budget for Special Events. Awards. Functions that would need to be increased to
offset these costs. There are sufficient funds in the General Fund Undesignated Reserves to
accommodate this request.
Recommendation
It is recommended that the Town Council authorize a budget amendment transferring from the
General Fund Undesignated Reserves to the Legislative section of the Administrative Services
budget.
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.. Town of Tiburon
STAFF REPORT
AGENDAITEM ~
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TO: MAYOR SLAVITZ AND MEMBERS OF THE ~OUNCIL
FROM: MATTHEW C. ODETTO, CHIEF OF POLl~-
SUBJECT: SPECIAL EVENT PERMIT, HOLIDAY FESTIVA~. RR~IS
MEETING DATE: NOVEMBER 19, 2003 REVIEWED BY: ~
. . . . . . . . . . . . . . . . . . . . . '. . . . . . . . . . . . . . . . . . . . . . . . .
BACKGROUND
The Town Clerk received a Special Event Permit request from the Tiburon Peninsula
Chamber of Commerce for the Holiday Festival of Trees. This event is scheduled to
take place on Saturday, December 6, 2003 from 3:00 PM to 5:00 PM. In previous years,
the event included a parade, however, due to budgetary restraints no parade is
scheduled for this year's festival.
.
The Chamber of Commerce has requested the use and closure of Lower Main Street for
the community to enjoy the festival in an orderly and safe manner.
ANALYSIS
The Police Department, Fire District, and Town Staff have met with members of the
Chamber of Commerce regarding the details of the event. Staff believes that the
closure of Lower Main St. is appropriate for this holiday celebration.
RECOMMENDATION
It is recommended that the Tiburon Town Council approve the closure of Lower Main
Street from 2:30 PM to 5:00 PM on the day of the festival, Saturday December 6, 2003.
A TT ACHMENT:
1. Special Event Permit request form and insurance.
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November 19. 2003
1 of 1
TOWN OF TIBURON
SPECIAL EVENT PERMIT
DATE OF EVENT: -I a~ b ':> .. . TlME.:(Sl3rtlo Fnir!h) ~ .
TYPEOFEVENT,_., lJoLl O~~ 1-6snVI:lL ()f l/lB6:5
Number of People anticipated: \ _ ---Lf) (") -;;z. $"0
LOCA11ON'~{lIbJ ~~Q1 ;.~Wf5~~11J UlLs6~
'. . cu ~f. a.... 30 - ~'ilt.> PIvt.
Na. me.. & M.d. ress. of.lndiY. ,id.U4.1 of spon.~g o~....'n_' ... . . .
~l~~~'l~~~l~/~~~: ~~m~~ ~~v~~M~1tct7
Home Phone:lf"'")-~(~c{7 . Work Phone: i:b~..... Z<;"c..,S3
. .... ~ ~
Fax Number: .' 4 ~ ~ "". \1'3 Y .
O.J,:;;iOI-".-U-'---~-Q'OVl' .L u. <roJ:VI-111 11-1L.. I VINll ~I I.L U...,-ro.Vll
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Please desctibe YOUR PLAN for the foUowing: (Attschseparate sh8f1tslf heoessatJ1)
PARKING: .
Street Blockage or Closure: \..{ (0 S
Will .Icohol be 8el'V8d? tJO
CLEAN-UP & RECYCUNG . A. recycling plan is REQUIRED BY TOWN OF "nBURON.
o (Con1act. Romt"l8y Fennell at <435--7357 fur' detalla.)
. FIRst AID:
'Do you ....clpate. us.lng sound amplification equipIMnt?
If to. plene de8crlbe:
YCli.lr Permit will be approved onlV aftBr receipt Of Qo.cumentatiOI'l showing that 1tie. Town or Tiburon has
bEtan added asan additional named insured to your insurance policy' for this event. This hQtmally requires
an endQrseme.m. A certificate showing only tha1. you have insurance Is not sufficient Special Event
Insurance can be purcl1ased through the Jt. Recreation Department at 435-4355 (ask for Dana Thor),
'. FiX or mal youroompleted form to TOWti HaJla!:4as..2438, 1505 Tiburi:ln Blvd. 94920. Thank you.
Otite: l O(:.).:~165 ',. Cbft4 Il;{ f,:,l5n. Oe
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Date~
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ACORD.. CERTIFICATE OF LIABILITY INSURANCE
PRODUCEI\ (4U)188-91l0 FAX (415)248-3534
ISU Insurance Services of San Francisco
icense # 0778092
01 California Street. S~e 200
San Francisco, CA 94111-5098
DATE IMMfODlYYYYl
10/16/2003
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURED
BELVEDERE-TIBURON CHAMBER OFCQMMERCE .
TIBURON PENINSULA CHAMBER OF COMMERCE
POBOX 563
BELVEDERE TIBURON, CA 94920
INSURERS AFFORDING COVERAGE
INSURER A: Hartford Casual t)' Ins CO
INSURER B:
INSURER C:
HAIC'
29424
INSURER 0;
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOve: FOR THE POLICY PERIOD INDICATED. NOTWlTHSTANDIN
ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR OO'L TYPE OF INSURANCE POLICY NUMBER PRH~Y EFFECTIVE POLICY ~PIRATlON UMITS
~NERALU~ILITY 57SBANE7514 04/01/2003 04/01/2004 EACI-l OCCURRENCE $ 1,OOO,00(]
X COMMERCIAL GeNE;~L LIABILlTX DAMAGE TO RENTED : 300;00
1 tU'IMSt.\ADE [[] occuR. MED EllP (Any ""_ ll6/ll0<\) $ 10,00
A pERSONAL &ADV INJURV $ 1;000,00
GENERAL AGGREGATE $ 2.000,000
GEN'L AGGRI;GA.TE LIMIT APPLIES PER, PROOUCTS'COMP~PAGG $ Z,OOO.OO(]
~nPRO' "Fl..'
.... POLICy JECT . LOC..
^UTOMOBILE U~BILITY COMBINED SINGl..ELIMIT
~....... .. (E~ 9Ccio~l) $
ANY AiJTO
--=' '. .,'
~ ALL OWNED AUTOS BODIL V INJURY S
..-.. SCHE[')ULI2CAUTOS (Pl!(pl!l'son)
HIRED AUTOS BODIL V INJURY
--- . ...... . $
,,-.....; NONOOWNED AUTOS (Pl!r aCClclenl)
....... PROPERTY DAlAAGE S
. (Peraccillenl) ..
;=r'- ~U10 ONLY. Ell A.CCIDENT . $
AI('( AUTO OTHER THAN E.A ACC $
I\\)TOONLV: AGG $
EKCESS/UMBA.Ei.L.A UABluTY EAC~ OCCURRENCE $
:J oCCVP: 0 CLAIMS MADE AGGREGATE s d.
5 ..
H DEDUCTIBLE s
'. . ..",,-
. .RETENTION S S
WQKKfIlS COMPENSATION AND I WC STATU. T .1OJ~'
EMPLOYERS' UAl!IUTY .. , .... -. .
ANY PROPRIETORlPARTNERlEXECUTIVE e,L. EACH I\CCIDENT s
OFFICERlMEU&ER EXCLUOED? E.L, DISEASE. EAEMPLOVEE S
II ye6, ~escrti>e under
. SPECIAL PROVISIONS belOW E.L. DISeASE . POLICY LJMIT S
OTHER
DESCRIPTION OF OPERATIONS ( L.OCATIONS I VEHICLES' EXCLUSIONS ADDED BY ENDORSI:MENT I SPECIAL PROVISIONS
~vid~nce ()f Insurancf! coverage for TIBURON PENINSUL.A CHAMBER OF COMMERCE and TOWN OF TIBURON
lu r@spects 1i ab11 i ty arising out of or resulting from the operations of Named Insured at
HOLIDAY FESTIVAL OF TREES on 12-06-2003.
~O Day Notice of Cancellation for non-payment of premium.
SHOULD ANY OF THE ABOW DESCRI!!l1!D POUCIES BE CANCELI.ED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIl.
..lL DAYS WIlITTEN NOTICE TO THI: CERTIFICATE I-lOLDER NAMED TO THE L.EFT,
!!lUT FAILURE TO !MIL. SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR UABILITY
.
TIBURON PENINSULA CHAMBER OF COMMERCE
TOWN OF TIBURON
Chris Koehler
POBox 563
Tiburon, CA 94920
OF ANT KIND Vt'ON THE INSUR!!!R, ITS AGl:NTS OIllIlll:r'Rl:OI!NT"''IVES.
AIInlORIZED REPRESENTATIVE
~~i~
Gustavo Ramirez GUSTAV
ACORD 25 (2001108)
@ACORDCORPORATION 1988
.
RESOLUTION NO. xx-2003
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
RECOGNIZING W ANNY HERSEY
FOR HER SEVEN YEARS OF DEDICATED SERVICE
AS PRINCIPAL OF BEL AIRE SCHOOL
71/~
WHEREAS, Wanny Hersey, a native of Canada, was recruited into the California
State school system 18 years ago and has been the principal of Bel Aire School for the past
seven years; and
WHEREAS, Mrs. Hersey, whose teaching and administrative experience spans
elementary, middle and high school levels, is a dynamic leader who is become known for
mentoring teachers and establishing innovative programs for students;
WHEREAS, under her direction, programs such as Character Development, Cyber
Squad, Web Page Design, Invention Convention, Science Fair, Odyssey ofthe Mind, and
Pals of the Planet Earth have garnered local, county and state recognitions for Bel Aire
students; and
WHEREAS, Wanny is not only known for her accomplishments but is well loved by
parents, teachers and students alike and will be sorely missed;
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of
Tiburon is pleased to recognize outgoing Bel Air~ Principal Wanny Hersey and wishes she,
her husband, and three children all the best in their move to Los Altos Hills and in all their
future endeavors.
PASSED and ADOPTED at a regular meeting of the Tiburon Town Council on
November 19, 2003, by the following vote:
AYES:
COUNCILMEMBERS:
JEFF SLA VITZ, MAYOR
ATTEST:
. Diane Crane Iacopi, Town Clerk
Diane Crane lacopi
From:
Sent:
To:
Subject:
Jayni AlIsep [allsep.planning@comcast.net]
Friday, November 14, 20034:32 PM
Diane Crane lacopi
blue bin
Please include the attached letter in TC packet.
~
EJ
tiburon blue bins,doc
Thanks,
Jayni Allsep
415.789.0736
415.789.0735 (fax)
TOWN COUNCIL
LA TEMAIL 117'
MEETING DATE II-! i-6~
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Town of Tiburon
STAFF REPORT
. AGENDA ITEM ~
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TO:
Mayor and Members of the Town ~,'., C.i1,I...
Alex D. Mcintyre, Town Manager "~
Marin County Tourism Business Improvement District
FROM:
SUBJECT:
MEETING DATE:
November 19, 2003
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
Once again, this matter is before the Town Council for consideration. At its October 15, 2003
meeting, the Town Council considered adopting the attached resolution (Exhibit A) affirming its
support for joining the Marin County Tourism Business Improvement District (BID). As
proposed, the BID would be funded by an extra 1% tax collected by the hotels for the purpose of
promoting off-peak and mid-week hotel business within the district boundaries within the County.
As of now, Sausalito and West Marin are not joining the BID. Based upon last year's occupancy,
in Tiburon, that tax would total approximately $35,000 per year.
At the October 15th meeting, the Tiburon Peninsula Chamber of Commerce requested that the
Town Council continue this item giving the Chamber more time to study the proposal. The
Chamber has sent the attached letter (Exhibit B) expressing their opposition to the Town joining
the BID. Previously, the Town had received a letter from the Tiburon Lodge (Exhibit C)
expressing their opposition to having the Town join the BID. It should be noted that the Tiburon
Lodge is the largest hotel in total number of rooms as well as in revenues collected to the Town.
While the law that governs the formation of the BID does not apply directly to Tiburon (since
Tiburon is not the agency forming the BID), Section 36525 of the California Streets and
Highways Code (Exhibit D) states:
If written protests are received from the owners of the businesses in the
proposed area which will pay 50% or more of the assessment proposed to be
levied and protests are not withdrawn so as to reduce the protests to less than
that 50%, no further proceedings to create the specified parking and business
improvement area or to levy the proposed assessment, as contained in the
resolution of intention, shall be taken for a period of one year from the date of the
finding of the majority protest by the city council.
As interpreted, if it was the Tiburon Town Council forming the District, then because of the letter
from the Tiburon Lodge, the Council would be prohibited from creating the District. Clearly,
Countywide, the Board of Supervisors has sufficient hotel support to avoid this section of the
law. However, in this case, the spirit of the law might be considered by the Tiburon Town
Council it is consideration.
Further, should the Town Council act to support the formation of the BID, the Town will not in
and of itself, be a member of the BID; only the hotels will. Therefore, should the Town argue in
the future that they want to withdraw, the Town's request would only be advisory and not binding
since the hotels themselves make up the District.
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Town of Tiburon
STAFF REPORT
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The Chamber's letter outlines a number of concerns of which the Tiburon Council should be
aware. These include the:
. lack of meaningful Town representation on the District Advisory Board;
. lack of a clear marketing or public relations plan;
. lack of understanding how the Town's hotels would benefit from the District;
. lack of a specific budget;
. lack of a clear mission; and
. belief that Tiburon's hotel market is largely driven by Southern Marin and San Francisco
markets.
Given the level of opposition to joining the BID by the Chamber of Commerce and the Tiburon
Lodge Hotel, it appears that the Town Council should reconsider its prior position on this matter.
Recommendation
It is recommended that the Town Council reconsider it position on joining the Marin County
Tourism Business Improvement District. Alternatively, should the Town Council desire to join the
BID, then the Council will need to adopt the attached Resolution (Exhibit A).
Attachments
Exhibit A - Draft Resolution in Support of Joining the Marin County Tourism BID
Exhibit B - Tiburon Peninsula Chamber of Commerce Letter of Opposition
Exhibit C - Tiburon Lodge Letter of Opposition
Exhibit 0 - California Streets and Highway Code
Page 2 of 2
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VV""~T3'P"P -..q{) A
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A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
SUPPORTING THE CREATION OF THE
MARIN COUNTY TOURISM
BUSINESS IMPROVEMENT DISTRICT
WHEREAS, the Town of Tiburon has received a request from the Board of
Supervisors of the County of Marin to consider supporting the formation of the
Marin County Tourism Business Improvement district (MCTBID); and
WHEREAS, lodging business owners in the Town of Tiburon are not
opposed to the formation of the MCTBID; and
WHEREAS, the Town council of the Town of Tiburon recognizes the
contribution of visitor industry to the overall financial health of the community;
and
WHEREAS, the purpose of the MCTBID will be to promote off-season and
mid-week overnight lodging in Marin County;
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the
Town of Tiburon does hereby express its support for the formation of the
MCTBID.
PASSED AND ADOPTED at a regular meeting of the Town Council on
this 15th day of October, 2003 by the following vote:
COUNCILMEMBERS:
AYES:
NA YES:
ABSENT:
ABSTAIN:
JEFF SLAVITZ, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
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REcenfED
NOV 1 2 2003
TOWN MANAGERS OFFICH
TOWN OF TIBl:.lReN
To: Honorable Mayor and members of the Tiburon Town Council
From: The Tiburon Peninsula Chamber of Commerce Board of Directors
Subject: Proposal for a Marin County Tourism Business Improvement District
and assessment on lodging establishments.
The Tiburon Peninsula Chamber Board of Directors has reviewed the
proposed resolution to establish a Marin County Tourism Improvement
District and the levy of an assessment on lodging establishments and, at this
time, we recommend that Tiburon, not join. Several reasons for our
recommendations are:
-It is unclear how Tiburon would gain from the increased levy and a
county wide promotional effort.
-Marin County is diverse and we feel Tiburon is more tied to the South
County and San Francisco than to Northern and Western Marin.
-After meeting with several of the organizers of the BID plan with the
expressed purpose to clarify that mission and how it might function it was clear
to us that the plan was not complete and left many questions unanswered.
-The BID plan is to be governed by a Board of Directors (12-15)
appointed by and from the hotel establishment. The number of Directors would
be proportional to the amount collected from each community. Tiburon would
have minimum representation (one hotelier) with little hope of much influence
on 81 D decisions about Tiburon.
-They do not have a written marketing or public relations plan.
-The budget they have developed is a pro-forma budget based on other
Bay Area CVB's, they have not put together a real budget based on the needs
of Marin.
TiburOil ?'~IlinSil13 r::l""ambe: ui::"ommerce · P.O. Box 563 · Tiburon, CA 94920 · 415-435-5633
e-;:naE -tibcc@ao1.com www.tiburonchamber.org
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Page two
-The organization's mission is to increase occupancy in Marin hotels.
.. Since Tiburon has a small amount of hotel rooms compared to the large cities
the benefit to Tiburon would be minimal. Tiburon would do much better
.' marketing to IIDay Visitors" from San Francisco who would arrive by ferry and
not impact traffic congestion or parking.
Tiburon Peninsula Chamber of Commerce
Board of Direaors
November 5, 2003
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415.435.3133
lOLL FREE
BOO-TIBURON
IN CA L1FORNIA
l:lUO-762-'7770
NA TlONWIOE
165lTIBURON BOULEVARD
T1BURON, CALlFURNIA 94920
F^X: 415-4:)5-2451
GROUP'SAL.ES FAX:
415-435.8226
WW'" .tibU1'\H\ lu\:lg.:.':vLlI
October 8. 2003 .
Alex D. Me Intyre
Town Manager
1505 Tiburon Blvd.
Tiburon, Ca. 94920
Dear Mr. Me Intyre:
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I am writing to protest the a!;sessment of an additional 1 % of our gross room rental revenue as
proposed by the Marin County TOurism Business Improvement District (MCTBID].
I am concerned Tiburon willllot receive our fair share of advertising, that the hotels along 101 will
reap the benefits. I know th~t was the Case with the Marin County Convention & Visitors Bureau.
Also, I understand Bil/Blackbum ,the General Manager of Corte Madera Inn, is on the Board of
Supervisors for the MCTBID, which in my opinion is a conflict of inter.?st.
Should this resolution pass, I am strongly in favor for our 1 % staying in Tiburon. The Chamber
needs to promote Tiburon a~: the GREAT DESTINA TJON it is. We ale The Bay Area's & Marin
County's best kept secret"
\
Sincerely, ,..' _
_.._..~
-=--C~~~~~
tran king /'-<-.----..--:~:~: ~
general mD~ager ~
Tiburon LOd9'e'-&~.~~~:~ce ':enter )
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Business-Bas~d BIDs
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Business License BID Law
CALIFORNIA STREETS AND HIGHWAYS CODE
(Through June 1, 1996)
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PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989
CHAPTER 1. GENERAL PROVISIONS
Article 1. Declarations .................................... 36500-36504
Article 2. Definitions .....................................36505-36513
Article 3. Prior Law............................................ 36515
CHAPTER 2. ESTABLISHMENT .................................... 36520-36529
CHAPTER 3. ASSESSMENTS ...................................... 36530-36537
CHAPTER 4. MODIFICATION OF BOUNDARlES, ASSESSMENTS,
IMPROVEMENTS, OR ACTIVITIES ...................... 36540-36542
CHAPTER 5. DISESTABLISHMENT .................................36550-36551
CALIFORNIA STREETS AND mGHW A YS CODE
36500. this part shall be known and may be cited as the "Parking and Business Improvemeflt Area Law
of 1989."
36501. (a) The Legislature finds and declares that businesses located and operating within the business
districts of this state's communities are economically disadvantaged, are underutilized, and are unable to
attract CUstomers due to inadequate facilities, services, and activities in the business districts. (b) The
Legislature also finds and declares that it is in the public interest to promote the economic revitalization
and physical maintenance of the business districts of its cities in order to create jobs, attract new
businesses, and prevent erosion of the business districts. (c) The Legislature also finds that it is of
particular local benefit to allow cities to fund property related improvements and activities through the
levy of assessments upon the businesses which benefit from those improvements and activities. (d) The
Legislature also finds and declares that tourism is a large and growing contributor to California's
economy, and that promotion of a city's or county's scenic, recreational, cultural, and other attractions as
a tourist destination is an important public purpose. (e) The Legislature also finds and declares that
assessments levied for the purpose of providing improvements and promoting activities which benefit
individual businesses may also benefit the property within the area directly or indirectly and that those
assessments are not taxes for the general benefit of a city, but are assessments for the improvements and
activities which confer special benefits upon the businesses for which the improvements and activities
are provided.
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36502. The purpose of this part is to recodify and supplant previously enacted provisions oflaw which
authorize cities to levy assessments on businesses within a parking and business improvement area and
to provide a uniform procedure to levy assessments for improvements and activities of businesses
located and operating in a business district of a city. This part does not affect or limit any other
provisions of law authorizing or providing for the furnishing of improvements or activities or the raising
of revenue for these purposes. In addition, this part is intended to provide a method for financing public
programs to attract tourist visits to areas where tourism is economically important and desired.
36503. Any provision of this part which conflicts with any other pmvision oflaw shall prevail over the
other provision oflaw.
36504. This part is intended to be construed liberally and, if any provision is held invalid, the remaining
provisions shall remain in full force and effect. If the provisiohS of this part respecting the levying of
assessments are held invalid in any area within which assessments have been levied pursuant to Chapter
3 (commencing with Section 36530), the assessments shall be reimposed in an identical amount and
upon the same businesses as a matter of law and no lapse in the levy of any assessment shall be deemed
to have occurred. Assessments levied under this part are not special taxes.
36505. "Advisory board" means the advisory board or commission appointed by the city council
pursuant to Section 36530.
36506; "Assessment" means a levy for the purpose of acquiring, constructing, installing, or maintaining
improvem~ts and promoting activities which will benefit the businesse.s located and operating within a
parking and business improvement area.
. 36507. "Business" means all types of businesses and includes financial institutions and professions.
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36508. "City" means a city, county, city and county, or an agency or entity created pursuant to Article 1
(commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the
public member agencies of which include only cities, counties, or a city and county.
36509. "City council" means the city council of a city or the board of supervisors of a county, or the
agency, commission, or board created pursuant to a joint powers agreement and which is a city within
the meaning of this part.
36510. "Improvement" means the acquisition, construction, installation, or maintenance of any tangible
property with an estimated useful life of five years or more including, but not limited to, the following:
(a) Parking facilities. (b) Benches. (c) Trash receptacles. (d) Street lighting. (e) Decorations. (f) Parks.
(g) Fountains.
36511. "Parking and business improvement area," or "area," means an area designated as provided in
this part.
36512. "Property" means real property situated within an area.
36513. "Activities" means, but is not limited to, all of the following: (a) Promotion of public events
which benefit businesses in the area and which take place on or in public places within the area. (b)
Furnishing of music in any public place in the area. (c) Promotion of tourism within the area. (d)
Activities which benefit businesses located and operating in the area.
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36515. Every improvement area established prior to January 1, 1990, pursuant to the Parking and
Business Improvement Area Law of 1979 (former Part 6 (commencing witl1 Section 36500) of this
division) is hereby declared valid and effective and is unaffected by the repeal of that law, but is subject
to Chapters 3 (comwencingwith Section 36530), 4 (commencing with Section 36540), and 5
(commencing with Section 36550) of this part rather than any provision of prior law.
36520. A parking and business improvement area may be established as provided in this chapter.
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36521. The city council may establish an area on its own initiative.
36521.5. A county may not form an area within the tenitorial jurisdiction of a city without the consent
of the city council of that city. A city may notform an area within the unincorporated territory ofa
county, without the consent of the board of supervisors of that county. A city may not fonn art area
within the tenitorial jurisdiction of another city without the consent of the city council of the other city.
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36522. Proceedings to establish a p~king and business improvement ~rea shall be instituted by the
adoption by the city council of a resolution of intention to establish the area. The resolution ofintention
shall do all of the following: (a) State that a parking and business improvement area is proposed to be
established pursuant to this chapter and describe the boundaries of the tenitory proposed to be included
in the area and the boundaries of each separate benefit zone to be established within the area. The
boundaries of the area may be described by reference to a map on file in the office of the clerk, showing
the proposed area. (b) State the name of the proposed area. (c) State the type or types of improvements
and activities proposed to be funded by the levy of assessments on businesses in the area. The resolution
of intention shall specify any improvements to be acquired. (d) State that, except where funds ~e
otherwise available, an assessment will be levied annually to pay for all improvements and activities
within the area. (e) State the proposed method and basis of levying the assessment in sufficient detail to
allow each business owner to estimate the amount of the assessment to be levied against his or her
business. (f) State whether new businesses will be exempt from the levy of the assessment, pursuant to
Section 36531. (g) Fix a time and place for a public hearing on the establishment of the parking and
business improvement area and the levy of assessments, which shall be held not less than 20 or more
, than 30 days after the adoption of the resolution of intention. (h) State that at the hearing the testimony
of all interested persons for or against the establishment of the area, the extent of the area, or the
furnishing of specified types of improvements or activities will be heard. The notice shall also describe,
in summary, the effect ofprdtests made by business owners against the establishment of the area, the
extent of the area, and the furnishing of a specified type of improvement or activity, as provided in
: Section 36524.
36523. Notice of a public hearing held under Section 36524,36541,36542, or 36550 shall be given by
both of the following: (a) Publishing the resolution of intention in a newspaper of general circulation in
the city once, for at I east seven days before the publi c hearing. (b) Mailing of a compl ete copy of the
resolution of intention by first-class mail to each business owner in the area within seven days of the city
council's adoption ofthe resolution of intention. (c) Notwithstanding subdivision (b), in the case of an
area established primarily to promote tourism, a copy of the resolution of intention shall be mailed by
first-class mail within seven days of the city council's adoption of the resolution of intention, to the
owner of each business in the area which will be subject to assessment.
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36523.5. Notwithstanding Section 36523, prior to adopting any new or increased assessment, the city
council shall give notice pursuant to Section 54954.6 of the Government Code in lieu of publishing
notice pursuant to subdivision (a) of Section 36523.
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36524. (a) At the public hearing, the city council shall hear and consider all protests against the
establishment of the area, the extent of the area, or the furnishing of specified types of improvements or
activities within the area. A protest maybe made orally or in writing by any interested person.Any
protest pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly
set forth the irregularity or defect to which the objection is made. (b) Every written protest shall be filed
with the clerk at or before the time fixed for the public hearing. The city council may waive any
irregularity in the fonn or content of any written protest and at the public hearing may correct minor
defects in the proceedings. A written protest may be withdrawn in writing at any tim~ before the
conclusion of the public hearing. (c) Each written protest shall contain a description of the business in
which the person subscribing the protest is interes~ed sufficient to identify the business and, if a person
subscribing is not shown on the official records of the city as the owner of the business, the protest shall
contain or be accompanied by written evidence that the person subscribing is the owner of the business.
A writtenprot~st which does not comply with this section shall npt be counted in_determining a majority
protest.
36525. (a) Ifwritten protests are received from the owners of businesses in the proposed area which will
pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to
reduce the protests to less than ,that 50, percent, no further proceedings to create the specified parking and
business improvement area pr to levy the proposed assessment, as contained in the resolution of
intention, shall b~ taken fora period of one year from the date of the finding of a majority protest by the
city coun~il. (b) If the majority protest is only against the furnishing of a specified type or types of
improvement or activity within the area, those types of improvements or activities shall be eliminated.
36526. (a) At the conclusion of the public hearing to eSUJ.blish the area, the city council may adopt,
revise, change, reduce, or modify the proposed assessment or the type or types of improvements and
activities to be funded wIth the revenues from the assessments. (b) At the public hearing, the city council
may only make changes in, to, or from, the boundaries of the proposed parking and business
improvement area that will exclude territory which will not benefit from the proposed improvements or
activities. However, proposed assessments may only be revised by reducing any or all of them. (c) The
city council shall not change the boundaries of the area to include any tenitory that will not, in its
judgment, benefit by the improvement or activity. Any addition of territory to the proposed boundaries
of the area may be made only upon notice to the owners of the businesses proposed to be added to the
area, as provided in Section 36523, and upon a public hearing on the addition of territory, as provided in
Section 36524.
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36527. If the city council, following the public hearing, decides to establish the proposed parking and
business improvement area, it shall adopt an ordinance to that effect. The ordinance shall contain all of
the following: (a) The number, date of adoption, and title of the resolution of intention. (b) The time and
place where the public hearing was held concerning the establishment of the area. (c) A determination
regarding any protests received at the public hearing. (d) The description of the boundaries of the area
and of each separate benefit zone established within the area. (e) A statement that a parking and business
improvement area has been established and the name of th.earea. (t) A statement that the businesses in
the area established by the ordinance shall be subject to any amendments to this part. (g) The d€1scription
of the method and basisoflevying the assessments, with a bre~down by classification of businesses if a
classification is used. (h) A statement that the improvements and activities to be provided in the area will
be funded by the levy of the assessments. The revenue from the levy of assessments within an area shall
not be used to provide improvements or activities outside the area or for any purpose other than the
purposes specified in the resolution of intention, as modified by the city council at the hearing
concerning establishment of the area. (i) A finding that the businesses and the property within the
business and improvement area will be benefited by the improvements and activities funded by the
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assessments proposed to be levied. In the case of an area formed to promote tourism, only businesses
that benefit from tourist visits may be assessed. G) The time and manner of collecting the assessments.
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36528. The city council may establish one or more separate benefit zones within the area based upon the
degree of benefit derived from the improvements or activities to be provided within the benefit zone and
may impose a different assessment within each benefit zone.
36529. All provisions of this part applicable to the establishment, modification, or dise$tablishment of a
parking and business improvement area apply to the establishment; modification, or disestabli&hment of
benefit zones. The city council shall, to establish, modify, or disestablish a benefit zone, follow the
procedure to establish, modify, or disestablish a parking and b\lsiness improvement area.
3QS..JQ. The.~ty.OOlHlCits.bal1,appointan..adviSOI)'boanl which shall make a recommendati<;>n to the city
Council on the expenditure of revenues derived from the levy of assessments pursuant to this part, on the
classification of businesses, as applicable, and on the method and basis oflevying the assessments. The
city council may designate existing advisory boards or commissions to serve as the advisory board for
the area or may create a new advisory board for that purpose. The city council may limit membership of
the advisory board to persons p~ying the assessments under this part. T~,city council may appoint the
advisory board prior to adoption of the resolution of intention to create the area, so that the adviSiory
board may recommend the provisions of the resolution of intention.
36531. The city council may exempt a business recently established in the area from thelevyofthe
assessments, for a period not to exceed one year from the date the business commenced operating in th.e
area. The city council shall state its determination to so exempt new businesses in the resolution of
intention to establish the area and shall reaffirm its determination annually in the resolution of intention
required to be adopted pursuant to Section 36534.
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36532. The collection of the assessments levied pursuant to this part shall be made at the time and in the
manner set forth by the city council in the ordinance establishing the area.
36533. (a) The advisory b<;>ard shall Cause to be prepared a report for each fiscal year for which
assessments are to be levied and collected to pay the costs of the improvements and activities described
in the report. The report may propose changes, including, but not limited to, the boundaries of the
parking and business improvement area or any benefit zones within the area, the basis and method of
levying the assessments, and any changes in the classification of businesses, if a classification is used.
(b) The report shall be filed with the clerk and shall refer to the parking and business improvement area
by name, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall
contain all of the following: (1) Any proposed changes in the boundaries of the parking and business
improvement area or in any benefit zones within the area. (2) The improvements and activities to be
provided for that fiscal year. (3) An estimate of the cost of providing the iqlprovements and the activities
for that fiscal year. (4) The method and basis oflevying the assessment in sufficient detail to allow each
business owner to estimate the amount of the assessment to be levied against his or her business for that
fiscal year. (5) The amount of any surplus or deficit revenues to be carried over from a previous fiscal
year. (6) The amount of any contributions to be made from sources other than assessments levied
pursuant to this part. (c) The city council may approve the report as filed by the adv~sory board or may
modify any particular contained in the report and approve it as modified. The city council shall not
approve a change in the basis and method oflevying assessments thatwould impair an authorized or
executed contract to be paid from the revenues derived from the levy of assessments.
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36534. (a) After the approval of the report, the city council shall !ldopt a resolution of intention to levy
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an annual assessment for that fiscal year. The resolution of intention shall do all of the following: (1)
Declare the intention of the city council to change the boundaries of the parking and business
improvement area, or in any benefit zone within the area, if the report filed pursuant to Section 36533
proposes a change. (2) Declare the intention of the city council to levy and collect assessments within
the parking and business improvement area for the fiscal year stated in the resolution. (3) Generally
describe the proposed improvements and activities authorized by the ordinance enacted pursuant to
Section 36527 and any substantial changes proposed to be made to the improvements and activities. (4)
Refer to the parking and business improvement area by name and indicate the location of the area. (5)
Refer to the report on file with the clerk for a full and detailed description of the improvements and
activities to be provided for that fiscal year, the boundaries of the area and any benefit zones within the
area, and the proposed assessments to be levied upon the businesses within the area for that fiscal year.
(6) Fix a time and place for a public hearing to be held by the city council on the levy of the proposed
assessment for that fiscal year. Th~public hearing shall be held not less than 10 days after the adoption
of the resolution of intention. (7) State that at the public hearing written and oral protests may be made.
The form and manner of protests shall comply with Sections 36524 and 36525. (b) The clerk shall give
notice of the public hearing by causing the resolution of intention to be published once in a newspaper
of general circulation in the city not less than seven days before the public hearing.
36535. (a) The city council shall hold the public hearing at the time and in the place specified in the
resolution of intention. The public hearing shall be conducted as provided in Sections 36524 and 36525.
The city council may continue the public hearing from time to time, but the public hearing shall be
completed within 30 days. (b) During the course or upon the conclusion of the public hearing, the city
council may order changes in any of the matters provided in the report, including changes in the
proposed assessments, the proposed improvements and activities to be funded with the revenues derived
from the levy of the assessments, and the proposed boundaries of the area and any benefit zones within
the area. The city council shall not change the boundaries to include any territory that will not, in its
judgment, benefit by the improvement or activity. ( c) At the conclusion of the public hearing, the city
council may adopt a resolution confirming the report as originally filed or as changed by it. The
adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the
report. (d) Notwithstanding subdivision (c), if the primary purpose of the area is promotion of tourism,
the city council may adopt a resolution confirming the report as submitted by the advisory board, or may
adopt a resolution continuing the program and assessments as levied in the then current year without
change, and that resolution shall constitute the levy of an assessment for the fiscal year referred to in the
report. As an alternative, the city council may modify the report and adopt a resolution confirming the
report as modified, but in that case the city council may adopt the resolution only after providing notice
of the proposed changes as specified in Section 36523 and only after conducting a public hearing on the
resolution as provided in Sections 36524 and 36525.
36536. The assessments levied on businesses pursuant to this part shall be levied on the basis of the
estimated benefit to the businesses and property within the parking and business improvement area. The
city council may classify businesses for purposes of determining the benefit to a business of the
improvements and activities provided pursuant to this part.
36537. The validity of an assessment levied under this part shall not be contested in any action or
proceeding unless the action or proceeding is commenced within 30 days after the resolution levying the
assessment is adopted pursuant to Section 36535. Any appeal from a final judgment in an action or
proceeding shall be perfected within 30 days after the entry of judgment.
36540. In addition to the changes authorized to be made in the annual report filed with the city council
pursuant to Section 36533 or at the conclusion of the public hearing on the annual levy of the
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assessments, the advisory board may, at any time, recommend that the city council modify the
boundaries of the area, any benefit zones within the area, the basis and method of levying the
assessments, and any improvements or activities to be funded with the revenues derived from the levy of
the assessments. Any modification shall be made pursuant to this chapter.
36541. (a) The city council shall modify the basis and method oflevying the assessment or the
boundaries of the area by adopting an ordinance after holding a public hearing on the proposed
modification. (b) The city council shall adopt a resolution of intention which states the proposed
modification prior to the public hearing required by this section. The public hearing shall be held not
less than 20 or more than 30 days after the adoption of the resolution of intention. Notice of the public
hearing shall be published and shall be mailed to each owner of a business affected by the proposed
modification, as provided in Section 36523. The public hearing shall be conducted as provided in
Sections 36524 and 36525.
36542. (a) The city council may modify the improvements and activities to be funded with the revenue
derived from the levy of the assessments by adopting a resolution determining to make the modifications
after holding a public hearing on the proposed modifications. Notice of the public hearing and the
proposed modifications shall be published as provided in Section 36523. (b) The public hearing shall be
,conducted as provided in Sections 36524 and 36525."
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36550. (a) The city council may disestablish an area by adopting an ordinance after holding a public
hearing on the disestablishment, as provided in this section. (b) The city council shall adopt a resolution
of intention to disestablish the area prior to the public hearing required by this section. The resolution
shall state the reason for the disestablishment, shall state the time and place of the public hearing, and
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shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied
within the parking and business improvement area. The public hearing shall be held notless than 20 or
more than 30 days afterthe adoption of the resolution of intention. Notice of the public hearing shall be
published as provided in Section 36523.
36551. (a) Upon the disestablishment of an area, any remaining revenues derived from the levy of
assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be
refunded to the owners of the businesses then located and operating within the area in which
assessments were levied by applying the same method and basis that was used to calculate the
assessments levied in the fiscal year in which the area is disestablished. (b) If the disestablishment
occurs before an assessment is levied for the fiscal year, the method and basis that was used to calculate
the assessinents levied in the immediate prior fiscal year shall be used to calculate the amount of any
refund. Notice of the disestablishment ofan area shall be published once in a newspaper of general
circulation in the city, not later than 15 days after the ordinance disestablishing the area is adopted.
.
http://www.civiccenter.com/Business%20BID%201awI989.htm
11/13/2002
Town of Tiburon
. STAFF REPORT AGFNDAITEM4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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TO: Mayor and Members of the Town Council
FROM: Alex D. Mcintyre, Town Manager @
SUBJECT: Single Stream Recycling - Reconsideration Request by Mill Valley
Refuse Service
MEETING DATE: November 19, 2003
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Mill Valley Refuse Service (MVRS) has forwarded a letter (Exhibit A) to the Town Council
requesting reconsideration of its October 15, 2003 decision regarding their single-stream
recycling.
Specifically, MVRS requests that the Town Council allow MVRS to provide an "opt out" ordering
process instead of the "opt in" process that the Town Council preferred. MVRS makes a strong
argument in the attached correspondence.
Further, MVRS asks that the Town Council reconsider use of the blue can, which is the
universally accepted color for recycling. Their argument too is included in the attached.
The Town Council should remember that the Town retains MVRS to provide our refuse and
recycling program for the community and staff believes that the Town should defer to MVRS's
expertise in these matters.
Recommendation
It is recommended that the Town Council review the attached correspondence and reconsider its
decisions and direction concerning the single-stream recycling program.
Exhibit A - Mill Valley Refuse Letter
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MILL VALLEY REFUSE SrIVICE, INC.
P,O" BOX 3557 . SAN RAF'AEL, CALIFORNIA 949 I ,-3557
PHONE (41 5) 457-9760 F'AX (41 5) 457-.3003
Dear Council Members,
As a follow-up to the October 15. 2003 Town Council meeting where Mill Valley Refuse
Service (MVRS) presented the new recycling carts for single-stream recycling, I met with
Alex Mclntyre and Romney Fennell to solidify plans for distributing the carts to Tiburon
residents. MVRS asks you to reconsider both the plan for implementation as well as the
color selection of the carts.
The distribution plan that emerged from the Town Council meeting called for MVRS to
notify Tiburon residents o(tOO availability of the Dew recycling carts, and to then
distribute them only to residents who request one. This plan poses certain burdens and
creates some inefficiencies that .I'd like to discuss with you.
In the proposed p~ MVRS would advertise the program in, the local newspaper and
send a notice to each customer advising them that they bave a certain period oftime (e.g.,
two weeks from receipt of the mailer) to call MVRS and request delivery ofa recycling
cart. After two weeks, we~d place an order for tbe number of carts requested and
distribute them aU at one tUne.
My ,first concern with this plan is the burden it would place o.n our office staff. With
roughly 2900 households in Tfuuron, we estimate our staff would have to answer. a
minimum of 1500 phone caUs on top of their regular daily workload. In. fact, given the
high rate of acceptance oftbese carts in other communities we service, I fear the number
ofcaJJs could go even higher. I asked Romney and Alex what effect it would have on the
Tiburon Town staff if they suddenly had to field hundreds of eXiTa phone calls per day.
We all understood how difficult that would be for any small staff to handle.
My second concern with the proposed plan is the delays that it would cause. As proposed,
the plan would take about 10 weeks to implement. Here is a general timelinc:
Week. #l-Design a mailer, print it and send it out.
Week #2 &. 3-Customers order carts.
Week #~MVRS orders cans.
Week #9-MVRS receives cans from manufacturer.
Week # 1 O--MVRS distributes carts
At this point, the carts could not be delivered until sometime in Febroary, 2004.
My final concern is that despite the effort to get residents to request the cart, many would
fail to do so for any variety of reasons. MVRS believes that it is the nature of some
people to put small chores like this one on the back burner and then forget to do them
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entirely. Many others will take a "wait and see'l approach. letting neighbors try the carts
out first before deciding they want one themselves. Seeing the carts being distributed or,
later, used by their neighbors, these residents would then burden staffwith another wave
of calls that would require us to deliver more carts. I don't believe we'd want to penalize
these people with a late request delivery charge because of the ill will it would cause.
After aD, their biDs already inelude a recycling charge-independent of whether they
order a cart. Also, some will,1ikely argue that they did make a timely request, but our
stafffailed to record it properly. And new residents moving into a house should not be
charged for wanting to use a cart when the old residents did not.
I ask. that you will consider the following alternative to the above plan. It is the one we
have successfully implemented in Mill Valley and Corte Madera. It reduces the number
of phone calls our office would receive and has kept the vast majority of the people we
serve satisfied. This distribution plan. invo lves notification of a delivery date with a
request to call Us only if the resident does not want a cart or prefers a smaller sized one:.
Our experience is that this method resuhs in one to two hundred calls rather than ten
times that amo\D'lt.
If you agree to this distribution plan, we can place an innnediate order for tbe carts,
receive them, in. December and distribute them right after New Year's.
I know a vocal minority of people has called the popularity of these carts mto question~
but the fact is the vast majority of our customers are very happy with them. We are
actively addressing the issue of carts being lef\ out on the street all tbe time with a public
education campaign that will continue for as long as our communities feel it is necessary.
I am confident Tiburon residents will grow to appreciate them as those in our other
service areas have done.
Finally, again, I bring up the issue of color. MVRS remains firm in our beUeftbat blue is
the generally accepted, color for recycling carts. However, Tiburon. residents are not alone
in feeliDg the bright blue carts are unsightly when left out on the street all the time. In
area!; where we have distn"buted blu.c carts, we have made it a policy to swap them out for
brown ones only in cases where the resident has no place to pull the cart out of sight of
the street. Wrth your pennissioD, we would like to follow this poHcy in Tiburon.
Alex McIntyre has suggested that we present this ease to you again at your Town Council
meeting. While I am sme you wish to move on to more important matters, this is
important to MVRS aod we want to ask you to reconsider the process for delivering the
carts as well as the color of the carts.
Sincerely Yours
~-I~
<<a:;s ~avarone
Partner, Mill VaUeyRefuse Service
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c;
TO:
MAYOR AND MEMBERS OF THE TOWN COUNCIL
FROM:
ROMNEY FENNELL, RECYCLING COORDINATOR
SUBJECT:
CURBSIDE RECYCLING BINS
MEETING DATE:
REPORT DATE:
NOVEMBER 19, 2003
NOVEMBER 6, 2003
I WAS NOT ABLE TO ATTEND THE 10/15/03 COUNCIL MEETING, HOWEVER, I PREPARED A
BRIEF SUMMARY (ATTACHED) WHICH WAS PROVIDED TO YOU AS LATE MAIL. IT HAS
COME TO MY ATTENTION THAT NOT EVERYONE HAD THE TIME TO READ THE REPORT
BEFORE THE RECYCLING BIN ITEM WAS DISCUSSED.
BASICALLY, I THINK WE ALL AGREE, THE MOST IMPORTANT ELEMENT OF ASSURING A
SUCCESSFUL CURBSIDE RECYCLING PROGRAM AND INCREASING OUR DIVERSION GOALS
, IS TO MAKE IT USER FRIENDLY.
GOING TO SINGLE STREAM HAS BEEN A BIG STEP TOWARDS USER FRIENDLY AND WE
ARE NOW AT THE POINT OF WORKING ON A PLAN TO DISTRIBUTE UNIFORM BINS.
AS THE DESIGNATED RECYCLING COORDINATOR AT TOWN HALL I RECEIVED A FLOOD
OF CALLS IN RESPONSE TO THE 10/22/03 ARTICLE IN THE ARK WHICH REPORTED THAT
THE COUNCIL PREFERRED RECYCLING BINS BE BROWN -NOT BLUE.
THIS ISSUE HAS PROVEN TO BE CONTROVERSIAL AND SOME CALLERS HA VE ASKED IF IT
CAN BE RECONSIDERED.
WHEN I TAKE A CALL FROM THE PUBLIC I REITERATE THAT THE COUNCIL WAS TRYING .
TO RESPOND TO A CONCERN THAT THE COLOR BLUE WOULD "STICK OUT" GIVEN THE
PREMISE THAT TOO OFTEN BINS ARE LEFT OUT ON THE STREET AFTER PICK -UP DAY.
ALMOST EVERYONE RESPONDS TO THIS REASONING BY POINTING OUT THAT WHILE
THIS MAY WELL BE A LEGITIMATE CONCERN IT WOULD BE BETTER ADDRESSED BY
THE COUNCIL AND MVR BY IMPRESSING THE NEED FOR COOPERATION AND
CONSIDERATION BETWEEN NEIGHBORS IN REGARDS REMOVING THE BIN FROM THE
CURB AFTER COLLECTION DAY, NOT BY CHANGING COLORS.
ONE GENTLEMAN REMARKED "WE ALL WANT THE BINS OFF THE STREET, MAKING THEM
BROWN WILL NOT DO THAT."
ANOTHER CALLER STATED "IT IS LIKE THROWING THE BABY OUT WITH THE BATH
WATER, IT MAKES NO SENSE."
MOST THAT CALL ARE ENTHUSIASTIC RECYCLERS AND WANT TO HAVE THEIR
RECYCLING BIN DELIVERED AS SOON AS POSSIBLE. THE FOLLOWING IS A BRIEF
SAMPLING OF COMMENTS IN REGARDS TO COLOR.
.
. A CITIZEN STATED THAT HE SHOULDN'T HAVE TO COME TO A MEETING TO
REMIND THE COUNCIL THAT THROUGHOUT CALIFORNIA, THROUGHOUT MARIN-
IN HOSPITALS, CHURCHES, COMMUNITY CENTERS, PARKS, AND SCHOOLS,
RECYCLING BINS ARE IDENTIFIED BY THEIR COLOR, BLUE, AND THIS ALONE
REMINDS AND ENCOURAGES PEOPLE TO RECYCLE
. MORE THAN ONE CALLER NOTED THAT IT IS PERHAPS SHORTSIGHTED TO
CHOOSE BROWN FOR A RECYCLING BIN BECAUSE THE COLOR IS ASSOCIATED
WITH GARBAGE BINS AND IN THE FUTURE IT IS LIKELY EACH HOUSEHOLD
WILL HAVE A GREEN BIN (GREEN WASTE), A BLUE BIN (RECYCLING) , AND A
BROWN BIN (GARBAGE) OF THE TYPE THAT CAN BE MECHANICALLY LIFTED
ONTO A REFUSE TRUCK.
. MANY EXPRESSED CONCERN THAT BEING DIFFERENT FROM OTHER TOWNS IN
MARIN WOULD BE UNNECESSARILY CONFUSING TO VISITOR AND RESIDENT
ALIKE. EVERYONE ENTERING TIBURON, ONE CALLER REMARKED, WOULD
HAVE TO BE REMINDED THEY ARE IN A "NO BLUE BIN ZONE."
. ONE MOM CALLED TO SAY THAT "MY CHILDREN HAVE BEEN TAUGHT TO TAKE
THEIR RECYCLABLES TO THE "BLUE CAN" AT SCHOOL, AT THE SWIM CLUB, THE
YACHT CLUB AND AT CHURCH, AND IT'S PLAIN SILLY FOR THE TOWN COUNCIL
TO CHOOSE A COLOR OTHER THAN BLUE FOR OUR HOUSEHOLD BIN."
.
. ANOTHER MOM EXPRESSED SIMILAR CONCERNS BUT INSTEAD OF "SILLY" SHE
THOUGHT IT WAS "SNOOTY" FOR THE TOWN TO BE DIFFERENT FROM OTHER
TOWNS AND THE COUNCIL WOULD DO BETTER TO ENCOURAGE THE
RECYCLING EFFORTS OF TIBURONIANS INSTEAD OF TRYING TO "DISGUISE" THE
BINS.
. ONE CALLER STATED IT WAS HIS OPINION THAT THOSE THAT HAVE CONCERN
ABOUT THE BLUE COLOR ARE A MINORITY AND THE COUNCIL IS THERE TO USE
THEIR COMMON SENSE AND NOT BE SWAYED BY A MINORITY.
. ONE GENTLEMAN REMARKED THAT PEOPLE IN TIBURON ARE PROUD OF THEIR
HOMES AND MOST DO TUCK THEIR BINS A WAY IN SIDEY ARDS OR IN GARAGES.
THEY ARE ONLY ROLLED OUT THE NIGHT BEFORE AND ROLLED IN THE NEXT
MORNING - "HOW CAN COLOR BE SUCH AN ISSUE WHEN IT IS DARK OUTSIDE?"
HE ASKED.
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DATE:
TO:
FROM:
SUBJECT:
15 October 2003
Mayor and Members of the Town Council
Romney Fennell, recycling coordinator
Single-Stream Recycling & the Blue Can
I would like to take this opportunity to share with the Council some
comments in regards implementing the "blue can" for residential collection
of single-stream recycling.
As the designated recycling coordinator at Town Hall, most calls regarding
recycling are referred to me. Over the last few months I have responded to
at least 60 inquiry calls from the public about the blue can.
Those that call have read MVR's Let's Talk Trash, Town ofTiburon
NEWS, or the ARK and are pleased with single-stream, feel the blue can
will make recycling easier, eliminate the unsightly clutter of buckets, bags
& boxes left open to the elements and foraging critters, and are looking
forward to having the blue can. Mostly, they simply want to know "why it
is taking so long?" for the blue can to be provided.
Residents who live in apartment complexes and condo complexes that don't
have communal refuse areas want to know what can they do if they do not
have room for a 64 gallon can. I assure them that they can just continue to
recycle as they are doing now or request the smaller 32 gallon can. Perhaps
an area that could use more informational outreach would be Apt/Condo
Associations.
I have not received any calls from anyone who objects to the can or the
color blue.
I have received calls from citizens who object to those who would object to
the color blue, noting it is the universal color that identifies recycling and
that TiburonlBelvedere should not seek to set themselves apart from other
communities in this effort.
Blue Cans Will Be Brown
New Recycling Containers Will Be
Delivered On Demand
.
.
By DEIRDRE McCROHAN
When you hear about Tiburon's blue
can program, think brown.
Earlier this fall; the Tiburon Town
Council signaled its support for Mill
Valley Refuse Service's (MVRS) plan
to introduce single-stream recycling on
the Tiburon Peninsula with its new "blue
can" program.
Now the town council has given the
garbage and recycling pickup company
more specific direction for implementing
the single-stream recycling program here.
The first order was to make the blue
cans brown or some other subdued earth
tone. Tiburon has joined a very short list
of Marin communities that have rejected
the bright blue container as an eyesore.
Single-stream means residents put
all their recyclables in one standard
container provided by MVRS and
MVRS equipment sorts the recyclables
at its own plant. MVRS has expanded
the list of materials that can be recycled
via the containers (sony, plastic garbage
bags and styrofoam aren't on MVRS'
recyclable list yet).
MVRS would prefer to deliver 64-
gallon cans to every household and put
the onus on individual homeowners to
call MVRS and either opt out altogether
or have the 64-gallon container replaced
with a 32-gallon container, according to
MVRS Vice President Jim Iavarone.
The council had other ideas. The
council decided that MVRS should
publicize the program and ask residents
to inform them whether they want to
opt into, the program and, if so, specify
which size container they prefer. So
that's what's going to happen.
There was quite a bit of debate about
it. Tiburon already has a green-can
program for green waste (leaves and
landscaping clippings) and knows that
people often don't put their cans away
after the pickup.
"I'm wholeheartedly behind recycling
but I'm not happy about 2,000 new blue
boxes on the street," said Jim Malott.
. "It's cumulative visible pollution."
One or two elderly Ark readersliave
complained to a reporter in passing that
the green cans are too big for them, to
maneuver, but most of the complaints
she heard were about the blue color.
MVRS' Iavarone told the council,
"We never thought they would be a part
of the landscape. We thought people
would put them out and take them in."
"It's all about recycling," said
councilmember Andrew Thompson.
"I'm happy to say Tiburon has one of
the highest per capita recycling rates
in Marin. I understand the blue is more
visible, but it stands for something. I
wish the standard was different."
Tiburon Building Department clerk
Romney Fennell, the town's recycling
coordinator, submitted a report to the
council before the meeting. She said
she had received about 60 calls about
the program and said most callers were
excited about the new program and
wanted to know when the cans will arrive.
"I have not received any calls from
anyone who objects to the can or the
color blue," she said. "I have received
calls from citizens who object to those
who would object to the color blue."
Blue is the universal color that
identifies recycling, she explained. Some
callers apparently resented Tiburon's
trying to set itself apart. Supporters feel
the blue can will make recycling easier
and "eliminate the unsightly clutter ,of
buckets, bags and boxes left open to
the elements and foraging critters," she
wrote.
The cost of the' containers was
factored into the recent garbage bill hike
approved by the town council.
About five years ago, Tiburon
reached its state-mandated goal for
diverting at least 50 percent of its landfill
dumping to recycling centers. Like other
communities, however, it continues to
try to reduce the amount of material sent
to the landfill.
Information about the new single-
stream recycling program will come in
your garbage bill.
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Town of Tiburon
STAFF REPORT
AGENDA ITEM ts-
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TO: MAYOR AND MEMBERS OF TOWN COUNCIL
FROM: DANIEL M. WATROUS, PLANNING MANAGER
SUBJECT: 81 EAST VIEW AVENUE
APPEAL OF DESIGN REVIEW BOARD DECISION TO DENY A SITE
PLAN AND ARCHITECTURAL REVIEW APPLICATION FOR THE
CONSTRUCTION OF ADDITIONS TO AN EXISTING SI FAMILY
.' DWELLING, WITH A FLOOR AREA EXCEPTION
MEETING DATE: NOVEMBER 19, 2003
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PROJECT DATA
ADDRESS:
ASSESSOR'S PARCEL:
FILE NUMBER:
PROPERTY OWNERS:
APPLICANT:
LOT SIZE:
ZONING:
GENERAL PLAN:
FLOOD ZONE:
DATE COMPLETE:
81 EAST VIEW AVENUE
60-105-51
703121
JEFFREY KAISER
MOHAMAD SADRIEH (ARCHITECT)
3,881 SQUARE FEET
R-1 (SINGLE-FAMILY RESIDENTIAL)
MEDIUM HIGH DENSITY RESIDENTIAL
C
SEPTEMBER 2, 2003
BACKGROUND
On October 2, 2003, the Tiburon Design Review Board adopted Resolution No. 2003-06
denying a Site Plan and Architectural Review application for the construction of additions to an
existing single-family dwelling on property located at 81 East View Avenue, with a Floor Area
Exception. The applicant has now appealed this decision to the Town Council.
PROJECT DESCRIPTION
A proposal has been made to request Design Review approval for the construction of additions
to an existing single-family dwelling on property located at 81 East View Avenue. Substantial
additions to this house were been approved in 1997 under a previous Site Plan and
Architectural Review application (File #297009), which also included approval of variances for
reduced front, side and rear yard setbacks, excess building height and excess lot coverage, and
a floor area exception.
An application was submitted to develop previously approved crawl space within the existing
volume of the house into living area. The crawl space would be converted into a media room,
adjacent to a previously approved guest bedroom and bathroom.
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Town of Tiburon
STAFF REPORT
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The proposed additions would add 245 square feet of floor area to the existing house, resulting
in a total floor area for the house of 2,369 square feet. As the floor area ratio for a lot of this
size is 1,358 square feet (35.0%), a floor area exception is requested for the proposed addition.
Due to the long-term ongoing nature of the construction on this property and the need for a floor
area exception, this application was referred to the Design Review Board for review.
REVIEW BY THE DESIGN REVIEW BOARD
The Design Review Board first reviewed the project at its September 18,2003 meeting. At that
time, concerns were raised by a neighboring property owner about the most recently requested
modifications for this project, particularly since landscaping improvements that had been
previously required had not yet been completed. The Design Review Board raised an additional
concern that the project would be inconsistent with the intended goal of the Town's floor area
ratio requirements to establish a reasonable relationship between the size of a house and its lot.
In particular, the Board found that the proposed floor area would result in too large a house on
too small of a lot, and would intensify the use of this property in a manner that would create
unwanted impacts on the surrounding Corinthian Island neighborhood. c
The Board then voted unanimously (4-0) to direct Staff to prepare a Resolution denying the .
application. Resolution No. 2003-06 was adopted on October 2,2003. On October 13,2003,
the appellant filed a timely appeal of this decision.
BASIS FOR THE APPEAL
There are four grounds upon which the appeal (Exhibit 1) is based:
Ground #1 The subject house is smaller than many other homes in Tiburon, resulting
in a seemingly large increase in floor area for a small addition.
Staff Response: The 2,369 square foot proposed floor area for the subject house is not
particularly large in comparison to many other homes in Tiburon. However, the overwhelming
majority of larger homes in Tiburon are situated on substantially larger lots than this 3,881
square foot lot.
In order to evaluate the proposed size of the subject house in comparison to its surroundings, a
table has been prepared showing the floor area, lot sizes and floor area ratios of the other
single-family homes on the portion of Corinthian Island within the Tiburon town limits (Exhibit 3).
The table also indicates the amount by which the floor area of each house exceeds (or is under)
the floor area ratio for its lot, and the floor area as a percentage of the lot size.
The proposed addition would result in a floor area 1,011 square feet above the floor area ratio
for this property. Of the 20 other Tiburon homes on Corinthian Island, only 3 residences (53, 83 .
& 100 East View Avenue) exceed their floor areas by more than 1,000 square feet. Further,
November 19,20
page 2 of 5
Town of Tiburon
. STAFF REPORT
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each of these 3 properties is much smaller than the subject lot, with lot sizes of 2,520 square
_ feet or less,and floor area ratios of less than 900 square feet. The other comparably sized
Tiburon lots on Corinthian Island all have floor area that are much closer to their floor area ratios
than that proposed by the subject application.
Similarly, the table indicates that the 61.0% floor area as a percentage of theJ.otsize of the
subject property would be exceeded by only 7 of the 20 Tiburon lots on Corinthian Island (53,
59,83,90 & 100 East View Avenue, 00 Alcatraz Avenue and 53 Main Street). Again, each of
these other lots is smaller than the subject property, with lot sizes no greater than 2,520 square
feet. Although most of the other nearby lots also exceed their floor area ratios, the floor area
percentages for these other lots are generally much smaller than the 61.0% proposed by this
application.
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The Design Review Board noted that the unpermitted fill had been placed on the property in
April, and raised concerns about potential runoff and erosion impacts that could occur if the
review process extended into the rainy season. The Board indicated that it had adequate
information upon which to base its decision. The technical aspects of the grading on the site,
which could be addressed by a civil engineer, were not within the purview of the Board in
reviewing this Site Plan and Architectural Review application, and had little to do with the
privacy impacts caused by this fill. The Board also had enough information to evaluate the
proposed landscaping improvements without the need to ask questions of a landscape
architect.
The floor area ratio guideline established by the Tiburon Zoning Ordinance is "intended to
discourage overbuilding of property, as often occurs with "tear-downs" and extensive
remodel/additions on infill sites, and with first-time residential construction. The Floor Area Ratio
Guideline for a lot is not intended as a target to be achieved, but is intended to indicate a
reasonable maximum." Although the proposed addition would not result in floor area that is
greater than many other homes in Tiburon, the Design Review Board determined that the
addition would result in too large of a house on too small a lot, which was inconsistent with the
floor area ratio guideline. As indicated by the information contained in the attached table, the
proposed project would also result in floor area that would be inconsistent with the overall
development pattern of the Tiburon portion of Corinthian Island.
Ground #2 The proposed addition would result in minimal exterior changes to the
house and no visual impacts on surrounding properties.
Staff Response: The only exterior change proposed as part of this application would be the
installation of a new window for the proposed media room. The Design Review Board
acknowledged that filling in the subject crawl space and the creation of one new window would
not result in any visual impacts on other properties in the vicinity. The Board's concerns had
more to do with the increasing inconsistency in the relationship of the size of this house and the
size of the property upon which it is located, and the intensification of use on the site.
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Ground #3 The physical characteristics of the subject property and Corinthian Island
create special circumstances which justify this application.
November 19, 2()O
page 3 of 5
Town of Tiburon
STAFF REPORT
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Staff Response: The submitted appeal does not include specific details that describe the
physical characteristics of the subject'property and Corinthian Island that create special
circumstances that would justify this application. The previously noted table on lot sizes and
floor areas for the Tiburon properties on Corinthian Island clearly indicates that these lots are
generally very small. The physical terrain of Corinthian Island also includes steep slopes on
most properties.
However, as noted above, the amount of floor area requested by this application is
proportionately greater than that of most other properties on Corinthian Island. Therefore, the
physical characteristics that the subject property shares with other lots in the vicinity does not
justify the approval of floor area which would be larger than expected for a property of this size
on Corinthian Island.
Ground #4 The proposed project would not result in an intensification of the use of the
property.
Staff Response: The Appellant indicates that he would be living in the subject house alone, and
that future property owners would look on this house as the correct size for "a single person, a
couple, or couple with a grown child." However, one need look only at homes purchased by
growing families in the Bel Aire neighborhood that are less than half of the size of the house as .
proposed to see that even smaller houses in Tiburon are frequently occupied by three or more
people. The Design Review Board has noted that increased house sizes are often
accompanied by increased activity levels on the site, with more people living in the residence,
more cars parking on the site, and more visitors to the house. The Board determined that this
incremental intensification would be inappropriate for this property, particularly given the
relatively small size of the Jot.
CONCLUSION
The Design Review Board followed the guidelines for Site Plan and Architectural Review in its review
of this project. The Board determined that that the floor area increase requested was inconsistent
with the size of the subject property, and inappropriate for the surrounding Corinthian Island
neighborhood.. The Board alsofound that the proposed addition would not result in a reasonable
relationship between the size of a house and its lot. The decision of the Design Review Board is
supported by visits to the subject site and the adjoining property, as well as evidence in the record.
RECOMMENDATION
1) That the Town Council indicate its intention to deny the appeal; and
2) That the Town Council direct Staff to return with a Resolution denying the appeal, for
adoption at the next meeting.
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November 19, 20
page 4 of 5
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Town of Tiburon
STAFF REPORT
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EXHIBITS
1. Notice of Appeal
2. Application and supplemental materials
3. Table of Floor Areas, Lot Sizes and Floor Area Ratios in the Vicinity of 81 East View
Avenue
4. Staff Report of the September 18, 2003, Design Review Board meeting
5. Minutes of the September 18,2003 Design Review Board meeting
6. Design Review Board Resolution No. 2003-06
7. Letter from Cindy Ludwig, dated October 29, 2003
8. Submitted plans
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TOWN OF TIBURON
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NOTICE OF APPEAL
TOWN CLERK
TOWN OF TIBURON
APPELLANT
F~E. C E
Name: JEf(-1::;\l'/ )~)SG(L
- -
Address: 8-, ,l?'A-Y VI ~W
Telephone: it ~S- <05 ;J-< (Work) 5-3 <0 OJ 00
OCT 1 a 2003
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(Home)
ACTION BEING APPEALED
Body: D~ 16 N \< ~ Ie: V\..J 'G' 0 MIJ
Date of Action: 10/ L " 0 3
Name of Applicant: ~ ~ ~l )eYL-
Nature of Application: ft-,f)tJ/f.; fti2.e-f'r b-X ~ n u"A)
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GROUNDS FOR APPEAL '
(Attach additional pages, if necessary)
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Last Day to File: / () 113 10 3 Date Received:
Fee ($300.00) Paid: C:4K -# If sf Date of Hearing:
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January 1996
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Grounds for Appeal.
Kaiser Residence
81 Eastview Avenue
This request for a reconsideration of the Design Review Board decision is based on the
special circumstances and uniquenesses of Corinthian Island which cause, in my
opinio~, special deliberations on matters of variances.
A few key noteworthy points:
1) My home lot is quite small in comparison to most Tiburon lots.
2) My home footprint is ygry small in comparison to most Tiburon home perimeters.
3) The square footage of the home, covering three levels, remains only 2124 square
feeL.still a small home relative to our community.
4), Each floor averages only about 700 square feet including garage.
Due to the small dimensions of all aspects of this home and project, any desired
increases and variations result in a relatively large percentage change. Hence, the
requested tiny additional space allowance of only 241 square feet moves from the
previously approved 55% to 61% FAR.
The space being requested is not "additional" in the sense that exterior dimensions of
the house will change or any exterior visual impact be affected (except for a window).
The raw space exists. The only impact is to create usable space in an enclosed crawl
space/storage area that is within the walls and foundation of the home.
Further, there was concern that an added small room (to be used as a media room)
would add both car and people traffic to the neighborhood. This does not seem realistic
or a fair conclusion. I will be living in the home alone; I will have no more cars and no
more family or guests. Future purchasers of the house will view it as a home for a sincle
person, a couple, or couple with a grown child. Real estate agents validate this prospect. '
The small space for audio visual usage simply would not add street traffic, it seems.
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TOWN OF TIBURON
LAND DEVELOPMENT APPLICATION
RECEIVED
o Conditional Use Permit
o Precise Development Plan
o Conceptual Master Plan
o Rezoning/Prezoning
o Zoning Text Amendment
o General Plan Amendment
TYPE OF APPLlCA lION
AUG 7 2003 '
o Tentative Subdivision Map .
o Final Subdivisiffi'tftiWNf DIVISION
~n u- TIBURON
o Parcel Map
o Lot LIne Adjustment
o Certificate of Compliance
o Other
o Design Review (DRB)
'f Design Review (Staff level)
o Variance
o Sign Permit
o Tree Permit
o Underground Waiver
APPLICANT REQUIRED 'INFORMATION
SITE ADDRESS: ~ t EI~TVJ eyy
PARCEL NUMBER: (C 0 ..- I C5' ~ -;- 1
PROPERTY SIZE: 3 b"-& I sa, (c.r-
ZONING: 12--\
OWNER OF PROPERTY: -.J E W~ \('~ r: ItI'S;;-, ,L
MAILING ADDRESS: c/ c 'T {c e {}'J C 0 i It / IV C.
CITY/STATE/ZIP: 4; IItl (cO <;., fF ~ La . s,}t{ 6(~/+A..' c..t~ '-0 . {,::1 c3 410_
PHONE NUMBER: '1'';::;-3 v. () ( L'" () FAX [I I ') 1;- 5 ce.' (,; I 7
APPLICANT: (Other than Property Owner)
MAILING ADDRESS:
CITY /ST A TE/ZIP:
PHONE NUMBER:
FAX
ARCHITECT/DESIGNER/ENGINEER: f}1 0 N flY)!l vl-lJ 5:/1-1) ~ i e d
MAILING ADDRESS: / 6,+72:C (f ~D f) L i) (-1:1- , 'S,J;.( I Te G
CITY/STATE/ZIP: ")A<:(~A-Li-n:) 'fA q L./ 't'&-t
PHONE NUMBER: 4 1&)'3?' I (')l-(' /0 FAX
-.
Please illdicate with all asterisk (*) persons to whom correspondence should be ,sent.
. BRIEF DESCRIPTION OF PROPOSED PROJECT (attach separate sheet if needed): C7(/ 'iT11t 6
,~~ ~1';4C& /s J.~--C:- c((J()u6-"1I 'f-() F'i /'fISH f120711"(fi/f-WJ.. "
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I, the undersigned owner (or authorized agent) of the property herein described, hereby make application for
approval of the plans submitted and made a part of this application in accordance with the provisions of the Town
Ordinances, and I hereby certify that the information given is true and correct to the best of my knowledge and
belief.
I understand that the requested approval is for my benefit (or that of my principal). Therefore, if the Town
grants the approval, with or without conditions, and that action is challenged by a third party, I will be
responsible for defending against this challenge. I therefore agree to accept this responsibility for defense at the
request of d1e Town and also agree to defend, indemnify and hold the Town harmless from any costs, claims or
liabilities arising from the approval, including, without limitation, any award of attorneys fees that might result
from the third party challenge.
Date: J;2-/7J {)3
,
DESIGN REVIEW SUPPLEMENTAL APPLICATION F~E'VED
.ase fill in the information requested below (attach separate sheet as needed): AUG 7 2DD3
1. Briefly describe the proposed project:
2. Lot area in square feet (Section 1,05.12*): 3 g8/~' c"~Fr
Zoning: R.-.
3. Proposed use of site (example: single family residential, commercial, etc.):
Existing 'sr,.}(.'O; ~11' L ~.
Proposed \ l , ,
4. Describe any changes to parking areas including number of parking spaces, tumaroundor maneuvering areas.
h~G '
Yards
(Setbacks from property
line)(Section 1.05.25)*
Front ft. ft.
Rear ft. ft. ft.
Right Side ft. ft. ft.
Left Side ft. ft. ft.
Maximum Height
(Section 5.06.07)* ft. ft. ft.
Lot Coverage
(Section 5.06.08)" sq.ft. sq.ft sq.ft.
Lot Coverage as
Percent of Lot Area % % %
ft. ft.
ft. ft.
ft. ft.
ft. ft.
ft. ft.
sq.ft. sq.ft.
% %
Gross Floor Area J I ).1 d 4 5 ~ 3 (p ~
(Section 1.05.06)" sq.ft. sq.ft. sq.ft. sq.ft. sq.ft.
.ction numbers in parentheses refer to specific provisions or definitions in the Tiburon Zoning Ordinance.
DESIGN REVIEW SUPPLEMENTAL APPLICATION FORM
4/99 TOWN OF TmURON
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Jeff Kaiser
81 Eastview Ave.
Tiburon, CA 94920
.
September 17, 2003
Design Review Board
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920
re: 81 Eastview Avenue, File #703121
Dear Board Members:
Regarding the request for a floor area exception at 81 Eastview Avenue, this purpose of
this Jetter is to address the main issues that were noted in the Staff Report prepared by
Dan Watrous on September 2,2003.
,1 ) Timeframe of project.
The project has, indeed, taken much more time than was anticipated when I
purchased the property in late 1999. The first contractor who sold me the property
left town and was not able to be found. The second contractor, who became part
owner of the project, was in charge during a series of delays due to his other
commitments and labor issues. This resulted in my taking back full ownership of
the project in January 2003. At that time, I promised to move forward as quickly as
possible to minimize the affect on the neighborhood, and we have made great
headway. The neighbors are pleased and cooperative, the Building Department is
relieved and satisfied with our progress, and the overall attitude of the directly or
indirectly involved people is positive. This is a major improvement.
.'
The new retaining walls and piers being installed now were a result of my desire to
go beyond what was originally approved in order to maximize the assurance that
the structural aspects are the best they can be. We changed from relatively simple
wood supports to steel posts and beams for the deck, requiring a concrete footing.
In the front, we added an additional retaining wall to ensure the integrity of the
street and proper water displacement.
These items are in addition to all of the other finishing projects at the house which
seem to take even longer due to the difficult-to-access nature of the site. In spite of
this, it seems we have made more progress in eight months than had been made
over the last 3 years.
2) Landscape.
The landscape and vegetation aspects to the project are very important. I am
committed to the plan that was submitted and approved; further, I intend that not
only will the landscape be replaced, it Will be enhanced and improved for the
enjoyment of the neighborhood and overall community. I have been in contact with
the concerned owner of 83 Eastview over the course of the last several months
and will strive to ensure there are no lingering issues or concerns.
.
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Design Review, 81 Eastview, cont.
3) ,Completion. ,
We are now about 3-4 weeks away from all major work being completed. The new
room will take about 2 weeks to drywall and install the window, and this timeframe
could be part of the next 3-4 week period. The project is definitely in its last stages.
We also intend to begin landscaping work as soon as possible. During my
conversations with most of the Corinthian Island neighbors on Labor Day weekend,
we are all happily anticipating the completion by early to mid-October.
The effort over the past seven months has been very expensive and intense. The project
was a problem for me, the Town, and the neighbors. However, we effectively replaced '
the professional and construction teams and have successfully moved forward toward
completion. The simple conversion of the large crawl space to a media room, while not
affecting the exterior appearance, will make a most appreciated extra space inside that
will add to the enjoyment of the home for many years.
Thank you very much for your consideration in this matter.
Best regards,
9#/~
Jeff Kaiser
cc: Dan Watrous, Planning Manager
Mohamed Sadrieh, Architect
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COMPARISON OF FLOOR AREAS, LOT SIZES AND FLOOR AREA RATIOS .
IN THE VICINITY OF 81 EAST VIEW AVENUE -
Amount
Floor Lot Floor Area Above/Below Floor Area/
Area Size Ratio F.A.R. Lot Size
Address (S.F.l (S.F.l (S.F.l (S.F.l (%l
53 East View Avenue 2,919 2,331 816 2106 125.2
59 East View Avenue 1,347 1,935 677 670 69.6
69 East View Avenue 1,387 2,400 840 547 57.8
71 East View Avenue 2,221 4,060 1 ,421 800 54.7
73 East View Avenue 2,869 5,500 1,925 944 52.2
74 East View Avenue 1,151 3,009 1,053 98 38.3
75 East View Avenue 1,751 4,300 1,505 246 40.7
76 East View Avenue 1,850 3,727 1,304 546 49.6
77 East View Avenue 1,501 3,700 1,295 206 40.6
78 East View Avenue 1,119 4,620 1,617 -498 24.2
80 East View Avenue 2,019 4,040 1,414 605 50.0
82 East View Avenu~ 1,869 4,400 1,540 329 42.5
83 East View Avenue 2,441 2,015 705 1,736 121.1
84 East View Avenue 2,869 5,500 1,925 944 52.2 .
87 East View Avenue 490 2,577 902 -412 19.0
90 East View Avenue 1,163 1,200 420 743 96.9
100 East View Avenue 2,480 2,520 882 1,598 98.4
00 Alcatraz Avenue 1,643 2,310 809 834 71.1
10 Alcatraz Avenue 2,171 7,821 2,782 -611 NA
53 Main Street 1,121 1,125 394 727 99.6
81 East View Avenue 2,369 3,881 1,358 1,011 61.0
(Proposed)
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STAFF REPORT
AGENDAITEM E6
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TO: DESIGN REVIEW BOARD
FROM: PLANNING MANAGER WATROUS
SUBJECT: 81 EAST VIEW AVENUE;.FILE #703121
, SITE PLAN AND ARCHITECTURAL REVIEW FOR THE
CONSTRUCTION OF ADDITIONS TO AN EXISTING SINGLE-FAMILY
DWELLING, WITH A FLOOR AREA EXCEPTION
MEETING DATE: SEPTEMBER 18, 2003
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PROJECT DATA:
ADDRESS:
ASSESSOR'S PARCEL:
FILE NUMBER:
PROPERTY OWNERS:
APPLICANT:
LOT SIZE:
ZONING:
GENERAL PLAN:
FLOOD ZONE:
DATE COMPLETE:
81 EAST VIEW AVENUE
60-105-51
703121
JEFFREY KAISER
MOHAMAD SADRIEH (ARCHITECT)
3,881 SQUARE FEET
R-1 (SINGLE-FAMILY RESIDENTIAL)
MEDIUM HIGH DENSITY RESIDENTIAL,
C
SEPTEMBER 2, 2003
PRELIMINARY ENVIRONMENTAL DETERMINATION
Town Planning Divi~ion Staff has made a preliminary determination that this proposal would be
exempt from the provisions of the California Environmental Quality Act (CEQA) as specified in
Section 15301
PROPOSAL
The applicant is requesting Design, Review approval for the construction of additions to an
existing single-family dwelling on property located at 81 East View Avenue. Substantial
additions to this house were been approved in 1997 under a previous Site Plan and
Architectural Review application (File #297009), which also included approval of variances for
reduced front; side and rear yard setbacks, excess building height and excess lot coverage, and
a floor area exception.
The applicant now wishes to develop previously approved crawl space within the existing
volume of the house into living area. The crawl space would be converted into a media room,
adjacent to a previously approved guest bedroom and bathroom.
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Town of Tiburon
STAFF REPORT
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The proposed additions would add 245 square feet of floor area to the existing house, resulting
in a total floor area for the house of 2,369 square feet. As the floor area ratio for a lot of this
size is 1,358 square feet (35.0%), a floor area exception is requested for the proposed addition.
Due to the long-term ongoing nature of the construction on this property and the need for a floor
area exception, this application has been referred to the Design Review Board for review.
A color and materials board has not been submitted, as the proposed addition would not change
the exterior appearance of the existing house, with the exception of one additional window
facing the rear of the property. '
ANAL YSIS
Design Issues
As noted above, the additions to the residence on this property were first approved by the
Design ,Review Board in 1997. Since that time, construction on the project has continued on an
irregular basis, imposing a very long construction period on the neighboring property owners. ,
The current property has made recent efforts to move the project through to completion.
However, these efforts have included two separate Site Plan and Architectural Review requests
for changes to the project. In addition to the current application, a Staff-level Design Review .
application (File #703063) was approved earlier this year for the construction of piers to support
the existing deck at the rear of the residence; construction of a new six foot tall retaining wall
beneath the deck; and modifications to an existing retaining wall at the front of the property to
create a larger turnout area.
AUeast one neighboring property owner has raised concerns regarding both the length of time
required for the construction of this project and the seemingly piecemeal approach to
modifications to the project. These concerns also include the removal of vegetation between
the subject house and the adjacent home at 83 East View Avenue. The original Design Review
approval for this project requires replacement planting of any vegetation removed in this area;
completion of such a requirement is usually not required by the Town until a request for an
occupancy permit has been made. Review of on-site landscaping is not part of the subject
application.
The proposed crawl space conversion would have minimal visual or privacy effects on other
properties in the vicinity. As previously noted, the only exterior change proposed as part of this
application is the installation of a single window facing the rear of the property. This window
would face to the east, across Main Street. There are no nearby residences that would be
impacted by this window.
Zoning
Staff has reviewed the proposal and finds it to be in confohTlance with the development
standards for the R-1 zone with the exception of the previously noted request for a floor area
exception.
.
J.sY111!3!T !'TO. L
p. 2 OF3
September 18, 2'
page 2of5
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Town of Tiburon
STAFF REPORT
................................
Section 4.02.08 of the Tiburon Zoning Code states that the Design Review Board may grant
exceptions to the required floor area ratio requirements if it makes the following two findings:
1. The applicant has demonstrated that the visual size and scale of the proposed
structure is compatible with the predominant pattern established by existing
structures in the surrounding neighborhood; and
2. The applicant has demonstrated that the proposed structure is compatible with
the physical layout of the site. The characteristics include, but are not limited to,
the scale of trees, rock outcroppings, stream courses, land forms, and the
dimensions of the lot
The proposed conversion of crawl space into living area would not involve any exterior
modifications, with the exception of the installation of one window. Therefore, this addition
would not alter the visual size and scale of the existing residence, or change the relationship of
the structure to the physical layout of the site.
The proposed addition would increase the floor area to 61.0% of the lot size, which is
substantially larger than the 35.0% floor area ratio for a lot of this size. Although the addition
would not have any visual impact on other homes in the vicinity, the marginal intensification of
the use of this property that would result from this addition would further the inconsistency with
the intended goal of the floor area ratio requirements to establish a reasonable relationship
between the size of a house and'its lot. The proposed floor area would be more than 1,000
square feet over the floor area ratio for this lot. In an area such as Corinthian Island where
homes and lots are generally smaller, such an overage in the amount of floor area is significant,
and would be inconsistent with the character of the surrounding neighborhood.
Public Comment
To date, no letters have been received regarding the subject application.
RECOMMENDATION
The Board should review this project with respect to Zoning Ordinance Sections 4.02.07
(Guiding Principles) and determine that the project is exempt from the provisions of the
California Environmental Quality Act (CEQA) as specified in Section 15301.
It is recommended that the Design Review Board:
1. Direct Staff to prepare a resolution denying this application;
2. ,Direct the applicant to return with modified drawings that mitigate the concerns
raised within this report; or
3.
Approve the project as proposed, subject to the attached conditions of approval.
~,,-r-,TTT.rC'''('\ '[\T (") 4
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September 18, 2'
page 3 of 5
~, 3 cF 3
6. 81 EAST VIEW AVENUE KAISER, ADDITIONIFLOOR AREA EXCEPTION
LOT SIZE
FLOOR AREA
LOT COVERAGE
BUILDING HEIGHT
SIDE YARDS
FRONT YARD
REAR YARD
V ARIANCES/EXCEPTION
JEFFREY KAISER
EXISTING PROPOSED REQUIRED
3,881 NA NA
SQ.FT.
2,124 2,369 1,358 MAX
NA NA 30.0%
, MAX
NA NA 30' MAX
NA NA 8'
NA NA 15'
NA NA 25'
FLOOR AREA EXCEPTION
.
81 EAST VIEW A VENUE
The applicant is requesting Design Review approval for the construction of additions to
an existing single-family dwelling on property located at 81 East View Avenue.
Substantial additions to this house were approved in 1997 under a previous Site Plan and
Architectural Review application, which also included approval of variances for reduced
front, side and rear yard setbacks, excess building height and excess lot coverage, and a
floor area exception. The applicant now wishes to develop previously-approved crawl
space within the existing volume of the house into living area. The crawl space would be
converted into a media room, adjacent to a previously-approved guest bedroom and
bathroom. The proposed additions would add 245 square feet of floor area to the existing
house, resulting in a total floor area for the house of2,369 square feet. As the floor area
ratio for a lot of this size is 1,358 square feet (35.0%), a floor area exception is requested
for the proposed addition. Due to the long-term ongoing nature ofthe construction on
this property and the need for a floor area exception, this application has been referred to
the pesign Review Board for review.
.
Jeff Kaiser, owner, distributed a copy of his presentation, and described the history ofthe
project before he took over the project. He stated that the required landscaping will be
installed when work on the house is done, and construction should end in four weeks.
Boardmember Figour asked how many bedrooms the house has and what will be done
with the spoils in front. Mr. Kaiser responded there are two existing bedrooms upstairs
and one existing bedroom doWnstairs. He said that the spoils are the backfill; when it is
removed, the area will be replanted.
Chris Christiansen, 83 East View Avenue, distributed documents; and stated that this
project began in 1997, and since then his property has been continually damaged. He
described a removed eucalyptus tree, broken railings and dirt around his house. He said
that conditions of approval had not been met, including a failure to plant the required
landscaping. He stated that the applicant should finish the job now and satisfy the
conditions of approval, rather than asking for more changes to the project.
.
TIBURON D.RB.
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.
Mr. Kaiser stated that he has owned the project for only two years. He stated that efforts
had been made to preserve the eucalyptus tree, but the foundation of the house required it
be removed.
Boardmember Beales stated that he was on the Board when the additions to this house
were first approved. While the current owner is not the original, the Board has concerns
about creating crawl space which result in later requests for additional living space. He
noted that the crawl space proposed to be converted into a media room was created as a
result of the 1997 approval. He noted that the original house had only 1,100 sqUare feet
of floor area, which was only 29% of the lot size; the applicant is now requesting to
increase the floor area from 55% to 61 % ofthe lot size. He said that there was some
question as to whether this additional floor areawould have been approved in 1997,
although he noted that the overall floor area did not appear to be an issue at that time.
Boardmember Figour concurred, and stated that while this is not an overly large house,
this is a very small lot. While this application could not affect the exterior design of the
house, he said that adding one more room would mean more people and more cars for
this property. He' felt that the floor area request was excessive. He noted that the crawl
space was designed to push the house high enough to allow views for its residents, not
necessarily to be lived in. He said that it was time to wrap this project up.,
Boardmember Kunzweiler concurred, stating that this is an excessive floor area
exception, and would set a terrible precedent for this area.
MIS, BealeslKunzweiler (passed 4-0) to prepare a resolution of denial for this
project.
TlBURON D.R-B.
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f. 2 or=-~
9
RESOLUTION NO. 2003-06
.
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE TOWN OF TIBURON.
DENYING A SITE PLAN AND ARCHITECTURAL REVIEW APPLICATION FOR
CONSTRUCTION OF AN ADDITION TO AN EXISTING SINGLE-FAMILY DWELLING,
WITH A FLOOR AREA EXCEPTION,
ON PROPERTY LOCATED AT 81 EAST VIEW AVENUE
ASSESSOR PARCEL NO. 60-105-51
WHEREAS, the Design Review Board ofthe Town of Tiburon does resolve as follows:
Section 1. Findings.
A.
On August 7, 2003, the Town of Tiburon received an application for Site Plan and
Architectural Review (Application #703121) to permit the construction of an addition to
an existing single-family dwelling, with a Floor Area Exception, on property located at 81
East View Avenue. The application consists of the following:
.
1. Application Form and supplemental materials received August 7, 2003; and
2. Plans and section drawings, dated August 7,2003.
B. The Design Review Board held a duly-noticed public hearing on September 18,2003, and
heard and ,considered testimony from interested persons.
C. The Design Review Board reviewed the submitted grading plans for the proposed project
in accordance with Section 4.02.07 of the Tiburon Zoning Code (Guiding Principles in the
Review of Site Plan and Architectural Review Applications). The Design Review Board
finds, based upon application materials and analysis presented in the September 18, 2003
Staff Report, public testimony, as well as visits to the site, that proposed room addition
would be inconsistent with the intended goal of the Town's floor area ratio requirements
to establish a reasonable relationship between the size of a house and its lot. The Design
Review Board also finds that the proposed floor area would result in too large a house on
too small of a lot, and would intensifY the uSe of this property in a manner that would
create unwanted impacts on the surrounding Corinthian Island neighborhood.
Tiburon Design Review Board Resolution No, 2003-06
October 2, 2003
1
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Section 2. Denial.
NOW, THEREFORE BE IT RESOLVED that the Design Revi,ew Board of the Town of
Tiburon does hereby deny this Site Plan and ArchiteCtural Review application, for the reasons set
forth above.
, PASSED AND ADOPTED ~t a regular meeting ofthe Design Review Board of the Town
ofTiburon on October 2, 2003, by the following vote:
AYES: BOARDMEMBERS:
TEISER, BEALES AND FIGOUR
NONE
NOES: BOARDMEMBERS:
ABSENT: BOARDMEMBERS:
KUNZWEILER
ABSTAIN: BOARDMEMBERS:
NONE
.-- .
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BILL TEISER, VICE-CHAIRMAN
TIBURON DESIGN REVIEW BOARD
ATTEST:
l)~#.~J
DANIEL M. W ATRODS, PLANNING MANAGER
H :dwatrouslResolutionsIDRB703121.resolution,doc
Tiburon Design Review Board Resolution No. 2003-06
October 2, 2003
2
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Dan Watrous
Page 1 01 1
From: Cindy Ludwig [cindyludwig@sseworks.com]
Sent: Wednesday, October 29, 20031 :29 PM
To: Dan Watrous
Cc: J1; Jeff Kaiser
Subject: November 5th Town Council meeting...
Dan Watrous
Planning Manager
415-435-7393
fax: 415-435-2438
re: Floor Area Exception to 81 East View Ave, Tiburon, CA, parcel #60-105-51
Dear Dan-
My husband (Gerald Ludwig) and I (Cindy [Booe]Ludwig) own the house at 80 East View Avenue, Tiburon, CA.
This
house is directly across the street from Mr. Jeffrey Kaiser's at 81 East View Avenue.
We supportMr. Kaiser's application to construct an addition to the existing single-family dwelling.
We are unable to attend the hearing to consider Mr. Kaiser's appeal. Please accept this letter as our support in
his endeavour.
If you have any questions, please contact either myself or my husband at 321-795-3638.
Thank you for your attention to this matter.
Cindy Ludwig
cc: Jeff Kaiser
cc: Jerry Ludwig
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Town of Tiburon
STAFF REPORT
AGENDA ITEM / {p
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TO:
MAYOR & MEMBERS OF THE TOWN COUNCIL
ANN R. DANFORTH, TOWN ATTORNEY
SCOTT ANDERSON, DIRECTOR OF COMMUNITY
DEVELOPMENT
BRIAN M. STOTT, ADMINISTRATIVE & FINANCIAL ANALYST
SUBJECT: INTRODUCTION OF AMENDED ANIMAL CONTROLmNANCE
MEETING DATE: NOVEMBER 19, 2003 REVIEWED BY: ~
FROM:
. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .
BACKGROUND
The Town of Tiburon is obligated under state lawto provide animal control services, and
does so under a cooperative arrangement with other Marin County agencies which
adopt common regulations and fees. The County of Marin contracts on behalf of all of
the municipalities within Marin County with the Marin Humane Society for provision of
countywide animal control services.
On June 6, 2003, the Marin County Board of Supervisors adopted an amended Animal
Services Ordinance that included both revised text provisions and fee modifications.
Fees were increased based on recommendations from the Marin Humane Society and
to better reflect the actual cost of administering the animal control services. The County
of Marin has requested that all municipalities in Marin County adopt the amendments as
soon as possible.
The proposed ordinance before the Town Council would repeal and replace the Town's
existing Chapter 20 (Animals & Fowl) in its entirety. In the past, the Town has adopted
provisions of the County of Marin Code regarding animals simply by reference. The
proposed ordinance would no longer adopt the County's regulations by reference, but
would instead adopt them substantially in whole. Town staff agrees with County of
Marin staff that this is the proper approach, both for legal reasons and to promote easier
enforcement.
In addition to this change, there are several other changes that are addressed in further
detail in the attached summary of the changes to the ordinance. The draft ordinance
under consideration does not include specific fines for violations, but staff will be bringing
forward a separate resolution at the second reading of this ordinance regarding the
establishment of fines and a fee schedule related to animal control services.
Tiburon Town Council
Staff Report
11/19/2003
Town of Tiburon
STAFF REPORT
. . .. . .. . . . . . .. .. .. .. .'. . .. .. .. .. .. . .. . .. .. .. .. .. .. ..
DISCUSSION OF ISSUES
A summary of the changes to the Town's existing animal control regulations is attached as
Exhibit 1. This exhibit also contains a detailed description of the changes already adopted by
the Board of Supervisors. The proposed ordinance is attached as Exhibit 2 and the existing
Chapter 20 is attached as Exhibit 3.
Doas on Leash Issue
The Town's current municipal code provision (Section 20-3) requires dogs to be kept on
a leash only in the following list of places:
~ Richardson Bay Lineal Park Multi-use Path
~ McKegney Green
~ South of the Knoll Park
~ Shoreline Park
~ Any street, sidewalk, or parking lot in the downtown area
The leash must be "of sufficiently short length to enable [a person] to maintain constant .
control over such dog". In all other places, the requirement is that "Dogs shall at all
times be kept under the immediate control and direction of a responsible person". Dogs
not under such immediate control and direction are considered to be "running at large",
which constitutes a violation of the ordinance in all places generally open to the public.
The proposed ordinance would modify the existing provisions by adding "Zelinsky Park",
"Railroad Marsh", and "commercial districts" to the list of leash-required areas. Staff has
attempted to better describe the various parks included in the list to facilitate
enforcement. '
The Town Council has previously indicated a desire to review the Town's leash laws,
specifically with respect to dogs on the Town's open spaces. One possibility was to
adopt leash regulations similar to those of the Marin County Open Space District
(MCOSD), which allow dogs to be off-leash only on "fire protection roads" within the
open space area. It was believed that identical leash regulations would reduce
confusion for persons walking dogs on open spaces under different ownership on the
Tiburon Peninsula.
Staff has reviewed the open space map and determined that there are two Town-owned
open space areas where enforcement would be meaningfully affected by changing the
Town's leash regulations. These are: 1) Middle Ridge open space parcels in the vicinity .
of Gilmartin Drive and the fire road extending from Hacienda Drive, and 2) the "Atkinson"
open space parcel on the slopes of Ring Mountain above Turtle Rock Court and Reed
Tiburon Town Council
Staff Report
November 19,2003
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Town ofTiburon
STAFF REPORT
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Ranch Road. While the Atkinson open space parcel is contiguous with MCOSD
holdings at the Ring Mountain Nature Preserve, the Middle Ridge open space parcels
are neither contiguous nor close to any MCOSD lands.
The Tiburon Police Department reports very few complaints about dogs being off-leash
in the open spaces, except when such dogs accost people, in which case another
provision of the code (section 20-2.181 [potentially dangerous dogs]) would be
applicable.
Staff recommends that the Town's leash provisions remain essentially unchanged
except,tor the minor revisions/clarifications described above.
Reaulation of Larae Animals and Animals Associated with Aaricultural Uses
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The proposed ordinance seeks to clarify and incorporate provisions contained within the
Zoning Ordinance (Municipal Code Chapter 16) relating to the keeping of animals. All
large animals (cows, horses, llamas, pigs, etc.) will require a conditional use permit [this
reflects current provisions of the Zoning Ordinance]. Refer to Exhibit 4 for a list of
relevant definitions from the Zoning Ordinance.
The Zoning Ordinance is subject to different interpretations regarding the keeping of
small animals such as dogs, cats, poultry, and bees. The Town's long-standing'
interpretation is that the keeping of more than three such animals constitutes a "kennel",
in which case a use permit is required. Under this interpretation, every home could have
up to three small animals without the need for a use permit. Over the years, the Town
has received very few complaints regarding the keeping of small animals, and it has not
been an issue of note. Staff does beli,eve that there are several households in Tiburon
where small numbers of chickens are kept, although their precise location is not known
to Staff. Staff is not aware of any bee-keeping operations within the Town at this time.
It is likely that hundreds of homes in Tiburon contain more than three small animals.
Staff believes that this interpretation is perhaps inappropriate for the community.
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Another possible interpretation of the Zoning Ordinance is that the keeping of poultry,
bees, or other animal husbandry constitutes "agricult!Jre" as defined therein. Since the
Town eliminated the last of its A-2 (Agricultural) zones in 1990, there is currently no zone
in which "agriculture" is a permitted use, meaning that a conditional use permit is
required for any poultry. The proposed ordinance is,crafted to reflect this interpretation
of the Zoning Ordinance, meaning that any newlv-established ,poultry-raising, bee-
keeping, or other animal husbandry uses would require a conditional use permit. Any
existing poultry-raising uses would become legal non-conforming uses.
Staff recommends that the latter interpretation of the Zoning Ordinance be accepted for'
the purposes of this Animal Control Ordinance, and that the Zoning Ordinance be
Tiburon Town Council
Staff Report
November 19, 2003
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Town of Tiburon
STAFF REPORT
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modified accordingly to remove its potential internal inconsistencies with respect to
regulation of animals and to be consistent with Chapter 20.
FISCAL IMPACT
The proposed fee increases will only take effect once all Marin cities and towns have
adopted the new fees. The total estimated annual revenue increase would be
approximately $80,000 and would be credited to all participating cities and towns
according to an established formula in the cooperative agreement. Since Tiburon pays
approximately 4.5% of the animal control service costs based on its pro rata share (tied
to population and calls for service), the Town can expect about a $3,600 annual
reduction in its general fund subsidy for animal control services based on the increased
fees. The Town's estimated cost for animal control services in the current budget is
$63,400.
RECOMMENDATION
Staff recommends that the Town Council:
1. Hold a public hearing on the draft ordinance.
2. Discuss any provisions which the Town Council views as issues.
3. Move, second, and pass a motion to read the ordinance by title only.
4. Hold a roll call vote on introduction and first reading of the ordinance.
The item would then return to the Town Council for second reading and adoption on
December 3,2003. "
EXHIBITS
1. Ordinance Summary
2. Proposed Ordinance
3. Current Chapter 20 of the Tiburon Municipal Code
4. Selected definitions from the Zoning Ordinance
Tiburon Town Council
Staff Report
November 19, 2003
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ORDINANCE SUMMARY
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REPEALING
CHAPTER 20 (ANIMALS AND FOWL) AND ADOPTING A NEW CHAPTER 20
(ANIMALS) OF THE TIBURON MUNICIPAL CODE ADDRESSING ANIMALS
On November 19, 2003 and December 3, 2003, the Town Council of the -Town of
Tiburon will consider for adoption an ordinance providing for substantial modifications to
Chapter 20 of the Tiburon Municipal Code regarding the regulation of animals. The
ordinance sets forth certain desirable changes in the language of the ordinance based upon
the findings of Town of Tiburbn staff, the Marin Humane Society, and the County Counsel's
Office of the County of Marin. Following is a summary and description of the proposed
changes:
A. The Town of Tiburon currently adopts by reference numerous sections of the Marin
County Code regarding regulation of animals. The proposed ordinance Would no longer
adopt said county regulations merely by "reference", but would adopt them substantially in
whole.
B. The Town has made the following summarized changes to its pre-existing animal
regulations, separate from those previously adopted by reference from the County:
Definitions have been added for "Commercial district", "Downtown area", "Large
animal", and "Public place".
Provisions from the Zoning Ordinance have been incorporated that note the
requirement of a conditional use permit for the keeping of any large animal, including
horses; cows, goats, pigs, and sheep.
Provisions from the Zoning Ordinance have been incorporated that note the
requirement for a conditional use permit for "agriculture" uses such as the keeping of
poultry, livestock, or bees.
Zelinsky Park and Railroad Marsh have been added to the list of specific places
where dogs are required to be on a leash.
C. The County of Marin recently amended its animal regulations and, has requested all
municipalities in Marin County to adopt these changes for consistency of application
throughout the county. A summary description of changes to the County-referred
regulations is as follows:
Certain terms have been routinely replaced throughout. References to an animal's
"owner" have been substituted with "owner/guardian." "References to "animal control" have
been substituted with the term "animal services." References to "humane society" have
been 'occasionally substituted with "designated animal services provider." References to
m.........i'r'1F'i;r-'-.' --:,... L
.IIr,'~ 'I'.' "'"". ~.Ji'-': ;',lIi ,
-::...-......Ji.~J.:1... ~ .i..~' ~,-. ' .',
"neutered and spayed" have been substituted with "sterilized." References to "poundkeeper" .
have been replaced with the term "Animal Services Agency." In addition, some section
subdivisions have been re-numbered or re-Iabeled with lower case labeling for internal style
consistency within the Tiburon Municipal Code. Specific references in the code to "dairy"
have, on occasion, been replaced with more general adjectives such as "agricultural" or
"livestock." Furthermore, throughout the regulations, references to various specific service
fees formerly found within the Code are now referenced as fees that "may be established by
separate resolution of the Town Council." Similarly, specific fees regarding delinquency
charges and eligibility for reduced fees will also be addressed in a separate (uncodified) fee
ordinance.
Addressing some of the more significant changes to the regulations, the term
"owner/guardian" in 20-1.002(1) means any person who has the legal responsibility and
rights of an owner/guardian after keeping or harboring an animal for 15 or more days,
except a veterinarian or an operator of a kennel engaged in the regular .practice of this
business. The use of the word "guardian" for all legal intent and purposes has the same
meaning and effect as the term "owner" with respect to all federal, state, and county law,
current and/or as modified. "Pet shops" are no longer exempted from the term
"owner/guardian" which had been the casewhen Chapter 20 utilized the term "owner."
The term "Ranch dog permittee" under section 20-1.002(n) has eliminated specific
references to various agricultural pursuits in favor of broader terms such as "personal,
recreational, or noncommercial purposes" alone.
.
The licensure periods set forth under .20-2.030 previously offered more alternative
times within w~ich to license dogs older than four months old. Now they will have to be
licensed within 30 days after the day upon which the dog is four months old, or within 30
days after the day upon which the dog, if over the age of four months, is first obtained by a
residentof the county.
In 20-2.040, the exemption from rabies vaccination where state law did not require
the vaccination of dogs against rabies has been eliminated. Section 20-2.041 addressing
rabies vaccination for cats has been merged with 20-2.040 with certain specific cat related
provisions relating to the purpose for cat vaccination being eliminated. In addition, 20-2.045
regarding "Sale or gift of dog" has been deleted from the Code. The definition of the term
"service dog" within 20-2.100 has been eliminated together with other wording changes.
Section 20-2.120 has been amended to expand the duties of the Animal Services
Agency to provide what is termed "services" rather than mere "control" and to make the
provision of "humane care and treatment" the focus of the powers and duties of the Agency
rather than mere provision of "sufficient food and water." That provision has also been
amended to add subsection U) to require the Agency to perform services related to public
records in the same manner as employees of the Town of Tiburon.
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Section 20-2.122 has' been amended to simplify some of the notice requirements
where the owner is unknown. Section 20-2.130 now provides one more day for the
redemption of unidentified and identified stray animals whether they are cats or dogs.
Unidentified stray animals shall be held for redemption for five working days (instead of four
. working days) and identified stray animals will be held for 8 working days (instead of seven
working days).
Section 20-2.140 has been amendedto require all charges on an impounded animal
,to be paid prior to redemption of the animal.
Section 20-2.181 (c )(5(i) has been amended to provide a more complete recitation
of the hearing officer's powers regarding the admissibility of evidence at the hearing
provided for potentially dangerous or vicious dogs.
Section 20-2.181(m) has been omitted since it is no longer legally relevant since the
. transition into the current statutory scheme is now 15 years old.
, Section 20-2.220 has been streamlined with reference to fees, as noted earlier,
being made in a separate uncodified ordinance.
Section 20-2.226 is a new provision prohibiting the intentional feeding or provision of
food for certain non-captive wild/and/or undomesticated animals, including, but not limited
to, coyotes, mountain lions, foxes, bobcats, raccoons, skunks, opossums, and turkeys. The
provision does not apply to persons legally engaged in trapping wild animals with bait.
Section 20-2.230 has been substantially changed with regard to animal exhibits.
Section 20-2.241 is a new provision establishing hearing procedures regarding
permits for the use of animals in exhibits. A request for hearing must be in writing and filed
with the Animal Services Agency no later than seven days following the decision's
transmittal. The hearing shall be set no later than ten days after receipt of the request.
The hearing provisions for dog hobbyist permit issuance, revocation or modification
under 20-2.245(c) have been modified to include the option of mediation as well as an
adversary hearing and more time (30 days) to file the request for hearing/mediation.
A certified copy of the full text of the proposed ordinance is on file and available for public
review in the office of the Town Clerk at Tiburon Town Hall, 1505 Tiburon Boulevard,
Tiburon, CA.' Copies of the proposed ordinance may also be purchased. Questions
regarding the proposed ordinance should be directed to Scott Anderson, Director of
Community Development, at (415) 435-7392;
LEGAL NOTICE----PUBLlSH ONCE IN THE ARK ON NOVEMBER 12, 2003
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ORDINANCE NO.
N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
REPEALING CHAPTER 20 (ANIMALS & FOWL) OF THE TIBURON TOWN CODE
AND ADOPTING A NEW CHAPTER 20 (ANIMALS) OF THE TIBURON TOWN'CODE
WHEREAS, Chapter 20 of the Tiburon Municipal Code sets forth certain
regulations regarding animals; and
WHEREAS, the Town of Tiburon is obligated under state law to provide animal
control services, and dpes so under a cooperative arrangement with other Marin County
agencies which adopt common regulations and fees; and
WHEREAS, animal control services for the Town of Tiburon and other Marin
County agencies are provided by the Marin Humane Society pursuant to a contract with
the County of Marin; and
WHEREAS, the County of Marin has revised its Animal ServiCes Ordinance and
fee schedule; and
WHEREAS, the Town Council of the Town ofTiburon desires to adopt the
revisions to Chapter 20 of the Tiburon Municipal Code in order to'incorporate the
revisions to the County of Marin Code and to allow for the uniform regulation of animal
control services countywide; and '
WHEREAS, the Town Council of the Town of Tiburon desires to clarify and make
this Chapter 20 consistent with certain existing regulations contained withi':l the Tiburon
Zoning Ordinance that pertain to keeping of animals; and
WHEREAS, the Town Council hereby adopts this ordinance in order to promote
and protect the public health, safety, and general welfare.
NOW, THEREFORE, the Town Council of the Town of Tiburon does ordain as
follows:
Animal Services Ordinance (Chapter 20) ofTiburon Municipal Code
Draft 11/7/2003
"R'\t1::fT'T"3. 1''1''' ,T(\ 1 1\
-...-....- ............\ _.~
SECTION 1. CHAPTER 20 REPEALED.
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Chapter 20 of the Tiburon Municipal Code (Animals & Fowl) is hereby repealed
in its entirety.
SECTION 2. CHAPTER 20 (ANIMALS) ADDED.
, ,Chapter 20 (Animals) is hereby added to the Tiburon Municipal Code to read as
follows:
Chapter 20
ANIMALS
Article 1 In General.
20-1.001
Short Title.
This chapter shall be known and may be referred to in all proceedings as the
ASO (Animal Services Ordinance).
20-1.002
Definitions.
.
For the purposes of this chapter, the following words and phrases are defined
and shall be construed as hereinafter set forth unless it is stated a different meaning is
intended.
(a) "Animal Services Agency" means the agency appointed in Section 20-2.110 to
implement and enforce portions of this Chapter.
(b) "Commercial animal establishment" means any location where the business of
grooming, buying, selling, bartering, training, renting or boarding of dogs, cats, wild
animals, domestic animals or fowl is conducted. This definition shall not. apply to:
(1) Buying or selling livestock for agricultural purposes;
(2) Livestock establishments;
(3) Buying and selling of dogs by dog hobbyists;
(4) Buying and selling of dogs by ranch dog permittees;
(5) Business activities of a duly licensed veterinary hospital;
(6) Training facilities where owners are trained to handle their own pets; ,
(7) Town designated 'animal services provider:
(c) "Commercial district" means any property zoned for commerCial and/or office uses
as set forth on the Town of Tiburon Zoning Map pursuant to Section 16-2.16 of the
Tiburon Municipal Code.
Animal Services Ordinance (Chapter 20) of Tiburon Municipal Code Draft 11/7/2003
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(d) "County" means the County of Marin.
(e) "Dog" means any animal that is a member of species canis familiaris four months
old or older.
(f) "Dog hobbyist" means any person who keeps, within or adjoining a private residence,
four or more dogs for personal, recreational and noncommercial purposes who has
secured a permit for such activity in accordance with the provisions of Section 20-
2.245.
(g) "Dog license" means the license required to be annually issued for each individual
dog.
(h) "Downtown area" means all that area bounded by, and including, Mar West Street to
the north and west; Upper Main Street and the City of Belvedere boundary line to the
south; and San Francisco Bay to the east.
(i) "Large animal" means any cloven-footed or hoofed animal, including without
limitation, any cow, goat, sheep, pig, llama, or member of the horse family.
0) "Licensed dog" means any dog for which the license for the current year has been
issued and to which the tag is properly displayed.
(k) "Owner/guardian" means any person who has the legal responsibility and rights of
an owner/guardian after keeping or harboring an animal for 15 or more days, except
a veterinarian or an operator of a kennel engaged in the regular practice of this
business. The use of the word "guardian" for all legal intent and purposes has the
same meaning and effect as the term "owner" with respect to all federal, state, and
local law, current and/or as modified. .
(I) "Poultry" means any chicken, rooster, turkey, duck, goose, or other domesticated bird
that is commonly associated with the production of eggs or meat.
(m) "Public place" means any and all areas that are open for public use whether or not
such area is in public or private ownership. The term "public place" as used in this
Chapter shall include, without limitation and without regard to whether such property
is publicly or privately owned, streets, sidewalks, pathways, parks, pedestrian ways,
schoolyards, beaches, and parking lots.
(n) "Ranch dog permittee" means any person who owns or keeps within or adjoining a
residence, building, lot or area which is zoned for agricultural uses under Chapter
16, Article II of the Tiburon Municipal Code, four or more dogs for personal,
recreational, or noncommercial purpose~.
20-1.003
Use Permit Required----poultry, livestock, bees.
Unless legally established prior to [the effective date of this ordinance], the
keeping of poultry, livestock, or bees is deemed "agriculture" as defined in Section 16-
1.5 of the Tiburon Municipal Code and shall require a conditional use permit pursuant to'
Section 16-4.4 of the Tiburon Municipal Code.
. Animal Services Ordinance (Chapter 20) of Tiburon Municipal Code Draft 11/7/2003
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20-1.04
Use permit required----Iarge animals.
The keeping of any large animal on a lot or premises shall require a conditional
use permit pursuant to Section 16-4.4 of the Tiburon Municipal Code. Refer to Article V
of this Chapter for specific regulations regarding horses.
20-1.005
Penalty for Violations.
Except where otherwise provided, any person violating any of the provisions of
Section 20-2.179 [barking dogs], 20-2.180 [trespassing animals], 20-2.181 [dangerous
dogs], 20-2.225 [big cats], 20-2.230 [animal exhibits], 20-2.240 [commercial animal
establishments], 20-2.245 [dog hobbyists] and 20-2.246 [ranch dog permittees] of this
Chapter is guilty of a misdemeanor, and upon conviction thereof shall be punished by a
fine not to exceed one thousand dollars, by imprisonment in the county jail for not more
than six months, or by both such fine and imprisonment.
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Unless iotherwise specified herein, any person violating any other provision of
this Chapter shall be guilty of an infraction. In addition to all other remedies available
under this Chapter, under Chapter 31 of this Code, or under state law, any violation of
this Chapter shall be subject to abatement as a public nuisance. All costs relating to
enforcement of this Chapter shall be borne by and recoverable from the person in
violation thereof. .
Article II. County of Marin Referred Regulations
20-2.030
Dog Licenses Required----Periods.
Every owner/guardian of adog which is over the age of four months and which is
kept in the Town shall procure a license for each such dog, for each year, commencing
with the date of the rabies vaccination of the dog and expiring the year following the
date of issuance of such license. Such license shall be procured within thirty days after
the day upon which the dog is four months old, or within thirty days after the day upon
which the dog, if over the age of four months, is first obtained by a resident of the Town
and thereafter shall be maintained on a current basis from year to year.. Dog
owner/guardians may, with proof of multi-year rabies vaccination, choose to obtain
licenses for one, two or three years, with final expiration to coincide with the expiration
of the rabies vaccination.
20-2.040 Rabies vaccinations, veterinarian reporting requirements.
(a) Whenever the laws of this state require vaccination of dogs against rabies, no
license shall be issued for any dog required to be vaccinated until the issuing
authority is given satisfactory written evidence of compliance under such law.
Animal Services Ordinance (Chapter 20) of Ti~uron Municipal Code Draft 11/7/2003
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(b) All cats shall be vaccinated against rabies. Any person in possession, control, or
ownership/guardianship of any cat shall have that cat vaccinated against rabies.
(c) Any veterinarian operating either at an established place of business or at a
mobile clinic shall provide a copy of a rabies vaccination certificate for any cat or
dog vaccinated by him/her to the Animal Services provider within ten days of
vaccination.
20-2.050 Confinement and quarantine.
The owner/guardian of a quarantined animal shall pay a fee as set forth by
separate resolution of the Town Council toward the animal services' costs in providing
and insuring that the animal is properly quarantined. If any person fails or refuses to
obey any lawful order for quarantine of an animal for rabies observation, any animal
services officer may impound the animal for such quarantine at additional expense to
the owner/guardian at the rate as may be established by separate resolution of the
Town Council. Quarantine fees are payable within thirty days of issuance of an invoice.
Payment is delinquent if not received within sixty days.
20-2.060
License fee.
(a) A dog license fee shall be imposed on all dogs. The license fee for dogs, which
have not been sterilized shall be established by separate resolution of the Town
Council.
(b) The license fee for dogs which have been sterilized shall be established by separate
resolution of the Town Council. The fee is due and payable with the issuance of a
license as required in Section 20-2.030.
20-2.070 Delinquent license penalty.'
Any owner failing to procure and pay for such license within the period allowed in
Section 20-2.030 shall pay a delinquent penalty in the amount set forth by separate
resolution of the Town Council. The delinquent penalty may be waived where failure to
pay is due to reasonable cause and circumstances beyond the contro.1 of the dog
owner/guardian which shall be determined by the Animal Services Agency or the Town
Manager. Any person dissatisfied with a determination denying waiver of the delinquent
penalty shall be entitled to a hearing which shall be conducted pursuant to, the
provisions of Section 20-2.122.
20-2.080 Duplicate license tags.
If a license tag is lost, a duplicate tag may be acquired by the payment of a fee
as may be established by separate resolution of the Town Council.
. Animal Services Ordinance (Chapter 20) of Tiburon Municipal Code Draft 11/7/2003
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20-2.090 Display of License tags. .
The license tag shall be attached securely to a collar or harness or other suitable
device on the dog for which it was issued at all times that the dog is in the public areas
of the Town. The person in control of the dog shall show the license certificate or tag
upon demand by a representative of the Animal Services Agency at any time.
20-2.100 Exceptions.
Any dog bred, raised, or providing service as a guide or service dog is exempt
from .the license fee but is not exempt from being licensed or from any required
vaccination. The provisions of Section 20-2.030 shall not apply to any dog in the
custody or care of a nonresident of the Town or temporarily therein for a period not
exceeding thirty days.
20-2.110 Animal services officer -Appointment.
The Marin Humane Society is hereby appointed as the Animal Services Agency
for the Town, and shall appoint suitable persons to act as Animal Services Officers. All
Animal Services Officers shall, for the purpose of enforcing this chapter, be deemed to
be peace officers.
20-2.120 Animal Services Agency and its Animal Services Officers - Powers
and duties.
The powers and duties of the Animal Services Agency and Animal Services Officers .
shall be as follows:
(a) To enforce all provisions of this chapter and all the laws of the state of California
relating to the care, treatment, and impounding of animals, and specifically to issue
citations and to make arrests for violations of the provisions of this chapter and
related state laws;
(b) To provide an animal shelter for all animals which are subject to impoundment.
Animals shall be provided with humane care and treatment, including veterinary
care when appropriate, throughout the duration of their impoundment consistent
with state laws and local ordinances;
(c) To take up, impound and safely keep any animals where authorized under the
provisions of this chapter or the laws of this state;
(d) To collect any costs or charges hereinafter provided in this chapter for the
impounding and keeping of any animal;
(e) Where authorized under the provisions of this chapter or. the laws of this state, to
enter upon any premises upon which any animal is kept for the purpose of taking
up, seizing or impounding of any animal or for the purpose of determining whether
such animal is licensed or is violating the provisions of this chapter;
(f) To euthanize any animal lawfully impounded which by reason of injury, disease or
temperament is unsuitable for adoption placement;
Animal Services Ordinance (Chapter 20) of Tiburon Municipal Code Draft 11/7/2003
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(g) To enter upon any private or public property in order to pick up and dispose of any
dead animal;
(h) To destroy or dispose of any animal where authori,zed pursuant to the provisions o.f
this chapter; -
(i) To make determinations in accordance with the provisions of this chapter;
U) To perform any and all services related to public records (handling, retention and
availability) in the same manner as employees of the Town regarding the handling of'
what would be public records if prepared, retained or distributed by Town
employees.
20-2.122 Hearings.
The Town Manager or his/her designee, is authorized to conduct hearings in all
cases authorized by the provisions of this chapter. Written notice of the time and place
of the hearing shall be given to the animal owner/guardian at least ten days prior to the
date set for hearing, unless the animal owner/guardian expressly requests, in writing,
that the hearing be set for an earlier date, and the Animal Services Agency agrees to
do so. Service of the notice shall be made in accordance with the provisions of Section
1-7 of the Tiburon Municipal Code: If the owner/guardian of the affected animal fails to
appear at the hearing, the hearing shaH nevertheless proceed, and an appropriate order
shall be issued in accordance with the provisions of this chapter. '
. 20-2.130 Disposition of animals by Animal Services Agency.
Except where otherwise provided in this chapter, the Animal Services Agency shall
keep any animal impounded for violation of the provisions of this chapter or .
relinquished for the period of time hereinafter specified and shall determine the final
disposition of the same in accordance with the following provisions:
(a) Unidentified Stray Animals. All impounded unidentified stray animals shall be held
for redemption for five working days. The stray holding period shall not include the
day upon Which ~he animal was impounded, days the animal shelter is closed or
holidays. At the end of the stray holding period, the Animal Services Agency shall
determine the final disposition of the animal, which may include adoption,
redemption or eqthanasia. .
(b) Identified Stray Animals. All impounded stray, animals where an owner/guardian is
known shall be held eight working days. The stray holding period shall not include
the day upon which the animal was impounded, days the animal shelter is closed or
holidays. At the end of the stray holding period, the Animal Services Agency shall
determine the final disposition of the animal, which may include adoption,
redemption, or euthanasia. The Animal Services Agency shall notify the
owner/guardian by mail at the last known address of the animal being impounded.
Notice of impoundment shall be given to the animal owner/guardian within 24 hours
of impoundment.
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Animal Services Ordinance (Chapter 20) ofTiburon Municipal Code Draft 11/7/2003
7
(c) .Release of dogs and cats. All dogs four months old and older shall be released to
their owner/guardians with a current dog license. All cats four months old and older
, shall be released to theirowner/guardians with proof of a current rabies vaccination.
(d) Sterilization of Animals Released for Adoption. No dog or cat shall be released for
adoption without being sterilized.
(e) The Animal Services Agency shall follow all laws of the State of California
concerning holding periods and final disposition of animals.
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20-2.140 Redemption of impounded animals.
Except where redemption is not permitted by this chapter, redemption of an
impounded animal by the owner/guardian shall be made by exhibiting to the Animal
Services Agency proof of the owner/guardian's identity and any required license
certificate, tag, or other satisfactory proof of custody. All charges provided for under
Section 20-2.150 must be paid to the Animal Services Agency prior to the animal being
redeemed. If such animal is released to a person other than the owner/guardian, the
owner/guardian of such animal may, at any time within thirty days, request the Animal
Services Agency to return the animal to the owner/guardian. All costs of impoundment,
including charges for boarding, shall be collected prior to the animal being released to
the owner/guardian. No person may redeem an animal under this section if he or she
was given written notice of such impoundment by the Animal Services Agency and
failed for a period of eight days after the mailing of such notice to redeem such animal
from impoundment.
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20-2.150 Fees for redemption, placement, surrender.
(a) Redemption Fees. No animal may be released by the Animal Services Agency to
the owner/guardian untilall appropriate charges have beenpaid. The redemption
fee for an impounded animal shall be established by separate resolution of the
Town Council.
(b) Boarding Fees. The Animal Services Agency shall collect boarding fees for dogs
and cats as may be established by separate resolution of the Town Council. Fees
for livestock shall be collected pursuant to Section 20-2.220. ,
(c) Veterinary Fees. The Animal Services Agency shall collect all fees associated with
veterinary care provided to any impounded animal.
(d) Surrender. Animals surrendered by their, owner/guardians subsequent to
impoundment for a violation of this chapter or 'any provisions of state law shall not
relieve the owner/guardian of the obligation. to pay such charges as set forth by
separate resolution of the Town Council, prior to such surrender.
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,
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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 wheresigns;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 shall be entitled to take such other action as may be
reasonably necessary for the protection of wildlife.
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
propertynotowned 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 or person entitled to the use or possession of
such lands.
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 Richardson Bay Lineal Park Multi-Use Path
(former railroad right-of-way), 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 the grassy area and
playgrounds located in the Richardson Bay Lineal Park immediately
southeast of the prominent knoll near the public street known as Pine'
Terrace;
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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;
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;
Any street, sidewalk or parking lot in the downtown area, as that term is
defined in Section 20-1.002;
Any commercial district, as that term is defined in Section 20-1.002.
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e)
f)
g)
20-2.177 Control of dogs by responsible person----General
Except as provided in Section 20-2.175, dogs shall at all times be kept under the
immediate control and direction of a responsible person. Any dog which is not subject
to such control and direction may be seized and impounded.
20-2.179
Prohibition of habitual animal noise which unreasonably disturbs the
peace.
.
(a) Subject to the provisions of subsections (b), (c), and (d) of this section, it
is unlawful for any person to suffer or permit any dog, cat, fowl, or other animal to
habitually bark, yelp, howl or create noise in such a manner which unreasonably
disturbs the peace of any person(s).
(b) Any person who shall keep or permit to remain on any premises, an
animal which disturbs the peace of any person in the manner set forth in subsection (a)
of this section shall be guilty of an infraction for a first offense and for a subsequent
second offense as provided in Section 20-2.260(b). Notwithstanding the foregoing, the
Town Attorney may prosecute any person found in violation of this subsection for a third
or additional offense with commission of a misdemeanor. An animal kennel regulated
by a use permit under the provisions of the Tiburon Municipal Code shall not be subject
to the provisions of this section. This section shqll not apply to customary animal noises
of livestock, horses or other animals kept for agricultural activities in areas including but
not limited to farms, ranches and stables which are zoned or legally permitted for such
purposes.
(c) Except as otherwise provided in subsection (d) of this section, the police
upon receipt of a documented complaint affirming that a violation as declared in this
section exists, may notify the keeper of the offending animal and direct that such
violation be abated. If the police receive a second complaint from any person within
thirty days of the notice of complaint of an additional violation by the animal, then the
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police may issue a citation. Before issuing a citation the police shall obtain a
documented complaint which shall include the identification of the complainant and
information setting forth the basis for the complaint Whenever possible, the police may
recommend.theservicesofcounty mediation to the complainant and the keeper ofthe
animal asa means of resolving the animal nuisance noise. Mediation is voluntary and
both parties must agree in writing within ten business days of the complaint or citation.
Mediation must then be concluded within thirty business days of the agreement to
mediate. If mediation is refused by either party or is unsuccessful at the end of the thirty
business days, then the direction that violation be abated shall remain. .
(d) The police may cause an animal to be immediately taken into protective
custody by the Animal Services Agency and/or issue a citation with a documented
complaint if it is determined by the police after investigation of the complaint and
interview of the complainant and the keeper, if he or she can be located, that the noise
created by the animal cannot be abated or quieted so that it continues to disturb the
peace of the complaining person(s). The animal may then be taken into protective
custody if the police determine it can be accomplished without unreasonable risk of
injury or damage to the involved parties, the animal or private property. If an animal is
taken into protective custody, the police shall immediately provide written notice
conspicuously posted on the property from which the animal has taken, or by personal
service, to the owner or keeper. This notice shall include the conditions under which the
animal was taken, how the animal can be redeemed and the provisions for a hearing
under subsection (e) of this section. Within twenty-four hours, notice shall also be given
in accordance with Section 1-7 of the Tiburon Municipal Code. Where the
owner/guardian or address is unknown, notice ofthe hearing shall be given by posting
the same in the office of the police and by publication in a newspaper of general
circulation. Notice shall then be deemed given on publication of the notice. An animal
placed under protective custody under this section may be redeemed by the.
owner/guardian provided there is presented to the Animal Services Agency proof of the
owner's identity and any required license certificate or license tag or other satisfactory
proof of owner/guardianship and by paying the charges referenced under Section 20-
2.150 and the fees that may be established by separate resolution of the Town Council
in reference thereto. Any animal taken into custody under this section may be released
by, the Animal Services Agency to a person ot~er than the owner or keeper, if the
animal is not redeemed within thirty days except when the seizing agency notifies the
Animal Services Agency that owner/guardian is unavailable due to physical absence or
otherwise unable to redeem the animal.
(e) ,The owner or keeper of an animal taken into protective custody under this
section shall be entitled to a hearing conducted by a hearing officer designated by the .
Town Manager or his/her designee pursuant to the provisions of Section 20-2.181 (f)(4).
The hearing shall be conducted for the purpose of determining whether the taking of the
animal into protective custody was proper. The hearing shall be held within ten
business days following the taking of the animal into custody provided such
owner/guardian files a written request for a hearing with the police within five business
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days following written notice. The hearing shall be conducted in accordance with the .
provisions of Sections 20-2.181(f)(7), (8), (9) and (10). Unless the hearing officer
", otherwise determines, the owner/guardian is liable for all charges related to such taking
ofthe animal into protective custody.
20-2.180
Prohibition of animals trespassing on public or private property.
It is unlawful to suffer or permit any animal to trespass on private or public property
so as to damage or destroy any property or thing of value, or so as to commit any other
act dangerous to public health or safety, and any animal committing such an act is a
public nuisance.
20-2.181 Potentially dangerous and vicious dogs.
(a) Except as otherwise provided under the provisions of subsections (b) through (m) of
this section, the provisions of Chapter 9, Articles 1 through 5, Sections 31601
throug~ 31683 and any amendments thereto exclusive of Sections 31602, 31603,
31606 and 31644 of the Food and Agricultural Code are adopted and incorporated
by reference herein.
(b) "Potentially dangerous dog" means any of the following:
(1) Any dog which, when unprovoked on two separate occasions within the prior
thirty-six month period, engages in any behavior that requires a defensive action by
any person to prevent bodily injury when the person and the dog are off the property .
of the owner/guardian or keeper of the dog;
(2) Any dog which, when unprovoked, bites a person causing a less severe injury
than as defined in Section 31604 of the Food and Agricultural Code;
(3) Any dog which, when unprovoked, has killed, seriously bitten, inflicted injury
or otherwise caused injury attacking a domestic animal off the property of the .
owner/guardian or keeper of the dog.
(c) "Vicious dog" means any of the following:
(1) Any dog seized under Section 599aa of the Penal Code and upon the '
sustainirig of a conviction of the owner or keeper under subdivision (a) of Section
597.5 of the Penal Code;
(2) Any dog which, when unprovoked, in an aggressive manner, inflicts severe
injury on or kills a human being;
(3) Any dog previously determined to be and currently listed as a potentially
dangerous dog which, after its owner or keeper has been notified of this
determination, continues the behavior described in Section 20-2.181(b) or is
maintained in violation of Section 31641, 31642 or 31643 of the California Food
and Agricultural Code.
(d) "Animal services department" means that agency appointed as the Animal Services
Agency for the Town under the provisions of Section 20-2.110.
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(e) "Director" means Executive Director of the Animal Services Agency or any person
authorized to act on his/her behalf.
(f) A hearingonwhetheradogshaJI be declared potentially dangerousorvicious
shall be conducted in the ,following manner:
(1) If the director has investigated and determined that there exists probable cause
to believe that a dog is potentially dangerous or vicious as defined by this
'section, a hearing shall be conducted. The director shall prepare a petition
specifying the basis as to why the dog is potentially dangerous or vicious.
(2) Whenever possible, any complaint received from a member of the public which'
serves as the evidentiary basis for the director to find probable cause shall be
sworn to and verified by the complainant and shall be attached to the petition. '
(3) Prior to commencement of the hearing and if the allegations of the petition
indicate that the dog is potentially dangerous as defined under Section 20-
2.181 (b), the Town Manageror his/her designee may offer in writing mediation
services as an alternative to a hearing provided both the complainant and the
owner/guardian agree in vvriting to mediation. Mediation must be concluded
within thirty days of the offer to mediate. If mediation is refused or is
unsuccessful, then the matter shall be referred to a hearing under subsection
(f)(1) of this section.
(4) The Town Manager or his/her designee shall designate a hearing officer from a
panel of up to five persons whose membership shall be designated by the Town,
Council. Hearing officer applicants shall have had a minimum of five years
experience as a practicing attorney and prior experience in administrative,
arbitration or mediation hearings. Prior experience in care and control of animals
shall also be considered but is not necessary. The hearing officer shall conduct a
hearing on whether a dog shall be declared potentially dangerous or vicious. The
hearing officer shall be compensated for the actual hours devoted to the hearing
and its determination at the existing hourly rate or fraction thereof allowed a
traffic referee of the Marin County Superior Court.
(5)(i) The Town Manager or his/her designee shall provide written notice to the
owner/guardian of the specific behavior of the animal alleged in the petition and the
date upon which a hearing will be held to consider the petition. The hearing shall be
held within the time limits set forth by the Food arid Agricultural Code. Section 31621
or any amendments thereto. The notice shall advise the owner/guardian of the
consequences of a finding of potentially dangerous or vicious.. The hearing shall be
open to the public and the hearing officer may admit into evidence alt relevant
evidence, and exercise the full scope of authority set forth in Food and Agricultural
Code Section 31621. Service of the notice shall be made in accordance with
Section 1-7 ofthe Tiburon Municipal Code. Where the owner/guardian's address of
any animal is unknown, notice of the hearing shall be given by posting the same in
the office of the director and by publication in a newspaper of general circulation.
Notice shall then be deemed given on publication of the notice.
(5)(ii) A hearing may be continued if the hearing officer deems it necessary and
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proper or upon a showing of good cause.
(5)(iii) The time for hearing and the hearing provisions of subsection (f)(5)(i) of this
section shall be'stayed if mediation servid~sare bfferedpursu~mtJ9 the provisions.
df subsectiOn (f)(3) of this section. The tim'e for hearir1!;fanClthe hearing provision's
of this subsection shall recommence at the date the Town Manager or his/her
designee has determined in writing that mediation has not been accepted or has
been unsuccessful.
(6) In cases where complaint(s) from the public serve as the evidentiary basis for the
director to prepare a petition, at least one of the complainants or his or her
designee in the matter must appear and testify at the hearing or the complaint
shall be dismissed.
(7) If the owner/guardian fails to appear at the hearing, the hearing shall
nevertheless proceed and an appropriate order shall be issued.
(8) The hearing officer shall consider all relevant responsible evidence without
regard to the formal rules of evidence, including circumstances of mitigation, and
the record of any prior violations by the owner/guardian.
(9) All witnesses shall testify under oath or affirmation. The oath shall be
,administered by the hearing officer. The hearing officer may, when appropriate,
request the production of oral or documentary evidence which is reasonably
necessary and relevant to conduct a hearing. All proceedings shall be tape
recorded.
(10) The hearing officer shall issue a written determination based upon a .
preponderance of the evidence, which shall be mailed to the owner/guardian within
seven days after the hearing is completed.
(11) If an animal is found to be potentially dangerous or vicious by a preponderance
of the evidence, the animal shall be so designated on the records of the animal
services agency. Such a designation shall be considered in future determinations
involving the animal and/or owner/guardian.
(12) The owner of a dog for which a potentially dangerous petition has been issued
may irrevocably waive his right to a hearing and any further appeal under Food and
Agricultural Code Section 31622 and accept all conditions, sanctions and penalties
set forth in Food and Agricultural Code Sections 31641,31642 and 31643, and
Section 20-2.181 (k). The Town Manager or his/her designee will mail a waiver form
to the dog owner/guardian. The waiver must be signed by the dog owner/guardian
and received by the town designee within thirty days from the date of agreement to
waive, or.a hearing win be scheduled within thirty days of the agreement to waive.
(g) In accordance with the provisions of Food and Agricultural Code Section 31641, the
owner/guardian of a potentially dangerous dog shall in addition to the regular
licensing fee, pay to the animal control agency an annual fee as may be established
by separate resolution of the Town Council for the increased costs of maintaining
the records of the dog.
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(h) The owner/guardian of a dog determined to be vicious shall, in addition to the
regular licensing fee, pay to the animal control agency an annual fee as may be
e$tablishedbyseparate resolution of the Town Council to provide for the increased
costs of maintaining the records of the dog.
(i) The owner/guardian of a dog determined vicious shall, at his/her own expense, have
the vicious animal registration number assigned to the dog tattooed upon the dog's
left ear or, if the left ear is not available, on the left inner thigh, by a licensed
veterinarian or a person trained, authorized and licensed to do business as an animal
tattooist. As an alternative to tattooing, an owner/guardian may have a microchip
injected beneath the skin, and between the shoulder blades of the animal by a
licensed veterinarian. The owner shall provide proof satisfactory to the Animal,
Services Agency of such tattooing or microchipping within thirty days of the vicious
determination.
U) The owner/guardian of a vicious dog shall, within ten days of such determination,
upon request by the Animal Services Agency present said animal at the Animal
Services Agency and allow photographs and measurements of the animal to be
taken for purposes of identification.
(k)The owner/guardian of a dog found potentially dangerous under Section 20-2.181 (b),
which person has no additional violations of any of the provisions of this Chapter 20,
within a thirty-six-month period from the date of designation as potentially dangerous,
shall be removed from the list of potentially dangerous dogs by the director. The dog
may be, but is not required to be, removed from the list of potentially dangerous dogs
prior to the expiration of the thirty-six-month period if the owner/guardian of the dog
demonstrates to the director that changes in circumstances ormeasures taken by the
owner/guardian, such as training of the dog, have mitigated the risk to public safety.
(I) The owner/guardian of a dog found vicious under Section 20-2.181 (c)(3), who has no
additional violations of any of the provisions of this Chapter 20, after a thirty-six-
month period from the date of designation as vicious, may apply to the director to
remove the animal from the list of vicious animals. The director shall have the
discretion to remove the animal from the list of vicious animals upon proof of the
successful completion of at least eight weeks of formal obedience training, other
similar evidence of training, or other rehabilitative efforts designed to mitigate the risk
to public safety"
20-2.182
Prohibition.
No person shall board, have, keep, maintain or have in his possession or control,
for any length of time, in any area zoned residential, any wild and/or undomesticated
animal, as defined in Section 20-2.183.
20-2.183 Definition of wild and/or undomesticated animal.
For purposes of Sections 20-2.182 through 20-2.184, a "wild and/or
undomesticated animal" is defined as an animal which is wild by nature and not
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customarily domesticated in Marin County and which, because of its size, disposition or .
other characteristics could constitute a danger to human life or property. Such wild
and/or undomesticated animals shaU be deemed to include but are not exclusive of:
I. Class Mammalia.
A. Order Carnivora.
1. Family Felidae (cat) including but not limited to such members as the
tiger, the jaguar, the leopard, the lion, the serval, the mountain lion, the
bobcat, the ocelot and the cougar, excepting Felis Domesticus
(domestic cat),
2. Family Hyenidae (hyena),
3. Family Urisideae (bear),
4. Family Candidae (dog) excepting Canis Familiaris (domestic dog) and
including but not limited to such members as the wolf, coyote and the
jackal; ,
B. Order Probscidea (elephant);
C. Order Primata (primates), including but not limited to the chimpanzee, the
baboon, the orangutan, the gibbon, the macaque and the gorilla,
excepting the Family Hominidae (man);
D. Order Artiodactyla, even-toed hoofed mammals such as water buffalo,
camels, elk, moose, deer and antelope, excluding the domesticated
species of the Family Suidae (domestic pig) and Family Bovidae (cattle,
sheep, goats, llamas and alpacas); .
E. Order Perissodactyla, odd-toed hoofed mammals including the zebra and
rhinoceros, excluding the domesticated species of the Family Equidae
(horses, donkeys, etc.).
II. Class Reptilia.
A. Order Squamata.
1. Sub-Order Serpentes, all front and rear fanged venomous snakes,
2. Sub-Order Lacertilia, both venomous species of the Family Heloder
Matidae (gila monster and Mexican beaded lizard);
B. Order Crocodilia (crocodile, alligator and caiman).
III. Class Aves.
A. Sub-Order Ratitae, such as, but not limited to, ostriches, rheas,
cassowaries and emus, excluding small caged birds such as parrots,
cockatoos, cockatiels, parakeets, canaries, love birds and finches.
IV. Any other species of the animal kingdom (as opposed to vegetable or
mineral) which is venomous to human beings whether its venom is
transmitted by bite, sting, touch or other means, except the honey-producing
bee.) ,
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20-2.184
Remedial Measures.
(a) Impoundment. Any wild and/or undomesticated animal as defined in Section 20-
2.183 of this chapter determined to be in the Town in violation of Section 20-2.182
may be impounded by the Animal Services Agency.
(b) Notice of removal.
Whenever the Animal Services Agency causes the impoundment of such wild
and/or undomesticated animal as authorized in Section, 20-2.184, the Animal
Services Agency shall immediately give notice of such impoundment, the grounds
thereofand the place to which such animal has been impounded.
(c) Penalty.
Any person who boards, has, keeps, maintains, or has in his/her possession or
control, for any length of time, any wild and/or undomesticated animal in violation of
any of the provisions of Sections 20-2.182 through 20-2.184 of this chapter shall be
guilty of a misdemeanor and shall be subject to imprisonment in the county jail for
not more than six months or a fine not to exceed one thousand dollars or both.
20-2.185 Limitation on number of dogs.
Except as provided in Sections 20-2.245 and 20-2.246 of this Chapter, and other,
than legal uses now in existence, it is unlawful for any person to keep or harbor more
than three dogs which are over the age of four months on any lot, premises, dwelling,
building, structure, boat or living accommodation. As used in this section, "lot",
"dwelling", "building" and "structure" have the same meaning as set forth in Chapter 16
of the Tiburon Municipal Code.
20-2.190 Stray animals.
'Any person discovering a stray or apparently lost animal shall report the same to
the Animal Services Agency. Any person who apprehends or picks up a stray or lost
animal shall report the same to the Animal Services Agency within eight hours ,
thereafter and shall release such animal to the Animal Services Agency upon demand.
20-2.195 Fees for pickup and disposal of dead dogs, cats arid small
household pets and wildlife.
A fee, as may be established by separate resolution of the Town Council, shall
be charged to an owner ofa dead dog, cat or small household pet for the pickup and
disposal of the animal by the Animal Services Agency. Fees as may be established by
separate resolution of the Town Council, may be charged for pickup and disposal of
dead wildlife under fifty pounds, and a higher fee may be charged for dead wildlife fifty
pounds and over by the Animal Services Agency. .
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20-2.200 Biting animals to be reported.
. ' The owner/guardian or other person having custody or control of any animal
which bites a human being shall immediately notify the county health officer or the
Animal Services Agency of such bite, giving the name and address of the person bitten,
if known, and shall faithfully obey any quarantine or other regulatory instructions
(including but not limited to the temporary surrender of the deceased animal for testing)
in furtherance of public health given by the health officer or his/her designated
representative. To the extent the regulatory instructions of the health officer reach
, beyond the scope of the powers authorized under Health & Safety Code section
121710, violations of duties created under this Code shall be treated as infractions.
20-2.220 Stray livestock-Charges.
Notwithstanding any provisions in this chapter to the contrary, the Agricultural
Code of the state of California, Division 3, Chapter 5, shall be complied with in
reference to stray bovine animals, horses, mules or burros; however, stray animals will
be subjectto fees as may be established by separate resolution of the Town Council.
The Town shall also be entitled to collect for all costs incurred and fees in connection
with such animals, including, but not limited to, the cost of herding, advertising,
transporting, drugs, and veterinary services. The fees for said services may be .
established by separate resolution of the Town Council.
20-2.225 Prohibition of big cats in residential areas.
It is unlawful for any person to keep, possess, place, store, maintain, control,
house, maintain custody of or board, or for any person to permit another, or to assist
another in keeping; possessing, placing, storing, maintaining, controlling, housing,
keeping custody of or boarding any kind or breed of any live cat (Family Felidae) except
house cats (Felis Domesticus) in any area zoned as residential on the Town of Tiburon
Zoning Map pursuant to Section 16-2.16 of the Tiburon Municipal Code.
20-2.226 Feeding of Certain Wild Animals
(a) No person shall intentionally feed or in any manner knowingly provide
food for non-captive wild and/or undomesticated animals as defined in Section 20-
2.183, including, but not limited to, coyotes, mountain lions, foxes, bobcats, raccoons,
skunks, opossums and turkeys. -
(b) This Section shall not apply to persons legally engaged in trapping wild animals
with devices utilizing food items as bait pursuant to applicable laws. .
20-2.230 Use of animals for exhibits
It is unlawful for any person to operate, conduct or maintain any commercial show,
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circus, animal exhibition, carnival or advertising display or device in which any animal,
wild or domestic, is used or kept without first having obtained a permit from the Animal
Services Agency at least thirty days prior to the scheduled event.
(a) "TheAnimal,Services Agency shall receive and review applications for
such permits upon the applicant's filing and the payment of the applicable permit fee
imposed for such purposes as may be established by s~parateresolution of the Town
Council' within 30 days of the filing thereof. Only one fee shall be paid per application,
irrespective of the number'of animals or exhibitions for which the application is made.
(b) The Animal Services Agency, may, in connection with this permit authority
either, establish operating conditions,' deny the application or revoke the permit if the
Animal Services Agency can reasonably demonstrate that the conditions imposed upon
issuance of the permit or its denial are necessary to protect the public health and
safety, or provide for the humane care and treatment of any animals used or kept.
(c) [Purposely left blank]
(d) The Animals Services Agency shall make written findings regarding the
conditions imposed with issuance of the permit or written findings and explanation for
denial of the pe~mit within seven (7) business days of receiving the application. The
Animal Services Agency may waive the permit fee when the use of the animals for
exhibit benefits a nonprofit, educational or governmental organization and an inspection
of the exhibit is not necessary. If the Animal Services Agency denies or revokes a
permit, the applicant or permittee may request a hearing in accordance with the
provisions of Section 20-2.241.
20-2.240 Commercial animal establishment.
It 'is unlawful for any person to operate or maintain any commercial animal
establishment without first obtaining a permit therefor. An annual permit fee may be
established by separate resolution of the Town Council. Such permit shall expire on the
last day of the twelfth month from the date of issue. In the event that application for
renewal is not made on or before the date of expiration, a delinquency charge, as may
be established by separate resolution of the Town Council, may be assessed. For every
calendar month of delinquency, an additional fee may be assessed if such a fee is
established by separate resolution of the Town Council.
The Animal Services Agency shall, in connection with the issuance of any such permit,
establish such conditions as may be necessary to provide for the humane care and
treatment of animals. The Animal Services Agency may deny or revoke such permit
when necessary 'to insure public safety and the humane care or treatment of animals.
20-2.241 Hearing regarding permits for use of animals for exhibits.
A request for a hearing shall be in writing and filed with the Animal Services
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Agency no later than seven (7) days following transmittal of the Animal Services
Agency's decision and accompanying findings and conditions with findings to the
permittee. AnimaLServices Agency shall setthe hearing for a: d Cite no later than ten
(10)~aysafter-itsreceipt of the request for hearing. The hearing shall be held by the
hearin'g officer (Town Manager or his/her app-ointee).The hearing officer shall render a
decision within 10 days following completion of the hearing. The decision of the
hearing officer shall be final.
.
20-2.245 Dog hobbyists.
(a) Regulations. The Animal Services Agency is authorized and directed to
adopt and to submit for approval to the Town comprehensive regulations concerning
dog hobbyist activities.
(b) Permit. An individual who wants to qualify as a dog hobbyist must apply for a
permit from the Animal Services Agency. A permit shall be issued if after
investigation, the Animal Services Agency determines that the applicant is a bona
fide dog hobbyist, maintains appropriate premises for the proper confinement and
control of dogs. The Animal Services Agency must determine that,issuance of a
permit will not create a nuisance in the neighborhood in which the activity is
proposed, and in all other respects complies with the regulations adopted by the
Animal Services Agency pertaining to dog hobbyists. Permits may be issued subject
to such conditions as the Animal Services Agency determines are necessary to
protect the public health and welfare and to avoid the creation of a nuisance or
public health hazard.
(c) Hearings. Any applicant, permittee or other interested party aggrieved by
the issuance, revocation or modification of a permit may request a hearing provided by
Section 20-2.122. A request for a hearing or mediation shall be in writing and filed with
the Animal Services Agency not later than thirty (30) working days following transmittal
of the Animal Services Agency's decision to the applicant or permittee. Upon conclusion
of the hearing, the presiding officer shall issue an appropriate order sustaining,
modifying or setting aside the determination of the Animal Services Agency.
(d) Revocation of Permit. A permitmay be revoked, or continued, subject to
limited conditions of use, if the Animal Services Agency determines that any of the
following conditions exist:
,( 1) The permi~E3e h?syi91~teq tbeprovisions of this chapter twice in one license
year.
(2) The permittee has been convicted of cruelty to animals.
(3) The permittee has failed to comply with the conditions of the permit.
(4) Continuation of the permit will create a public nuisance or health hazard.
.(5) Continuation of the permit will create a nuisance in the neighborhood in which
the permit has been issued.
(e) Fees' and Licenses. The Animal Services Agency shall collect a fee for the
issuance of each dog hobbyist permit as may be established ,by separate resolution
. of the Town Council. The issuance of a dog hobbyist permit shall include provision
.
Animal Services Ordinance (Chapter 20) of Tiburon Municipal Code Draft 11/7/2003
.
20
.
.
of an individual license for each dog harbored under the permit at no additional
charge.
(f) Confinement. All dogs under the control of a dog hobbyist must be confined to
the owner's!guardian's property at all times,exceptwhen removed for training,
recreational use or exhibition, atwhich times they must be under the immediate
control of the permittee or agent.
20-2.246 Ranch dog permittees.
The provisions and regulations provided in Section 20-2.245 for dog hobbyists
shall govern and apply to all ranch dog permittees. The fees and license requirements
for any ranch dog permittee shall be the same as provided in Section 20-2.245 for dog
hobbyists.
20-2.250 Sale of animals for experimentation. ,
The Animal Services Agency or anyone employed thereof shall not knowingly
sell or give any impounded animal to any person, firm, corporation, association or
school for the purpose of animal experimentation. No person, firm, corporation,
association or school shall by fraud, misrepresentation or coercion induce the Animal
Services Agency or anyone employed thereof to sell or give away any impounded
animal for the purpose of animal experimentation.
20-2.252 Animals and vehicles.
(a) No person, other than an individual actually working a dog for ranching
purposes, shall transport or carry, on any public highway or public roadway any dog
in a motor vehicle, unless the animal is safely enclosed within the vehicle or
protected by a cap or container, cage or other device that will prevent the dog from
falling from, being thrown from, or jumping from the motor vehicle.
(b) No person shall leave an animal in an unattended vehicle without adequate
ventilation, or in such a manner as to subject the animal to extreme temperatures
which adversely affect the animal's health or welfare.
20-2.255 S~nior citizen, blind or disabled persons discount on specified fees.
(a) Senior citizens age sixty-two and, older, blind qr disabled persons, upon satisfactory
proof to the Animal Services Agency may be entitled to a fee discount for specified
town fees referenced in this chapter.
(b) For purposes of this section a person shall be considered to be disabled if that
person is unable to engage in any substantial gainful activity by reason of any
. Animal Services Ordinance (Chapter 20) of Tiburon Municipal Code Draft 11/7/2003
21
medically determinable physical or mental impairment which can be expected to last '.
for a continuous period of not less than twelve months, and only if the physical or
mental impairments are otsuch severity that person is not only unable to do his or
'her previous type of work, but cannot, consideringage,education'and work
experience, engage in any kind of substantial gainful work.
(c) A person shall be considered blind if there has been a medical determination of
either of the following conditions:
(1) Central vision acuity (sharpness of vision) of no more than 20/200 with
correction; or
(2) Tunnel vision, which is limited visual field of twenty degrees or less.
Article III.' Livestock--~-Miscellaneous regulations
20-3.010 Unacc,?mpaniedlivestock on streets prohibited.
It is unlawful for any person controlling the possession of any livestock, to
voluntarily or negligently permit any such livestock to stray upon or remain
unaccompanied by a person in charge or control thereof upon any street.
20-3.020 Nighttime herding of livestock on streets regulated. .
It is unlawful for any person to drive any such livestock upon, over or across any
public street between the hours of sunset and sunrise without keeping a sufficient
number of herders on continual duty to open the road so as to permit the passage of
vehicles.
Article IV.
Hunting, running of deer
20-4.005 Hunting.
The provisions of this'chapter shall not apply to any individual engaged in
hunting8ctivities during the periods authorized and in the manner authorized by the
California Fish and Game Code and the California Administrative Code.
20-4.010 Permitting dogs t~ run deer.
Every owner/guardian, claimant or keeper of any dog who suffers or permits any
dog to hunt,chase, or kill ~eer in the Town shall be guilty of a misdemeanor.
Animal Services Ordinance (Chapter 20) ofTiburon Municipal Code Draft 11/7/2003
.
22
. 20-4.020 Allowing certain dogs at large.
Ever owner, claimant or keeper of any dog accustomed to or having the
propensitytQ,hunt, chase, course or kill deer who suffers ()r_p~rrnits such hound or
_ hoUnds orotherdogs to go or run at large-jnthe Town shall be guilty of a misdemeanor.
Article V. ,Regulation of Horses
20-5.1
Short title.
This article may be known and cited as the Horse License Ordinance.
20-5.2
Purpose of article.
This article is adopted to establish licensing requirements for the keeping of
horses and to regulate the keeping and maintenance thereof in order to protect and
promote the public health, safety, welfare, comfort and convenience, while permitting
residents to keep horses under appropriate conditions. This article is intended to
provide a basis for safe and healthful conditions. It is the intent that the regulations not
be applied arbitrarily, and for this reason specific provisions are included authorizing
exceptions after public hearing before the town council.
.
20-5.3
Definitions.
For the purpose of this article, certain words and phrases are defined as follows
and certain provisions shall be construed as herein set forth unless it shall be app~rent
from the context that they have a different meaning.
, "Corral" means a fenced area for the confinement of horses. Any fenced area
with less than one acre of net land in which any horse is kept shall be deemed to be a
corral, but the minimum area in which each horse maybe confined shall be six hundred
square feet.
"Horse" means any member of the horse family including, but not limited to,
donkeys and mules.
Horse, maintenance for private use. "Maintenance for private use horse" means
the keeping of horses by residents of the town for private use, not for ,hire or rental and
not primarily for remuneration or sale. '
"Horse stable" means a building or portion thereof designed or used for the
-housing or feeding of horses~
"Pasture" means a fenced plot of ground other than a corral used for the
confinement of horses.
. Animal Services Ordinance (Chapter 20) ofTiburon Municipal Code Draft 11/7/2003
23
20-5.4
Compliance with article and zoning ordinance required.
.
,It is unlawful for any person to keepor maintain or cause to be maintained in the
, town, any horse except in conformance with the provisions of this article and with the
provisions of the zoning ordinance. No horse shall be kept without obtaining a permit
pursuant to the requirements of this article.
20-5.5
Use permit required.
No horse may be kept or maintained within the town without the owner first
obtaining a conditional use permit pursuant to Section 16-4.4 of the Tiburon Municipal
Code.
20-5.6
Horse permit--Required.
No horse may be kept or maintained in the town without the owner obtaining a
permit under the provisions of this article.
20-5.7
(a)
(b)
(c)
(d)
(e)
(f)
General requirements.
Compliance required. All horses shall be kept in a corral or stable meeting the
requirements of this article, unless kept in a pasture under conditions meeting
the requirements of this article.
Construction of pastures, corrals and stables.
(1) All corrals and pastures shall be enclosed by a substantial fence.
(2) Corrals for the enclosure of stallions shall conform to the state statutes
and regulations governing safety fencing.
(3) , All new stables shall be built in conformance with the building code of the
town.
Fire protection. The keeping of horses, and buildings and structures for this .
purpose, shall conform to the fire protection standards and policies of the town
and the fire district.
Drainage. Every parcel of land upon which horses are maintained shall be well
drained. The surface of all corrals or enclosures shall be graded so as to prevent
the accumulation of storm or casual waters, and so as to prevent erosion of top
soil into watercourses or drainage ditches or conduits.
Sanitary conditions. It is declared to be a nuisance, and it is unlawful, to keep
any horses on premises which, in the opinion of a health officer, are in an
unsanitary or unhealthy condition.
Inspections. All premises for which a permit is issued shall be subject to
inspection by'town officials, and the holder of any permit shall agree to such
inspections as a condition of the granting of such permit.
.
Animal Services Ordinance (Chapter 20) of Tiburon Municipal Code Draft 11/7/2003
.
24
~
'.
20-5.8
Maintenance of horses for private use.
, '
-" '"",'
The'maintenanceof horses 'for private use,not for hire or rental and notprimarily for
remuneration or sale, shall be subject to the procedures, regulations and requirements
set forth in this section in addition to the general requirements of this article.
Location and area requirements shall be as follows:
(a) The minimum lot area upon which one or two horses may be kept shall be one
acre. An additional horse may be kept on each additional one-half acre.
(b) The minimum area in which each horse may be confined shall be six hundred
square feet. '
(c) The distance of a stable from a neighboring house shall be not less than eighty
feet.
(d) The minimum distance of a stable building from any neighboring parcel line or
from any street or residence on the same lot, shall be not less than forty feet.
(e) The minimum distance of a pasture or corral from any neighboring parcel line or
street parcel line shall be ten feet, or such greater distance as the applicable
zoning ordinance provision may provide.
(f) Stable buildings shall be so sited or constructed as to not present an unsightly
appearance to neighboring properties.
. Section 3. Severability.
If any section, subsection, clause, sentence, or phrase of this Ordinance is for
any reason held to be invalid or unconstitutional by a decision of a Court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of the
Ordinance. The Town Council of the Town of Tiburon hereby declares that it would
have passed this Ordinance, any section, subsection, sentence, clause or phrase
thereof, irrespective of the fact that anyone or more sections, subsections, sentences,
clauses, or phrases may be declared invalid or unconstitutional.
Section 4. Effective Date.
This Ordinance shall take effect ar:1d be in force thirty (30) days after the date of
, '
passage. Pursuant to the provisions of Government Code Section 36933, a summary
ofthis ordinance shall be prepared by the Town Attorney. At least five (5) days prior to
the Council meeting at which adoption of the ordinance is scheduled, the Town Clerk
shall (1) publish the summary, 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, and (2) post in the office of the Town Clerk a
. Animal Services Ordinance (Chapter 20) of Tiburon Municipal Code Draft 11/7/2003
25
/
"..
certified copy of the full text of the ordinance along with the names of those Council
members voting for and against the ordinance.
- This'ordinancewas introduced at a regular meettng'of the Town Council of the
Town of Tiburon on ,2003, and was adopted ala regular meeting of
the Town Council of the Town of Tiburon on ,2003, which was noticed
pursuant to Government Code Section 50022.3, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE L. CRANE IACOPI, TOWN CLERK
Sharedlsanderson/ordinances/chapter.20 repealed ord.doc
Animal Services Ordinance (Chapter 20) of Tiburon Municipal Code Draft 11 n /2003
26
.
.
.
Sections:
20-1
20-2
20-3
20-4
20-5
20-6
20-7
20-8
20-9
20-10
20-11
20-12
20-13
20-14
20-15
20-16
20-17
20-18
20-19
Chapter 20
ANIMALS AND FOWL*
, Article I. In General
Adoption of County Code.
Penalty for violations.
Control of dogs-Leash
requirement.
Dogs-Owner responsibility to
remove feces.
Article II. Repealed
Article m. Repealed
Article IV. HorSes
Short title.
Purpose of article.
Definitions.
q.mpliance with article and
zoning ordinance required.
Use permit required.
Horse permit-Required.
Repealed.
Repealed.
Repealed.
Repealed.
Repealed.
General requirements.
Maintenance of horses for
private use.
Penalty for violations of article.
Repealed.
* Editor's note: Ordinance No. 441 N.S. amended ch. 20 by amend-
ing ~~ 20-1 through 20-3, adding ~ 20-4, and renumbering ~~ 20-
26 thrOugh 20-40 to be ~~ 20-5 through 20-19.
, . uu._-_.~----_.._.--Article-I.-In-General--
20-1 Adoption of County Code.
Pursuant to Government Code section 50022.9,
the Marin County animal control regulations set
forth in title 8 of the Marin County Code as chap-
20-1
ters 8.04, 8.08 and 8.12, including all current
amendments thereto, are adopted by reference and
shall be in full force and effect within the Town of
Tiburon with the following exceptions:
(a) All references in Marin C,?unty Code section
8.04.179 to the Marin County sheriff shall be
deemed to refer to the police chief of the Town of
Tiburon.
(b) In the event of a conflict or inconsistency
between this Code and the above~adopted provisions
of the Marin County animal control ordinances, this
Code shall govern. (Ord. No. 220 N.S., '~ 1; Ord.
No. 310 N.S.; Ord. No. 315 N.S.; Ord. No. 325
N.S.; Ord. No. 361 N.S., ~ 1; Ord. No. 376 N.S., ~
1; Ord. No. 396 N.S., ~ 1; Ord. No. 412 N.S., ~ 1;
Ord. No. 433 N.S. ~ 1; Ord. No. 435 N.S., ~ 1; Ord.
No. 441 N.S. ~ 1)
.
20-2 Penalty for violations.
Any person violating within the town any provi-
sion of this chapter shall be guilty of an infraction.
(Ord. No. 220 N.S., ~ 1; Ord.. No. 361 N.S., ~ 2;
Ord. No. 441 N.S., ~ 2)
.
20-3 Control of dogs-Leash
requirement.
It is unlawful for the owner or person having
custody or control ,of any dog to allow such dog
upon the entire length of the Richardson Bay Lineal
Park multi-use path, McKegney Green, South of the
Knoll Park, the downtown Shoreline Park or any
street, sidewalk or parking lot in the downtown area
unless such dog is restrained by a leash of suffi-
ciently short length to enable such person to main-
tain constant control over such dog. (Ord. No. 292
N.S., ~ 1; Ord. No. 441 N.S., ~ 3)
189
m~irrJT~: "'(TO
~.2...,;,.~";"D;';'..:. ~\"~'~
.
(Tiburon 5-01)
3
., ":'f-~ .1";';7:'.
20-4
.
20-4 Dogs-Owner responsibility to
remove feces.
It is unlawful for the owner 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. (Ord. No.
380 N.S., ~ 1; Ord. No. 441 N.S., ~ 4)
Article fi. Repealed
Article fiI. Repealed
Article IV. Horses
20-5 Short title.
This article may be known and cited as the Horse
License Ordinance. (Ord. No. 93 N.S., ~ 10; Ord. '
No. 441 N.S., S 5 (part))
.
20-6 Purpose of article.
This article is adopted to establish licensing re-
quirements for the keeping of horses and to regulate
the keeping and maintenance thereof in order to
protect and promote the public health, safety, wel-
fare, comfort and convenience, while permitting
residents to keep horses under appropriate condi-
tions. This article is intended to provide a basis for
safe and healthful conditions. It is the intent that the
regulations not be applied arbitrarily, and for this
reason specific provisions are included authorizing
exceptions after public hearing before the town
council. (Ord. No. 93 N.S., 9 1; Ord. No. 441 N.S.,
9 5 (part))
.
20-7 DefInitions.
For the purpose of this article, certain words and
phrases are defmed as follows and certain provisions
shall be construed as herein set forth unless it shall
be apparent from the context that they have a differ-
ent meaning. . ,
"Corral" means a fenced area for the confinement
of horses. Any fenced area with less than one acre
of net land in which any horse is kept shall be
(Tiburon 5.01)
deemed to be a corral, but the minimum area in
which each horse may be confmed' shall be six
hundred square feet.
"Horse" means aIiy member of the horse family
including, but not limited to, donkeys and mules.
Horse, maintenance for private use. "Maintenance
for private use horse" means the keeping of horses
by residents of the town for private use, not for hire
or rental and not primarily for remuneration or sale.
''Horse stable" means a buildWg or po~on there-
of designed or used' for the housing or feeding of
horses.
"Pasture" means a fenced plot of ground other
than a corral used for the confinement of horses.
(Ord. No. 93 N.S., ~ 2; Ord. No. 441 N.S., ~ 5
(part))
20-8 Compliance with article and
zoning ordinance required.
It is unlawful for any person to keep or maintain
. , or cause to be maintained in the town, any horse
except in' conformance with the provisions of this
article and with the provisions of the zoning ordi-
nance. No horse shall be kept without obtaining a
permit pursuant to the requirements of this article.
(Ord. No. 92 N.S., ~ 3; Ord. No. 441 N.S.,jg 5
(part))
20-9 Use permit required.
No horse may be kept or maintained within the
town without the owner first obtaining a conditional
use permit pursuant to section 16-4.4 of chapter 16
(Zoning) of the Tiburon Municipal Code. (Ord. No.
93 N.S., S 1; Drd. No. 441 N.S., S 5 (part); Ord.
No. 461 N.S., S 5(A))
20-10 Horse permit-Required.
No horse may be kept or maintained in the town
without the owner obtaining a permit under the
provisions of this article. (Ord.No. 93 N.S. S 1;
Drd. No. 441 N.S., S 5 (part))
20-11 Repealed by Ordinance No. 461
N.S., ~ 5(B).
190
20-12
Repealed by Ordinance No. 461
N.s., ~ 5(B).
20-13
Repealed by Ordinance No. 461
N.S., ~ 5(B).
20-14
Repealed by Ordinance No. 461
N.S., ~ 5(B).
20-15
Repealed by Ordinance No. 461
N.S., ~ 5(B)
'20-16 General requirements.
(a) Compliance required. All horses shall be kept
in a corral or stable meeting the requirements of this
article, unless kept in a pasture under conditions
meeting the requirements of this article.
(b) Construction of pastures, corrals and stables.
(1) All corrals and pastures shall be enclosed- by
a substantial fence.
(2) Corrals for the enclosure of stallions shall
conform to the state statutes and regulations govern-
ing safety fencing.
(3) All new stables shall be built in conformance
with the building code of the town.
(c) Fire protection. The keeping of horses, and
buildings and structures for this purpose, shall con-
form with the fIre protection standards and policies
of the town as established by resolution of the town
council.
(d) Drainage. Every parcel of land upon which
horses are maintained shall be well drained. The
surface of all corrals or enclosures shall be graded
so as 'to prevent the accumulation of storm or casual
waters, and so as to prevent erosion of top soil into
watercourses or drainage ditches or conduits.
(e) Sanitary conditions. It is declared to be a
nuisance, and it is unlawful, to keep any horses on
premises which, in the opinion of a health officer,
are in an unsanitary or unhealthy condition.
(f) Inspections. Every premises for which a
permit is issued shall be subject to inspection by
town officials, and the holder of any permit shall
agree to such inspections as a condition of the grant-
20-12
ing of such permit. (Ord. No. 93 N.S., ~ 4; Ord. No. .
441 N.S., ~ 5 (part))
20-17 'Maintenance of horses for private
use.
The maintenance of horses for private use, not for
hire or rental and not primarily' for remuneration or
sale, shall be subject to the procedures, regulations
and requirements set forth in this section in addition
to the general requirements of this article.
Location and area requirements shall be as fol-
lows:
(a) The minimum lot area upon which one or
two horses may be kept shall be one acre. An addi-
tional horse may be kept on each additional one-half
acre.
(b) The minimum area in which each horse may
be confmed shall be six hundred square feet.
(c) The distance of a stable from a neighboring
house shall be not less than eighty feet, unless prop-
erly authorized by action taken under section 20-19.
(d) The minimum distance of a stable building
from any neighboring parcel line or from 'any street .
or residence on the same lot, shall be not less than
forty feet.
(e) The mi.nJ.IDum distance of a- pasture or corral
from any neighboring parcel line or street parcel line
shall be ten feet, or such greater distance as the
applicable zoning ordinance provision may provide.
(f) Stable buildings shall be so sited or construct-
ed as to not present an unsightly appearance to
neighboring properties. (Ord. No. 93 N.S., ~ 5; Ord.
No. 441 N.S., ~ 5 (part))
20-18 Penalty for violations of article.
In addition to all other remedies available under
this Code or state law, any violation of this article
shall be subject to abatement as a public nuisance.
All costs relating to the enforcement of this chapter
shall be borne by and recoverable from the person
in violation thereof. (Ord. No. 93 N.S., S 6; Ord.
No. 441 N.S., S 5 (part); Ord. No. 445 N.S., ~ 6)
.
191
(Tiburon 5-01)
20-19
_ . 20-19
.
.
(Tiburon 5-01)
Repealed by Ordinance No. 461
N.S., ~ 5(B).
192
ANIMAL CONTROL
Page 1 of 18
~
.
ANIMAL CONTROL
Chapter 8.04
Sections:
8.04.010 Short title.
8.04.020 Definitions.
8.04.030 Licenses required -- Periods.
8.04.040 Rabies vaccination.
8.04.041 Rabies vaccination for cats, veterinarian reporting requirements.
8.04.045 Sale or gift of dog.
8.04.050 Confinement and quarantine.
8.04.060 License fee.
8.04.070 Delinquent license penalty.
8;04.080 Duplicate license tags.
8.04.090 Display of license tags.
8.04.100 Exceptions.
8.04.110 Animal control officer -- Appointment.
8.04.120 Poundkeeper and its animal control officers -- Powers and duties.
8.04.122 Hearings.
8.04.130 Disposition of animals by poundkeeper.
8.04.140 Redemption of impounded animals.
8.04.150 Fees for redemption, placement, surrender.
8.04.160 Dogs running in certain public areas.
8.04.170 Dogs running on certain private lands.
.
.
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ANIMAL CONTROL
Page 2 of 18
. 8.04.175 Dog control by responsible person.
8.04.179 Prohibition of habitual animal noise which unreasonably disturbs the peace.
8.04.180 Prohibition of animals trespassing on public or private property.
8.04.181 Potentially dangerous and vicious dogs.
8.04.185 Limitation on number of dogs.
8.04.190 Stray animals;
8.04.195 Fees for pickup and disposal of dead dogs, cats and small household pets and wildlife.
8.04.200 Biting animals to be reported.
8.04.220 Estray livestockCharges.
8.04.230 Use of animals for exhibits.
8.04.240 Commercial animal establishment.
. 8.04.245 Dog hobbyists.
8.04.246 Ranch dog permittees.
8.04.250 Sale of animals for experimentation.
8.04.252 Animals and vehicles.
8.04.255 Senior citizen, blind or disabled persons discount on specified fees.
8.04.260 Penalty for violation.
8.04.010 Short title.
This chapter shall be known and may be referred to in all proceedings as the animal control ordinance.
(Ord. 1333 S 1, 1964)
8.04.020 Definitions.
For the purposes of this chapter, the following words and phrases are defined and shall be construed
as hereinafter set forth unless it is apparent from the context that a different meaning is intended.
. (a) "County" means the county of Marin,
(b) "Commercial animal establishment" means any location where the busin~ss of grooming, buying,
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ANIMAL CONTROL
Page 3 of 18
(2) Dairy establishments;
(3) Buying and selling of dogs by dog hobbyists;
(4) Buying and selling of dogs by ranch dog permittees;
(5) Business activities of a duly licensed veterinary hospital;
(6) Training facilities where owners are trained to handle their own pets;
(7) The county humane society,
(c) "Dog" means any animal of the canine family,
(d) "Dog hobbyist" means any person who owns or keeps, within or adjoining a private residence, four
or more dogs for personal and noncommercial purposes, which are limited to hunting, tracking,
exhibition in dog shows, obedience trials, field trials, dog sledding, or to enhance or perpetuate a given
breed, and who has secured a permit for such activity in accordance with the provisions of Section
8,04.245. No permit shall be granted for the purpose of breeding, keeping or training dogs for use in
dog fighting events.
.
(e) "Dog license" means the license required to be annually issued for each individual dog,
(f) "Licensed dog" means any dog for which the license for the current year has been issued and to
which the tag provided for in this chapter is properly attached.
(g) "Owner" means any person who owns, keeps or harbors an animal for fifteen or more consecutive
days, except a veterinarian or an operator ofa kennel or a pet shop engaged in the regular practice of
this business as such.
(h) "Ranch dog permittee" means any person who owns or keeps within or adjoining a residence,
building, lot or area which is zoned for agricultural uses under Title 22, four or more dogs for
personal, recreational, noncommercial purposes, or purposes related to agricultural pursuits including,
but not limited to, the control, herding and protection of livestock and other domesticated animals,
and who has secured a permit for such activity in accordance with the provisions of Section 8.04,246,
As used in this section, "agricultural" has the same meaning as set forth in Section 22,02.020. (Ord.
2799 9 1, 1983: Ord. 2288 9 1, 1977: Ord, 1333 S 2, 1964)
8.04.030 Licenses required -- Periods.
Every owner of a dog which is over the age of four months and which is kept in the county shall .
procure a license for each such dog, for each year, commencing with the date of the rabies vaccination
of the dog and expiring the year following the date of issuance of such license, Such license shall be '
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procured not later than September 30th in any year or within thirty days after the day upon which the
dog is four months old, or within thirty days after the day upon which the dog, if over the age of four
, months, is first owned by a resident of the county and thereafter shall be maintained on a current basis
from year to year. Dog owners may, with proof of multi-year rabies vaccination, choose to repay
licenses for one, two or three years, with final expiration coincident with the expiration of the rabies
vaccination. (Ord. 2942 S 1, 1987: Ord. 2411 S 1, 1979: Ord. 1444 S 1, 1965: Ord. 1347 (part), 1964:
Ord. 1333 S 3, 1964)
8.04.040 Rabies vaccination.
Whenever the laws of this state require vaccination of dogs against rabies, no license shall be issued
for any dog required to be vaccinated until the issuing authority is given satisfactory written evidence
of compliance under such law; provided, however, that whenever state law does not require the'
vaccination of dogs against rabies, a license may be issued for any dog without evidence of rabies
vaccination. (Ord. 1333 S 3.1, 1964)
8.04.041 Rabies vaccination for cats, veterinarian reporting requirements.
(a) Purpose: There has been an alarming increase in the number of rabid skunks and other wildlife in
Marin County over the last several years. It has, therefore, become increasingly important that
domestic animals who might come in contact with infected wildlife be vaccinated. This section is
intended to protect cats who come in contact with infected wildlife by vaccination, and to require
veterinarians to provide evidence of vaccination certificates of dogs and cats to the Humane Society. of
Marin County.
(b) All cats shall be vaccinated against rabies. Any person in possession, control, or ownership of any
cat shall have that cat vaccinated against rabies, '
(c) Any veterinarian operating either at an established place of business or at a mobile clinic shall
provide a copy of a rabies vaccination certificate for any cat or dog vaccinated by him/her to the
Humane Society of Marin County within ten days of vaccination. (Ord. 2942 S 2, 1987)
8.04.045 Sale or gift of dog.
Upon the sale or gift of a dog, the person making such sale or gift shall notify the animal control
officer of the name and address of the person purchasing or receiving the dog within thirty days of the
date of such sale or gift. (Ord. 1712 S 2, 1969)
8.04.050 Confinement and quarantine.
(a) Unlicensed dogs under the age of four months shall be confined in the property of the owner, and
all dogs shall be so confined for thirty days after receiving the initial rabies vaccination,
I
(b) The owner of a quarantined animal shall pay a fee of thirty dollars toward an animal control
offiqer's costs in providing and insuring that the animal is quarantined at the animal owner's property,
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If any person fails or refuses to obey any lawful order for the quarantine of an animal for observation
of rabies, any animal control officer may impound the animal for such quarantine at the additional .
expense of the owner at the rate of twelve dollars per day for each dog, and nine dollars for each cat.
(Ord. 3068 91, 1991: Ord. 26409 1, 1981: Ord. 2570 9 1,1980: Ord. 2424 9 1, 1979: Ord. 1712 9
3, 1969: Ord. 1333 93.2, 1964)
8.04.060 License fee.
(a) The dog license fee shall be imposed on all dogs. The license fee for dogs which have not been
neutered or spayed shall be twenty dollars for a one-year license, thirty-nine dollars for a two-year
license, and fifty-seven dollars for a three-year license.
(b) The license fee for dogs which have been neutered or spayed shall be seven dollars for a one-year
license, thirteen dollars for a two-year license and eighteen dollars for a three-year license. The fee is
due and payable with the issuance ofa license as required in Section 8,04.030. (Ord. 3068 S 2,1991:
Ord. 2942 93,1987: Ord. 2411 S 2,1979: Ord, 2221 S 1, 1976: Ord. 1712 S 4,1969: Ord. 1333 9
3.3, 1964)
8.04.070 Delinquent license penalty.
Any owner failing to procure and pay for such license within the period allowed in Section 8.04,030
shall pay the delinquent penalty for such failure in the amount established by resolution of the board of .
supervisors. The delinquent penalty may be waived where failure to pay is due to reasonable cause and
circumstances beyond the control of the dog owner which shall be determined by the poundkeeper or
the county tax collector, Any person dissatisfied with a determination denying waiver of the delinquent
penalty shall be entitled to a hearing which'shall be conducted pursuant to the provisions of Section
8.04,122, Every owner of a dog which is over the age of four months ,and which is kept in the county
shall procure a license for each such dog, for each year, commencing within thirty days of vaccination
and ending one year following the date of issue of such license, Such license shall be procured not
later than thirty days after the day upon which the dog is four months old, or within' thirty days after
the day upon which the dog, if over the age of four months, is first owned by a resident of the county
and thereafter shall be maintained on a current basis from year to year. (Ord, 2942 9 4, 1987; Ord.
2891 9 1, 1985: Ord. 2411 S 3,1979: Ord. 2289 S 1, 1977: Ord. 1712 S 5,1969: Ord, 1333 93.4,
1964)
8.04.080 Duplicate license tags.
If a license tag is lost, the owner may secure a duplicate tag upon presentation of satisfactory proof of
such loss, and payment ofa fee of two dollars, (Amended in 3/93 supplement; Ord, 2289 S 2,1977:
Ord. 1333 S 3.5, 1964)
8.04.090 Display of license tags.
.
The license tag issued to the owner upon securing of a license shall be attached securely to a collar or
harness or other suitable device on the dog for which issued at all times that the dog is in the county
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and not confined indoors or in an enclosed yard or pen, The license certificate and tag shall be shown
by the owner or person in control of the dog at any time upon demand by the animal control officer or
his deputies. (Ord. 1333 9 3.6, 1964)
8.04.100 Exceptions.
Any dog bred or raised to be a guide or service dog which meets the criteria established by the
poundkeeper for such dogs, or which is owned and used by a blind person as a guide dog or which is
owned and used by a disabled person as a service dog is exempt from the license fee while being so
raised or while being so owned and used, but is not exempt from being licensed or from any required
vaccination. The provisions of Section 8.04.030 shall not apply to any dog owned by or in the care of
a nonresident of the county who is traveling through the county or temporarily sojourning therein for a
period not exceeding thirty days. For purposes of this section a "service dog" is a dog trained or bred
to assist disabled persons. (Ord. 3138 91,1993: Ord. 171296,1969: Ord. 1333 93.7, 1964)
8.04.110 Animalcontrol officer -- Appointment.
The humane society of Marin County is appointed as the poundkeeper for the county, and the humane
society shall appoint suitable persons to act as animal control officers, All animal control officers shall,
for the purpose of enforcing this chapter, be deemed to be peace officers, (Ord. 1712 97,1969: Ord.
1333 S 4, 1964)
8.04.120 Poundkeeper and its animal control officers -- Powers and duties.
The powers and duties of the poundkeeper and animal control officers shall be as follows:
(a) To enforce all provisions of this chapter and all the laws of the state of California relating to the
care, treatment and impounding of animals, and specifically to issue citations and to make arrests for
violations of the provisions of this chapter and related state laws;
(b) To maintain and keep an animal shelter or otherplace where all animals which are subject to be
impounded may be kept and safely held and provided with proper and sufficient food and water;
(c) To take up, impound and safely keep any animals where authorized under the provisions of this
chapter or the laws of this state;
(d) To collect any costs or charges hereinafter provided in this chapter for the impounding and
keeping of any animal;
(e) Where authorized under the provisions of this chapter or the laws of this state, to enter upon any
premises upon which any animal is kept for the purpose of taking up, seizing or impounding of any
animal or for the purpose of determining whether such animal is licensed or is violating the provisions
of this chapter;
(f) To destroy any animal lawfully impounded which by reason of injury, disease or other cause is unfit
for further use, or is dangerous to keep impounded;
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(g) To enter upon any private or public property in order to pick up and dispose of any dead animal;
.
,(h) To destroy or dispose of any animal where authorized pursuant to the provisions of this chapter;
(i) To make determinations in accordance with the provisions of this chapter. (Ord. 2799 ~ 2,1983:
Ord. 2288 ~ 2,1977: Ord. 1964 ~ 1, 1973: Ord, 1333 ~ 4.1,1964)
8.04.122 Hearings.
The county administrator or his designated deputy, is authorized to conduct hearings in all cases
authorized by the provisions of this chapteLWritten notice of the time and place of the hearing shall
be given to the animal owner at least ten days prior to the date set for hearing, unless the animal owner
expressly requests, in writing, that the hearing be set for an earlier date, and the poundkeeper agrees
to do so. Service of the notice shall be made in accordance with the provisions of Section 1.04.190,
Where the owner of any affected animal is unknown, notice of the hearing shall be given by posting
the same in the office of the poundkeeper, in the office where the hearing is to be held, and at some
public place in the general vicinity of the location where the animal came into the possession of the
poundkeeper. If the owner of the affected animal fails to appear at the hearing, the hearing shall
, nevertheless proceed, and an appropriate order shall be issued in accordance with the provisions of
this chapter. (Ord, 2288 ~ 9, 1977)
8.04.130 Disposition of animals by poundkeeper.
.
Except where otherwise provided in this chapter, the poundkeeper shall keep any dog or animal
impounded for violation of the provisions of this chapter or turned over to him for disposal for the
period of time hereinafter specified and shall dispose of the same in accordance with the following
provIsions:
.
(a) Unlicensed Dogs. Unless an unlicensed dog has been redeemed within ninety-six hours after being
impounded, Mondays and holidays excepted, the poundkeeper shall either place the dog in a bona fide
home or destroy it in a humane manner, The recipient of a dog placed in a bona fide home shall not be
given possession of any such dog until he has secured a license for the dog.
(b) Licensed Dogs. Unless a licensed dog has been redeemed within seven days after impoundment,
Mondays and holidays excepted, such dog may be disposed of in the same manner as an unlicensed
dog. The poundkeeper shall notify the registered owner of the dog by mail at the address shown in the
licensing records of the county, the notice to be given within twenty-four hours of impoundment.
(c) Stray Cats, Unless a stray cat has been redeemed within ninety-six hours after being impounded,
Mondays and holidays excepted, the poundkeeper shall either place the cat in a bona fide home or
destroy it in a humane manner.
(d) Sterilization of Animals Released for Adoption. No dog or cat shall be released for adoption
without being sterilized or without obtaining a deposit on sterilization, It shall constitute a .
misdemeanor to fail to sterilize any dog or cat adopted from the county animal shelter within the
period specified by their subsection and the unsterilized animal shall be impounded,
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( e) Other Animals. The poundkeeper shall keep any other impounded animal for a period of at least
seven days. At any time after the expiration of such period the poundkeeper may, unless the animal is
redeemed or unless a bona fide home has been obtained for the animal, destroy it in a humane manner.
(Ord. 3138 S 2,1993: Ord. 2799 S 3,1983: Ord. 2288S 3,1977: Ord. 1712 S 8,1969; Ord. 1333 S
4.2, 1964)
8.04.140 Redemption of impounded animals.
Except where redemption is not permitted by this chapter, redemption of an'impounded animal by the
owner shall be made by exhibiting to the poundkeeper proof of the owner's identity and any required
license certificate or license tag or other satisfactory proof of ownership with proof of the owner's
identity, and by paying the charges provided for under Section 8.04.150, If such animal is sold or
released to a person other than the owner, the owner of such animal may, at any time within thirty
days after such sale or release, redeem the same from such purchaser or other person by paying him
the amount of the purchase price, if any, plus a sum equal to three dollars and fifty cents a day for each
redeemed dog, and a sum equal to two dollars and fifty cents a day for each redeemed cat and other
animal from the date of such sale or release, to and including the date of redemption, except that no
person may redeem an animal under this section if he was given written notice of such impoundment
by the poundkeeper and failed for a period of five days after the mailing of such notice to redeem or
release such animal from impoundment. (Ord, 2424 S 2, 1979: Ord, 2288 S 4, 1977: Ord, 1333 S 4.3,
1964)
8.04.150 Fees for redemption, placement, surrender.
(a) Redemption Fees. No dog or other animal may be released by the poundkeeper to the owner until
all charges, cost of redemption and the current year's license charge have been paid. The charges and
,cost of redemption of the impounded animal shall be a fee of thirty-five dollars for the first
impoundment in any fiscal year, a fee of fifty dollars for the second impoundment in any fiscal year, a
fee of seventy-five dollars for the third impoundment in any fiscal year, a fee of one hundred dollars
for the fourth impoundment in any fiscal year, and a fee of one hundred twenty-five dollars for each
additional impoundment in any fiscal year plus in each impoundment a charge often dollars per day
for keeping of any dog, and a charge of five dollars per day for the keeping of any cat or other animal,
except as to the keeping of such animals specified in Section 8.04.220, of which the keeping charges
shall be specified in Section 8,04.220. ,
(b) Placement of Animals. When a dog or other animal is sold by the poundkeeper, pursuant to this
chapter, the price shall not be less than ten dollars for dogs and two dollars for cats and other small
animals. '
( c) Surrender. The surrender of an animal by owner to the poundkeeper subsequent to impoundment
for a violation of this chapter or any provisions of state law shall not relieve the owner of the
obligation to pay such charges as set forth in this section, prior to such surrender, plus the
accumulated boarding charges or those applicable charges set forth in Section 8.04,220. (Ord. 3068 S
3,1991: Ord. 2901 S 2, 1986: Ord. 2640 S 2,1981: Ord. 2570 S 2, 1980: Ord" 2424 S 3, 1979: Ord,
2289 S 3,1977: Ord. 1963 S 1, 1973: Ord. 1712 S 9,1969: Ord. 1333 S 4.4, 1964)
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8.04.160 Dogs running in certain public areas.
.
It is unlawful for the owner or person having control of any dog to suffer or permit the same, under
any circumstances, to run at large in any public parks, or in any school, or upon any school grounds,
or in any commercial district, or in any game refuge, or in any public watershed area; and 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 shall be entitled to take such other action as may be
reasonably necessary for the protection of wild game in those cases involving dogs running at large in
game refuges or public watershed areas, (Ord. 1333 S 5, 1964)
8.04.170 Dogs running on certain private lands.
It is unlawful for the owner 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 or person entitled to the use or possession of such lands, (Ord, 1333 S 5.1, 1964)
8.04.175 Dog control by responsible person.
Dogs shall at all times be kept under the immediate control and direction of a responsible person, Any
dog which is not subject to such control and direction may be seized and impounded , (Ord, 1712 S 10,
1969)
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8.04.179 Prohibition of habitual animal noise which unreasonably disturbs the peace.
(a) Subject to the provisions of subsections (b), (c), and (d) of this section, it is unlawful for any
person to suffer or permit any dog, cat, fowl, or other animal to habitually bark, yelp, howl or create
noise in such a manner which unreasonably disturbs the peace of any person(s).
(b) Any person who shall keep or permit to remain on any premises, an animal which disturbs the
peace of any person in the manner set forth in subsection (a) of this section shall be guilty of an
infraction for a first offense and for a subsequent second offense as provided in Section 8,04,260(b).
Any person found in violation of this subsection for a third or additional offense shall be guilty of a
misdemeanor. An animal kennel regulated by a use permit ,under the provisions of the Marin County
Code shall not be subject to th~ provisions of this section. This section shall not apply to customary
animal noises of livestock, horses or other animals kept or owned for agricultural activities in areas
including but not limited to farms, ranches and stables which are zoned or legally permitted for such
purposes.
( c) Except as otherwise provided in subsection (d) of this section, the sheriff, upon receipt of a
documented complaint affirming that a violation as declared in this section exists, may notify the
owner or keeper of the offending animal and direct that such violation be abated. If the sheriff receives
a second complaint from any person within thirty days of the notice of complaint of an additional
violation by the animal, then the sheriff may issue a citation, Before issuing a citation the sheriff shall .
obtain a documented complaint which shall include the identification of the complainant and
information setting forth the basis for the complaint.
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Whenever possible, the sheriff may recommend the services of county mediation to the complainant
and the owner or keeper of the animal as a means of resolving the animal nuisance noise. Mediation is
voluntary and,both parties must agree in writing within ten business days of the complaint or citation.
Mediation must then be concluded within thirty business days of the agreement to mediate. If
mediation is refused by either party or is unsuccessful at the end of the thirty business days, then the
direction that violation be abated shall remain. '
(d) The sheriff may cause an animal to be immediately taken into protective' custody by the
( poundkeeper and/or issue a citation with a documented complaint if it is determined by the sheriff after
investigation of the complaint and interview of the complainant and the owner or keeper if he or she
can be located, that the noise created by the animal cannot be abated or quieted so that it continues to
disturb the peace of the complaining persori(s). The animal may then be taken into protective custody
if the sheriff determines it can be accomplished without unreasonable risk of injury or damage to the
involved parties, the animal or private property, If an animal is taken into protective custody, the
sheriff shall immediately provide written notice conspicuously posted on the property from which the
animal has taken, or by personal service to the owner or keeper. This notice shall include the
conditions under which the animal was taken, how the animal can be redeemed and the provisions for
a hearing under subsection (e) of this section. Within twenty-four hours, notice shall also be given in
accordance with Section 1. 04.190. Where the owner or address is unknown, notice of the hearing
shall be given by posting the same in the office of the sheriff and by publication in a newspaper of
general circulation. Notice shall then be deemed given on publication of the notice.
An animal placed under protective custody under this section may be redeemed by the owner or its
keeper provided there is presented to the poundkeeper proof of the owner's identity and any required
license certificate or license tag or other satisfactory proof of ownership and by paying the charges
provided for under Section 8.04.150. Any animal taken into custody under this section may be sold or
released by the poundkeeper toa person other than the owner or keeper, if the animal is not redeemed
within thirty days except when seizing agency notifies poundkeeper that owner is unavailable due to
physical absence or otherwise unable to redeem the animal.
(e) The owner or keeper of an animal taken into protective custody under this section shall be entitled
to a hearing c'onducted by a hearing officer designated by the county administrator or his designee
pursuant tO,the provisions of Section 8,04,181(f)( 4). The hearing shall be conducted for the purpose
of determining whether the taking of the animal into protective custody was proper. The hearing shall
be held within ten business days following the taking of the animal into custody provided such owner
or keeper files a written request for a hearing with the sheriff within five business days following
written notice. The hearing shall be conducted in accordance with the provisions of Sections 8,04,181
(f) (7), (8), (9) and (10). Unless the hearing officer otherwise determines, the owner or keeper is liable
for all charges related to such taking of the animal into protective custody. (Ord, 3197 S 1, 1995: Ord.
3138 S 3,1993)
8.04.180 Prohibition of animals trespassing on public or private property.
It is unlawful to suffer or permit any animal or fowl to trespass on private or public property so as to
damage or destroy any property or thing of value, or so as to commit any other act dangerous to
public health or safety, and any animal committing such an act is a public nuisance. (Ord, 3138 S 4,
1993: Ord. 2288 S 5, 1977)
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8.04.181 Potentially dangerous and vicious dogs.
.
(a) Except as otherwise provided under the provisions of subsections (b) through (m) of this section,
the provisions of Chapter 9, Articles 1 through 5, Sections 31601 through 31683 and any amendments
thereto exclusive of Sections 31602, 31603, 31606 and 31644 of the Food and Agricultural Code are
adopted and incorporated by reference herein. .
(b) "Potentially dangerous dog" means any of the following:
(1) Any dog which, when unprovoked on two separate occasions within the prior thirty-six month
period, engages in any behavior that requires a defensive action by any person to prevent bodily injury
when the person and the dog are off the property of the owner or keeper of the dog;
(2) Any dog which when unprovoked bites a person causing a less severe injury than as defined in
Section 31604 of the Food and Agricultural Code;
(3) Any dog which when 'unprovoked has killed, seriously bitten, inflicted injury or otherwise caused
injury attacking a domestic animal off the property of the owner or keeper of the dog;
(c) "Vicious dog" means any of the following:
(1) Any dog seized under Section 599aa of the Penal Code and upon the sustaining ofa conviction of
the owner or keeper under subdivision (a) of Section 597.5 of the Penal Code;
.
(2) Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on. or kilis a
human being;
(3) Any dog previously determined to be and currently listed as a potentially dangerous dog which,
after its owner or keeper has been notified of this determination, continues the behavior described in
Section 8.04.181(b) or is maintained in violation of Section 31641, 31642 or 31643 of the California
Food and Agricultural Code.
(d) "Animal control department" means that agency appointed as poundkeeper for the county of Marin
under the provisions of Section 8.04.110,
(e) "Director" means executive director of Marin County animal services or any person authorized to
act on his/her behalf.
(f) A hearing on whether a dog shall be declared potentially dangerous or vicious shall be conducted in
the following manner:
(1) If the director has investigated and determined that there exists probable cause to believe that a
dog is potentially dangerous or vicious as defined by this section, a hearing shall be conducted. The
director shall prepare a petition specifying the basis as to why the dog is potentially dangerous or
VICIOUS.
.
(2) Whenever possible, any complaint received from a member of the public which serves as the
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evidentiary basis for the director to find probable cause shall be sworn to and verified by the
complainant and shall be attached to the petition.
(3)Prior to commencement of the hearing and if the allegations of the petition indicate that the dog is
potentially dangerous as defined under Section 8.04.181 (b), the county administrator or his designee
may offer in writing mediation services as an alternative to a hearing provided both the complainant
and the owner agree in writing to mediation. Mediation must be 'concluded within thirty days of the
offer to mediate. If mediation is refused or is unsuccessful, then the matter shall be referred to a
hearing under subsection (t)(1) of this section.
(4) The county administrator or his designee shall designate a hearing officer from a panel of up to five
persons whose membership shall be designated by the board of supervisors. Hearing officer applicants
shall have had a minimum of five years' experience as a practicing attorney and prior experience in
administrative, arbitration or mediation hearings. Prior experience in care and control of animals shall
also be considered but is' not necessary. The hearing officer shall conduct a hearing on whether a dog
shall be declared potentially dangerous or vicious. The hearing officer shall be compensated for the
actual hours devoted to the hearing and its determination at the existing hourly rate or fraction thereof
allowed a traffic referee of the Marin County municipal court,
(5)(i) The county administrator or his designee shall provide written notice to the owner of the specific
behavior of the animal alleged in the petition and the date upon which a hearing will be held to
consider the petition. The hearing shall be held not more than fifteen days after service of notice upon
the owner. The notice shall advise the owner of the consequences ofa finding of potentially dangerous
or vicious and the owner's right to present evidence as to why the dog should not be declared
potentially dangerous or vicious. Service of the notice shall be made in accordance with Section
1.04.190. Where the owner or address ofimy affected owner is unknown, notice of the hearing shall
be given by posting the same in the office of the director and by publication in a newspaper of general
circulation. Notice shall then be deemed given on publication of the notice,
(ii) A hearing may be continued if the hearing officer deems it necessary and proper or upon a showing
of good cause. '
(iii) The time for hearing and the hearing provisions of subsection (d)( 5)(i) of this section shall be
stayed if mediation services are offered pursuant t6 the provisions of subsection (t)(3) of this section,
The time for hearing and the hearing provisions of this subsection shall recommence at the date the'
county administrator or his designee has determined in writing that mediation has not been accepted or
has been unsuccessful.
(6) In cases where complaint(s) from the public serve as the evidentiary basis for the director to
prepare a petition, at least one of the complainants or his or her designee in the matter must appear
and testify at the hearing or the complaint shall be dismissed,
(7) If the owner fails to appear at the hearing, the hearing shall nevertheless proceed and an
appropriate order shall be issued.
(8) The hearing officer shall consider all relevant responsible evidence without regard to the formal
rules of evidence, including circumstances of mitigation, and the record of any prior violations by the
owner.
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(9) AIl witnesses shall testify under oath or affirmation. The oath shall be administered by the hearing
officer. The hearing officer may, when appropriate, request the production of oral or documentary
evidence which is reasonably necessary and relevant to conduct a hearing. AIl proceedings shall be
tape recorded.
.
(10) The hearing officer shall issue a written determination based upon a preponderance of the
evidence, which shall be mailed to the owner within seven days after the hearing is completed,
(11) If an animal is found to be potentially dangerous or vicious by a preponderance of the evidence,
the animal shall be so designated on the records of Marin County animal services. Such a designation
shall be considered in future determinations involving the animal and/or owner.
(12) The owner of a dog for which a potentially dangerous petition has been issued may irrevocably
waive his right to a hearing and any further appeal under Food and Agricultural Code Section 31622
and accept all conditions, sanctions and ,penalties set forth in Food and Agricultural Code Sections
31641,31642 and 31643, and Section 8.04,181(k),
(g) In accordance with the provisions of Food' and Agricultural Code ,Section 31641, the owner of a
potentially dangerous dog shall in addition to the regular licensing fee, pay to the animal control
agency an annual fee of twenty-five dollars to provide for the increased costs of maintaining the
records of the dog.
(h) The owner of a dog determined to be vicious shalCin addition to the regular licensing fee, pay to .
the animal control agency an annual fee of fifty dollars to provide for the increased costs of
maintaining the records of the dog,
(i) The owner of a dog determined vicious shall, at his/her own expense, have the vicious animal
registration number assigned to the dog tattooed upon the dog's left ear or, if the left ear is not
available, on the left inner thigh, by a licensed veterinarian or a person trained, authorized and licensed
to do business as a tattooist. As an alternative to tattooing, an owner may have a microchip injected
beneath the skin, and between the shoulder blades of the animal by a licensed veterinarian, The owner
shall provide proof satisfactory to Marin County animal services of such tattooing or microchipping
within thirty days of the vicious determination.
G) An owner of a vicious dog shall, within ten days of such determination, present said animal at the
Marin County animal services and allow photographs and measurements of the animal to be taken for
purposes of identification.
(k) An ownerofa dog found potentially dangerous under Section 8,04,181 (b), who has no additional
violations of any of the provisions of Title 8 of the Marin County Code, within a thirty-six-month
period from the date of designation as potentially dangerous, shall be removed from the list of
potentially dangerous dogs by the director. The dog may be, but is not required to be, removed from
the list of potentially dangerous dogs prior to the expiration of the thirty-six-month period if the owner
or keeper of the dog demonstrates to the director that changes in circumstances or measures taken by
the owner or keeper, such as training of the dog, have mitigated the risk to public safety,
(1) An owner of a dog found vicious under Section 8,04,181 (c)(3), who has no additional violations
of any of the provisions of Title 8 of the Marin County Code, after a thirty-six-month period from the
.
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date of designation as vicious, may apply to the director to remove the animal from the list of vicious
animals. The director shall remove the animal from the list of vicious animals upon proofofthe
successful completion of at least eight weeks of formal obedience training, other similar evidence of
training, or other rehabilitative efforts designed to mitigate the risk to public safety.
(m) All sanctions imposed on dogs determined potentially dangerous or dangerous prior to the
enactment of the ordinance codified in this section,shall remain in effect, except that any violations
subsequent to the enactment of this section shall be governed by this section. In determining
subsequent violations the following provisions shall apply: Any dog previously determined potentially'
dangerous prior to the enactment of this, section, shall be considered potentially dangerous as defined
under the provisions of this section and subject to all of its provisions governing the regulation and
disposition of potentially dangerous dogs; any dog previously determined dangerous prior to the
enactment of the ordinance codified in this section shall be considered vicious as defined under the
provisions of this section and subject to all of its provisions governing the regulation and disposition of
vicious dogs. (Ord. 3138 S 3,1993: Ord. 3041 SJ, 1990: Ord. 3031 S 3,1990: Ord. 2969 S 3,1988)
8.04.185 Limitation on number of dogs.
Except as provided in Sections 8.04,245 and 8,04.246 of Chapter 8.04, and except as provided in
Chapters 22.10, 22.12, 22.32, 22.36, 22.38 and 22.47, and other than legal uses now in existence, itis
unlawful for any person to keep or harbor more than three dogs which are over the age of four months
on any lot, premises, dwelling, building, structure, boat or living accommodation, As used in this
section, lot, dwelling, building and structure have the same meaning asset forth in Chapter 22.02,
(Ord. 2288 S 6,1977: Ord, 2174 S 3,1975)
8.04.190 Stray animals.
Any person discovering a stray or apparently lost animal shall report the same to the poundkeeper,
Any person who apprehends or picks up a stray or lost animal shall report the same to the
poundkeeper within eight hours thereafter and shall release such animal to the poundkeeper upon
demand. (Ord. 1333 S 5.3, 1964)
8.04.195 Fees for pickup and disposal of dead dogs, cats and small household pets and wildlife.
A fee oftwenty dollars shall be charged an owner of a dead dog, cat or small household pet for the
pickup and disposal of the animal by the poundkeeper, A fee of twenty-five dollars shall be charged
for pickup and disposal of dead wildlife under fifty pounds, and fifty dollars for dead wildlife over fifty
pounds, by the poundkeeper, (Ord, 3138 S 8, 1993: Ord, 2901 S 3, 1986: Ord, 2289 S 4, 1977: Ord.
1964 S 2, 1973)
8.04.200 Biting'animals to be reported.
The owner or other person having custody or control of any animal which bites a human being shall
immediately notify the county health officer of such bite, giving the name and address of the person
bitten, if known to him, and shall faithfully obey any quarantine instructions given by the health officer,
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(Ord. 1333 S 5.4, 1974)
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8.04.220 Estray livestockCharges.
Notwithstanding any provisions in this chapter to the contrary, the Agricultural Code of the state of
California, Division 3, Chapter 5, shall be complied with in reference to estray bovine animals, horses,
mules or burros; however, stray animals will be subject to the following charges:
(1) For every horse, mare, ass, ox, cow, bull, colt, or calf over the age of six months, the charge of
forty dollars and an additional charge of ten dollars per day for keeping;
(2) For every colt or calf under the age of six months and for every sheep, lamb, goat or hog, a charge
of twenty-five dollars and an additional charge of nine dollars per day for keeping. '
The county shall also be entitled to collect for all costs incurred in connection with such animals,
including, but not limited to, the cost of herding, advertising, transporting, drugs, and veterinary
services. A herding fee of twenty-five dollars per hour or any fraction thereof shall be charged in
connection with such animals which are returned to the owner by the county, (Amended in 3-93
supplement; Ord. 2901 S 4,1986: Ord. 2640 S 3,1981: Ord, 2570 S 3,1980: Ord, 2535 S 1, 1979:
Ord. 2424 S 4,1979: Ord. 2289 S 5,1977: Ord. 1712 S 11, 1969: Ord, 1333 S 5,6,1964)
8.04.230 Use of animals for exhibits.
.
It is unlawful for any person to operate, conduct or maintain any commercial show, circus, animal
exhibition, carnival or advertising display or device in which any dog, cat or other animal, wild or
domestic, or fowl, is used or kept without first having obtained a permit therefor. A permit fee of one
hundred dollars is imposed for such purposes, The poundkeeper shall, in connection with the issuance
of any such permit, establish such conditions as may be reasonably necessary to protect the public
health and safety, and to provide for the humane care and treatment of any dogs, cats or other animals,
wild or domestic, or fowl, which may be so used. The poundkeeper may waive the permit fee when
the use of the animals for exhibit benefits a nonprofit organization, and the poundkeeper also
determines that an inspection of the exhibit is not necessary. (Amended in 3-93 supplement; Ord. 2570
S 4, 1980: Ord. 2424 S 5,1979: Ord. 2289 S 6,1977: Ord.1333 S 5,7,1964)
8.04.240 Commercial animal establishment.
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the humane care or treatment of the dogs, cats or other animals whether they are domestic or wild,
(Amended in 3-93 supplement; Ord. 2570 S 5, 1980: Ord. 2424 S 6, 1979: Ord. 2289 ~ 7, 1977: Ord.
1712 S 12, 1969: Ord. 1333 S 5.8,1964)
8.04.24SDog hobbyists.
(a) Regulations. The poundkeeper is authorized and directed to adopt and to submit for approval to
the board of supervisors comprehensive regulations concerning dog hobbyist activities, including but
not limited to thenumber of dogs that a dog hobbyist may maintain, the types of premises allowed to
be licensed, the sale of dogs, and related matters.
(b) Permit. An individual who wants to qualify as a dog hobbyist must apply for a permit from the
poundkeeper. A permit shall be issued if the poundkeeper determines, after investigation, that the
applicant is a bona fide dog hobbyist, maintains appropriate premises for the proper confinement and
control of the animals, will not create a nuisance in the neighborhood in which the activity is proposed,
and in all other respects complies with the regulations adopted by the poundkeeper pertaining to dog
hobbyists. Permits may be issued subject to such conditions as the poundkeeper determines are
necessary to protect the public health and welfare and to avoid the creation of a nuisance or public
health hazard. Any applicant or permittee aggrieved by the revocation or modification of a permit may
request a hearing provided by Section 8,04,122. A request for a hearing shall be in writing and filed
with the poundkeeper not later than seven working days following transmittal of the poundkeeper's
decision to the applicant or permittee. Upon conclusion of the hearing, the presiding officer shall issue
an appropriate order sustaining, modifying or setting aside the determination of the poundkeeper.
(c) Revocation of Permit. A permit may be revoked, or continued, subject to limited conditions of use,
if the poundkeeper determines that any of the following conditions exist:
(1) The permittee has violated the provisions of this chapter twice in one license year.
(2) The permittee has been convicted of cruelty to animals,
(3) The permittee has failed to comply with the conditions of the permit.
(4) Continuation of the permit will create a public nuisance or health hazard,
(5) Continuation of the permit will create a nuisance in the neighborhood in which the permit has been
issued. '
Any permittee aggrieved by the revocation or modification of a permit may request a hearing provided
by Section 8.04.122, A request for a hearing shall be in writing and filed with the poundkeeper not
later than seven days following transmittal of the poundkeeper's decision to the permittee, Upon
conclusion of the hearing, the presiding officer shall issue an appropriate order sustaining, modifying
or setting aside the determination of the poundkeeper.
(d) Fees and Licenses. The poundkeeper shall collect a fee for the issuance of each dog hobbyist
permit. The fee shall be in an amount established by resolution of the board of supervisors, The
issuance of a dog hobbyist permit shall include provision of an individual license for each dog harbored
under the permit at no additional charge,
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(e) Confinement. All dogs under the control ofa dog hobbyist must be confined to the owner's
property at all times, except when removed for training, recreational use or exhibition, at which times .
they must be under the immediate control of the permittee or agent. (Ord. 2570 ~ 6, 1980: Ord. 2288
~ 12, 1977)
8.04.246 Ranch dog permittees.
The provisions and regulations provided in Section 8.04.245 for dog hobbyists shall govern and apply
to all ranch dog permittees. The fees and license requirements for any ranch dog permittee shall be the
same as provided in Section 8.04.245 for dog hobbyists, (Ord. 2288 ~ 13, 1977)
8.04.250 Sale of animals for experimentation.
Neither the poundkeeper nor anyone in his employ shall knowingly sell or give any impounded animal
to any person, firm, corporation, association or school for the purpose of animal experimentation, No
person, firm, corporation, association or school shall by fraud, misrepresentation or coercion induce
the poundkeeper or anyone employed by him to sell or give away any impounded animal for the
purpose of animal experimentation. (Ord. 13 3 3 S 5.9, 1964)
8.04.252 Animals and vehicles.
.
(a) No person, other than an individual actually working a dog for ranching purposes, shall transport
or carry, on any public highway or public roadway any dog in a motor vehicle, unless the animal is
safely enclosed within the vehicle or protected by a cap or container, cage or other device that will
prevent the dog from falling from, being thrown from, or jumping from the motor vehicle,
(b) No person shall leave a dog or any other animal in an unattended vehicle without adequate
ventilation, or in such a manner as to subject the animal to extreme temperatures which adversely
affect the animal's health or welfare, (Ord, 2799 S 4, 1983)
8.04.255 Senior citizen, blind or disabled persons discount on specified fees.
(a) Senior citizens age sixty-two and older, blilid or disabled persons, upon satisfactory proof to the
county tax collector or poundkeeper shall be entitled to a discount of twenty-five percent off the dog
license fee and prorated license fee provided under Section 8,04,060, and the spayed and neutered fee
provided under state law,
(b) For purposes of this section a person shall be considered to be disabled if that person is unable to
engage in any substantial gainful activity by reason of any medically determinable physical or mental
impairment which can be expected to last for a continuous period of not less than twelve months, and
only if the physical or mental impairments are of such severity that person is not only unable to do his
or her previous type of work, but cannot, considering age, education and work experience, engage in .
any kind of substantial gainful work.
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( c) A person shall be considered blind if there has been a medical determination of either of the
following conditions:
(1) Central vision acuity (sharpness of vision) of no more than 20/200 with correction; or
(2) Tunnel vision, which is limited visual field of twenty degrees or less. (Ord. 2891 9 2, 1985: Ord.
2570 '9 7, 1980)
8.04.260 Penalty for violation.
(a) Except where otherwise provided, any person violating any of the provisions of Section 8,04.179,
8.04.180,8.04.181,8.04.240,8.04.245 and 8,04.246 of this chapter is guilty ofa misdemeanor.
(b) Any person violating any other of the provisions of this chapter is guilty of an infraction as
provided in Section 19.6 of the Penal Code, and upon conviction thereof shall be punished by a fine of
not'more than fifty dollars for the first offense and for a second or subsequent offense bya fine of not
m~re than one hundred dollars (Ord. 3197 9 2, 1995: Ord. 2969 9 4, 1988: Ord, 2288 9 7, 1977: Ord.
217492, 1975: Ord. 1909 S 3, 1972: Ord, 1333 96, 1964)
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LIVESTOCK ON HIGHWAYS
Chapter 8.08
Sections:
8.08.010 Unaccompanied livestock on certain highways prohibited.
8.08.020 Nighttime herding on highways regulated.
8.08.030 Penalty for violations.
8.08.010 Unaccompanied livestock on certain highways prohibited.
It is unlawful for any person owning, or controlling the possession of, any livestock, to voluntarily or
negligently permit any such livestock to stray upon or remain unaccompanied by a person in charge or
control thereof upon a public highway, both sides of which are adjoined by property which is
separated from such highway by a fine, wall, hedge, sidewalk, curb, lawn or building. (Ord, 238 S 1,
1936)
8.08.020 Nighttime herding on highways regulated.
- It is unlawful for any person to drive any such livestock upon, over or across any public highway
between the hours of sunset and sunrise without keeping a sufficient number of herders on continual
duty to open the road so as to permit the passage of,vehicles, (Ord, 238 S 2, 1936)
8.08.030 Penalty for violations.
Any person or persons violating any provision or provisions of this chapter shall be deemed guilty of a
misdemeanor and punishable by a fine of not more than five hundred dollars or by imprisonment in the
county jail for not more than six months, or by both such fine and imprisonment. (Ord. 238 S 3, 1936)
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DOGS RUNNING DEER
Chapter 8.12
Sections:
8.12.005 Hunting.
8.12.010 Permitting dogs to run deer.
8.12.020 Allowing certain dogs at large.
8.12.030 Penalty for violation.
8.12.005 Hunting.
The provisions of this chapter shall not apply to individual engaged in hunting activities during the
periods authorized and in the f!1anner authorized by the California Fish and Game Code and the
California Administrative Code. (Ord. 2799 S 5, 1983)
. 8.12.010 Permitting dogs to run deer.
.
Every owner, claimant or keeper of any hound or hounds or other dogs who suffers or permits such
hound or hounds or other dogs to hunt, chase, course or kill deer in the county of Marin shall be guilty
of a misdemeanor. (Ord. 2799 S 6, 1983: Ord. 11 0 S 1, 1900)
8.12.020 Allowing certain dogs at large.
Ever owner, claimant or keeper of any hound or hounds or other dogs accustomed to or having the
propensity to hunt, chase, course or kill deer who suffers or permits such hound or hounds or other
dogs to go or run at large in the county of Marin shall be guilty of a misdemeanor. (Ord. 2799 S 7,
1983: Ord. 110 S 2, 1900)
8.12.030 Penalty for violation.
Any person violating any provision of this chapter shall be guilty of a misdemeanor, and upon
conviction thereof shall be punished by fine of not less than one hundred dollars, nor more than five
hundred dollars. (Ord. 2799 S 8, 1983: Ord. 11 0 S 3, 1900)
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DEFINITIONS FROM ZONING ORDINANCE
(CHAPTER 16, TIBURON MUNICIPAL CODE)
Agriculture: The tilling of the soil, the raising of
crops, horticulture, viticulture, small livestock
farming, dairying, and/or animal husbandry, including
all uses customarily incidental thereto, but not
including slaughter houses, fertilizer works, bone
yards, or plants for the reduction of animal matters.
Animal,
such as
family,
Large: Any
a cow , goat,
or llama.
cloven-footed or hoofed animal
sheep, pig, member of the horse
Animal, Small: Any animal, bird, or reptile of
substantially less size than a cloven-footed or hoofed
animal, including a chicken, turkey, rabbit, cat, dog,
duck, mink, hamster, chinchilla, frog, fish, worm, or
bee.
.
Kennel: Any lot or premises on which four or more
dogs, cats, or other small animals at least four
months of age are kept; or an establishment in which
veterinary services, clipping, bathing, boarding, and
other services are rendered to dogs, cats, and other
small animals and household pets.
.
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