The URL can be used to link to this page

Home My WebLink AboutTC Agd Pkt 1995-12-11 '("(\ Ov'~__,:Ct),--, TIBURON TOWN COUNCIL AGENDA ADJOURNED MEETING TOWN OF TIBURON 1101 TIBURON BLVD. MEETING DATE: MEETING TIME: CLOSED SESSION: DECEMBER 11, 1995 7:30 P.M. NONE PLEASE NOTE: In order to give all interested persons an opportunity to be heard, and to ensure the presentation of all points of view, members of the audience should: (1) Always Address the Chair; (2) State Name and Address; (3) State Views Succinctly; (4) Limit Presentations to 3 minutes; (5) Speak Directly into Microphone. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact Town Hall (415) ~7373. NotifICation 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102-35.104 ADA Title IIJ A. ROLL CALL B. PUBLIC OUESTIONS AND COMMENTS Please confine your comments during this portion of the agenda 10 matters not already on this agenda, other than items on the Consent Calendar. The public will be given an opportunity to speak on each agenda item at the time it is called. Presentations are limited to three (3) minutes. Matters requiring action will be refen'ed to the appropriate Commission, Board, Committee or Staff for consideration and/or placed on a future meeting agenda. C. CONSENT CALENDAR The purpose of the Consent Calendar is to group items together which generally do not require discussion and which will probably be approved by one motion unless separate action is required on a particular item. Any member of the Town Council, Town Stoff. or the Public may request removal of an item for discussion. 1. 2. 3. APPROVAL OF TOWN COUNCIL MINUTES - # I 070, November 21, 1995 MARIN COUNTY HAZARDOUS AND SOLID WASTE MANAGEMENT JPA (Approve Withdrawal Effective 6/30/96) REDUCE SMOKING AMONG CHILDREN (Regulating Tobacco Products - Resolution) D. NEW BUSINESS 4. RED & WHITE FLEET ( New Year's Eve Ferry Service from Sausalito and Tiburon for Downtown San Francisco Celebration) . Future Aeenda Items - New Library Land Lease - Green Can Program - To January 3, 1996 (HAPPY NEW YEAR!) ADJOURNMENT G. 11. Letter to Marin City Managers from MMWD, dt'd 12/7/95 G. COMMUNICATIONS 10. TREE ORDINANCE - AMENDMENTS TO CHAPTER 15A OF TIBURON TOWN CODE REGULATING TREES - 1st Reading 9. REVISED TRAFFIC ORDINANCE - AMENDMENTS TO CHAPTER 23 OF TIBURON TOWN CODE - 1st Reading 8. FALSE ALARM ORDINANCE (Repeal and Readoption of New Chapter 29 ofTiburon Town Code (Second Reading and Adoption) A. Newman Property, 841 Tiburon Boulevard - Applicant: Landmarks Society B. Numerical Identification of Designated Historical Landmarks 7. HISTORICAL DESIGNATION OF TOWN LANDMARKS F. PUBLIC HEARING A. Approve Final Ballot Wording for Proposed Parcel Tax (Resolution) B. Call for Election and Measure to be Placed on March 26, 1996 Ballot (Resolution) 6. STREETS IMPROVEMENT PROGRAM (Final Ballot Wording for Parcel Tax to Implement Five (5)-Year Street Repair Program 5. NEW TOWN HALL FACILITIES (Approval of Site Plan and Schematic Building Plans) E. UNFINISHED BUSINESS CD MINUTES OF THE TOWN COUNCIL/PLANNING COMMISSION/ DESIGN REVIEW BOARD PUBLIC PRESENTATION & HEARING ON THE NEW TOWN HALL PROPOSAL NOVEMBER 21, 1995 TIBURON LODGE CALL TO ORDER Mayor Wolf called the special joint meeting of the Tiburon Town Council, Planning Commission and Design Review Board to order at 7:40 p.m. on Wednesday, November 21, 1995, at the Tiburon Lodge, 1651 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Ginalski, Hennessy, Thayer, Thompson, Wolf Greenberg, Klairmont, Schrier, Siewert Heckmann Berger, LeRoux Parhomenko, Sadrieh, Shadan Planning Director Anderson, Town Engineer Mohammadi, Chief of Police Herley, Town Manager Kleinert PLANNING COMMISSIONERS: ABSENT: DESIGN REVIEW BOARD: ABSENT: EX OFFICIO: It was noted that less than quorum of the Design Review Board was present. I. OPENING COMMENTS Mayor Wolf welcomed the attendees to the joint session for the preliminary review of the New Town Hall facilities, outlined the purpose of the public meeting and indicated the workshop was an opportunity for public input. She stated that emphasis should be primarily placed upon the preliminary site and building plans rather than the interior space plan. Wolf said the architects were continuing to meet with Town staff regarding the proposed office functions and layout. II. INTRODUCTION BY BUILDING ADVISORY COMMITTEE Building Advisory Committee Chair Wilson reviewed the downtown Town Hall design program to date and future scheduled goals. He recognized the architectural firm of Bull, Stockwell, Allen & Ripley as the architects for the downtown new Town Center, and introduced the project architects March Schatz and associate Will Adams, who were in attendance at this meeting. He acknowledged the benefit in having the same architect for both the proposed new library and Town Hall facilities. Town Council #/07D/Planning Commission/Design Review Board 1l/21/95 I m. ARCHITECT'S PRESENTATION Mark Schatz proceeded with the architect's presentation of the preliminary site and building plans, the relationship with the new library building and the proposed parking and traffic circulation. Mayor Wolf then opened the public hearing for comments from the Town Council, Planning Commission, Design Review Board and the public. IV. OUESTIONS & COMMENTS Council member Thayer expressed concern about safety at the entrance to the site from Tiburon Boulevard. Mr. Schatz replied that all professionals who have reviewed the entrance design found it to be acceptable. Councilmember Ginalski was concerned about groundwater intrusion into the facility. Mr. Schatz replied that waterproof membranes are part of the design and would keep the facility dry. Council member Hennessy asked if the Library could be moved forward toward Tiburon Boulevard in order to create a vehicular exit onto Mar West Street. Mr. Schatz stated that such a design was explored early in the Town hall site design process and found to be unworkable with the Library's site design program. In any event, the second exit was found to be unnecessary. Councilmember Thompson asked if a public notice board could be put at the front of the building, similar to that found at San Anselmo Town Hall. He also suggested a rear public entrance to the building from the parking lot, and noted that the dormer appeared to be stubbed off to excess. Mayor Wolf was disheartened by the new site plan. She felt there were too many cars allowed in the Plaza area, and wanted it to be a better public space. She noted that this was the only opportunity which the Town would have to design a new town hall, and wanted to make the most of it. She suggested that the site plan be modestly reworked to create a public plaza area at the rear of the site, and not as a parking lot at the front of the site. Commissioner Greenberg expressed concern about the piece-mealing of the area, including the library, Town hall, and the open space area behind them. She wanted an integrated plan and environmental review. Commissioner Schrier said he shared the concerns of Mayor Wolf and Commissioner Greenberg. He liked the idea of the plaza at the rear and wanted an integrated CEQA review. He opposed adding any new street parking along Mar West Street. He favored reciprocal parking arrangements with Mr. Zelinsky's adjacent parking lot. He expressed a desire to see the lawsuit with the State settled before a final plan is completed. Town Council # l070/Planning Commission/Design Review Board 11/21/95 2 Commissioner Klairmont was concerned about pedestrian circulation and lighting for night-time use, and supported a logical integration of the Town Hall and library sites with the adjacent open space parcel. Mr. Schatz noted that articulated sidewalks and shielded parking lot lights would be part of the project. Commissioner Siewert had several floor plan and square footage questions. She noted that traffic impacts would need to be studied, and was concerned about piece-mealing of the CEQA analysis. The issue of flooding also needed to be addressed. She agreed with Mayor Wolf about a redesign of the parking flow, and noted that the loss of the trellis had hurt the project design. She believed that the buildings looked separate and felt separate, more than was appropriate, and that more consistency in the roof design between the two buildings could close this gap. She expressed concern about tall building blocking views of the hills behind. Boardmember Berger saw no mass of view problems with the current plan. The separation of the buildings by a parking lot was unavoidable. He suggested elimination of parking from the plaza area and an emphasis on human use. He encouraged the architects to avoid cuteness in the style of the building, and to incorporate elements of the Donahue Building as an historical jumping-off point. The use of utilitarian and simple spaces was also encouraged. He asked that tourist-town images be avoided and no toy-like features be used. The building should have no residential qualities and should have more of a commercial appearance. Boardmember LaRue wanted the flavor of Old Tiburon reflected in the design. More landscaping along the back and plenty of bicycle parking for both buildings were suggested. He suggested that story poles be erected. Boardmember Berger stated that it was not necessary to tie the buildings together as an architectural statement on an overkill basis. Town Hall need not imitate the library design. Mayor Wolf then opened the meeting for public comment. Richard Rozen provided an overview of the long and complex effort to construct a library, and stated that he would not want to see any Council action that would break promises or legal obligations. Alan Littman stated that substantial private donations to the library cause were based upon the site plan and location shown on the display maps. He urged the Council not to slow down, delay, or cause extra expense to the library at this point in time. Bruce Ross noted that in the real world, development happens on a piece-meal basis, and cited factory towns as one of the few exceptions to this rule. He noted that cumulative impacts of projects are primarily addressed in a Town's General Plan ErR, and that such analysis for small projects is limited in nature. Mr. Ross felt that the plaza shown on the site plan would never be used by people; it was simply a parking lot with special paving. He felt that the open space land behind the site should be connected to the Town Hall/Library complex at some point in time, and Town Council #1070/Plallllil1g Commission/Design Review Board 1l/2//95 3 . not be blocked by parking spaces. He urged that some parking spaces along the rear property line be eliminated, and that the Town Hall building could be "squared up" with Tiburon Boulevard. Karen Nygren expressed concern about glare problems within the Council Chambers from the large windows facing the south. She also was concerned about internal security of work spaces from the public lobby; the possibly draft, noisy, and open environment created inside the building; and about having double-doors as an entrance to the Council Chambers. She preferred a frontal location for the public plaza, with a generous setback from Tiburon Boulevard. Carol Forrell wanted to avoid any site plan changes which would cause delays and extra expense to the library project. Larry Smith stated that the Town must honor the library's demands, and wanted to see a public plaza area behind the parcels on the open space land. He urged the Council to make the project happen. Hal Edelstein agreed with the comments of Larry Smith and Bruce Ross. He wanted some spaces at the rear property line eliminated to provide a more inviting transition to the open space parcel. Dave Allen reminded all concerned that this was a Belvedere project as well as a Tiburon project. Rita Fink believed that these projects were the most exciting thing to happen in Tiburon for many years, and supported the plan as set forth. VI. ESTABLISH ACCELERATED SCHEDULE FOR ENVIRONMENTAL REVIEW OF SITE PLAN The Town Council posed questions concerning the project review process. Planning Director Anderson clarified that the Town's review process could be accelerated, but that the environmental review is governed by state laws and cannot be shortened, only expedited. Council asked about the possibility of streamlining its local review process. Anderson responded that the Council has great latitude in shortening its review process, and may wish to consider the same approach that was used for the Measure "M' new Town Hall plan at Ned's Way, and that is proposed for the new Belvedere- Tiburon Library project. VB. ESTABLISH SCHEDULE FOR DESIGN REVIEW OF BUILDING PLANS After general discussion, the Town Council directed that Staff prepare a "best case" processing schedule for the new Town Hall project for discussion at the December 6, 1995 Town Council meeting. Town Council # I070/Planning CommissiofliDesign Review Board 11/21/95 4 . VITI. ADJOURNMENT There being no further business before the joint meeting of the Tiburon Town Council, Planning Commission and Design Review Board, Mayor Wolf adjourned the meeting at 10:30 P.M., sine die. NICKY WOLF, MAYOR MARYLYN SIEWERT, CHAIR PLANNING COMMISSION ATTEST: ROBERT L. KLEINERT, TOWN MANAGER SCOTT ANDERSON, SECRETARY TOW', Council #J070/Plonning Commission/Design Review Board 11/21/95 5 , @ MEMORANDUM TO: TOWN COUNCIL DECEMBER 11, 1995 FROM: TOWN MANAGER SUBJECT: WITHDRAWAL FROM HAZARDOUS AND SOLID WASTE MANAGEMENT JPA BACKGROUND In 1993 the Town of Tiburon and twenty-two (22) other public agencies in Marin County which have franchising authority over the collection and disposal of solid waste agreed to participate in the creation of a Hazardous and Solid Waste Management JPA. The JPA was established primarily in an effort to assist all of the Marin County Agencies in complying with the provisions of AB939, which reflected Integrated Solid Waste Management legislation that mandated the diversion of solid waste from landfills through recycling. Since its creation, the JPA has proven to be unwieldy and generally dysfunctional. Various programs intended to meet AB939 guidelines are routinely adopted and then challenged when a minority of the JPA members disagree with those programs. The JPA budget has been difficult to adopt and constantly challenged by certain members, and the budget funding is likewise challenged when the potential impacts of the landfill's tipping fees and operations are questioned. JP A meetings often result in marathon debates that tend to polarize the Special Districts against the Cities, Cities and Districts against the County and occasionally Cities against Cities. Even the selection of the JPA officers who would preside over the Authority was difficult to determine because the majority of the members could not agree on a candidate. Despite the dysfunctional nature of the JPA, the County Office of Waste Management, whom the JPA had contracted to provide basic services necessary to meet AB939, has been able to accomplish certain required aspects of the AB939 legislation. They were able to secure approval from the State for the County-wide disposal siting element and has established procedures necessary to account for the diversion rates for the cities and County. Because the JPA was unable to arrive at a decision regarding how the contract with the County Office of Solid Waste Management Services Agreement would be funded for fiscal year 1995-96, the County of Marin submitted in November a 90-day notice of termination of services to the JPA effective February 9,1996. At that time the JPA will have to find another way to provide services necessary to monitor diversion service rates, interact with the State Waste Management Board, implement the household hazardous waste collection program, etc. RECOMMENDA nON That Staff be directed to take whatever action is necessary for the Town of Tiburon to withdraw from the Marin County Hazardous and Solid Waste JPA and to work with the Marin Managers and County Administrator to consider the following options: 1. With the disbanding of the current JPA, a new organization will have to be created to take its place for each city and the county will be faced with the prospect of complying with AB939 on its own. At the moment, the cities and the county are considering creating a JP A that will include just the jurisdictions that have the legal responsibility for complying with AB939 (the cities and the county) and not the eleven special districts that currently have franchising authority but no legal responsibility for AB939 compliance. Or 2. In the event a countywide JPA including all of the cities and the county is, for whatever reason, deemed unfeasible, then the southern Marin cities served by Mill Valley Refuse Service will explore the feasibility of creating a smaller JP A that will serve the same purpose. The city managers and the county administrator will soon begin meeting to develop the new JPA language for consideration by their legislative bodies. r COUNTY OF MARIN DEPARTMENT OF HEALTH AND HUMAN SERVICES @) " 1682 Novata Blvd. Suite] 50-C Novata, CA 94947 (415) 899-8625 (415) 899-8656 (FAX) NOTICE!!! The Food and Drug Administration is seeking comments from U.S. citizens on the proposed new Regulations Restricting the Sale and Distribution oC Cigarettes and Smokeless Tobacco Products to Protect Children and Adolescents. The intention of the proposed rule is to reduce childrens and adolescents' easy access to cigarettes and smokeless tobacco as well as significantly decrease the amount of positive imagery that makes these products appealing to them. It would not restrict the use of tobacco pro cis by adults. v , , i Please write your comments to the FDA b . Comments need not be lengthy or technical, but the FDA is seeking thoughtful stat ments. State whatever you feel- are the regulations going too far, not far enough, or is there another angle to be considered? You may use the enclosed post card to write your comments, just add your name and address and drop it in the mail. The back side of this sheet contains a brief summary of the proposed regulations. Since public funds may be used only to describe the regulations, we cannot recommend any position. However, you may request more information by calling us at 899-8623 for a more detailed analysis (4 pages, but no recommendations). You may also order the entire set of regulations from the Government Printing Office at 202-5]2-0132. Each set costs $8.00. If you have another moment, write your ideas about youth and tobacco to your Senator or Representative, since many new laws are emerging in Congress, from both the tobacco industry side and the public health side. Let your lawmaker know how you would like him or her to vote. Their addresses can be found in your newspaper, the front of the phone book or by calling the library. Thank you for participating with your comments. (See reverse side for summary of FDA regulations). . SUMMARY: PROPOSED FDA REGULATIONS ON CHILDREN AND TOBACCO The FDA is currently taking public comments regarding their proposed regulations. These regulations would: 1. Eliminate easy access to tobacco products by minors by eliminating cigarette vending machines, free tobacco samples and the sales of single cigarettes. 2. Ban outdoor tobacco ads within 1,000 feet of schools and require all other outdoor tobacco ads to only have black and white text, without graphical images. 3. Require that ads in publications with a significant youth readership appear in black and white text only. 4. Prohibit sale or giveaway of products that carry tobacco product brand names or logos. 5. Prohibit tobacco brand names sponsorship of sporting or entertainment events. 6. Mandate a $150 million anti-tobacco advertising campaign funded by the tobacco industry. 7. Make 18 the minimum age of sale and require age verification to purchase tobacco products. Letters or postcards with your comments to the FDA can be sent befor~to: Dockets Management Branch (HFA-305), Food and Drug Administration, Room ]-23 12420 ParkIawn Drive, Rockville, Maryland 20857 RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TmURON SUPPORTING THE PLAN TO REDUCE SMOKING AMONG CHILDREN THROUGH REGULATION OF TOBACCO PRODUCTS WHEREAS, tobacco use is responsible for the death of more than 400,000 people every year in the United States including 40,000 people in California, and is the number one cause of disease and death; and WHEREAS, every day in California 300 children become smokers; and WHEREAS, more than half of all smokers begin smoking before the age of 14, and 90 percent begin by the age of 19; and WHEREAS, children can easily buy cigarettes from vending machines, over-the- counter sales and mail-in coupons even though it is illegal; and WHEREAS, an estimated one billion packs of cigarettes are sold to minors under the age of 18 every year in the United States, and WHEREAS, the State of California as well as many cities and counties have enacted ordinances to reduce illegal tobacco sales to minors and conduct public education efforts to discourage tobacco use among children; and WHEREAS, President Clinton has proposed a comprehensive plan to reduce by 50 percent smoking among children and adolescents, by limiting access of tobacco products, reducing the appeal of cigarettes and by instituting a nationwide public education campaign; and WHEREAS, the President's proposal is supported by respected health organizations including the American Lung Association, American Heart Association, American Cancer Society and the American Medical Association, NOW, THEREFORE, BE IT RESOLVED, that the Town of Tiburon supports President Clinton's comprehensive plan to reduce smoking by children; and BE IT FURTHER RESOLVED, that the Town of Tiburon send a copy of this resolution to the Food & Drug Administration (Dockets Management Branch (HFA-305, Food & Drug Administration, Room 1-23, 12420 Parklawn Drive, Rockview, MD 20857), the President of the United States, appropriate House of Representative Members and U. S. Senators Barbara Boxer and Diane Feinstein. . PASSED AND ADOPTED at an adjourned meeting of the Town Council of the Town of Tiburon on Monday, December 11,1995, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: NICKY WOLF, MAYOR ATTEST: DIANE L. CRANE, TOWN CLERK . DEe 07 0'35 11 : 07HM liED " 1 ~ HE FLEET P.l/2 / To: Bob Kleinert. Town Manager /Tiburon @ ...,,-_...,,-- U_._._..._ Fax: (415) 435-2438 .~ "--'--""-_."._~--.",,, ...._.N..._,.._. From: TERRY F. KOENIG ...._---.,._..~-._..- Date: December 7, 1995 Pages: F~om the desk of TERRY F. KOENIG MAR<nING MANAGER RED & v\HTE FLEET PIER 4' F:5'-'ERMAN'S WHARF SAN FRAI'JCl5CO, CA. 94133 1415)540-2636 Fax (415) 546-2623 ."--..---..-....- 2, including cover sheet. ..-.-...- MEMO: Red & White plans to operate ferry service to San Francisco from Tiburon and Sausalito on New Years Eve. Departures from Tiburon will be at 6:50pm and 8:30pm. Returns from the Ferry Building will be at 12:45am and 2:30am. Ticket price is $83.50 for the SFNYE event including ferry. Ferry tickets only $11.00 Round-trip. Reservations must be made in advance by calling 546-2700. R&.W will provide security on the boat and no alcohol will be served on return voyages, only coffee. [g1~~~OW~[g DEe 7 199~ TOWN MANAGER'S OFFICE TOWN OF TIBURON ORIGINAL . DEe iJ7'% 11' iJ3HM FED S WHITE FLEET P.2/2 / BIll GRA~AM PRESHHS IN ASSOClAllON WITl-t THE HYATT REGENCV SAN fRANCISCO AND THE PQIi!T OF SAN FRANCISCO 11 SAN FRANCISCO'S BEST PARTY OF THE YEAR! ([ Santana .. WAR Beth Hart '.. ~ ~ Judy Gold Tom Rhodes Bob Rubin Johnny Steele (Intimate Club Seating) ...... (:ti4,"V4(7~f Cats & Jammers .. Salamander .... SAnBARY COAST S A L 0 0 H CIP Enrique Lost Weekend Western Swing Band 'T.bie Sea:ing and Dancingi HO'ItL PACKAGES .1\ III Oi.i;\:.. !!oj; lIu;ci ..~ Il:'~:: Rqc!lCV SllI Jr;lnCis(O In I"~ ~.r-i y- !Il~ pm" :'J,.l~:c, il'\;:.\i' (J(:lu~t r(lCll .~[')lIIniOOJ::tUlS &. ;'.~\~ IC~"", f)~, I''',~, It!i 11.',\ ;:,:r :1:~nat(ll, ~~ij r~~~l\llIj.:t.) IO!' fa't]' \;~:.(i.,)<,~, 1.}....) ')Il!~Cl'111.jV~S.]/.}l 'I/J l':'\ITED AlRLl:'-lES . . . . Gin Blossoms ~Spearhead Charlie Hunter Quartet Van Goghls Daughter .. . BL,UES Charlie Musselwhite ~ Sista Monica Preacher Boy & The Natural Blues (Intim;;te Club Seating) H. \.-A~ rJ Pepe y Su Orquesta ce Los Ramblers Candela (Table SeatIng and Dancing) ........ ~l~"1) Dance the Night Away in the Hyatt Regency Atrium. S FNYE SAN FR.ANCISCO NEW YEAR.'S EVE SUNDAY, DECEMBER 31 DOORS OPEN 8PM HeKEl'S .\J !lASS S IO/i()2-BASS or IOl'ij9l)S-BASS "'Ill :Jlldlllonll ,>('fllft dldl "t" .APJ~ . uic:k: '0' spo?sored by " .~ .. . " " ~. .. -': . " I _ ,,~,.:,..., . r-" http://LiVE apple.com IN ASSOCIATION WITH PACIFICtlSELL. _ ENTRANCE AT THE HYATI REGE~CY SA."II FRANCISCO Enclosed and healed penormance mas with covered walkw;;ys throughout the event. EVENT HOTI.INE 1-41'; 974-672(, DN~G & P\RTY PACKAGES Olll~ In ~tvI~ In Ihe hUTI 01 .i~.\1'1: wi:h On.: :.!~diel R(ml:lml\'J"l:Nlf'l~1 farm. rt~h "JTltric~r, ;:\;c.lb~I"\llill'l~ i1~ I:rr:',~d &. m~y I~ made b) r.31U,\~ BAS." rRA~SPORHTIOS Spu:i:,l fm.... ~(rvitt v;iiJ x P!1l.:o..ll b'I ~m ;l\t Root Wh:~e f1ttl a~tl nc B~, 3. Go:; r'!!l \5...l'.27:'O icrftr~ ldedulc &. ~:C'l1i~), 11~f J,:lblic :rl.r~e~nu;:r; hIt 3nj! Z,\M ("ij,S.n~8) Of )b,l: ~r.:.'1 tV.1 W'i.~:l;;l) TICKETS licke'l\ $72 50 ir iU"'IIi'lCe thfl, 8A$5 & l~l) Illo"i.tl \leger;c~ H. Thcrr. \\1;: ~t! no dduillonat :'I::r~:~t: ;;h"r~e~! ltI\11iR ".1111_ ~ =14KDIV ~ .~ .. [YII!i ! IIN:VIS,DN i!!!/iil .. ,- ..- rI~H:il.m7 KRON~ ! . J . r ( , J J . l .i! ~ .~ 'MEMORANDUM TO: TOWN COUNCIL DECEMBER 11,1995 FROM: TOWN MANAGER 5 SUBJECT: NEW TOWN HALL FACILITIES BACKGROUND The Building Advisory Committee in conjunction with the Town's architect have submitted the final site plan, schematic floor plans and building elevations of the proposed new Town Hall facility for Council's consideration. The purpose of this review is for Council to accept these drawings as suitable for formal processing of the Town Hall project. RECOMMENDATION Assuming a favorable review by the Town Council, these drawings will then become part of the project description for analysis under CEQA and for processing of the required General Plan amendments and re-zoning application. EXHIBITS 1. Site Plan 2. Building Elevations 3. Schematic Floor Plans ~ ~ if '" d ~ ::i ~ 1 ....I 1i-'<l- . "'~JlJ , ~ I::: H. r-~<J\ .iI ~i~ ~~ ~. .. . il ) ~r- . . t ~ ,0'" lelOl . ~\ .~~; \ . " 1:0 - ~ - ...... ~ L lJ \ , i i i:;jll ~ '~. ~ I t~H. t\ .1.5"' f . I ~ ~ ~~ j ~ . s . (0, UJ () LLZ lli!JJ ""0 ,.0 Ocr: ~ 0- U)::> ~ . CD cr:_ = r-- Wf- !!illJ ('}.... <1:0 ~ g u z ..:z LU ~3: ~ . lli!JJ Cl t zO ::i 1 ~ 3:f- 0 f- . . ~ .. W'e tss, cE6 SH' . . olj~8 r-"6t-.!.C-:=O ,. e~ :9t ~~ DEe 07 "35 18:01 B'3AR /. , (:~; ,. i I i ~-ual . .. l:;..:2! I < ~.... I .~ ,I ;j.. ..... ;j' /, //;,. III /1 ~. I ~~ I .'':'\ '.__ __..-'__ I -""~ ., --. ........ ! . . _~~~ll::N.. I.. c_[ . , ~I J~ "\ .~ \ ~I i n -;;;;;;1 : . 'M\. i ~Ii - ';s 6. I 1 "," ". : Httl II I ~ ; : I I I p.-. 11==-,. .......',.;.:;;"~;,- r . I I ~ ,i . I :-_. . I. - .i=lI !~ ! ~ : 1 . 2 0: .~ ~ ].... 5 !C) \II ! I; VI .. * i: I) t ~ 11 I!l. P.2 ... . -~ ~ DEe 07 "35 18:0:3 B;RR :EEEB fH:E IJI t- O UI !: ij ~ <. t ~ I I \ P.5 .." ~ \.... ~ [lE:= 07 "35 18:D2' BSPP ff..-....__.:. .------. ._--,- '-:-l~-- ~\{n I '0 I, I i . I j [ L :.LI.... ,......... dlt=J II J <" h U l' -t,...",.,.....J. ! II . ~ ]- I I ~li I I ~ II :. '~. t .~.; ~~'..~ :~:~"l.'i:... ! I ~ : I I ! , 1 ..' .... .. j ...1 , i ... I I IT ~..~l: I, ! ! i I , i I I IIJ:= J;; ....~ ...~-~ ~""."" ! iUt"" e= ~~. 11I~lr. 1;. - n_,.J . ; IJf I It II ! " . ~-J: 'I r.~m"'lL . ,. . . :__;~!;-; I ~iEiEiJ I . ~ ' , ! It-r- 11~1!1' _lL " ./ Iii .~ ", i '1:- ._ "'[Jo5; ! Z 2 ~ ..I ill :t ~ o z r P.4 '. ~ o ill to- r ~ < <:l ~ - "' ~J [;[1_ 07 jP:O::: B'::;HF' '9::, ~, . , ... : .:' :;,~~: .. .....i -, " ., , ---~-_...,. ,-, -..:: -... .-.-.. ~-._~.... 1 ~....._- ::::::=- . i \ .:.1 6 F ~ -", UI cI w I- 0 IJ\ ~ P.6 ~ ~~ VI t- ~ r i: II t ~ l(\ '''_'_1 18:135 BSAf:;' ' DEl: 07 , .: ~ ~ :l " r I I I r-'- 1 I J .. ~ .. '1 &- Ql H i I " I ~ ;.; I 1 i i 1 ,-- ~ (------ ~.~ ;- -- I i"\ :I !w I I.T ., I /..._- -~ .... - . "I; I '--, ,-_. E l ~" ;1:1 .,l. ---., --<:1,- !: I I -__1 ~ ~ -'-"11>"--' P.9 'F ~ ~~ ... i .!'5"I~ l~ I --~ - - ~ ~ ~.. ~ + a: .. t III t ., o '" < ~ ~ DEe 07 '95 18:01 B9'P I 6 ~ " ~ " \, , " .n I ) I -'" I , ~ ! 4- ~~;;.~ n,.. I c=J i " I 2 !" 2 ,,- ~e .. ... _..J ~jl u H "'~ '10 t In ~ ..J \II ..Jz.'Zo~ <\1- =-~ 'Z~M !l)U\ FI> ~~~ g!l!~ ....~il 2 . ~ 2 .. I! '.. ~ P,3 .~ ~ ~ III ~ ~ ~ ~ i : ~ "~_5 18:04 B'3HR I_ DEe 1:J7 !_ -. ~. H _.1 L ...at - , (-u. ~ f: j: 1" .,. 'fl4 ~ . ~ " , < i~~ f ; \I.(\" ~ lc'r z" ~ etu~ . ~ .. t I '. " Cj" <('.. ~)O Ij':'jj \..1" '" l ".. ' '2<....~ -(-. o 1:, I _~l ':r 13. o J' .+ ': r-"-;--' I ' ~ i .. : , f;. ii " r' :I~'f~.!: j.o , .,' ~ ~; . ~ : I , ~-r - l' li ! .] .. ii' : . " ; d-- Ii '-. I,. , -'-''''-=l' .. '1};, If, _ _.I. ~ ~ .. ~t a: tj't. -ll ~:: _..... .2", ... l/l.. ~~ ; t"" ~~.; 'Zli ~~:: t-~~ ~ 1,("' h~ c..... ,.'!! ...~ llJ' . 1 1Il.. ..ffi" UQ '" ~l ~ ",,, " 11th" I. {It! _ fllL 101 ;,:, n i I , : ~ '++S . I ,81 I I r: P,';'" It) ~~ .... .J -"'!f\ e6 Mlllt> ....""" >!1M ... ,'.. ~ ~ I ;,; >-.t~...~ t g ~. l bt .. ~" 1 -" " '" '", ~ <i ... ..J ~~ Z ~~ :3 <:\"- ~ ~ u , '2 ~u. hI- ~ it", t-~- G 'f.'-J '" ~ .. ~ .' III I- o ~ ~ ~ . < . " < ~ . I .c. rrAc ~ I~ I \ C. r--T I b (',-..-,~ 12 ; Jj_ ,; .\ 1i--;O--.~~.- \ :-f.~ ~ 1 \ II . ~.. \ II: I:':i!t 4,'~I~ ~ ~ t i. ), ~ 1; f",,1t "+- "I~H'- \ ;L1 _ =- _ _ . . iH ----f ' ..~\ ) :a.; ~ ,. \. ~ if \ UIi ~ \ ill ~ \, . r tz* .} ~.. \ \ "\ :.1 , 18: [14 83HF' '_-r;" 9'::. 1..'1:...'_ .: --t- u'_ '. I , I ;. . ~ b..lU '" I! ~~.~ Vl2;. ~ " - ii I I ! I I , ~. / .- /1 / P ,-, ,-, , VI ~ '~a ~! ri-IO ~ ~ ~CC r- jl i Il . 'Z~.. f,a; m,,~ :r . L: "'. , .: ; . ~ , J - , t. , , " . '-':1"_ i h \!~ ~~ "^ . 'r .. '" .Jo , :>- J ~ " ~ ~ j ~ lI!:... ,..~ 211 f, c r~' t .> ~ Oi ~ ... .. ... .n -1' <;! ...J .... - ~~3 ~ - - -,., . -I: .... 'i z~.. . ~ ' ... :J . I ~!!~ ! " i! .. 1~lJ. (, ~ II ~ ! t...:- ~ '::J~ . .. I \O~" ~~ II - J . Q ! I- \'I , ~e .. MEMORANDUM TO: TOWN COUNCIL DECEMBER II, 1995 FROM: TOWN MANAGER (0 SUBJECT: STREETS IMPROVEMENT PROGRAM - PARCEL TAX BALLOT MEASURE FOR FIVE-YEAR REPAIR PROGRAM (Continued Hearing) BACKGROUND At Council's December 6 regular meeting, various funding options were considered to finance and implement a proposed five-year streets repair program. The two primary financing alternatives considered were: I) Five-year pay-as-you-go special tax or, 2) Ten-year bond financing funded by a special tax_ The Council consensus was that a five (5)-year pay-as-you-go program which exempted non- buildable parcels, PG&E lifeline households and possibly very low income units would be the preferable option_ It was also agreed that property owners would have the option to prepay the tax assessment in its entirety at a five-percent discount_ It is estimated this parcel tax would be assessed against approximately 3242 parcels would generate an estimated $500,000 annually for the purpose of constructing improvements to the Town's street system. The estimated annual tax levy would be $143 for all single family residential dwellings and buildable vacant parcels, $143 for the first units of a multiple residential parcel and $72 for each additional multiple residential unit. RECOMMENDA nON That Council finalize the proposed ballot wording and adopt the draft Resolution which wording which provides for the ballot measure option as outlined above_ EXHIBITS I. Resolution with Final Ballot Wording 2. Staff Report to Town Council, dated 12/6/95 (previously submitted) NOTICE OF ELECTION NOTICE IS HEREBY GIVEN that a General Municipal Election will be held in the Town of Tiburon on Tuesday, March 26, 1996, for the purpose of placing a Measure on the Ballot, The Measure to be voted on is as follows: WORDING TO BE PROVIDED AT MEETING CALL FOR ARGUMENTS AND REBUTTALS: The Town Clerk will accept arguments for and against the measure and will accept rebuttal arguments. The direct arguments for and against the measure shall not exceed 300 words in length and must be submitted to the Town Clerk by noon, January 8, 1996. The rebuttal arguments shall not exceed 250 words in length and must be submitted to the Town Clerk by noon, January 18,1996. The polls will be open between the hours of7:00 a.m. and 8:00 p.m. Diane L. Crane, Town Clerk December ,1995 . i' RESOLUTION NO. n~ r:: r-7 US(Hr . A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TmURON ORDERING AND CALLING A MUNICIPAL ELECTION IN THE TOWN OF TmURON ON MARCH 26, 1996 FOR THE PURPOSE OF PLACING A MEASURE ON THE BALLOT BE IT RESOLVED by the Town Council of the Town of Tiburon, that it is hereby ordered as follows: Section 1. Date of Election. A general municipal election is hereby called and ordered to be held in the Town ofTiburon, State of California, on Tuesday, March 26, 1996, for the purpose of voting on a Measure set forth in Section 2 hereof. Section 2. Measure to be Voted On. . Special Parcel Tax for a Five-Year Street Repair Program [Exact Wording of Ballot Measure to be Submitted) Section 3. Call for AI1!Uments and Rebuttals. The Town Clerk of Tiburon will accept arguments for and against the measure and will accept rebuttal arguments. The direct arguments for and against the measure shall not exceed 300 words in length and must be submitted to the Town Clerk by noon, January 8, 1996. The rebuttal arguments shall not exceed 250 words in length and must be submitted to the Town Clerk by noon, January 18, 1996. Section 4. Rel!istration to Close February 26. 1996. Registration for said election shall close on March 14, 1994; no persons registered after that date will be entitled to vote at said election. Section 5. Time When Polls Are Kent Onen. At said election the polls shall be opened at 7:00 A.M. of the day of said election, and shall be kept open until 8:00 P.M. in the evening of the same day, when the polls shall be closed, subject to the provisions of Section 14401 of the Election Code. Section 6. Canv~ss of B~lIots bv Council. The Council shall meet at its usu~1 place of meeting on the first Tuesday .' . " next succeeding said election to canvass the returns. Section 7. Publishinl! Notice of Election. The Town Clerk shall cause to be published in a newspaper of general circulation a Notice of Election which will include the date of election, hours the polls open and close and the Measure to be voted upon. Section 8. SamDle Ballot and Voter's PamDhlet Format. Directly following the ballot measure, a complete text of the proposed Ordinance will be shown, followed by the Town Attorney's impartial analysis. Section 9. CEOA Findinl!. The adoption of this Resolution, and placing the question to be voted upon before the people of Tiburon, has no potential for resulting in a physical change in the environment, either directly or ultimately, and is therefore not a "project" as that term is used in the California Environmental Quality Act (CEQA), and therefore the adoption of this Resolution is exempt from the provisions of CEQA. Section 10. This measure is submitted to the people of Tiburon pursuant to Elections Code Section 9222. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on December 11,1995 by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: NICKY WOLF, MAYOR Town of Tiburon ATTEST: DIANE L. CRANE, TOWN CLERK .' TOWN COUNCIL ST AFF REPORT TO: FROM: TOWN COUNCIL SCOTT ANDERSON,~ PLANNING DIRECTOR MEETING DATE: 12/11/95 ITEM NO.: t CA.. . SUBJECT: REQUEST TO DESIGNATE PROPERTY AT 841 TIBURON BOULEVARD AS A LOCAL HISTORICAL LANDMARK BACKGROUND The Belvedere-Tiburon Landmarks Society has applied to the Town of Tiburon for designation of the property at 841 Tiburon Boulevard as a "local historical landmark" pursuant to Chapter 13B of the Municipal Code. The request is attached as Exhibit A. In accordance with provisions of Chapter 13B, the request has been reviewed by the Planning Commission and the Heritage & Arts Commission, both of which have recommended in the affirmative. The report and recommendation of the Heritage and Arts Commission is attached as Exhibit B. The report and recommendation of the Planning commission is attached as Exhibit C, and contains the minutes of the Planning commission's public hearing on the item. The Planning Commission staff report from the 10/25/95 meeting is attached as Exhibit D. Substantial background information on the request for historical designation is included in the Planning Commission staff report. Please refer to that document for additional information. RECOMMENDATION Following a public hearing, that the Town Council adopt the Resolution (Exhibit E) designating the property at 841 Tiburon Boulevard as a local historical landmark. EXHIBITS A. Letter of request for historical designation from the Landmarks Society dated August 25, 1995. B. Report of Heritage & Arts Commission dated 11/29/95. C. Report from Planning commission to Heritage & Arts Commission dated 10/31/95. D. Planning Commission staff report dated 10/25/95. E. Draft resolution designating site as a historical landmark. \scott\841tibtc.rpt TiBURON TOWN COUNCIL STAFF REPORT 12111Jg5 1 . A Non.ProflICharlrahl", Organization RECEnVED SEP 0 7 1995 August 25, ~ ~ 19~~~~U~~l SEP 5 1995 TOWN MANAGER'S OFf TOWN OF TIBUROI' ~ ~'......~ BELVEDERE-T1BURON LANDMARKS SOCIETY 1600 Juanila Lane Po. Box 134 BelvedereTiburon. Californi<l 94920 415-435-1853 Town of Tiburon 1155 Tiburon Blvd. Tiburon, CA 94920 TOWN OF TIBURON PLA;~NING & BUilDING DEPT. Re Historic Designation of Landmarks Art & Garden Center The Society requests that the Town of Tiburon officially recognize and designate the one acre parcel, commonly known as the Newman property at 841 Tiburon Blvd., as a historic site and that the residential structure thereon be recognized and designated a historic landmark. The Hilarita neighborhood of which this property is a part was a community pre- dating the town of Tiburon established with the advent of the railroad in 1884. It is known that the family of John Thomas Reed, owners of the site as part of a Mexican land grant, leased the property for the manufacture of clay bricks. The original portion of the residence was the bunk house for the brick kiln workers and dates to the early 1870s. It is believed to be the oldest extant structure on the Tiburon peninsula. Due to the first use and its age, the brick kiln bunk house is an important part of Tiburon's heritage. As such it should have the protection and privileges of property of historical significance so recognized by local government. The land and house remained in the Reed family until the 1940s at the death of Cloti1de Reed, last of the descendants bearing the surname. It was acquired by William and Helen Newman, who lived there for fifty years. They made some modifi- cations but always with care for its historical integrity and style. The Newmans created a country garden surrounding the house. Helen Newman became the sole owner upon the death of her husband. She bequeathed her estate to the Landmarks Society to assure its preservation as a historic property to be used for public ,benefit as an art and garden center. The Landmarks Society took title this year and is proceeding with maintenance and improvements to fulfill its committment to the Newmans and for the commonweal. If further information is required, please contact officers of the Society. Sincerely yours, ~.~ Jd6:;; ~;~. Felton, President A EXHIBIT NO. tl0l10fiHV Pf('Sl<!t'fll: Hen'rlv \\'f1g11II\;I....llolrl III JllClr.l(\' \1t"lIlllt'r... Hose J( V('rr,llIo, nlllfll"IS \1 1..1( t'\. (.Ire lht\(' S 1.I\('rlllOWo 11111111,1'" II ('10\\1,"\"0, Willldfll I( D, ,!lxl Dorolllv CtullllcrlSOllo, \ldfllJnl'\lh'1l0, \\'lrurrt'd 1\ ,\111.'110, i-Jl/1Iht'f!' li'rwlllij,.(lT Ilrltloll Ih'''", !'{'wr Hellr, Ht'II.1I1 i 1"00111". . Gordon \V SlrilwtlrltlgC". Bllssdl <Jnd Ht'nllllcl r;l'l!. Fwelt'nck drkl .ltldllltd Zl'lul..k\'., \lm,UIl II (irtJ;IC .\dllural C:'II. I'd\rk., Ir., 111\111.. 1-Jlm,1I1. ThorHilS. and Jeanne Price. ~1i\nil \\'clodwilftl. 1lt'lt.n ~("\'\'fI1illl., 11<1\'111. ilIUII_IIUIS(' 11';HIl('!". 1),\\'1(1 ,\lIel1, 11l1\Vclfd ,\111'11,1.1\'\'111 hult'\'. EsUlcr Mq:t"r. I~lrt)(lril (JIIOs..<;, Bohen Villi Blilfl("OIll. Slllrlt." ~ll1dK"lI. Edwilrd (i Zt'lInskv. I j('orge (ilkl....S. BOil UVI,1I1d. '1 It'("('ils("(! November 29, 1995 Tiburon Town Council 1155 Tiburon Blvd. Tiburon, CA 94920 Subiect: 841 Tiburon Blvd. Ladies and Gentlemen: Since a preservation commission seeks ways to discover such intangibles as time, association, memory and evidence of human thought and presence across the spectrum of a building's existence, the Heritage & Arts Commission now has the unique opportunity to recommend the preservation of the one-acre property at 841 Tiburon Boulevard owned by the BelvederelTiburon Landmarks Society. The simple wooden structure at this site, a portion of which dates from 1869, possibly making it the oldest extant structure in Tiburon, served as a bunkhouse for men employed in the nearby brick works, an early peninsula industry, extinct by the 1900's. The building sat on land given to John Reed by the Mexican Government in the 1800's. This complex stayed in the Reed/Lyford family until sold to the Newmans in 1944. The Newmans conserved and enhanced the property which contains mature plantings of rare variegated elms and redwoods as large as any on the peninsula. The structure's association with the brick kilns and with Tiburon's founding families gives the building its spirit and human story to tell. The Heritage & Arts Commission believes the structure and its surrounding grounds worthy of protection and perpetuation as such for the benefit of the citizens of the Tiburon and Belvedere Communities, The Heritage & Arts Commission voted unanimously on November 27,1995 to recommend to the Town Council that this site be designated a Town Historic Landmark. Cordially, ~~.~--""'--,..".__.,....-.,............. 'J ,. //;:; c Gi tce. Lt:~ /'-e zz;- Victoria Arnett, Chair Heritage & Arts Commission VNjm EXHIBIT NO. 8 - TOWN OF TIBURON 1155 TlBURON BOULEVARD. TIBURON . CALIFORNIA 94920 . (415) 4.15-7373 FAX (415) 435-2438 MEMORANDUM TO: HERITAGE & ARTS COMMISSION ~ FROM: SCOTT ANDERSON, PLANNING DIRECTOR SUBJECT: REQUEST FOR DESIGNATION OF 841 TIBURON BOULEVARD AS A LOCAL HISTORICAL LANDMARK---REPORT FROM PLANNING COMMISSION DATE: OCTOBER 31, 1995 At its meeting of October 25, 1995, the Planning commission held a pUblic hearing on the above request. It was the .recommendation of the Planning Commission to the Heritage & Arts Commission that the site be designated as a local historical landmark. The Planning Commission emphasized that such designation did not connote approval of the site for a use other than residential without securing appropriate zoning permits from the Town. Please find attached for your information the Staff minutes from the Planning commission's proceedings. constitute the report of the Planning Commission to & Arts Commission with respect to this application. Report and These the Heritage It is anticipated that the Heritage & Arts Commisssion will meet to consider the application on November 28, 1995, and forward its recommendation to the Town council for public hearing and consideration. Please let me know if there are any changes to this schedule. Please call me at 435-7392 if you have questions. \scott\841 tib.mem 1 EXHIBIT NO.-'- . CONSENT CALENDAR 1. Minutes of August 23, 1995 __.....J commissioner siewert requested that "Chairman Greenberg" be changed to "Chairman Siewert" on page 1. Commissioner Heckmann requested that "Barneys Hardware" be changed to "Varneys Hardware" on page 10. M/S Greenberg/Heckmann (3-0) to adopt the minutes as amended. PUBLIC HEARINGS 2. 841 Tiburon Boulevard: Request to Designate property as A Local Historical Landmark, Referral from Heritage , Arts Commission. Anderson presented the Staff Report and discussed the process of designating a site as historical. He recommended that the Planning commission recommend to the Heritage & Arts Commission that the site be designated as a local historical landmark. Chair Siewert opened the public hearing. Roger Felton, representing the Belvedere-Tiburon Landmark Society, spoke on behalf of the request for local historical designation. Chair Siewert asked if the Society's plans were to use the facility for public purposes. Mr. Felton stated that the former owner, Helen Newman, had left the property to the Landmarks Society in her will to be used for an Art & Garden Center. The Society felt it had little choice but to use the site for such purpose. There is a caretaker living in the home at the time for insurance and security reasons. The Society is currently house in the Donahue Building, but that is intended for museum purposes and the subject site is envisioned as the eventual offices for the Landmarks Society. Commissioner Heckmann asked if just a portion of the site was intended for preservation. Mr. Felton replied that only the main house is considered historical, and that other portions of the one-acre site may be extensively modified. There are no plans to "restore" the building to a more original state. Mr. Felton noted that Commissioners would be welcome to drop in and visit the site, provided that advance arrangements are made. He also stated that the Commission would be involved in reviewing any future plans for use of the site as an Art & Garden Center, TIBURON PLANNING COMMISSION MINUTES Of OCTOBER 25, 1995 Mlnutes No. 2 . l, I LJ./ U u. U -~C)+J. U and would have an opportunity at that time for a site visit or tour. Ann Ross, 16 Reed Ranch Road, wondered if fire safety improvements would be made to the property. Chair siewert responded that the issue would be addressed as applications for physical changes at the site were filed with the Town. There being no one else wishing to speak, the public hearing was closed. Commissioner Greenberg stated that the issue of historic designation rests with the Heritage & Arts Commission, which has the expertise on such matters. She had no objection to the site being so designated, but wished to make it clear that this designation is in no way a comment on any future use of the site, which would need to receive appropriate permit review by the Town. commissioner Heckmann supported the application, but echoed Commissioner Greenberg's comments concerning the Heritage & Arts Commission's expertise on historical designation. 'He noted that this site did not seem as strongly qualified as the three previous local historical landmarks designated by the Town, but is does seem worthwhile. Chair Siewert stated that there would be considerable discussion of any future application for a use change for the site. She went on record as in no way endorsing a public use of the site at this time. She hoped that the historical parts of the building could be amplified during the remodel process, so that its historical qualities were more obvious. Chair Siewert closed by stating that the Commission unanimously endorsed the designation of the site as a historical landmark. 3. Review of Tree Ordinance (Chapter 15A of the Municipal Code): Referral from Town Council Anderson presented the Staff Report. ADJOURNMENT There being no further business, it was moved, seconded, and approved to adjourn the meeting at 8:35 PM. TIBURON PLANNING COMMISSION HHlUTES OF OCTOBER 25, 1995 H,nutes No. 3 . '. . PLANNING COMMISSION ST AFF REPORT TO: PLANNING COMMISSION SCOTT ANDERSON, sA-" PLANNING DIRECTOR MEETING DATE: 10/25/95 ITEM NO.: 2 FROM: SUBJECT: REQUEST TO DESIGNATE PROPERTY AT 841 TIBURON BOULEVARD AS A LOCAL HISTORICAL LANDMARK: REFERRAL FROM HERITAGE & ARTS COMMISSION BACKGROUND Address: 841 Tiburon Boulevard AP No.: 55-252-06 File No.: None General Plan: MH (Medium-High Density Residential) Zoning: R-1 (Single Family Residential) Property Size: 1.0 acres Subdivision: None Current Use: Single Family Residential Owner: Belvedere-Tiburon Landmarks Society Applicant: same Date Complete: NA Permit Streamlining Act Deadline: NA HISTORY The former owner of the property, Mrs. Helen Newman, left this property to the Belvedere-Tiburon Landmarks Society in her will when she passed away a few years ago. According to the Landmark Society, portions of the main residence were once housing for employees at a nearby brick kiln which shows on maps dating back to 1869. Other materials supporting the historical aspects of the site are attached at the back of this report. PROPOSAL The Landmarks Society has applied to the Tiburon Heritage & Arts Commission to designate this property as a Local Historical Landmark (see Exhibit 1), pursuant to Chapter 13B of the Tiburon Town Code. Pursuant to Section 13B-4 of that Chapter, the Heritage & Arts Commission met on September 26, 1995, and referred the matter to the Planning commission for its recommendations (see Exhibit 2). TIBURON PLANNING COMMISSION 1 STAFF REPORT 1on~' EXHIBIT NO.Jl . Upon receiving the recommendation of the Planning Commission, the Heritage & Arts Commission will hold another meeting and determine whether to recommend to the Town Council that the site be designated as an historical landmark. If the Heritage & Arts Commission recommends affirmatively, then the Town Council must hold a public hearing and act within 180 days to ratify the historic designation, or the Commission's action will have no effect. The role of the Planning commission is strictly advisory to the Heritage & Arts Commission. The Planning commission's recommendations are also forwarded to the Town Council if the Heritage & Arts Commission endorses designation of the property as a local historical landmark. In accordance with Chapter 13B of the Town Code, the recommendations of the Planning Commission may include .....any and all observations, information, and recommendations as to necessary or desirable conditions in connection therewith which appear desirable to the Planning commission upon consideration thereof. Such report may include but shall not be limited to, such matters as compatibility with the General Plan, general public interest, zoning, traffic or other problems which may appear to be affected by or created by the proposed designation." In plain language, the Planning commission may comment on any aspect of the application. Chapter 13B of the Town Code can be located in the Zoning Ordinance binder provided to each Planning Commissioner. ANALYSIS Plan Conformance Designation of a site as a local historical landmark does not convey any entitlement for use or development. In contrast, the designation tends to add another layer of approval to requests for alterations of an affected property. The intent of the designation is generally to preserve or protect such sites by requiring Heritage & Arts Commission approval of proposed changes to a site, in addition to any other approvals which would normally be required. The subject property is designated for single family residential uses in the Tiburon General Plan and Zoning Ordinance. Staff does not see the designation of the site as an historical landmark as being in any way contrary to adopted plans of the Town. TleURON PLANNING COMMISSION STAFF REPORT fM"-1l5 2 . Currently, the site is rented as a residential use to a person who acts as a caretaker. The Landmarks Society has indicated a desire to convert the residence into an Art & Garden Center. Pursuant to the Tiburon Zoning Ordinance, this would require a Conditional Use Permit (see 1993 memo attached as Exhibit 3). Designation of the site as an historical landmark would not alter the requirement for a Conditional Use Permit, nor does Staff believe that such designation would have any impact on the disposition of a use permit application. General Public Interest The Town has previously designated three Local Historical Landmarks: The Peter Donahue Building in 1976; Lyford's Stone Tower in 1977; and Old st. Hilary's Church in 1979. Unlike those highly visible structures, the Newman house is virtually invisible to the public behind a screen of vegetation. Also unlike the other landmarks, the historical qualities of the Newman residence are not readily apparent to the untrained eye, since substantial remodeling of the house has occurred over the decades. The likelihood that portions of this building may be the oldest extant structure in Tiburon is certainly meritorious of local landmark distinction. Traffic & Parking Designation of the site as a local historical landmark is unlikely to substantially affect traffic to and from the site, so long as it remains in residential use. Staff sees access and parking as major issues to be addressed should the use of the property be proposed to change in the future. These issues would be addressed in a conditional use permit application process. Environmental Status Designation of a site as a local historical landmark is not a project under CEQA. RECOMMENDATION That the Planning Commission recommend to the Heritage & Arts Commission that the site be designated as a local historical landmark. Designation of the site as a historical landmark does not connote approval of any use of the property other than residential. TlBURON PLANNING COMMISSION STAFF REPORT 1lY.Z~' 3 . . EXHIBITS 1. Letter from Landmarks Society dated August 25, 1995. 2. Letter of referral from Heritage & Arts Commission dated October 16, 1995. 3. Memorandum to Town Manager dated July 23, 1993. 4. Vicinity Map. 5. Site Plan. 6. Additional materials concerning the history of the site. \scott\841tib.rpt TlBURON PLANNING COMMISSION STAFF REPORT 1M3.11-' 4 ^ NOn-PfOtIIChilrllahle Organlzilllon RECE6VED SEP 0 7 1995 August 25, C /'. f1 ! 199~g~gn~~ SEP 5 1995 TOWN MANAGER'S 0 TOWN OF TIBURC BELVEDERE- TIBURON LANDMARKS SOCIETY 1600 Juanila Lane P.o. Box 134 Belvedere Tiburon. California 94920 415-435-1853 Town of Tiburon 1155 Tiburon Blvd. Tiburon, CA 94920 TOWN OF TIBURON PLA;{NING &. BUiLDING Di:?T. Re Historic Designation of Landmarks Art & Garden Center The Society requests that the Town of Tiburon officially recognize and designate the one acre parcel, commonly known as the Newman property at 841 Tiburon Blvd., as a historic site and that the residential structure thereon be recognized and designated a historic landmark. The Hilarita neighborhood of which this property is a part was a community pre- dating the town of Tiburon established with the advent of the railroad in 1884. It is known that the family of John Thomas Reed, owners of the site as part of a Mexican land grant, leased the property for the manufacture of clay bricks. The original portion of the residence was the bunk house for the brick kiln workers and dates to the early 1870s. It is believed to be the oldest extant structure on the Tiburon peninsula. Due to the first use and its age, the brick kiln bunk house is an important part of Tiburon's heritage. As such it should have the protection and privileges of property of historical significance so recognized by local government. '" The land and house remained in the Reed family until the 1940s at the death of Cloti1de Reed, last of the descendants bearing the surname. It was acquired by William and Helen Newman, who lived there for fifty years. They made some modifi- cations but always with care for its historical integrity and style. The Newmans created a country garden surrounding the house. Helen Newman became the sole owner upon the death of her husband. She bequeathed her estate to the Landmarks Society to assure its preservation as a historic property to be used for public.benefit as an art and garden center. The Landmarks Society took title this year and is proceeding with maintenance and improvements to fulfill its committment to the Newmans and for the commonweal. If further information is required, please contact officers of the Society. Sincerely yours, 6~o?1!snt EXHmIT NO.~ HOllorarv I'T('SI(k:fll: Ik'\'c'rtv \\'nglit 11.....11,111 II. IfIOfdr'\' \lc'flllll'rs Itn~' It "('rr,lll._ 1"110111.1... \1 1.011 C'\ ( .11'1,111.' S 1,I\rnlkIH'. rho 1111.1.. H (r, 1\\ Ic'\", \VilllilOl It. I> dll<1lklroltlY (:llllllx'rlSOll". \loInolll' .\III'nO_ \\II 1I1wll1\ .\lIen., IJI/~Ih,'lll ll'f'."'llll~(-r. I IrIlll III HI'\,., I'ell'r Hdlr, 111'1t'lI Co 1~"1I11.. GOflk11l \V Slril\\'llfIct~e.. Ihl.'-i!-oC.'lI ,lIll1 I\t'nuck'. I'('d. 1:fC'ftt'nck dlld Ill,lllllil 1t'lIII..k\,.. .\110.1111 It (.,11;1( ,\IIll1lr.1I C ~, I '.I\llf', Ir.. 111\ III.. I 1111 kll 1 T110fllilS. .met J('i1IHIl" Price, Miltlil \\'oodw.nll. Itdc'n ~('\\'Illilll., 1).I\'ldo ,\fuILoIlISC' 1"I';lIllI'r, 110\\'14.1 ,\IIC'II, Il1Iw.ud .\lIt'lI. 1.1\\111 hHlco\,: Eslller Meyer. 1J.;lrhilri-l (;noss. Uotx.'n Vtill BI,I(lCOHl. Slurlc'\' ~llI(h('IL Etl\\'.ucl (;, ZdlIlSk\', (~('(Jr~e (;I}IIS.., ltolllh'l.lI'ICl .1 )('I"('ilsc'tl . TOWN OF TIBURON MEMORANDUM ~~:~~n~,n(!:~ I!""il =-.. :;.\.6 l.- '" t. fJ L.= lW1 ocr 1 6 1995 To: From: Subject: Date: Marylyn Siewert, Chair. Planning Commission Victoria Arnett. Chair. Heritage & Arts Commission 841 Tiburon Boulevard October 16. 1995 TOWN 0;= TIOURON PLANNING e. 8UiLDING DE?T. The Heritage & Arts Commission, at its September 26, 1995 meeting, unanimously voted to refer to the Planning Commission an application to designate property In Tiburon as a local historic landmark. The one-acre site at 841 Tiburon Boulevard was formerly known as the Newman Property. This property, now owned by the Belvedere-Tiburon Landmarks Society, was originally part of the early 1800's Mexican land grant to John Reed, ancestor of Lyford and Reed descendants. At one time, the land grant encompassed nearly all of Mann County. The surrounding grounds and bunk house of the brick kiln works dating about 1870. meet the historic, cultural and aesthetic criteria as set forth in the Town's h1stonc ordinance. The Heritage & Arts Commission requests the comments and recommendations of the Planning Commission on this application V~a~ VictOria Arnett. Chair Heritage & Arts Commission ,..... VAljp Scott Anderson / Bob Kleinert H&A cc. EXHIBIT NO.~ MEMORANDUM TO: ROBERT KLEINERT, TOWN MANAGER FROM: SCOTT ANDERSON, PLANNING DIRECTOR SUBJECT: POTENTIAL USES OF PROPERTY AT 841 TIBURON BLVD. DATE: JULY 23, 1993 BACKGROUND You have requested information concerning potential Landmarks Society use of the property at 841 Tiburon Boulevard, and an adjacent property at 830 Stony Hill Road. The properties are zoned R-1 (Single Family Residential Zone). Within that zone, several non-residential uses can be allowed under the auspices of a Conditional Use Permit. The uses most similar to that which would be expected from the Landmarks Society include: Private, non-commercial club or recreational facility. civic club. Philanthropic or charitable building or activity. Library or museum. The complete list of conditional uses allowed in the R-1 zone is attached. CONCLUSION As regulated by a Conditional Use Permit, it appears that there are uses to which the Landmarks Society could put the property which would be consistent with the Town's laws. Likely issues would be access, circulation, parking, noise, hours of operation, and proposed activities at the site. Please let me know if I may be of further assistance on this matter. EXHIBIT NO. 3 ~{;,~.'~:'~ . ,-'r'o . -t.'......... -. - .~ . IWIII VIC~("\;+{ (VL~ - / ~ (Ii'- :.~Jj /) 'J/ "~"Yf - " \ / .- L_J'-.t.. & J 1 ~//~ / - ~ l "'~ ~ '" , . ._~ ) t/ - ^" ~~) j ~\. .~. "r-1~ . __~r~ --- ~"y( ~"\ ~ f--~ ~/;?;:'':;y~A~. ~~~~~7 ~~ 'I ~ ~ ~~::./ ~ Olrf- 'j / . /<-:::>~ (. ~ \ T,' L. '( we ------ /~/ ~. r ::r $, =:J--'~~~,~ ~ ~ \ \ Lv ~~; '-<> <' ~ \ \ ..ti9( ~vtd "~\ - ~ \ \ \ \ f.~,- 2--- r ~ ~~ 1'0 \;t- -P /I - S ~ ~ \ _\ J r- ~ ,l_h \ ~ ~7e~~ ~ ~'. ) ~ I~ \\ V \ ~.---cr ~~ ~ ~"'1r" d \ wt ?--- -Y mt1\- I ~ I I ~...-\.'" \ ",""" \ 1-1 Pi I."'~/,~, Hl~~~ / I ~ I~ ,.~ }D.]"""\ . \ /" J \ f'. 2; .JI t I , . ---r-. \ 1"""r-- /I ~l ~ __ LJ ;,;\~,. V~= -- ,~~ ~ ..,...- .s:~J1~~1 EXHIBITNO.~ . t - "; ~.\ ;: ) J' ~, +--., ". ..":.';,. ~ ---7 '?.co. 0' -B*HIBlf NO. S- I I ..------.- , -" . III t" - '''' 0() 0 r- <r .... .,. 7 . A'fi~cn:~ ~l.O "!lo 'Z.,~ Lor' #" oc:.. 1.00 ^~ -L-.. 'too.o' q ";) <'" '. -: T . ':":..-'.? ~ . ~lc.""(..l!. "PNnt -~C--:~-=-:::~!l~.~'Ioo4t.. '~c.jC.1 ~ 'r trh --1.. TlbURON f., 1- \' "D . Note: While the entire acre is a historic site, one of the last held by the Reed land grant descendants, the only structure of historic merit is the house, originally a bunkhouse for the brick kiln workers dating from circa 1870 when the Hilarita neighborhood (Gilmartin to Lyford Drives) was the center of population. SiTE., PLAf-J t;GAJ_1:!. t \",. 40' ~ ~-St " " , . ~... , ..' \' ~ LANDMAt'k"'.::> ~OC1l::TY A T2. I PI N D /A '" J2.l::>E:+..j c:. E-N'('"611 f';i41 r'l'..IJn.o.... ?:>l...\'T.:>. ."_, ~._.._..., -- . . ..y.!.:~,... DATE: 8(1'11" DRAWING NUNO . I I f I f f ~ j ",';"'0, ;. '''J . ,~. '" c ;2 <. ~.~~ i i & ( t' e' .\ ~. . . " I ! 'f 'I I I i _' _ 0 I.",~. , ; L ,;. ~ ' ,',;j I; ~ ~ :' ~" 0 1oI;i!: S i ~. g ;:I ~ ~ 2 ; g '~~ ! I! i! i H H !! H n ': H ! l! I l - //;,;;~ :I ;': ; :5 ! ~ ii ~ ~ ~ ~ :: ~ 'S ~ ~ j ~ ~ i ~ i ~ ~:; -~ 1<0/' 00GGGG0GG@a@@@@?' @(j)(j)'~"'Q-r/~~~ ._ _ _ _.l...~.~...-- ~ - - -,-\;.;:."-;=-'= 0: d. .....:IQ~ .',',' ~ ~ ~ <fl <~, WJ;Z ~ ~.. ....- ~~'. \ ",<<- '" ,', ~"I....'" i o J, ~J ~\!~,l ~ ~ di,t~' ;.,::; ~}!!111,li '" 0 0 , j)J' " ~~f;- ........ ,-.., V"- !j''' -, Ii I ;-. cY ..... .<:l' .... .. "" , ,. ..... i ,<-,1 ~ i 3~ .". ~ ~; "0' M ::; [' 't .. 2 ~ I III ~ 1; _ ,__'____IlL_ll_ __I1iJ I I I I Ij Ii i! I' I I I I I I "' ~ '" " .. <1- i ~lj " .. s ~~"? <v .c:;, " , ~) i"'....,_ "'"'<~ --,.:~~ .~, "';~'-.., ,,/'- - ~ I /. ~, ~ I -', "7 --.... "' ~'!- .'" 0" " " . " . o ","> 0:::- ,... ... ;:t;:. V) " " " "- EXHIBIT NO.-'-. , I ~ . ,...J .~~~.~ ":';",,: I \ .:;;,.,.,.. ,", M8 JIIl'lrllflli'lrnt-Jrlurmd. SolIt., Se~t. 15, 1956 ~ :' > ,,~r...,><. ,f' "\ r _ "r 0-' ;"l/... \' }, - ~ ' r' (~'~ " ", /--~. ,(?' ~ -'~ ._~--:.........-. ." ../f,-' --'.. j"'-. 'h '~-:~:=--~/' , .' "-.. . . .,'___,:;..<"1 ~:-~"~~~":~;;~;:Ir~- ~ ...,......"'.~"'lrW '( I r.! i 1 ,r t-~ !..t~;:~~~: iTi: i' I'.r ;....;' . "" ,.,~ .,! i; i .' r" ~. ~"~-::;~:__'~.~.Y ;.,"::"'-.,' " ~ / .~ " \.'- .' .. " '. , 1 , \ I ,. \ I 1 l.~ r',., " '. ~."'-_Jc' ::.,.;-.;:- . .' .. ."'\.. ". :,'0~ ."." , : -~ "I J. -, .:-~.~':'< . 'i_..~;:' i;i.... 7 - .. ~ '" . ~~ ,.;(r--;::. . , ---... !.--~... ,II',. . \ I.~ J"-.4.....lv((r. '..-0' . '., ! 7, ~ ~, L -,., ;, r ".... l. '~...".A.- <. ~- - ~... -" 1 /' r" ,/\ ,.. ....,.,. .. , '" 1',,'" ~.,........... '-<..t~. ,'r .-~,'.J'I" \ \ .\ ~ MYSTERIOUS PAST Gracious 90. Year-old House Grows Just A T ouch Modern Dro_i..gbyJock luc.y \. '. " I ---.. -, - ~, . .~>';- r . . . zA:.1 .r: "_.'~\~ "/' .' ,/ /' .';~ '-, -. . ---"- ./ /''r' -'_' . " - "-,'-' . ~ ~. - c\r- _ ~~'t;~. R.' 'lAYRF:I.U; Srf:n;~f_\~S F~cin~ ....esl on Ihe Tiburon w~lerfront lhere'. a !lO-yrat_ old, gr~~'oll.ly old.f~dlione<:l. }'et.modern lady of a ho".e h~vin~ iu.t ..noll~h my'l..ry in h..r p~'1 10 acid p"l"anry tOh..rrhnm. O....n..rs of this unl;onven- lionoll clowolltrr of ,"('nerable g..nulo~ ne 111.. William B. Nc....mans ,,-ho ar" largely re.pons,l1lerorrl"><cu,ngher from oblivion. In I!lH IIl..v bOll~ht the acre of Jancl II ;th ~ htlle old bas,c house.surroundP1i by "a colle~tioQ 01 nahbft b es.<:hi<:keD,<:~si.< ,h...osand~~k unknn....n aD,<<ary." Many th..,. b..med.. O~(,f: A PART ol tho n;~ Il....d Ranch eoml'r IhnU!landsolaautroro. 'J I -:~:- FOCAl POINr 01 ,0mh."",I"" k'''''",,-dlni''<l 0"'" ., .h.. bl,,<k I."" ,<>ok. 01"",... "0_ ..."d..,,,,,..d _"h 'I"'. lh.. W,II,,,... II N.._...n... b..Io..~.. '.. -1O"..d_.II," "n"q"''', $,,,II,,<d,"I.. duno IInd .,on""n. _...., II.. ......d <""",,,,'11' Ih..1' d"ff..tl .. ,,...,It ." "..-1.., ...<'d..,,, ""..... on .....011 '. ",..~ ,.. .nk. On'''.. <hnll....".../.h.. O;>Oy..,><"ltll,bu,,,.. hllu,. N<>t..""".."t'QI"..... u"'c."/.d ...n.d.. ","I",... boo,d.. \'".<-,;:'-'\j . ...,~.~ ~ ~ -t,. ~i !C i J . ~~ ~ I I I I I 1 1 I , - :..1t~"" ~~WJ 'H~~ ,~~j~':~ i .)~'" . ~~:~~. ".w ,FF'li ; j. .." \Si' ~, ~.~ ('a .; . , ;.':1- ' , "." c. ~'" . 'll' L ~ . . ..r., 'A. ~ }Jllllrprll1'1rut-Jf.ll1rI1111, 5,,+., Sl'p'. 15, Iq5b M" ,- ~ ' '~""';. /- '" ( . t'5. f''''.~ I , ~. ... '., .,,~ .. ' ~ t: ~ >' "~,. ~";IT.... ,.r. , '.' I" ,~....., , .' '1" ,/ ,..,<~. . ...."' .W.. . / /". 'tII -:., . .c \ . ..,'~ .-,..~' < ~, 'J.f:J?l..'iI!~it!:. .", · ".., tf: ~ i,I ~ ~, .j, "~'n' ~ ,,-~.-., "",'::~""S<' ~ i(~.. ..1", .. ~t r"Ii~',~,;.r.; -:1>, ~".. ;,'l. ~"I11 ~j , C'- '..' 'l;. '," ,,~~ ,,~ ....-...~,,_'t ''So-,'.' , '=';>1;'.... ~" \"'''~,. "";;;::"~~~'~' '~i:~~_:. "~~","I;jj]:i"J...;-""" . ~":::'>t~':~:!->..,- ",l:'Ne .... ... " TREASURE HUNf-H.ren Newman 'e",fa rh,ough her I."... "nliq"8' ,.,ogo- ai.... looking for Ireolurel while surrounded by CI hOlt of ~'f1""s" from .h. Victorian .ra-mol;f of Ihe combinQliOn b&d.oom..illin9 .oom. Hc...d.om. french Victorian .of", (f"" right) .....0' Ih. N.w,"",n.' "..y firsl ontiqu.. NOle 01.0 .h. .qug,. .o..wood p,ano, fam,ly ',I. .o.._cad bed Iwh.ch ny. clot. 1837 "o.v.d into Ih. f.am.1. ....ry .o,ly ...ahaqo"y "h..1 of d,aw... a,," hangin{l cronM'ry lamp. (Ind.p.nd.nl.Jou,nol phol_ by k... Mol,no) 'Ie '" !au. "W. think th.y had some- thlnll! 10 do with the story." Helen Newma" uplained. "that in boolle!!ging days l\lm.l\lnners cached Iheir contraband h.re which they had brought In rowbna(s from the point on Richard- son bay wh..re th.. multi. mil. lion-dollar hot.l is beinJ!: built .. RETAINING Till': oriJ!:innl wood structur. of th.. hnuse. Helen ..nd Rill knock..d n"t- sam. pa.llh..ns. added others and roofed ov..rth.. space b..t-......." on.. of th.. sh..ds ..nd the hou... to make . second bcdr""m. A solid foundation replaced the lead- sheet and dirt-rtoor bue- ment; shake _hingles the tar- paperedrooL..nd new..'i.ing and plumbing for the old. Paint and waU pap..r in subtle ..nd individualistic shades ..nd path'rns erased signs of we..r and tear. Antique enthusi..sts for milny y<,an. th<'y spilred no trouhle on o.der to r._tore e"erything in ke<,pinl1; ....,Ih it. ag... hut oft..n WIth cam. o"flaged mndern conve..."nC. ... Tilt: ~f,\l:'lO PART of the tConlillucd nn page Mil) salito and TIburon norlhwilrd to Corte Madera. the proper. tJwaslied up and leilseU un- tU recently by the Clotilda Reed estale and was owned b7 only one family before the Newmans houghtit. Settlnl: a five-year plan fo1' themselvl's,theybet;ame'.d<>- It-yourselfers" who would put IftOSt of the brotherhood to sbame. There were two problems -the house and the ~.ound.. When they started wilh the problem of iI foumlation, Ibey discovered the hase. mentwilS lined wilh big lead Jheell. OI.D.NtW CON.....ST_Tk. ...-.l.n "o...d. led p"...t.. dipp.r ,..1. ......... edQ. of. lIoinle.. ._1 dovbl. .,nk Nt in '00..... l.nQth <u"om.b",h <0.......... M.lal i. .li. 0...1... thi"'Q '0 dunk I<om,'. ,0Y. hv.bo..d ...N.w........ . o ;. ;-/,,''i.i;'(r'" ~ , ~~"':" , ~" f;. ...-~' 1':'"'; .. ~ ,,' ~--~ - ,'~ fr~ -- ; -,,~ .~.,~. ''L''i'', . ;;,J ,', . . i ,~~..,...... ~;"".ll" .........:~ : "v.~~:.~, . ~~~:"'a.::t~:.~ COVER PHOTO "YOU'D BE SURPRISED ho..... many probl.m.1 <on .01.... while I"m kn.oding b..od.".ay.M...W;U;oM B. N.....man. p...id.nt of Mill Voil....... QuId...... ....., Clvb. H..e .he put. '" loof of thaI b'.ad i..ta Ih. old-fo.h,o....d "".... ...o......quipp.dw;tI. go.. (Pho.o. on 'he.. 1_0 pages by"..... Molioo. In_ d..p..nd....t.Jaut..."'I) . Ill' "'1/ " . ' .1 t.'1 I' '1 r Iii'" I '. '''''.11 \t.;li"(l\"; '" nl" ~il \ "." . 'J' 1'1' l,ji\ . - tt ;I'~Y'Y I i.~ ........ ..,-r;~-~ 1 _.( ,~,'i :t',.- 'oJ ...' ;'" l.:. ~'t, t :,,~:t'1. ..~'..~.; ,.~ ..~. ,..';t;. .~., '. ., ~~,~.,.t. ,,' II.' "'~ ("~"('lt~...t ..,'" ..-, ,\.;..~~u;,;,.. , t,' ,d-,. -r W...LL'A'ER ROSfSo...'...ba'ht..b.o.g.....''''''''''ID<d_ pull. o"d 0" ....<a..d ....0.1. ba".. 0.. <_............... p'..... in Ih. 11111 quo,nl both,__ ,\ Bo+tt Sides "f, (-jJe- T,=Ll:-k 'J 2 Grace McCombie IToife What was your grandfather's work? After he left the ships, after he married, he be- gan working in a brickyard. You know there were a number of brickyards on the Tiburon peninsula at that time. Where Were they located? Well, there was one at Kozy Kove, which is where San Rafael Avenue and Tiburon Boulevard meet. And there was another one up near Del Mar, and another a bit north of the submarine depot, now Paradise Cove. My grandfather worked for awhile in both of those. Kozy Kove is the name of the little house and the beach; the name is on the gate as you drive in. My aunt said the cove was named that when she bought it, The gate and cypress hedge separated the house from the railroad track, This is the little house on the right as you cross the bicycle path. My grandfather was a kiln operator, When they built the McDonald Theatre in Oakland they sent him all over California to find the right clay, And when they tore down the McDonald Theatre I was here in Oakland and could have gone and got a brick from it but I didn't. When did the brickyards close down in Tiburon' Before the turn of the century, But my grand- father was still working in a brickyard when I was a little girl, up near San IClfael; he used to come home every weekend or just once a month. He had a fast little horse with a cart, the kind used in races, you know, one with a little seat, mostly wheels and a place for your feet. He would take that to work. When your grandparents came to Tiburon where did they live? In one of the brickyard's houses for employees. The little house on the creek was whitewashed in, side and out; it was very crude, it did not have paper in it. Your mother; Louise Heebner McCombie, was born in Tiburon? My mother, yes. in 1874! She died last year, 197~, just a few days after her hundredth birthday. She was born in the house by the creek there in Tibu' ron. They were all born down bv where the Reed School is now, where the dairy was at Hilarita. 11iIar, ita was completely separate from Tiburon at that time; now it is all one. Actually that whole area to me is a double exposure now. I still recall very strongly the days when I was there, and there wasn't a mile of paving, everythiog was dirt road, )ou picked your way over the highest spots, I go O\'er and see it as it is now, but in my mind it is still as it was. }VU are most fortunate to be able to see it botb ways! Oh, I was thrilled to pieces, but I didn't appreci- ate it then! I thought we were terribly depri\'ed to have to live there, We were a big family growing up on a farm, very poor and struggling, Let's go back a few years. Your mother u'as born in Tiburon; now when does vour father; Alexander McCombie, come on the scene? \1(ell, at about the age of eighteen my father was unhappy in England, so he left home. A half brother, Ed Carpenter, who Ii\'ed in Tiburon, sent him the money to come out. He came out steerage: he was almost rolled overboard, And then he paid back the money to my Aunt Chrissie. my uncle's wife. She was a typical little Irish gal. He said he never did know how much it cost; when she finally said, "Well, you've paid for it," that was the end. He did \'ari- ous jobs as a kid; he was a bartender in Tiburon. I wish I could remember the story he tells about tak- ing a rowboat with cases of beer over to Angel Is- land to the army, which was illegal. And how he hid on Angel Island with the beer. I should ha\'e written it down but I didn't. You said bis half-brotber lived in Tiburoll. Wbat did this brother do? Ed Carpenter was a machinist for the railroad. His house is still there, near Kozy Kove. )au cross the bicycle path, and then there is Kozy Kove. and then you go around that sharp bend and immedi- ately there is an old house set among the cypress trees. The second on the left. the white one. That is where Lnde Ed and Aunt Chrissie lived. And then Dad worked at the railroad as a rouW1 carpenter until someone said he really ought to go into hu...int:~s for himself. I think he was getting S.W a month from the railroad. So he It:Jscd lc.:n acres which j... now Seafirth. And at that time it belonged to En (;Jrc,a. 'I '.1 ~ , 'l ;j RECORDING REQUESTED, WHEN RECORDED SEND TO: TOWN CLERK TOWN OF TIBURON 1155 TIBURON BOULEVARD TIBURON, CA 94920 RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TmURON DESIGNA TING PROPERTY AT 841 TIBURON BOULEVARD AS A LOCAL HISTORICAL LANDMARK ASSESSOR PARCEL NO. 55-252-06 WHEREAS, the Town of Tiburon has received a request from the Belvedere- Tiburon Landmarks Society to designate its property located as 841 Tiburon Boulevard as an Historical Landmark of the Town; and WHEREAS, the Tiburon Heritage & Arts Commission has, pursuant to Chapter 13B of the Tiburon Municipal Code, found that the property contains structures of historic and cultural interest, and is worthy of consideration for protection, enhancement and perpetuation as such; and WHEREAS, the matter was duly referred to the Tiburon Planning Commission for its report and recommendation, and after public hearing on October 25 and November 8, 1995, the Planning Commission did recommend designation of the property as an historical landmark; and WHEREAS, the Heritage & Arts Commission, subsequent to the report from the Planning Commission, acted to recommend that said property, comprised of Assessor Parcel 55-252-06, be declared a historical landmark, and its report and recommendation have been forwarded to the Town Council, together with the repol1 of the Planning Commission; and WHEREAS, a public hem'ing was duly set and duly noticed before the Town Council for the purpose of acting on said recommendation; and Tiburon Town COllncil Resolution No. December} J, 1995 1 EXHIBIT NO.~ . WHEREAS, said public hearing was held on December 11, 1995, at which time the Town Council after due deliberation concurred in the recommendation of the Heritage & Arts Commission and Planning Commission that said property be declared an historical landmark of the Town of Tiburon. NOW, THEREFORE, BE IT RESOLVED that the Town Council hereby designates Assessor Parcel No. 55-252-06 (841 Tiburon Boulevard) as an Historical Landmark of the Town of Tiburon pursuant to Chapter 13B of the Tiburon Municipal Code. PASSED AND ADOPTED at an adjourned meeting of the Tiburon Town Council on December 11, 1995, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: NICKY WOLF, MAYOR TOWN OF TIBURON ATTEST: DIANE L. CRANE, TOWN CLERK Iscoll\84ltibtc.res Iiburon Town COllncil Resolurion No. Deumberll,1995 2 . MEMORANDUM TO: TOWN COUNCIL DECEMBER 11, 1995 FROM: TOWN MANAGER 1.6. SUBJECT: HISTORIC LANDMARKS DESIGNATION POLICY BACKGROUND Since incorporation, the Town of Tiburon has made only a few local historic landmark designations. They are the Donahue Building, Lyford's Hygeia Stone Tower, Old St. Hilary's Church and the proposed Brick Kiln Bunk House and Yard (former Newman property). The Belvedererriburon Landmarks Society has recommended the Town utilize a basic number sequence for past and future designations. RECOMMENDA TION That the Town support the Belvedererriburon Landmarks Society recommendation regarding a numerical identification of the Town's designated historical landmarks, and commence utilizing a numbering policy which states the number and year of designation, i.e. 001-1979, 002-1981, 003-1985, 004-1995. EXHIBITS 1. Letter to Town Manager from Belvedererriburon Landmarks Society, dated 10/25/95 ~ ~~~ ^ !",,,n-ProlirChdrlldl>il- ()rganI7iltiOn BELVEDERE- TIBURON LANDMARKS SOCIETY 1600 Juanita Lane Po. Box 134 BelvedereTiburon. California 94920 415-435-1853 October 25, 1995 Mr. Robert Kleinert, Town Manager Town of Tiburon Planning Commission Town of Tiburon Heritage and Arts Commission 1155 Tiburon Blvd. Tiburon, CA 94920 Dear Bob et al: Re: Historic designation numerical identification By resolutions #830, #879 and #1053 the Town has designated the Donahue Building, Lyford's Tower and Old St. Hilary's, respectively, as historical landmarks. We would like to suggest that the Town adopt a policy of numbering landmarks, in the sequence of designation by resolution. The first named would be 001 etc. For your reference we believe the following to be the correct designation and order: San Francisco & North Pacific Railroad Depot, (The Donahue Building), Town of Tiburon Historic Site 001 Lyford's Hygeia Stone Tower, Town of Tiburon Historic Site 002 Old St. Hilary's Mission Church, Town of Tiburon Historic Site 003 When the property at 841 Tiburon Boulevard is approved as an historic landmark, it should be: Brick Kiln Bunkhouse and Yard, Town of Tiburon HIstoric Site 004. I have discussed this idea with Vicky happy to elaborate if necessary. Arnett and would be [R1~~~O~~[Q) OCT 2 S 1995~ TOWN MANAGER'S OFFICE TOWN OF TIBURON Very truly yours, ~~ G. Roger Felton, President I hllHJI-,H"\' f>n'srdt'f11 [Jt'\'('rl\' Wrigtlll~lSllilrl_ III Jtll)f(}r\' .\l"tllbcrs: 1{11S(' H. V('rrilll~, Tll(JrlhlS ~1_ I..act'\', (:aHllilU' S jj\'t'rtlllm'*. rllornilS 1\, (:ru\....!'.\'.. \\'ilIi,llll H. [) dlld [lOfOt!1\' (:urhlll.'rrSOr\*. \1;lri0I1 J> ,\lIt.]}", Wirlifrnj B, .\lIen", Elihll>l.'tll T{'l\.vilhgt'r. BriIHHl Hc,,", Peter Bdlr. I lelel1 (j Booti)", (;ordun \\' .'-ilrirwllfldgc*. HllSsdl ilnd BCnJidt'1 Keil. I'wdcrick ,lIul JUdlliril Zelinsky", :'\.1iriilrll B. {irbac, .-\drllirdJ C :'\I, Pi\\'lll'. Jr., Phyllis Ellman, rtlorlliLS. ilIHl .Ic,UlIW Price, Vlilriil Woodw,ml. IId('1l NC\\'lllilil.. [)il\'jl!. dud Louise TCilllwr. D(l\'id .\l1efl, Howard :\II('Il. Frwin Farlc\'. ESltlt'r \.1eyel. !i<lrl"lril (;noss. /{otx'n Vilrl Bldricofll. Shirl('\' ~ljlcllt'lJ. Edwilrd (i. Zelinsky, (ieorge Cinoss. /{on Hylilf}(1 .!k'{'('(lS(:d (j) TIBURON POLICE DEPARTMENT MEMORANDUM TO: MEMBERS OF THE TIBURON TOWN COUNCIL DATE: DEC. 7, 1995 FROM: PETER G. HERLEY, CHIEF OF POLICE SUBJECT: REVISION OF THE FALSE ALARM ORDINANCE - 2". READING At the regular meeting of the Tiburon Town Council on December 6, 1995, the ordinance dealing with the revision of the current False Alarm Ordinance was read and adopted, with some minor revisions. Attached is the updated False Alarm Ordinance incorporating the revisions directed by the Council. The revisions are as follows: Section 29-1O(a) - "single calendar day" has been removed and "twenty-four hour period" inserted. Section 29-10(g) - "one calendar day" has been removed and "twenty-four hour period" has been inserted. Section 29-11(a) - "no longer respond" has been removed and "have no obligation to" has been inserted. ORDINANCE NO. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REPEALING CHAPTER 29 OF THE TIBURON MUNICIPAL CODE REGARDING ALARM SYSTEMS AND ENACTING A NEW CHAPTER 29 The Town Council of the Town of Tiburon does ordain as follows: SECTION 1. The existing Chapter 29 of the Tiburon Municipal Code (False Burglar Alarms) is hereby repealed in its entirety. SECTION 2. A new Chapter 29 is hereby added to the Tiburon Municipal Code to read as follows: Sections: Sec. 29-1 Sec. 29-2 Sec. 29-3. Sec. 29-4. Sec. 29-5. Sec. 29-6. Sec. 29-7. Sec. 29-8. Sec. 29-9. Sec. 29-10. Sec. 29-11. Sec. 29-12. Sec. 29-13. Sec. 29-14. Sec. 29-15. Chapter 29 BURGLAR ALARM SYSTEMS Findings and Purpose Definitions Administration Alarm business registration. Alarm business notification of installation. Alarm permits required. Alarm permit conditions. Automatic dialing and direct connection systems prohibited. False alarms prohibited. False alarm fees and penalties. Res/Jonse cancellation. Suspension of alarm permit Reactivation of res/Jonse. Appeals. Enforcement. Section 29-1. Findings and Purpose. There are a substantial number of burglar alarms received by the Tiburon Police Department. It is the policy and practice of the Tiburon Police Department to respond to all alarms and prepare a report for each response. Most of these alarms drafted: December 7, 1995 . 1 are false and are the result of improper maintenance or use of an alarm system. False alarms needlessly divert limited police resources from genuine alarms and other emergencies. Police officers responding to false alarms are not available to perform other necessary police duties. The purpose of this ordinance is to reduce the number of false alarms in order to conserve police personnel time and increase protection for all citizens of the Town. This purpose is accomplished by providing minimum standards for installation and operation of alarm systems. This ordinance also imposes the costs of responding to false alarms on the alarm user and imposes penalties for false alarms. In addition, this ordinance requires alarm users to obtain an annual alarm permit. The purpose of this permit is to increase police effectiveness and promote public safety by allowing the police department to maintain current, accurate emergency information for all alarm systems in the Town of Tiburon. Section 29-2. Definitions. For purposes ofthis Chapter, the following words and phrases shall have the following meaning: (a) "Alarm agent" means any person employed by an alarm business whose duties include installing, maintaining, repairing, replacing or servicing an alarm system or responding to same. (b) "Alarm business" means any person operating for any consideration who is engaged in the installation, maintenance, alteration or servicing of alarm systems or who responds to such alarm systems. (c) "Alarm system" means an assembly of equipment and devices arranged to signal the presence of any condition upon premises within the Town of Tiburon to which the police department normally responds. The term "alarm system" shall include equipment which is designed to detect an emergency, or which is designed to be activated by a person to report an emergency. Alarm systems include, but are not limited to, local alarm systems and central station alarm systems. Alarm systems shall not include audible alarms affixed to automobiles. (d) "Alarm user" means any person who owns, leases, is the agent of the owner or lessee of, or otherwise is in possession or control of a premises on which an alarm system has been installed and operates. drafted: December 7, 1995 2 . (e) "Audible alarm system" means an alarm system which is capable of being heard outdoors when it is activated. (1) "Automatic telephone dialing alarm system" means an alarm system which utilizes a device which automatically transmits a pre-recorded message over telephone lines to a number in the Town's communication center. (g) "Central station alarm system" means an alarm system which transmits the alarm signal to a facility where operators monitor the system and retransmit the signal to the Town's communications center. (h) "Chief of Police" means the Chief of the Tiburon Police Department or the Chief's designee. (I) "Direct connection alarm system" means an alarm system which transmits an alarm signal directly to the Town communications center. (j) "Emergency" means the commission or attempted commission of any felony, unauthorized entry into premises or any act of violence. (k) "False alarm" means an alarm signal resulting in a response by the police department when an emergency does not exist. An alarm shall be presumed false if the responding officer(s) does not locate any evidence of an intrusion or of the commission of an unlawful act or emergency on the premises which might have caused the alarm to sound. Alarms caused by earthquakes, hurricanes, tornadoes, or other "violent" acts of nature, shall not be deemed false alarms. (I) "Local alarm system" means an alarm system which is operated by the user who is normally responsible for its operation. The alarm signal is annunciated only on the premises. (m) "Person" means an individual, partnership, unincorporated association or corporation. (n) "Premises" means any land and building located within the Town of Tiburon except land or buildings owned or leased by the federal government, State of California or any political subdivision of the state, including public services. {Q1 "Public nuisance" means an alarm system that is false(y activates more than ei~ht times in a "365-dav" neriod. drafted: December 7, 1995 3 (p) "Town communications center" means the Tiburon Police Department, the Southern Marin Communications Center or any other entity providing police dispatching services for the Tiburon Police Department. (q) "Town manager" means the Town Manager of the Town of Tiburon or the Manager's designee. Section 29-3. Administration. The provisions of this Chapter shall be administered and enforced by the Chief of Police. The Chief of Police is authorized to make inspections of a1ann systems and the premises where such systems are located to determine whether an alarm permit is required. The Chief of Police shall also have the authority to make and enforce such rules and regulations as are necessary to implement the provisions of this chapter. Section 29-4. Alarm Business Rel:istration. (a) Every a1ann agent or alarm business conducting business in the Town of Tiburon shall first register with the Chief of Police by providing proof that the person or business has (1) a current, valid Alarm Operators License issued by the State of California, and (2) a current business license issued by the Town of Tiburon. (b) Upon registering with the Chief of Police, every alarm agent or alarm business shall be provided with a copy of this Chapter, any Town Council resolutions establishing fees or penalties authorized by this Chapter and any rules and regulations adopted by the Chief of Police for the purpose of implementing this Chapter. No alarm business shall sell, install or maintain any such system in the Town of Tiburon without providing continuous twenty-four (24) hour service for such system. Section 29-5. Alarm Business Notification of Installation. (a) Alarm businesses shall notify the Tiburon Police Department each time the business sells or installs an alarm system within the Town of Tiburon. This notification shall be in writing, and shall be made within ten (10) days of each such sale or installation or a change in any of the following required information: drafted: December 7, 1995 4 (1) The name, address, and telephone number of the alarm business or its alarm agent. (2) The address where the alarm system has been installed, the name of the alarm users and their business addresses and telephone numbers, and residential address and telephone number. (3) The name of at least one other person responsible to respond to the alarm site in the event the alarm is activated and his or her business address and telephone number, and residential address and telephone number. (4) The type of alarm system installed and the emergency or unlawful act it is designed to detect. (b) Alarm businesses shall notify the Tiburon Police Department each time the business activates an alarm system during the installation, repair or testing of such system if the activation results in an audible signal that can be heard outside of the building or premises, or the alarm, whether audible or silent, could otherwise result in the Tiburon Police Department responding to a false alarm. {d Alllrm businesses shall notify their customers Q,f all chanres in the Burglar Alarm Svstem Ordinance. Section 29-6. Alarm Permits Required. (a) No alarm user shall install and/or operate an alarm system on any premises within the Town of Tiburon unless such person or business has been issued a permit pursuant to the provisions of this Chapter. Alltml users II ith e~stiftg alarm s, stems ift use Oft the dfeetilt date of this Chaptel shall halt Ufttil Jaftuar, 1, 1994 to appl, f61 the permit required hy this sectioft. (b) Applications for permits and renewals of permits shall be filed in writing with the Chief of Police, on a form provided by the Chief of Police, along with a non-refundable application or renewal fee in the amount set by the Town Council by resolution. (c) The alarm permit will be issued by the Chief of Police if all of the conditions set forth in Section 29-7 are satisfied. Denial of a permit may be appealed pursuant to Section 29-13. drafted: December 7, 1995 5 . (d) An alarm user pennit shall be valid to December 31 Q.fthe vear followinr f6r t'l\6 )tltU fl6m the date of issuance. During that time, the permit shall not be transferable and shall terminate when there is a change of alarm user, change of location or upon suspension. (e) Upon reinstatement of a permit which has been suspended in accordance with this Chapter, the same fee shall be required for reinstatement as would be required for an original permit. <0 All governmental entities shall be exempt from fees for permits, but shall be subject to all other provisions of this Chapter. (g) The infonnation contained on the application fonn and any subsequent inspection or investigation notes, reports, or files pertaining to the alarm user shall be confidential and not open to public inspection. It is hereby declared that this information is critical to the safety and security of the alarm user and law enforcement personnel and that the public interest served by not disclosing said information to the public clearly outweighs the public interest served by disclosing said information. (h) The permit shall list the alarm business, alarm agent or other person responsible for operation and maintenance of the alarm and at least one other person who may be contacted in an emergency or to confirm an alann. <n Upon issuance of an alarm permit or the renewal of a permit, the Chief of Police shall provide the alarm user with information regarding the provisions of this Chapter and any applicable fees or penalties adopted by the Tiburon Town Council and in effect at that time. Section 29-7. Alarm Permit Conditions. Every alarm user within the Town of Tiburon shall comply with the following conditions. The breach of any of these conditions shall be sufficient cause for suspension of the permit by the Chief of Police. (a) It shall be unlawful to buy, sell, install, or operate within the Town of Tiburon an audible alarm system which upon activating emits a sound similar to sirens in use on emergency vehicles or for civil defense purposes. For purposes of this section, any electronic sounding device that produces a variable pitch-tone shall be considered similar to an emergency vehicle siren. This section shall not apply to sirens mounted inside a building whicl! cannot be heard from outside of the building. drafted: December 7, 1995 6 . (b) It shall be unlawful to install on the exterior or interior of a building an alarm system which, upon activation, emits a sound exceeding 85 decibels when measured from outside the premises. It shall also be unlawful to install on the interior of a building an alarm system which, upon activation, emits a sound exceeding 95 decibels. (c) Every owner maintaining an audible alarm shall post a notice containing the name and telephone number of the alarm business, alarm agent or other person responsible for operation or maintenance of the alarm. This notice shall be posted near the alarm so that it is legible from the ground adjacent to the building. (d) The alarm system must be equipped with an automatic shut-off device which shall silence the alarm and/or turn off all exterior pulsating lights, except alarm indicator lights, within fifteen minutes. (e) It is the responsibility of the alarm user to ensure that all emergency information on the alarm permit is current. The Chief of Police shall be notified within thirty (30) days of any changes in individuals responsible for the operation of the alarm system and/or a change in the alarm company. <0 Alarm users, alarm businesses or alarm agents, when requested by the Tiburon Police Department, shall have the alarm user, a representative of the alarm business or other responsible person respond to the scene of the alarm within one (1) hour of the request to render necessary service. This service shall include, but is not limited to, opening the premises for building searches, resetting the alarm system(s) and securing the building as necessary. (g) All components comprising an alarm system must be maintained in good repair to assure reliability of operation. (h) The sensory mechanisms used in connection with all alarm systems shall be adjusted to suppress false alarms. <n All alarm systems shall be supplied with an uninterruptable backup power supply which will automatically assume the operation of the alarm system should normal electrical service be interrupted. The backup power supply shall be capable of at least four (4) hours of operation. The transfer of power from the primary source to the backup source must occur in a manner which does not activate the alarm. (j) Any building containing two or more separate and distinct living units or businesses which are equipped with alarms shall display in a conspicuous place, at or near the entrance to the building, a visual or audible device indicating which of the drafted: December 7, 1995 7 alarms has been activated. (k) In the event that a group of alarm users are placed on a single incoming line, the system must be so designed as to reset itself within one minute so as to afford protection to the rest of the alarm users on the single line. It must also be so designed so as to activate a visual or audible alarm at the violated premises even after the system has reset, affording protection to the other users. (I) Alarm users with existing alarm systems in use as of the effective date of this ordinance shall have until January 1, 1996, to either bring their system into compliance with the requirements of this section, request an extension of time to comply or request an exemption from the requirements of this section. Requests for extensions of time or exemption shall be made in writing to the Chief of Police who may grant such requests upon finding that to do so would not frustrate the purposes of this Chapter. Section 29-8. Automatic Dialinl;! and Direct Connection Systems Prohibited. It shall be unlawful to buy, sell, install or operate any alarm system which, when activated, causes an alarm to be sent directly to the Town Communications Center or Tiburon Police Department by an automatic dialing system, a direct connection alarm system, or any other means. Section 29-9. False Alarms Prohibited. No alarm user shall operate or maintain an alarm system which emits false alarms. Section 29-10. False Alarm Fees and Penalties. (a) Alarm users with a valid, current alarm permit on file with the Tiburon Police Department shall be subject to false alarm fees and penalties beginning with the third fourth false alarm occurring in taeh 12 month a calendar vear period ltfter isslIanet of the permit. Alarm users shall not be charged for more than one false alarm penalty in any single ealtndllf day twenty-four hour period unless the false alarms are directly caused by the user. The amount of the fees and penalties shall be established by the Town Council through adoption of a resolution. (b) Alarm users without a valid, current alarm permit (including those with suspended permits) shall be subject to false alarm fees and penalties for each and every false alarm. Alarm users shall not be charged for more than one false alarm penalty in any twenty-four hour period singlt: ealtndaf dll) unless the false alarms are directly caused by the user. The amount of the fees and penalties shall be established drafted: December 7, 1995 8 by the Town Council through adoption of a resolution. W Alarm users without a valid permit shall have thirty (30) davs to obtain a permit after receivinr: notice of the false alarm penalty. If a llermit is obtained within that time. $50 shall be taken Q.fj the alarm fees and llenalties. (d) Failure to pay false alarm fees and penalties may be cause for suspension of the alarm permit. (e) The Chief of Police may waive false alarm fees and penalties if an examination of the facts indicates the alarm system was activated under unusual or extraordinary circumstances. In addition, fees may be waived for up to 30 days to allow for adjustments to correct mechanical and/or operational problems for any new, improved or replaced alarm system. Requests for waiver shall be made in writing and shall be processed under the provisions of Section 29-14. (t) The amount of any false alarm fees and penalties imposed pursuant to the authority of this Chapter shall be deemed a debt to the Town of Tiburon. An action may be commenced in the name of the Town in a court of competent jurisdiction for the amount of any unpaid fees and penalties as well as any fees or charges required to file and pursue such civil action. (g) The Chief of Police may, in the exercise of his discretion, direct that the police department shall not respond to a premises under the following circumstances: there have been repeated false alarms in on~ ~alendllf' da, any twenty-jour hour period and the alarm user, business or other responsible person cannot come to the premises, correct the problem or turn off the alarm system. The deeision not to respond shall not be effediu for longer than S~Hn (7) d~s. The alarm user shall be responsible for any fees or penalties incurred prior to the decision not to respond. Section 29-11. Resllonse Cancellation {gl The police dellartment shall have no obliration to respond to an alarm system which has been deemed a llublic nuisance. as d(!.fined in Section 29-2. Upon reachinr: completion Q.f the above definition. Ullon meetinf{ any or all Qj the below listed criteria. and Ullon notice as described below. the llolice dqlUrtment shall have no obliration to respond to the alarm sif{nal. ill The violation Qf any Qf the llrovisions of the permit ar:reement: ill When an alarm system actuates excessive false alarms and. thereby. constitutes a nuisance as d(!.fined herein: drafted: December 7, 1995 9 . ill When the a1JDlicant or permittee. or his employee or af!ent. has knowinr:{v made any false. misleadinr or fraudulent statement of a material fact in the aDDlication for a Dermit or in any reDort or record required to be filed with any Town arencv. 00 When the alarm user fails to pay fees or Denalties within 60-davs. m When Dolice respond to a false alarm within lO-davs qfter a revocation Qj re.wonse has been reinstated. (bJ Response to a location shall not be revoked due to non-acquisition Qf an Alarm Permit. k1 (f an alarm location's status is on a "ResDonse Cancellation" status at the end fl.f a calendar Year. for Dll1:poses of calculatinr total responses for relatinf{ to cancellation. the total number of responses shall not revert to zero and will be cumulative. W The owner and/or licensee of an alarm system which constitutes a Dublic nuisance as dt:,fined in this chapter shall be notified bv the chitif fl.f Dolice. or his desivnee. that the Dolice deDartment is under no obligation to resDond to the premises fl.f an alarm which constitutes a public nuisance. The chitif fl.f Dolice. in the case Qf such revocation. shall serve the permittee with a written order fl.f revocation which shall state the reasons for such revocation. The order shall be deDosited in the United States mail as soon as Dossible q/ter such alarm has been constituted as a public nuisance or personal{v served. Said order shall be effective immediately. if Dersonally served. or forty-eight hours after the same has been deDosited in the course fl.f transmission in the United States Postal Service. ill Nothwithstandinf{ the t:.(fectiveness of an order Qj revocation. the permittee may continue the use fl.f any alarm system requirinr a Dermit until the appeal process has been exhausted. unless the chit:f fl.f police. or his desivnee. determines that the continued operation of such alarm system interferes with the safe and fi.fficient oDeration of the Dublic safety deDartment involved. The owner of an audible alarm system shall be required to immediately deactivate the audible Dordon fl.f the system. upon notification that the system is a public nuisance. Section 29-12. Suspension of Alarm Permit. (a) Upon evidence that any of the permit conditions set forth in Section 29-7 has been violated or that false alarm fees and penalties have not been paid, the Chief of Police may suspend an alarm permit. The suspension shall become effective fifteen (15) days after written notice of the suspension is mailed by the Chief of Police to the alarm user and alarm business listed on the permit unless an appeal is filed pursuant to Section 29-14. drafted: December 7, 1995 10 . (b) The suspension shall be lifted once evidence is presented to the Chief of Police establishing that the violations have been corrected or am1 the alarm fees and penalties have been paid. Section 29-13. Reactivation of ResDonse. Response to an alann location shall be reactivated under the followinr: conditions: {gJ AcctaJtance of Drofl.f bv the alann user or alann companv of correction of the Droblem which activated the alann: and. @ Acceptance of proof bv the Chill! fl.f Police: and. {cl Pavment of past due penalties. Section 29-14. Appeals. An alarm user whose application for a permit has been denied, has had their permit suspended or Dolice reSTJonse revoked or has been denied a waiver of fees or penalties by the Chief of Police may appeal that decision. (a) The initial appeal shall be to the Chief of Police. A letter of appeal must be filed with the Chief of Police within fifteen (15) days of the mailing of the letter of notification of the proposed action. While the appeal is pending, the action proposed by the Chief of Police shall not be implemented. This initial appeal shall be informal and no written decision need be prepared. Failure to file a timely appeal shall constitute a waiver of the alarm user's right to appeal provided however, that the Chief of Police may in his discretion waive the fifteen (15) day limit if good cause is shown or there is cause to believe that it might encourage substantial cooperation from the alarm user. (b) If the alarm user is dissatisfied with the decision of the Chief of Police, they may file a letter of appeal to the Town Manager. The Town Manager shall set a time and place for a hearing which shall be no more than fifteen (15) days after the Manager's receipt of the letter of appeal. Failure to file a timely letter of appeal to the Manager shall be a waiver of the alarm user's right to a hearing. (c) At the time and place set for the hearing upon the appeal, the Town Manager shall hear evidence from the appellant andror any other interested party. The burden of proof shall be upon the appellant to show that there was no substantial evidence to support the Chief of Police's action. drafted: December 7, 1995 11 (d) Within five (5) days after the conclusion of the hearing, the Town Manager shall render a decision on the appeal. The decision shall be final. Notice of the decision shall be mailed to the appellant within three (3) days of the decision. If the appeal is denied and involves a suspension of a permit, the notice shall inform the alarm user of the exact date that the suspension shall commence, which shall in no event be sooner than five (5) days after notice of the decision has been mailed. Section 29-15. Enforcement. Any person or business violating any provision of this Chapter shall be guilty of an infraction. Upon conviction on an infraction, a person shall be subject to payment of a fine, not to exceed the limits set forth in Government Code Section 36900. After the third conviction for a violation of this Chapter within any twelve (12) month period any subsequent violation within a twelve (12) month period may be punished as a misdemeanor. 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 and be in force thirty (30) days after the date of passage. Pursuant to the provisions of Government Code Section 36933, a summary of this 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 adoption of this ordinance, the Town Clerk shall (1) publish the summary, and (2) post in the office of the Town Clerk a certified copy of the full text of the ordinance along with the names of those Council members voting for and against the ordinance. drafted: December 7, 1995 12 @ Tiburon Police Department MEMORANDUM TO: Robert L. Kleinert, Town Manager 1J.1"19~ DATE: ~ 11, j H FROM: Peter G. Herley, Chief of Police SUBJECT: Adoption of a New Town Ordinance (Chapter 23 - Motor Vehicles and Traffic) The Town ofTiburon, Police Department recommends that the Tiburon Town Council considers for adoption Chapter 23 of the Tiburon Municipal Code. Chapter 23 regulates motor vehicles and traffic. As proposed, Chapter 23 includes in part, Tiburon Municipal Code Ordinance No. 55 - Motor Vehicles and Traffic, and Tiburon Municipal Code Ordinance 389 N.S. - Abandoned Vehicle Abatement. Chapter 23 has also be updated to include all new regulatory laws required by the California State Vehicle Code. Ordinance No. 55 was enacted by the Tiburon Town Council in 1966 and has not been update since its inception. Ordinance 389 N.S. was enacted by the Tiburon Town Council in 1992, and while it is up to date, it should be included under the umbrella of Chapter 23 - Motor Vehicles and Traffic. TOWN OF TIBURON MEMORANDUM TO: MEMBERS OF THE TIBURON TOWN COUNCIL DATE: November 22, 1995 FROM: PETER G. HERLEY, CHIEF OF POLICE SUBJECT: REVISION OF THE TOWN OF TIBURON TRAFFIC ORDINANCE (Chapter 23) BACKGROUND AND ANALYSIS In 1964 when the Town incorporated, the Tiburon Town Council adopted an ordinance by reference, now found in Chapter 23 of the Tiburon Municipal Code, regulating motor vehicles and traffic. That ordinance was originally produced by the League of California cities with certain changes pertinent to Tiburon. The ordinance has been largely unmodified since then. The only major change prior to Chapter 23 occurred in 1993 when the Town, along with all other cities in Marin, adopted new provisions regulating the abatement of abandoned vehicles. In 1993, the Police Department and the Town Attorney determined that for a number of reasons, Chapter 23 should be entirely rewritten. First, since 1964, there have been numerous amendments to the California Vehicle Code which supersede provisions of our ordinance. Because the Vehicle Code preempts 100:al ordinances, it makes sense to delete the now UlU1ecessary sections in order to avoid confusion. Second, the format of our current ordinance (only showing changes to a longer document incorporated by reference) makes the ordinance more difficult to use for both the Police Department and the public. By putting all provisions of the ordinance into one document (a practice already adopted by virtually all cities in Marin), the document is more useful. Finally, the new ordinance groups together provisions which are related to one another, again making the ordinance easier to use. As an example, Section 23-4 of the new ordinance sets forth all the powers and duties of the Town's Traffic Engineer. In the old ordinance, these powers and duties were scattered in sections and subsections throughout the ordinance. The new ordinance does not propose any substantive changes in speed limits, parking regulations or any other traffic regulation. RECOMMENDATION It is recommended that the Council: I) conduct a public hearing on this matter; 2) by motion read the ordinance by title only; and 3) introduce the ordinance by roll call vote. EXHIBITS 1. Drafi Town Ordinance ORDINANCE SUMMARY AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REPEALING THE EXISTING CHAPTER 23 OF THE TIBURON MUNICIPAL CODE AND ADDING A NEW CHAPTER 23 REGULATING MOTOR VEHICLES AND TRAFFIC On , the Town Council of the Town of Tiburon adopted an ordinance regulating motor vehicles and traffic in the Town of Tiburon. Pursuant to Government Code Section 36933(c)(I), the following summary of the ordinance. The existing Chapter 23 of the Tiburon Municipal Code regulates motor vehicles and traffic in the Town of Tiburon.1 The bulk ofthe existing chapter was adopted in 1964 when the Town first incorporated and has not been updated since. During that time, there have been many changes to the California Vehicle code which conflict with provisions ofthe Town's ordinance. In the event of such conflicts, the Town enforces the Vehicle Code. The existing Chapter 23 also contains provisions regarding the abatement of abandoned vehicles. The new ordinance replaces Chapter 23 with a completely updated traffic ordinance. The new ordinance makes no substantive changes. The ordinance deletes or amends provisions which conflict with the State Vehicle Code and reorganizes the entire chapter for ease of reference. The new ordinance also incorporates expressly provisioins which were previously incorporated by reference, again making the ordinance easier to use. The ordanance was adopted on ,1995, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NICKY WOLF, MAYOR Town of Tiburon DIANE L. CRANE, TOWN CLERK . ORDINANCE NO. N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REPEALING THE EXISTING CHAPTER 23 OF THE TIBURON MUNICIPAL CODE AND ADDING A NEW CHAPTER 23 TO THE TIBURON MUNICIPAL CODE REGlJI.ATING MOTOR VEHICLES AND TRAFFIC The Town Council of the Town of Tiburon does ordain as follows: SECTION 1 EXISTING CHAPTER 23 OF THE TIBURON MUNICIPAL CODE REPEALED The existing Chapter 23 of the Tiburon Municipal Code (Ordinances No. 55 and 389 N.S.) entitled "Motor Vehicles and Traffic" is hereby repealed in its entirety, provided however, that this repeal shall not effect or prevent the prosecution or punishment of any person for any act done or omitted in violation of this chapter prior to the effective date of this ordinance. SECTION 2 NEW CHAPTER 23 OF THE TIBURON MUNICIPAL CODE ADDED A new Chapter 23 entitled "Motor Vehicles and Traffic" is hereby added to the Tiburon Municipal Code to read as follows: ARTICLE I. Section 23-1 Section 23-2 Section 23-3 Section 23-4 Section 23-5 Section 23-6 Section 23-7 Section 23-8 Section 23-9 Section 23-10 Section 23-11 ARTICLE II. Section 23-12 Section 23-13 Section 23-14 Section 23-15 Section 23-16 Section 23-17 CHAPTER 23 MOTOR VEHICLES AND TRAFFIC Definitions of Words and Phrases Police Administration-Traffic Division Authority of Police and Fire Department Officials Town Traffic Engineer Traffic Safety Committee Traffic Regulations Apply to Person Riding Bicycle or Animals Public Employees to Obey Traffic Regulations Exemption of Certain Vehicles Traffic Control Signs Required for Enforcement Purpose Unauthorized Painting of Curbs Violation Obedience to Police or Authorized Officers Obstruction or Interference with Police or Authorized Officers When Vehicles May Be Removed From Streets Obedience to Traffic Control Devices Signal Controlled Intersections (Right Turns) Stop at Through Street or Stop Sign -1- Section 23-18 Section 23-19 Section 23-20 Section 23-21 Section 23-22 Section 23-23 Section 23-24 Section 23-25 Section 23-26 Section 23-27 ARTICLE III. Section 23-28 ARTICLE IV. Section 23-29 Section 23-30 Section 23-31 Section 23-32 Section 23-33 Section 23-34 Section 23-35 Section 23-36 Section 23-37 Section 23-38 Section 23-39 Section 23-40 Section 23-41 Section 23-42 Section 23-43 Section 23-44 Section 23-45 Section 23-46 Section 23-47 ARTICLE V. Section 23-48 Section 23-49 Section 23-50 Section 23-51 Section 23-52 Section 23-53 Section 23-54 Section 23-55 Section 23-56 Emerging from Alley, Driveway or Building Commercial Vehicles Using Private Driveways Riding or Driving on Sidewalk New Pavement and Markings Obedience to Traffic Barriers and Signs Vehicles and Horses Prohibited on BicyclerPedestrian Paths Use of Vehicles on Multi-Use Path Use of Skateboards, Coasters and Similar Devices Regulated When Pedestrians Must Use Crosswalk Operation of Motorcycles on Unimproved Roads Speed Limits Application of Regulations Stopping or Standing in Parkways Prohibited No Parking Areas Use of Streets for Storage of Vehicles Prohibited Repairing or Greasing Vehicles Washing or Polishing Vehicles Parking Adjacent to Schools Parking on Narrow Streets Parking on Grades Unlawful Parking - Peddlers, Vendors Emergency Parking signs Parking Parallel on One-Way Streets Diagonal Parking Parking Commercial Vehicles in Residential Districts Authority to Establish Loading Zones Curb Markings to Indicate No Stopping and Parking Regulations Standing in Any Alley Bus Zones to Be Established Taxicab Stands Declared Nuisance Definitions Abandonment: Presumption Exceptions to Article Article Supplemental to Other Laws Enforcement Right of Entry of Franchised Person Administrative Costs Hearing on Abatement. Notice of Hearing. -2- . Section 23-57 Section 23-58 Section 23-59 Section 23-60 Section 23-61 Section 23-62 Conduct of Hearing Removal of Vehicle Notice of Removal to Be Sent to Department of Motor Vehicles Notice of Costs Sent to Owner Costs to Be Collected as Taxes Abandoning Vehicle Prohibited ARTICLE I. GENERAL PROVISIONS REGARDING TRAFFIC ADMINISTRATION Section 23-1 DEFINITIONS OF WORDS AND PHRASES The following words and phrases, when used in this chapter shall have the following meanings. Whenever any words or phrases used herein are not defined, but are defined in the Vehicle Code of the State of California and amendments thereto, such definitions shall apply. (a) Central traffic district shall mean all streets and portions of streets within the area described as follows: All that area bounded by Main Street, Tiburon Boulevard, and Beach Road. (b) Coach shall mean any motor bus, motor coach, trackless trolley, or passenger stage used as a common carrier of passengers. (c) Council shall mean the Town Council of the Town of Tiburon. (d) Curb shall mean the lateral boundary of the roadway whether such curb be marked by curbing construction, or not so marked; the word "curb" as herein used shall not include the line dividing the roadway of a street from parking strips in the center of a street, nor from tracks or right of ways of public utility companies. (e) Divisional Island shall mean a raised island located in the roadway and separating opposing or conflicting streams of traffic. (f) Holidays shall mean the first day of January, the third Monday of January, the twelfth day of February, the twenty-second day of February, the thirtieth day of May, the fourth day of July, the first Monday in September, the ninth day of September, the twelfth day of October, the eleventh day of November, the twenty-fifth day of December, and Thanksgiving Day. If the first day of January, the fourth day of July, the ninth day of September, the twelfth day of October, the eleventh day of November, or the twenty-fifth day of December falls upon a Sunday, the Monday following is a holiday. (g) Loading Zone shall mean the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials. -3- . (h) Official Time Standard shall mean standard time or daylight savings time as is in current use by this Town. (I) Parking Meter shall mean a mechanical device installed within or upon the curb or sidewalk area, immediately adjacent to a parking space, for the purpose of controlling the period of time occupancy of such parking meter space by any vehicle. (j) Passenger Loading Zone shall mean the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers. (k) Police Officer shall mean every officer of the Tiburon Police Department or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. (I) Vehicle Code shall mean the Vehicle Code of the State of California. Section 23-2 POLICE ADMINISTRATION-TRAFFIC DIVISION (a) There is hereby established in the police department of the Town a traffic division to be under the control of a police officer appointed by and directly responsible to the Chief of Police. It shall be the duty of the traffic division, with such aid as may be rendered by other members of the police department to: enforce the street traffic regulations of this town and all of the state vehicle laws applicable to street traffic in the Town; to make arrests for traffic violations; to investigate traffic accidents; and to cooperate with the Town traffic engineer and other officials of the Town in the administration of the traffic laws and in developing ways and means to improve traffic conditions. (b) The traffic division shall annually prepare a traffic report which shall be filed with the Town Council. Such a report shall contain information on traffic matters in this Town as follows: I. The number of traffic accidents, the number of persons killed, the number of persons injured, and other pertinent traffic accidents data; 2. The number of traffic accidents investigated and other pertinent data on the safety activities of the police; 3, The plans and recommendations of the division for future traffic safety activities. -4- Section 23-3 AUTHORITY OF POLICE AND FIRE DEPARTMENT OFFICIALS (a) Officers of the Police Department are hereby authorized to direct all traffic by voice, hand, audible or other signal in conformance with traffic laws, except that in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the Police Department or members of the Fire Department may direct traffic as conditions may require, notwithstanding the provisions to the contrary contained in this chapter or the Vehicle Code. (b) No person other than an officer of the Police Department or members of the Fire Department or a person authorized by the Chief of Police or a person authorized by law shall direct or attempt to direct traffic by voice, hand or other signal, except that person may operate, when and as herein provided, any mechanical push button signal erected by order of the Town Traffic Engineer. Section 23-4 TOWN TRAFFIC ENGINEER (a) The office of Town Traffic Engineer is hereby established. The Town Engineer shall serve as Town Traffic Engineer and shall exercise the powers and duties with respect to traffic as specified in this chapter or the Vehicle Code. The Town Traffic Engineer shall base all decisions on traffic engineering safety standards and instructions set forth in the California Maintenance Manual issued by the Division of Highways of the State Department of Public Works or any other generally accepted traffic engineering safety standards. The duties of the Town Traffic Engineer shall include, but are not limited to: (1) To place and maintain or cause to be placed and maintained official traffic control devices when and as required to make effective the provisions of this chapter, any provision of the Vehicle Code or in any other situations as may be determined to be necessary on the basis of traffic engineering principles. (2) To install and maintain official traffic signals at those intersections and other places where traffic conditions are such as to require that the flow of traffic be alternately interrupted and released in order to prevent or relieve traffic congestion or to protect life or property from exceptional hazard. Whenever an official traffic signal is installed at any intersection, street name signs clearly visible to traffic approaching from all directions shall also be erected. (3) To mark center lines and lane lines upon the surface of the roadway to indicate the course to be traveled by vehicles and may place signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the center line of the highway. -5- (4) To place and maintain distinctive roadway markings as described in the Vehicle Code on those streets or parts of streets where the volume of traffic or the vertical or other curvature of the roadway renders it hazardous to drive on the left side of such marking or signs and markings. Such markings or signs and markings shall have the same effect as similar markings placed the State Department of Public Works pursuant to provisions of the Vehicle Code. (5) To remove, relocate or discontinue the operation of any traffic control device not specifically required by the Vehicle Code or this ordinance whenever it is determined that the conditions which warranted or required the installation no longer exist. (6) To determine the hours and days during which any traffic control device shall be in operation or be in effect, except in those cases where such hours or days are specified in this chapter. (7) To determine those intersections at which drivers of vehicles shall not make a right, left, or U turn, and shall place proper signs at such intersections. The making of such turns may be prohibited between certain hours of any day and permitted at other hours, in which event the same shall be plainly indicated on the signs or they may be removed when such turns are permitted. (8) To place and maintain signs giving notice of one-way streets or alleys and parking along such streets or alleys as may designated by the Town. The status as a one-way street shall not be effective unless such signs are in place. Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited. (9) To place and maintain stop signs on each and every street intersecting a through street or portion thereof (as designated by the Town Council) and at those entrances to other intersections where a stop is required. Stop signs shall not be erected or maintained at any entrance to an intersection when such entrance is controlled by an official traffic control signal. Every stop sign shall conform with, and shall be placed as provided in, the Vehicle Code. (10) To establish, designate and maintain crosswalks at intersections and other places by appropriate devices, marks or lines upon the surface of the roadway with appropriate signs directing pedestrians to cross in crosswalks. Crosswalks shall be established and maintained at all intersections within the central tratlic district and at other places within or outside said district where it is determined that a particular hazard to pedestrians crossing the roadway exists. -6- . (11) To maintain, by appropriate signs or by paint upon the curb surface, all no stopping zones, no parking areas, and restricted parking areas, as defined and described in this chapter. Section 23-5 TRAFFIC SAFETY COMMITTEE There is hereby established an advisory traffic safety committee consisting of the Town Traffic Engineer, the Chief of Police as Chairman, Public Works Superintendent and Planning Director. It shall be the duty of the traffic safety committee to suggest the most practicable means for coordinating the activities of all officers and agencies of this Town having authority with respect to the administration or enforcement of traffic regulations; to stimulate and assist in the preparation and publication of traffic reports; to receive complaints having to do with traffic matters; and to recommend ways and means for improving traffic conditions and the administra- tion and enforcement of traffic regulations. Section 23-6 TRAFFIC REGULATIONS APPLY TO PERSON RIDING BICYCLE OR ANIMALS Every person riding a bicycle or riding or driving an animal upon a highway has all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this chapter, except those provisions which by their very nature can have no application. Section 23-7 PUBLIC EMPLOYEES TO OBEY TRAFFIC REGULATIONS The provisions of this chapter shall apply to the operation of any vehicle owned by or used in the service of the United States Government, this state, any county or city, and it shall be unlawful for any said operator to violate any of the provisions of this chapter except as otherwise permitted herein or by the Vehicle Code. Section 23-8 EXEMPTION OF CERTAIN VEHICLES (a) The provisions of this chapter regulating the operation, parking and standing of vehicles shall not apply to vehicles operated by the Police or Fire Department, any public ambulance or any public utility vehicle or any private ambulance, which public utility vehicle private ambulance has qualified as an authorized emergency vehicle, when any vehicle mentioned in this section is operated in the manner specified by the Vehicle Code in response to an emergency call. (b) The provisions of this chapter regulating the parking or standing of vehicles shall not apply to any vehicle of the Town department or public utility while necessarily in use for construction or repair work or any vehicle owned or operated by the United States Post Office Department while in use for the collection, transportation or delivery of United States mail. -7- . (c) The foregoing exemptions shall not, however, relieve the operator of any such vehicle from obligation to exercise due care for the safety of others or the consequences of his willful disregard of the safety of others. Section 23-9 TRAFFIC CONTROL SIGNS REQUIRED FOR ENFORCEMENT PURPOSE No provision of the Vehicle Code or of this chapter for which signs are required shall be enforced against an alleged violator unless appropriate legible signs are in place giving notice of such provisions of the traffic laws. Section 23-10 UNAUTHORIZED PAINTING OF CURBS No person, unless authorized by this Town, shall paint any street or curb surface; provided, however, that this section shall not apply to the painting of numbers on a curb surface by any person who has complied with the provisions of any resolution or ordinance of this Town pertaining thereto. Section 23-11 VIOLATION Violation of any of the provisions of this Chapter shall be an infraction, punishable by a fine as provided in Government Code Section 36900. ARTICLE II TRAFFIC AND DRIVING REGULATIONS Section 23-12 OBEDIENCE TO POLICE OR AUTHORIZED OFFICERS No person shall fail or refuse to comply with or to perform any act forbidden by any lawful order, signal, or direction of a police officer, or a member of the Fire Department, or a person authorized by the Chief of Police or by law. Section 23-13 OBSTRUCTION OR INTERFERENCE WITH POLICE OR AUTHORIZED OFFICERS No person shall interfere with or obstruct in any way any police officer or other officer or employee of this Town in their enforcement of the provisions of this chapter. The removal, obliteration or concealment of any chalk mark or other distinguishing mark used in connection with the enforcement of the parking regulations of this chapter shall, if done for the purpose of evading the provisions of this chapter, constitute such interference or obstruction. -8- Section 23-14 WHEN VEHICLES MAYBE REMOVED FROM STREETS The Police Department of this Town may remove or cause to be removed: (a) Any vehicle that has been parked or left standing upon a street or highway for 72 or more consecutive hours in violation of Section 23-32 of this chapter. (b) Any vehicle which is parked or left standing upon a street or highway between the hours of 7:00 a.m. and 7:00 p.m. when such parking or standing is prohibited by ordinance or resolution of this Town and signs are posted giving notice of such removal. (c) Any vehicle which is parked or left standing upon a street or highway where the use of such street or highway or a portion thereof is necessary for the cleaning, repair or construction of the street or highway or for the installation of underground utilities or where the use of the street or highway or any portion thereof is authorized for a purpose other than the normal flow of traffic or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size, and the parking of such vehicles would prohibit or interfere with such use or movement; provided that signs giving notice that such vehicle may be removed are erected or placed at least twenty four (24) hours prior to the removal. (d) Any vehicle deemed abandoned or inoperative pursuant to the provisions of this chapter or the Vehicle Code. Section 23-15 OBEDIENCE TO TRAFFIC CONTROL DEVICES The operator of any vehicle shall obey the instructions of any official traffic control device placed in accordance with this chapter unless otherwise directed by a police officer or other authorized emergency vehicle when responding to emergency calls. Section 23-16 SIGNAL CONTROLLED INTERSECTIONS (RIGHT TURNS) (a) No driver of a vehicle shall make a right turn against a red or stop signal at any intersection which is sign posted giving notice of such restrictions as hereinafter provided in this section. (b) The Town Traffic Engineer shall post appropriate signs giving effect to this section where he determines that the making of right turns against traffic signal "stop" indication would seriously interfere with the safe and orderly flow of traffic. -9- . Section 23-17 STOP AT THROUGH STREET OR STOP SIGN The driver of a vehicle shall cause the vehicle to come to a complete stop at any stop sign erected pursuant to resolution of the Town Councilor at the entrance to any intersection of railway or grade crossing so designated by the Town Council. Section 23-18 EMERGING FROM ALLEY, DRIVEWAY, OR BUILDING The driver of a vehicle emerging from an alley, driveway, or building shall stop such vehicle immediately prior to driving onto a sidewalk or into the sidewalk area extending across any alley way or driveway. Section 23-19 COMMERCIAL VEHICLES USING PRIVATE DRIVEWAYS No person shall operate or drive a commercial vehicle (as defined in Section 260 of the Vehicle Code) in, on or across any private driveway approach or sidewalk area or the driveway itself without the consent of the owner or occupant of the property, if a sign or markings are in place indicating that the use of such driveway is prohibited. Section 23-20 RIDING OR DRIVING ON SIDEWALK No person shall ride, drive, propel, or cause to be propelled, any vehicle across or upon any sidewalk except over permanently constructed driveways or when it is necessary for any temporary purpose to drive a loaded vehicle across a sidewalk. Section 23-21 NEW PAVEMENT AND MARKINGS No person shall ride or drive any vehicle over or across any newly made pavement or freshly painted markings an any street when a barrier sign, cone marker or other warning device is in place warning persons not to drive over or across such pavement or marking, or when any such device is in place indicating that the street or any portion thereof is closed. Section 23-22 OBEDIENCE TO TRAFFIC BARRIERS AND SIGNS (a) No person, public utility or department in the Town shall erect or place any barrier or sign on any street unless of a type approved by the Town Traffic Engineer. (b) No person shall disobey the instructions, remove, tamper with, or destroy any barrier or sign lawfully placed on any street by any department of this Town, by any public utility or other person authorized by the Town. -10- Section 23-23 VEHICLES AND HORSES PROHIBITED ON BICYCLE / PEDESTRIAN PATHS (a) No person shall operate or drive any motorized vehicle upon any portion of any bicycle or pedestrian paths owned by the Town of Tiburon. This prohibition shall not apply to the Town of Tiburon's official vehicles, or to emergency vehicles, operated by public employees. (b) No person shall permit or allow any horse to enter any paved portion, exclusive of identified crossing points, of any bicycle or pedestrian path owned by the Town of Tiburon. Section 23-24 USE OF SKATEBOARDS, COASTERS, AND SIMILAR DEVICES REGULATED It shall be unlawful for any person upon a skateboard, roller skates, or riding in, upon, or by means of, any coaster, toy vehicle, or similar device to go upon any roadway in the Town of Tiburon between the hours of sunset and sunrise and on those roadways designated by the Town Traffic Engineer as being a continual hazard for such activity during daylight hours and so posted after due public notice. The prohibited streets are: Reed Ranch Blackfield Drive Hacienda Stewart Drive A venida Miraflores Lyford Drive Centro West Paradise Drive Beach Road Juanita Lane Mar East Ridge Road Lagoon View Via Capistrano Trestle Glen Boulevard Porto Marino Geldert Drive Roundhill Road Mar West Street Solano Main Street Tiburon Boulevard Centro East Diviso Mountain View Straits View Section 23-25 USE OF VEHICLES ON MULTI-USE PATH (a) Permitted Vehicles and Devices, The following uses shall be permitted only on the asphalt concrete portion of that certain multi-use path owned by the Town of Tiburon, and formerly the Northwestern Pacific Railroad Company right-of-way, more particularly described in those certain deeds conveying the said property to the Town of Tiburon, recorded in Book 2426, Page 99, and Book 2429, Page 428, of the Official Records of Marin County: -II- 1. Roller skates or roller blades; 2. Skateboards; 3. Pedal-powered, non-motorized bicycles or tricycles with a width of not more than 36" and used for recreational purposes; 4. Baby carriages and strollers; 5. Conveyances for disabled persons. 6. Emergency Vehicles 7 . Department of Public W orks Vehicles (b) Vehicles Req,uired to Yield Rillht-of-Way to Pedestrians. Under all circumstances the rider or operator of wheeled vehicles or devices which are permitted uses on the multi-use path under paragraph (a) above, shall yield the right-of-way to pedestrians; due and proper care for the health and safety of pedestrians shall at all times be exercised by the rider or operator of such vehicles or devices. (c) Group Ridinll. No more than two persons shall ride or operate wheeled vehicles or devices side-by-side on the multi-use path. (d) Racinll: Unsafe Ridinll. It shall be unlawful for any person riding or operating any wheeled vehicle or device to race any other such vehicle or device or person upon the multi-use path. It shall also be unlawful for any person riding or operating any wheeled vehicle or device to engage in any unsafe riding or operating which endangers the health or safety of any person, including the operator or such vehicle. (e) Danl!erous Speed. It shall be unlawful for any person to ride or operate any wheeled vehicle or device on the multi-use path at an unsafe speed, or to endanger the health, safety or property of any other person while riding or operating any wheeled vehicle or device on the multi-use path, or to ride or operate such vehicle or device on the multi-use path in a reckless, wanton, or careless manner so as to endanger the health or safety of any person, including such rider or operator. (I) Applicability of Traffic Regulations. Every person who rides or operates any wheeled vehicle or device permitted on the multi-use path shall have all the rights and shall be subject to all of the duties applicable to the driver of a vehicle under this chapter except those provisions which by their very nature can have no application to such persons. Section 23-26 WHEN PEDESTRIANS MUST USE CROSSWALK No pedestrian shall cross a roadway other than by a crosswalk in the central traffic district or at any other intersection where a crosswalk exists. Section 23-27 OPERATION OF MOTORCYCLES ON UNIMPROVED ROADS (a) For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them in this section: -12- . 1. Motorcycle. Any motor vehicle other than a tractor having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground and weighing less than one thousand five hundred pounds. Such term includes every motor scooter, with a motor which produces less than fifteen gross brake horsepower, and every bicycle with a motor attached. For the purposes of this definition, a "motor vehicle" is a vehicle which is self-propelled. 2. Unimproved Road. Any road, right of way, path, trail, clearing, graded area or land which is not surfaced with cement, concrete, asphaltic concrete, made dam or other similar material, or which does not have a hard surface made up of mixture of rock, sand or gravel bound together with an artificial binder other than natural soil. (b) It shall be unlawful for any person to operate any motorcycle, other than a publicly owned motorcycle, on. over or across any unimproved road without having first obtained a permit. Permits shall be issued by the town manager upon a determination that the owner of such real property concerned, or the person in lawful possession thereof, has consented, in writing, to the proposed motorcycle operation and the appropriate fire officials concerned have certified that such proposed operation will not create any undue fire hazard by reason of the nature of the vehicle or the proposed operation thereof. Each permit so issued shall specify the effective dates for which the permit is valid and shall further specify the areas of permitted operation. The permit is not and shall so state on its face, an expression by the town that such proposed operation can be done with safety to the operator or other persons or property, all of which risks are assumed by the applicant or other responsible persons. This section shall not apply to the owner or person in lawful possession of the unimproved road. (c) Any person whose application for a permit is denied may appeal such decision to the Town Council by filing a written notice of appeal within ten days after notification by the Town manager that such per it has been denied. The Town Council shall thereupon conduct a hearing on such appeal within thirty days from the date of filing such notice of appeal with the Town Clerk. The decision of the Town Council shall be final and conclusive upon all persons concerned. ARTICLE III SPEED LIMITS Section 23-28 LOCAL SPEED LIMITS ESTABLISHED Pursuant to the authority of the Vehicle Code. the following local speed limits, representing either an increase or decrease from the prima facie speed limit, are established. These local limits are based upon engineering and traffic studies and are appropriate to facilitate the orderly movement of traffic in a reasonable and safe manner. The speed limits established by this Section shall be posted with appropriate signs to give adequate notice of the limit. -13- . (a) Trestle Glen Road, from its intersection with Tiburon Boulevard to its terminus: 35 miles per hour. (b) Hilary Drive between Theresa Court and No. 650 Hilary Drive: 15 miles per hour. This portion of Hilary Drive has a grade in excess of ten per cent (10%). (c) East View Avenue and Tamalpais Avenue, including all portions of those street lying within the corporate limits of the Town: fifteen miles per hour. These streets have a width of less than twenty-five feet. (d) Paradise Drive between Mar West and Mar East: fifteen miles per hour. This portion of Paradise Drive is narrow with inadequate shoulders and is characterized by tight curves. ARTICLE IV REGULATIONS FOR THE STOPPING, STANDING AND PARKING OF VEHICLES Section 23-29 APPLICATION OF REGULATIONS (a) The provisions of this chapter regulating the stopping, standing or parking of a vehicle shall apply at all times or at those times herein specified, except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device. (b) The provisions of this chapter imposing a time limit on standing or parking shall not relieve any person from the duty to observe other and more restrictive provisions of the Vehicle Code or other ordinance of this Town prohibiting or limiting the standing or parking of vehicles in specified places or at specified times. Section 23-30 STOPPING OR STANDING IN PARKWAYS PROHIBITED No person shall stop, stand or park a vehicle within any parkway. Section 23-31 NO PARKING AREAS No driver of any vehicle shall stop, stand, park, or leave standing such vehicle in any of the following places, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or other authorized officer, or traffic sign or signal: (a) Within any divisional island unless authorized and clearly indicated with appropriate signs or markings. -14- . (b) On either side of any street between the projected property lines of any public walk, public steps, street, or thoroughfare terminating at such street, when such area is indicated by appropriate signs or by red paint upon the curb surface. (c) In any area where the Town Traffic Engineer determines that the parking or stopping of a vehicle would constitute a traffic hazard or would endanger life or property, when such area is indicated by no parking signs upon the curb surface. (d) No parking on the west and east side of Neds Way for a distance of (50) fifty feet north from its intersection with Tiburon Boulevard. The northeasterly edge for a distance of five hundred (500) feet; and one hundred forty-five (145) feet on the northwest portion of Neds Way. (e) In any area where the parking or stopping of any vehicle would constitute a traffic hazard or would endanger life or property. (f) On any street or highway where the use of such street or a portion thereof is necessary for the cleaning, repair or construction of the street or highway or the installation of underground utilities or where the use of the street or highway or any portion thereof is authorized for a purpose other than the normal flow of traffic or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size, and the parking of such vehicle would prohibit or interfere with such use or movement; provided that signs giving notice of such no parking are erected or placed at least twenty four (24) hours prior to the effective time of such no parking. (g) At any place within twenty (20) feet of a point on the curb immediately opposite the mid-block end of a safety zone, when such place is indicated by appropriate signs or by red paint upon the curb surface. (h) At any place within (20) feet of a crosswalk at an intersection when such place is indicated by appropriate signs or by red paint upon the curb surface except that a bus may stop at a designated stop. (I) Within twenty (20) feet of the approach to any traffic signal, boulevard stop sign, or official electric flashing device. (j) No vehicle shall be parked in any area of "Blackie's Field" overnight, for storage, camping or any purpose between the hours of sunset and sunrise. (k) Notwithstanding any other provision of this ordinance, on Sundays and state holidays, and between 1l:30 a.m. and 3:00 p.m. on Monday through Saturday, no person shall at any time stop, park, or leave standing any commercial vehicle, whether attended or unattended, on Main Street, including any yellow loading zone, for the purpose of loading or unloading freight or making deliveries of any kind. -15- Section 23-32 USE OF STREETS FOR STORAGE OF VEHICLES PROHIBITED No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street or alley for more than a consecutive period of seventy-two (72) hours. For purposes of this section, a vehicle must be moved at least one (1) car length every 72 hours or it shall be considered parked for that period of time. Section 23-33 REPAIRING OR GREASING VEHICLES No person shall construct or cause to be constructed, repair, or cause to be repaired, grease or cause to be greased, dismantle or cause to be dismantled any vehicle or any part thereof upon any public street in this Town. Temporary emergency repairs may be made upon a public street. Section 23-34 WASHING OR POLISHING VEHICLES No person shall wash, polish, or cause to be washed or polished any vehicle or any part thereof upon any public street in this Town, when a charge is made for such service. Section 23-35 PARKING ADJACENT TO SCHOOLS (a) The Town Traffic Engineer is hereby authorized to erect signs indicating no parking upon that side of any street adjacent to any school property when such parking would interfere with traffic or create a hazardous situation. (b) When official signs are erected prohibiting parking upon that side of a street adjacent to any school property, no person shall park a vehicle in any such designated place. Section 23-36 PARKING ON NARROW STREETS Every person who parks a vehicle on any street shall so park the vehicle as to leave a space of at least twelve (12) feet of unimpaired roadway to the side of the vehicle exposed to traffic for an unimpaired distance of twelve (12) feet to the front and twelve (12) feet to the rear of such space. Provided, however, that where a painted centerline exists on any street, no vehicle shall be parked within nine (9) feet of such centerline. Section 23-37 PARKING ON GRADES No person shall park or leave standing any vehicle unattended on a highway when upon any grade exceeding 3 % without blocking the wheels of said vehicle by turning them against the curb or by other means. -16- . Section 23-38 UNLAWFUL PARKING - PEDDLERS, VENDORS (a) Except as otherwise provided in this section no person shall stand or park any vehicle, wagon or pushcart (including lunch wagons or eating cars) from which goods, wares, merchandise, or food are offered for sale, barter or exchange, on any portion of any street within this Town except that such vehicle, wagons or pushcarts may stand or park only at the request of a bona fide purchaser for a period of time not to exceed ten (10) minutes at anyone place. The driver of any vehicle making this type of stop shall bring the vehicle to a complete stop and park adjacent to the curb as required by Vehicle Code Section 22455. The provision of this subsection shall not apply to persons delivering such articles upon order of, or by agreement with a customer from a store or other fixed place of business or distribution. (b) No person shall park or stand any vehicle used or intended to be used in the transportation of property for hire on any street while awaiting patronage for such vehicle without first obtaining a written permit to do so from the Town Traffic Engineer which shall designate the specific location where such vehicle may stand. Such permits may be revoked for cause, including parking in unauthorized locations, by the Town Traffic Engineer. Section 23-39 EMERGENCY PARKING SIGNS (a) Whenever the Town Traffic Engineer, Chief of Police or their designees shall determine that an emergency traffic congestion is likely to result from the holding of public or private assemblages, gatherings. or functions, or for other reasons, the Town Traffic Engineer shall order temporary signs to be erected or posted indicating that the operation, parking or standing of vehicles is prohibited on designated streets and alleys during the time such temporary signs are in place. Such signs shall remain in place only during the existence of such emergency and shall be removed promptly thereafter. (b) When signs authorized by the provisions of this section are in place giving notice thereof, no person shall operate, park or stand any vehicle contrary to the directions and provisions of such signs. Section 23-40 PARKING PARALLEL ON ONE-WAY STREETS (a) Subject to other and more restrictive limitations, a vehicle may be stopped or parked within 18 inches of the left-hand curb facing in the direction of traffic movement upon anyone-way street unless signs are in place prohibiting such stopping or standing. (b) In the event a highway includes two or more separate roadways and traffic is restricted to one direction upon such roadway, no person shall stand or park a vehicle upon the left-hand side of such one-way roadway unless signs are in place permitting such standing or parking. -17- . (c) The requirement of parallel parking imposed by this section shall not apply in the event any commercial vehicle is actually engaged in the process of loading or unloading freight or goods, in which case such vehicle may be backed up to the curb, provided that such vehicle does not extend beyond the center line of the street and does not block traffic thereby. Section 23-41 DIAGONAL PARKING (a) Whenever the Town Council designates a street or portion of a street as diagonal parking zones and signs or pavement markings are in place indicating such diagonal parking, it shall be unlawful for the operator of any vehicle to park said vehicle, except: (1) At the angle to the curb indicated by signs or pavement markings allotting space to parked vehicles and entirely within the limits of said allotted space; and (2) With the front wheel nearest the curb within six (6) inches of said curb. (b) The provisions of this section shall not apply when such vehicle is actually engaged in the process of loading or unloading passengers, freight, or goods, in which event the provisions applicable in Section 23-36 of this chapter shall be complied with. Section 23-42 PARKING COMMERCIAL VEHICLES IN RESIDENTIAL DISTRICTS No person shall park any commercial vehicle more than five hours in any residential district except: (a) While loading or unloading property and more than five hours is necessary to complete such work, or: (b) When such vehicle is parked in connection with, and in aid of, the performance of a service to or on a property in the block in which such vehicle is parked and more than five hours is necessary to complete such service. Section 23-43 AUTHORITY TO ESTABLISH LOADING ZONES (a) The Town Traffic Engineer is hereby authorized to determine and to mark loading zones and passenger loading zones as follows: (I) At any place in the central traffic district or any business district. (2) Elsewhere in front of the entrance to any place of business or in front of any hall or place used for the purpose of public assembly. -18- (b) In no event shall more than one-half of the total curb length in any block be reserved for loading zone purposes. (c) Loading zones shall be indicated by yellow paint upon the top of all curbs within such zones and passenger loading zones shall be indicated by white paint upon the top of all curbs in said zones. Section 23-44 CURB MARKINGS TO INDICATE NO STOPPING AND PARKING REGULATIONS (a) The Town Traffic Engineer is hereby authorized, subject to the provisions of this chapter and the Vehicle Code, to place the following curb markings to indicate parking or standing regulations. These curb markings shall have the meaning as described below, (1) GREEN shall mean no standing or parking for a period of time longer than 20 minutes, 40 minutes, one hour or two hours, at anytime between 9:00 a.m. and 6:00 p.m. on any day. The specific time applicable to any green space shall be that determined by the Town Engineer to be necessary and shall be marked by appropriate signs, parking meters or curb markings. (2) RED shall mean no stopping, standing or parking at any time except as permitted by the Vehicle Code, and except that a bus may stop in a red zone marked or signed as a bus zone. (3) YELLOW shall mean no stopping, standing or parking at any time between 7:00 a.m. and 6:00 p.m. on any day for any purpose other than the loading or unloading of passengers or freight for not more than three (3) minutes or the loading or unloading of materials for not more than twenty (20) minutes. (4) WHITFihall mean no stopping, standing or parking at any time between 7:00 a.fu, and 6:00 p.m. on any day except Sunday and holidays for any purpose other than loading or unloading of passengers, or for the purpose of depositing mail in an adjacent mail box for not more than three (3) minutes except as follows: (I) When such zone is in front of a hotel or in front of a mailbox the restrictions shall apply at all times. (ii) When such zone is in front of a theater the restrictions shall apply at all times except when such theater is closed. (b) Permission herein granted to top or stand a vehicle for purpose of loading or unloading of materials shall apply only to commercial vehicles while making deliveries or the delivery or pick-up of express and parcel post packages and United States mail and shall not extend beyond the time necessary therefor, but in no event for more than twenty (20) minutes. -19- (c) Permission herein granted to stop or park for the purpose of loading or unloading passengers shall include the loading or unloading of personal baggage but shall not extend beyond the time necessary therefor and in no event for more than three (3) minutes. (d) Within the total time limits above specified the provisions of this section shall be enforced so as to accommodate necessary and reasonable loading or unloading but without permitting abuse of the privileges hereby granted. (e) When the Town Traffic Engineer as authorized under this chapter has caused curb markings to be placed regulating the permitted time or purpose of stopping, standing or parking, no person shall stop, stand or park a vehicle adjacent to any such legible curb marking in violation of any of the provisions of this section. Section 23-45 STANDING IN ANY ALLEY No person shall stop. stand or park a vehicle for any purpose other than the loading or unloading of persons or materials in any alley. Section 23-46 BUS ZONES TO BE ESTABLISHED The Town Traffic Engineer is hereby authorized to establish bus zones opposite curb space for the loading and unloading of buses or common carriers of passengers and to determine the location thereof. Section 23-47 TAXICAB STANDS No person shall stop, stand or park a vehicle other than a taxicab, for any purpose in a designated taxicab stand. ARTICLE V ABATEMENT AND REMOVAL OF ABANDONED OF INOPERATIVE VEHICLES Section 23-48 DECLARED NUISANCE In addition to and in accordance with the determination made and the authority granted by the State of California under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the Town Council hereby makes the following findings and declarations: -20- . The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof on private or public property including highways is thereby found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create harboring for rodents and insects and to be injurious to the health, safety and general welfare. Therefore the presence of an abandoned, wrecked, dismantled or inoperative vehicle or part thereof, on private or public property including highways, except as expressly hereinafter permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this article. Section 23-49 DEFINITIONS For purposes of this article, the following words and phrases shall have the meanings set forth below: (a) "Highways" means a way or place of whatever nature publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street. (b) "Inoperative Vehicle" shall mean a vehicle that cannot be moved under it own power or vehicle not currently registered with the Department of Motor Vehicles excluding those vehicles that have been filed as non-operational status. (c) "Public property" includes "highway." (d) "Vehicle" means a device by which any person or property may be propelled, moved, or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks. Section 23-50 ABANDONMENT: PRESUMPTION (a) The abandonment of any vehicle in a manner as provided in Vehicle Code Section 22523 shall constitute a prima facie presumption that the last registered owner of record is responsible for abandonment and is thereby liable for the cost of removal and disposition of the vehicle. (b) An owner who has made a bona fide sale or transfer of a vehicle and has delivered possession of the vehicle to a purchaser may overcome the presumption prescribed in subdivision (a) by demonstrating that he or she has complied with Vehicle Code Section 5900 or providing other proof satisfactory to the court. -21- . Section 23-51 EXCEPTIONS TO ARTICLE This article shall not apply to: (a) A vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or (b) A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise. Nothing in this article shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Chapter 10 (commencing with section 22650) of Division II of the Vehicle Code and this article. Section 23-52 ARTICLE SUPPLEMENTAL TO OTHER LAWS This article is not the exclusive means of regulating abandoned, wrecked, dismantled or inoperative vehicles within the Town. It shall supplement and be in addition to the other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the Town, the State, or any other legal entity or agency having jurisdiction, including but not limited to Vehicle Code Sections 22662, 22664, 22670, 22670, 22850.3, 22851, 22851.3, 22855 as they currently read or as may be amended in the future. Section 23-53 ENFORCEMENT Except as otherwise provided herein, the provisions of this article shall be administered and enforced by the Chief of Police. In the enforcement of this article the Chief and his designees may enter upon private or public property to examine a vehicle or parts thereof, or obtain information as to the identity of a vehicle and to remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this article, Section 23-54 RIGHT OF ENTRY OF FRANCHISED PERSON When the Town Council has contracted with or granted a franchise to any person or persons, for the removal or towing of vehicles, such person or persons shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this article. -22- . Section 23-55 ADMINISTRATIVE COSTS The Town Council shall from time to time determine and fix an amount to be assessed as administrative costs, excluding the actual cost of removal of any vehicle or part thereof under this article. Costs of abatement of an abandoned vehicle upon a parcel of land may be collected by special assessment against that parcel. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such special assessment, including but not limited to Government Code Section 38773.5) upon entry of a second or subsequent civil or criminal judgement within a two-year period finding that an owner of property lp responsible for a condition that may be abated in accordance with this ordinance Section 23-56 HEARING ON ABATEMENT. NOTICE OF HEARING (a) A public hearing shall be held on the question of abatement and removal of the vehicle or part thereof as an abandoned, wrecked, dismantled or inoperative vehicle and the assessment of the administrative costs and the cost of removal of the vehicle or part thereof against the property on which it is located. Notice of hearing shall be mailed at least ten days before the hearing by certified mail, with a five-day return requested, to the owner of the land as shown on the last equalized record and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership. If any of the foregoing notices are returned undelivered by the United States Post Office, the hearing shall be continued to a date not less than ten days from the date of such return. The notice shall inform the property owner of his rights for a hearing including the fact that the owner may appear in person or submit a sworn written statement denying responsibility for presence of the vehicle on his property. (b) Notice of hearing shall be given to the California Highway Patrol and the Department of Justice, identifying the vehicle or part thereof proposed for removal within five days after the date of removal. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence or registration available, including registration certificates, certificates of title and license plates according to the provisions of Vehicle Code Section 22852. The Department of Justice shall be notified upon the removal of the vehicle according to the provisions of Vehicle Code Section 22853. Section 23-57 CONDUCT OF HEARING All hearings under this article shall be held before the Chief of Police or his designee, who shall hear all facts and testimony deemed pertinent. Said facts and testimony may include testimony on the condition of the vehicle or part thereof and the circumstances concerning its location on the private property or public property. The Chief shall not be limited by the technical rules of evidence. The owner of the land on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with the reasons for such denial. -23- . . The Chief of Police may impose such conditions and take such other action as deemed appropriate under the circumstances to carry out the purpose of this article. He may delay the time for removal of the vehicle or part thereof if the circumstances justify it. At the conclusion of the public bearing, the Chief of Police may find that a vehicle or part thereof has been abandoned, wrecked, dismantled, or is inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as hereinafter provided and determine the administrative costs and the cost of removal to be charged against the owner of the parcel of land on which the vehicle or part thereof is located. The order requiring removal shall include a description of the vehicle or part thereof and the correct identification number and license number of the vehicle, if available at the site. If it is determined at the hearing that the vehicle was placed on the land without the consent of the land owner and that he has not subsequently acquiesced in its presence, the Chief shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such land owner. If an interested party makes a written presentation to the Chief but does not appear, that person shall be notified in writing of the decision. The decision of the Chief of Police shall be final and conclusive. Section 23-58 REMOVAL OF VEHICLE Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, or five days from the date of mailing of notice of the decision if such notice is required, whichever is later, the vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operational unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Vehicle Code Section 5004, in which case the vehicle may be reconstructed or made operable. Section 23-59 NOTICE OF REMOVAL TO BE SENT TO DEPARTMEN",J.F MOTOR VEHICLES I Within five days after the date of removal of the vehicle or part thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or part thereof removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title and license plates. Section 23-60 NOTICE OF COSTS SENT TO OWNER The Chief of Police shall mail to the owner of the land, by certified mail, at the address shown on the last equalized assessment roll, a copy of the written report showing the cost of removal and administrative costs. -24- . . Section 23-61 COSTS TO BE COLLECTED AS TAXES If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 23-11 are not paid within 30 days of the date of the order, such costs shall be assessed against the parcel pursuant to Government Code Section 38773.5 and shall be transmitted to the tax collector for collection. Said assessment shall have the same priority as other Town taxes. Section 23-62 ABANDONING VEHICLE PROHIBITED (a) No person shall abandon a vehicle upon any highway. (b) No person shall abandon a vehicle upon public or private property without the express or implied consent of the owner or person in lawful possession or control of the property. (c) Any person convicted of a violation of this section shall be punished by a fine of not less than one hundred dollars ($100) and shall provide proof that the costs of removal and disposition of the vehicle have been paid. No part of any fine imposed shall be suspended. The fine may be paid in installments if the court determines that the defendant is unable to pay the entire amount in one payment. (d) Proof that the cost of removal and disposition of the vehicle have been paid shall not be required if proof is provided to the court that the vehicle was stolen prior to abandonment. That proof may consist of a police report or other evidence acceptable to the court. (e) The costs required to be paid for the removal and disposition of any vehicle determined to be abandoned pursuant to Vehicle Code Section 22669 shall not exceed those for towing and seven days of storage. This subdivision does not apply if the registered owner or legal owner has completed and returned to the lien holder a "Declaration of Opposition" form within the time specified in Vehicle Code Section 22851.8. Section 23-63 FAILURE OR REFUSAL TO REMOVE VIOLATING VEHICLE It shall be unlawful and a infraction for any person to fail or refuse to remove an abandoned, wrecked. dismantled or inoperative vehicle or part thereof or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this article or State law where such State law is applicable. -25- . SECTION 3 SEVERABILITY < If any section, subsection, sentence, clause 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 section, subsection, sentence, clause or phrase shall be deemed severable and 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 such section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or more other sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. SECTION 4 EFFECTIVE DATE This Ordinance shall take effect and be in force thirty (30) days after the date of passage. Pursuant to the provisions of Government Code Section 36933, a summary of this 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 the ordinance. Within fifteen (15) days after adoption of the ordinance, the Town Clerk shall (1) publish the summary, and (2) post in the office of the Town Clerk a certified copy of the full text of the ordinance along with the names of the Town Council members voting for and against the ordinance. This ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on , 1995, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on , 1995, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ANDREW THOMPSON, MAYOR DIANE L. CRANE, TOWN CLERK -26- TOWN COUNCIL ST AFF REPORT FROM: TOWN COUNCIL SCOTT ANDERSON, <~ PLANNING DIRECTO~ MEETING DATE: I'-III/f!, . -. , - TO: ITEM NO. : I 0 SUBJECT: AMENDMENTS TO TIBURON TREE ORDINANCE (CHAPTER 15A OF TIBURON MUNICIPAL CODE)--ORDINANCE, FIRST READING BACKGROUND At its meeting of June 7, 1995, the Town Council forwarded the matter of the Tiburon Tree Ordinance to the Planning Commission for its review and recommendations. Minutes of the Town Council meeting are attached as Exhibit 1. On October 25, 1995, the Planning commission held a public hearing to gather input on possible amendments to the Tree Ordinance. Minutes of the Planning commission meeting of October 25, 1995, are attached as Exhibit 2. All homeowner associations, and all persons who provided input, either written or oral, at the June 7, 1995, Town Council meeting, were sent advance notice of the hearing. On November 8, 1995, the Planning Commission adopted Resolution No. 95-20 (Exhibit 3) recommending that the Town Council adopt minor amendments to the Tree Ordinance. The highlighted text of the proposed amendments is contained within Exhibit A of Resolution No. 95-20. ANALYSIS The recommended amendments are summarized as follows: 1. Add the importance of trees as creators of shade to the introductory portion of the ordinance. 2. Add a provision to the application requirements section of the ordinance which allows the Planning Director to require a tree inventory. 3. Specifically include affected homeowners associations on the list of persons to receive notice that a tree permit application has been filed. 4. Add a provision that allows the Planning Director to refer a tree permit application to the Design Review Board for TlBURON TOWN COUNCIL STAFF REPORT f2<V>' 1 action. This provision is primarily intended for controversial applications. The full text of the Tree Ordinance, incorporating the Planning Commission's recommended amendments, is attached as Exhibit 4. Planning Department Staff concurs with the recommendations of the Planning commission. ENVIRONMENTAL STATUS The project is categorically exempt from the requirements of CEQA per section 15308 of the CEQA Guidelines. RECOMMENDATION That the Town Council, following public hearing, hold first reading of the ordinance amending the Tiburon Tree Ordinance. EXHIBITS 1. Minutes of Town Council meeting of June 7, 1995. 2. Minutes of Planning Commission meeting of October 25, 1995. 3. Planning commission Resolution No. 95-20. 4. Full text of Tree Ordinance, incorporating the Planning Commission-recommended amendments. \scott\treeorctt.rpt TIBURON TOWN COUNCIL STAFF REPORT 12JM>. 2 Councilmember Thayer said it would be useful if Red & White could confirm the use statistics stated by Mr. Yoeman. Carolyn Horgan said she did not have them with her but thought that commuter traffic was up about 10% over last year. Thayer said he thought the new dock would help the downtown businesses. He said it was important to encourage waterborne traffic, but felt it was important to ensure that resident-serving uses were promoted and not to encourage growth just for tourist use. Councilmember Thayer suggested that the Town pursue Alternative Dock "A" and talk with Irmer and the Homeowners in order to reach some sort of resolution. Council member Wolf thought every effort should be made to find a smaller barge. Councilmember Ginalski asked why the Council was discussing the issue in the first place if the current dock was not in violation of ADA, and questioned whether building a dock in that lot was consistent with the deed to keep it as Open Space and public use. He warned that 17 acres of tideland and shore could revert back to the grantee if the terms of the agreement were violated. Mayor Thompson said that even though the current dock was not forced to comply with ADA, the Town should not stick its head in the sand by not dealing with the issue at the current time. He stated that the tourist trade was important but should be balanced with the needs of residents, and that the General Plan encouraged residential uses downtown. He asked Town Attorney Ewing to set up a meeting with Irmer, Point Tiburon, and Red & White and to bring the item back to Council as soon as possible. G. NEW BUSINESS ., 13. Tree Ordinance (Review and Discussion). Councilmember Thayer said he had asked for the item to be agendized because of concerns that had been expressed to him about the trees removed at Del Mar School, by Pine Terrace, and in a recent letter regarding the cutting of the eucalyptus trees on the knoll. He said he was pleased with the ordinance and that the Town had come a long way in refining it. Councilmember Nygren felt that something was still missing in the application of the ordinance in specific instances and wanted more safeguards built in before pcrmits were granted by staff to cut groups of trees. Town Manager Kleinert concurred that there were weaknesses in the current system, and that even though neighbors within 300 feet were to be notificd of cutting, others would know nothing about it. Mayor Thompson opcned the public hearing. TOWN COUNCIL :.IlNUTES #1055 6/7/95 6 EXHIDIT NO.-L . --- Howard Robin, 15 Cecilia Court, President of Tiburon Highlands Homeowners Association, said that they had voted unanimously to remove the eucalyptus trees within at their expense, had engaged a tree service and had started work when the Town stopped the work and said they needed a permit. Further action would depend on what happened at the meeting, but he warned that the Town would be liable if the it prevented the cutting and there was a fire. Peter Brooks, 54 Clair, asked whether an arborist had been asked to make a report and said that calling eucalyptus a dangerous tree was too broad a statement. He also stated that other Marin cities (Corte Madera, Sausalito, Fairfax, Larkspur and San Rafael) all required a certified arborist's report as part of their tree program. Mr. Brooks said that Tiburon's policies protected views over trees. Hank Alexander, 16 Cecilia Court, said that TreeMasters did give an arborist's report for their project. George Landau, 82 Sugarloaf Drive, suggested that the rules that apply to citizens (regarding cutting or removal of trees) should also apply to the Town, but he felt that views were of primary importance to the people living here. Jim Doyle, 115 Avenida Miraflores, said that trees were felled, trimmed, topped without public notice and comment and felt that there was lackadaisical enforcement of the ordinance by the Planning Department. He thought the Town's ordinance should be conformed to State law which requires city and county governments to prohibit the unnecessary topping of trees. He further proposed that local school and utility districts should be subject to the same local planning and zoning ordinances. Frank Shaw, 570 Virginia Drive, and Joe Keller, also made comments. Hearing returned to Council. Council directed Staff to involve Planning Commission in reviewing concerns expressed and consider suggestions made to improve Town policies and procedures. Council authorized the Highlands Homcowners Association to proceed with their tree removal. F. UNFINISHED IWSI"ESS 11. Green Can Program. Cuuncil wai\'ed staff report and directcd Mill Valky Refuse service to proceed with pilot program. Rick Powell. :-'lVRS Gcncral ~lanager, said a lettcr would go out to Homeowners ncxt weck, delivery of Green Cans would take place on July 15, and the first collection would take place thc week of July 2-l. G. NEW BUSINESS 14. Downtown :-'lain Street ADA Rel!uircl11cl1ts. Tuwn :-'lana"cr SlI''''cstcU tl1at :;J :=;;;:J TOWN COUi\C1L :-'1Ii\UTES # 1055 6/7 /95 7 . .~.. lQ) 19{~~"~ 3 . REVIEW CODE) : , OF TREE ORDINANCE- {oE!HA.PHR Uh 'O~.uURON MUNICIPAL REFERRAL FROM TOWN COUNCIL. Anderson stated that at its meeting of June 7, 1995, the Town Council held a review and discussion of the Town's Tree Ordinance. The item had been agendized at the request of Councilmember Thayer. The Council accepted public testimony from several concerned citizens. Anderson said that the Council forwarded the item to the Planning Commission to hold a public hearing and consider suggestions made to improve Town policies and procedures with respect to trees. Staff feels that no substantial revisions to the Tree Ordinance are necessary. Staff recommends that the Commission accept public testimony and provide direction to Staff. The Commission began their review of the Tree Ordinance. Siewert asked if Staff mails copies of tree notices to the Homeowners Associations and Anderson replied that Staff mails them to affected Homeowners Associations. Heckmann said that he saw a comment that suggested that the 300 foot limit on noticing was insufficient. Anderson confirmed with Heckmann that this is standard for all noticing. Anderson stated that if there is a very prominent tree, visible by a large part of Town, 300 feet is not going to be sufficient. In this case, he would recommend sending a notice to the ALk, as well as to the Homeowners Associations. Anderson said that when work is being done on trees on Town property, it would go before the Town Council, an encroachment permit would be required and broader noticing would be done. Siewert opened the public hearing. Ann Ross, 16 Reed Ranch Road, said that she is concerned about a member of her Homeowners Association who has four or five large Monterey pines trees. She said the Town recently dug up the sidewalk and has cut off a root of one of the Monterey pines. Ms. Ross did not feel that it was fair that the property owner TIBURON PLANNING COMMISSION MINUTES OF OCTOBER 25, 1995 Minutes No. 744 5 EXHIBIT NO.~ lQ)~~~~- --i should pay for tree removal-und~r tliese c1rcumstances. Anderson stated that Public Works has a program currently in progress to deal with trees in the right-of-way. He said that, legally, the responsibility is that of the homeowner, who has property fronting that right-of-way. Anderson recommended that the property owner call Public Works who will work with the property owner to resolve the matter. Joe Keller, 699 Hilary Drive, feels that the Tree Ordinance favors tree owners. He feels that views should be a higher priority. He showed a picture of how Tiburon used to look before there were a lot of trees. He said that he does not support the Tree Protection Policy adopted by The Environmental Forum of Marin, as attached to their letter dated October 13, 1995. The public hearing was closed at 8:07 p.m. and the item returned to the Commission for discussion. Heckmann stated that comments from Staff and their Staff Report seems to indicate that the Tree Ordinance has served the Town quite well since its revision in 1991. Siewert and Greenberg feel that the Planning Director should have the discretion to direct controversial tree applications directly to the DRB. Greenberg said that the current Tree Ordinance is good, but she offered several suggested changes to the Ordinance for consideration by the other Commissioners. Greenberg suggested that when a significant stand of trees is removed on private property and wildlife habitat is lost, a fee should be paid into a Town tree fund for purchase of trees to be planted on public properties. After discussion, the Commission unanimously agreed not to pursue this issue. Siewert requested that noticing of affected Homeowners Associations for all types of tree permits applications be added to the Tree Ordinance. Greenberg suggested that the Commission's recommended changes be highlighted in the Tree Ordinance and forwarded to the Town Council. TIBURON PLANNING COMMISSION MINUTES OF OCTOBER 25, 1995 Minutes No. 744 6 o i Siewert wanted it to be cleart~tbe_-p"hl i co r.h"l:J there is also Chapter 15, View and Sunlight Obstruction from Trees, which is a separate Chapter of the Municipal Code. Anderson stated that when the Tree Ordinance is requested by the public, the View and Sunlight Ordinance is given out as well. Greenberg said, in response to the concern expressed earlier by Ms. Ross, that the Town should try to assist these neighbors caught in the middle with special circumstances such as this. Siewert asked Anderson if there is any Town policy regarding trees planted in the right-of way, which may have been a requirement of the subdivision. Anderson replied that it is the homeowners responsibility whose property fronts on it, no matter who planted it. He said that the Town Council is looking at this right now and are in the process of reviewing the procedure that Public Works uses. Anderson stated that the Town Council has appointed Peter Brooks, who is in the audience this evening, as Chairman of an ad hoc committee which would identify trees that may be designated as "dedicated" by the Town. Anderson said that "dedicated trees" fall under the category of protected trees and are defined on page 15 of the Tree Ordinance. Heckmann asked Anderson if there are any dedicated trees at this time and Anderson replied that there no officially dedicated trees. He said that in the past, the Town would require a deed restriction that would go on the title to the property. Anderson said that formal dedication of trees will give them more visual designation of special significance. Peter Brooks discussed the importance of including certified arborists in the tree permit process. He also brought up the issue of a replacement tree fund into which developers who cut down trees pay into a fund for replacement of trees. Anderson said that there is a provision on page 18 of the Tree Ordinance to require a report by a certified arborist, which has to be paid for by the applicant. He said that Staff has requested such reports when it feels that it is necessary, although in most instances, it is not. Anderson stated that the Tree Ordinance does not cover trees which are part of subdivision approval and design review approval, as the trees are already TIBURON PLANNING COMMISSION MINUTES OF OCTOBER 25. 1995 Minutes No. 744 7 . a considered to be part of the approval f~r that s~ecific project. Staff was given direction to make revisions and additions to the Tree Ordinance; and to bring the revisions back for Commission adoption at the next meeting. It was moved, seconded, and unanimously carried to continue this item to the November 8, 1995, Planning Commission meeting. TIBURON PLANNING COMMISSION MINUTES OF OCTOBER 25, 1995 Minutes No. 744 8 . UNFINISHED BUSINESS ..- J 1. REVIEW OF TREE ORDINANCE (CHAPTER 15A OF TIBURON MUNICIPAL CODE). (CONTINUED FROM OCTOBER 25, 1995.) Anderson stated that at its meeting of October 25, 1995, there were three different amendments that the Commission wished to make to the Tree Ordinance. He said that he has included those in italics and underlined them on the appropriate pages. Anderson said that he included a copy of the draft resolution and a copy of the draft Tree Ordinance with the Commission's proposed amendments in the Staff Report. Staff recommends that the Commission look over the proposed amendments and adopt the resolution. Siewert and Greenberg mentioned that there was an amendment discussed at the October 25, 1995, meeting that they wanted to ensure was included in the draft Tree Ordinance. Greenberg made one further clarification to an amendment discussed at the last meeting. Siewert opened the public hearing. There being no one wishing to speak, the public hearing was closed at 7:38 p.m. M/S Heckmann/Schrier (4-0) to adopt the resolution, as amended, recommending that the Town Council adopt amendments to Chapter l5A of the Municipal Code (Trees). TIBURON PLANNING COMMISSION MINUTES OF NOVEMBER 8, 1995 Minutes No. 745 3 RESOLUTION NO. 95-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON RECOMMENDING THAT THE TOWN COUNCIL ADOPT AMENDMENTS TO CHAPTER 15A OF THE MUNICIPAL CODE (TREES) The Planning Commission of the Town of Tiburon does hereby resolve as follows: WHEREAS, the Planning Commission has held a public hearing on October 25, 1995, and has received and considered public testimony on this matter; and WHEREAS, the Planning Commission has found that the proposed Town Code revision is consistent with the goals and policies of the Tiburon General Plan and other ordinances and regulations; and WHEREAS, the Planning Commission has found that the project is categorically exempt from the requirements of CEQA per Section 15308. NOW, THEREFORE BE IT RESOLVED, that the Planning Commission does hereby recommend that the Town Council adopt amendments to Chapter 15A of the Tiburon Municipal Code (Trees) as set forth in the attached Exhibit A. PASSED AND ADOPTED at a regular meeting of the Planning Commission of the Town of Tiburon on November 8, 1995, by the following vote: AYES: COMMISSIONERS: Greenberg, Heckmann, Schrier & Siewert NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Klairmont Jt(~/r:? .Rf~~f? MARYLY~ ~IEWERT, CHAIR TIBU~9NvpLANNING COMMISSION ATTEST: () Jx~(h{j4'~0 SCOTT ANDERSON, SECRETARY Tiburon Planning Commission Resolution No. 95-20 November 8, 1995 1 EXHIBIT NO. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 EllliIBIT "A" 'IO PLANNING CDJI'MISSION RESOLUTION NO. 95-20 ORDINANCE NO. N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING CHAPTER 15A OF THE TIBURON MUNICIPAL CODE (TREES) Section 1. Findings. WHEREAS, the Planning Commission has held a public hearing on October 25, 1995, and has received public testimony on this matter and has recommended amendments to Chapter 15A as specified in Resolution No. 95-20; and WHEREAS, the Town Council has held pUblic hearings on December 6 and December 20, 1~95, and has received pUblic testimony on this matter; and WHEREAS, all notices and procedures required by law attendant to the adoption of this Ordinance have been followed; and WHEREAS, the Planning commission and Town Council have found that the proposed Town Code revision is consistent with the goals and policies of the Tiburon General Plan and other ordinances and regulations; and WHEREAS, the Town Council has found that the project is categorically exempt from the requirements of CEQA per Section 15308 of the CEQA Guidelines. section 2. Chapter 15A of the Tiburon Municioal Code Amended. Chapter 15A of the Tiburon Municipal Code is hereby amended as follows (amended text is in italics and underlined): (A) Policy No. 1 of section 15A-1 is amended to read as follows: Policy #1: The Town recognizes the scenic importance, shade-creating. and privacy-creating benefits of trees to the community. The Town also recognizes that trees can provide soil stability, noise buffering, and wind protection benefits, and can help prevent erosion and debris flow landslides on the hilly terrain which characterizes most of Tiburon. The Town of Tiburon greatly values its trees for their ecological importance, visual enhancement of the community, and their contribution to residential privacy and quietness. Town ofTiburon Ordinance No. N.S Adopted _1_1_ . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 (B) The final paragraph of section 15A-5 is amended to read as follows: The Planning Director may require additional information to secure the purposes of this Chapter, including a report by a certified arborist satisfactory to the Town, and/or a tree inventory of the subject property. when reasonably necessary to a final determination. The cost of any such report or additional information shall be responsibility of the applicant. (C) The first paragraph of Section 15A-6 is amended to read as follows: Once the Planning Director determines that the application is complete, he should cause to be mailed "courtesy" notices to all owners of property, as listed on the available County Assessment rolls, within 300 feet of the subject property, and to residents and other parties. including homeowners associations. which in the discretion of the Director, may be significantly affected. The notice should briefly describe the proposed work to be performed. Courtesy notices should be mailed at least ten (10) days prior to a decision by the Director. (D) The first paragraph of section 15A-7 is amended to read as follows: The Planning Director may issue the permit upon finding that it would be consistent with the purposes, policies, and regulations set forth in this Chapter._ The Planning Director shall have the discretion to refer any apolication to the Design Review Board for hearing and action. and the Board shall have all authority and discretion of the Planning Director. as set forth in this Ordinance. in acting on applications. section 3. Separability. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of this Ordinance as a whole, or any part thereof except that part or provision so declared invalid or unconstitutional. Town ofTiburon Ordinance No. N.S. Adopted ~ _1_ . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 section 4. Effective Date. This Ordinance is to take effect and be in force at the expiration of thirty (30) days from and after its passage, and before the expiration of fifteen (15) days after its passage, the same, or its legally required equivalent, shall be published with the names of the members voting for and against the same at least once in a newspaper of general circulation published in the Town of Tiburon. . PASSED of the Town vote: AND ADOPTED at a regular meeting of the Town Council of Tiburon on , 1995, by the following AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NICKY WOLF, MAYOR TOWN OF TIBURON ATTEST: DIANE L. CRANE, TOWN CLERK \scott\treerev.ord Town ofTiburon Ordinance No. N.S. Adopted _/_1_ Section 15A-1: Section 15A-2: Section 15A-3: Section 15A-4: Section 15A-5: Section 15A-6: Section 15A-7: Section 15A-8: Section 15A-9: Section 15A-10: CHAPTER 15A: TREES Purpose and Policy. Definitions. When a Permit is Required. Exceptions from Permit Requirement. Application Filing and Procedure. Application Review Procedure. Permit Issuance. Appeal. Termination of Permit. Violation/Penalty. 2 EXHIBIT NO.~ section 15A-1. Purpose and policy. The Tiburon General Plan recognizes the importance of trees to the character and beauty of the Town, and recognizes the role that trees have in advancing the public health, safety and welfare. The Town has therefore determined that reasonable regulation of the removal, alteration, and planting of certain trees is necessary to promote the public health, safety and general welfare of the community. RegUlation of trees is based upon the following general policies. policy #1: The Town recognizes the scenic importance, shade- creating. and privacy-creating benefits of trees to the community. The Town also recognizes that trees can provide soil stability, noise buffering, and wind protection benefits, and can help prevent erosion and debris flow landslides on the hilly terrain which characterizes most of Tiburon. The Town of Tiburon greatly values its trees for their ecological importance, visual enhancement of the community, and their contribution to residential privacy and quietness. Policy #2: The Town recognizes the special significance of "protected trees" (heritage trees, oak trees, and dedicated trees), and values the contribution which such trees make to the beauty and quality of life of Tiburon. policy #3: The Town recognizes that certain types of trees, because of potential breakage and fire hazards, or their potential for creating view blockage due to rapid growth and tall height at maturity, should be prohibited from being planted without special permission. These trees are referred to as "undesirable trees". policy #4: The Town recognizes that because of the known benefits of trees, undeveloped properties and properties capable of further subdivision should be protected from unregulated removal of trees prior to the approval of development plans. Trees on such properties should be preserved so that they may be considered for incorporation into development plans. Policy #5: The Town recognizes that residents in single family and tWO-family zones should have the freedom to determine the nature of their private landscaped surroundings. In such zones, only the removal or alteration of "protected trees" and the planting of "undesirable trees" shall require permits. Policy #6: The Town recognizes that properties located in zones other than single family and tWO-family residential zones often have special landscaping circumstances, including commonly-owned or shared areas, and these special circumstances have the potential to affect significantly larger numbers of persons and properties if unregulated. Because of the potential for special 3 landscaping circumstances, such properties require careful regulation. Therefore, all trees on such properties should be subject to reasonable regulation through the permit process. section 15A-2. Definitions. For purposes of this Chapter, the following words and phrases shall have the meanings ascribed to them: "Alteration" means any action which would significantly damage the health or appearance of any tree, whether by: I. Cutting of its trunk or branches; 2. Filling or surfacing or changing the drainage of the soil within the drip-line of the tree; or 3. Performing other damaging acts. This definition does llQt include routine pruning and shaping, removal of dead wood, or other maintenance of a tree to improve its health, facilitate its growth or maintain its configuration to protect an existing view. "Design Review Board" means the Tiburon Design Review Board or its successor. "Person" means any individual, corporation, partnership, firm, or other legal entity, including the Town. "Planning Director" means the Planning Director of the Town or his designee. "Planting" means the intentional installation or placement of a tree. "property" means any land or area within the corporate limits of the Town of Tiburon which is subject to its regulatory authority. "Protected Tree" means any: I. Heritage~, meaning any tree which has a trunk with a circumference exceeding sixty (60) inches, measured twenty-four (24) inches above the ground level. 2. Qgk~, including coast live oak, blue oak, California black oak, interior live oak, canyon live oak, Engelmann oak, or valley oak tree. 3. Dedicated~, meaning a tree of special significance so designated by resolution of the Town Council. 4 . "Removal" means the elimination, movement, or taking away of any tree from its present location. "Shrub" means a woody perennial plant smaller than a tree, usually having permanent stems branching from or near the ground. "single family residential zone" means any property located in a zone for which the principal use is detached single family residential. Typically, this means the R-I, R-1-BA, RO, or RPD zone as shown on the Tiburon Zoning Map. "Town property" means any property owned in fee by the Town of Tiburon, or any easements, rights-of-way, or other similar interests of the Town in property. "Treen means: 1. A woody perennial plant which has a trunk circumference of twenty (20) inches measured at twenty-four (24) inches above ground; ~ 2. A woody perennial plant at least fifteen (15) feet in height which usually, but not necessarily, has a single trunk. References to "tree" shall include the plural. The Planning Director or his designee shall have reasonable discretion to distinguish between a "tree" and a "shrub" within the confines of the definitions found in this Chapter. "Two-family residential zone" means a property located in a zone for which the principal use is two-family or duplex residential. Typically, this means the R-2 zone as shown on the Tiburon Zoning Map. "Undesirable tre~' means a Blue Gum Eucalyptus, Monterey Pine, Monterey Cypress, Coast Redwood, or any other tree which generally grows more than 3 feet per year in height and is capable of reaching a height of over 35 feet at maturity. "Undeveloped property" means any property which: 1. Is not improved with a primary building (for example, a dwelling unit or place of business); or 2. Is improved with a primary building, but is of sufficient land area that it could be subdivided. Subdivision potential shall be based upon the 5 minimum lot area requirement for the zone in which the property is located. (Refer to Tiburon Zoning Ordinance for minimum lot areas in each zone). Section 15A-3. When a Permit is Required. The planting, removal, or alteration of the following trees is regulated by this Chapter and shall require a permit: Protected~: Removal or alteration of any "protected tree" on any property is prohibited without the prior issuance of a permit. Undesirable~: Planting of any "undesirable tree" on any property is prohibited without the prior issuance of a permit. TQlin Property: Planting, removal, or alteration of any tree on "Town property" is prohibited without the prior issuance of a permit, except that in cases of Town action on Town property, only the removal or alteration of a "protected tree" or the planting of an "undesirable tree" shall require a permit. Undevelooed Property: Removal or alteration of any tree on "undeveloped property", including property which could be subdivided, is prohibited without the prior issuance of a permit. sinole Family ~ Two-Family Residential Zones: Removal or alteration of any "protected tree" or the planting of any "undesirable tree" is prohibited without the prior issuance of a permit. ~ other zones: Removal or alteration of any tree located in a zone other than a "single family residential zone" or a "two-family residential zone" is prohibited without the prior issuance of a permit. Section 15A-4. Exceptions from Permit Requirement. A permit shall not be required under this Chapter if the planting, alteration, or removal of a tree has been authorized by a zoning, subdivision, or other valid permit issued by the Town. The burden shall be on the applicant to demonstrate such approval. If personal injury or property damage is imminently threatened, or the Fire Marshal declares a tree to be a fire hazard, the Chief of Police, Superintendent of Public Works, Planning Director, or Town Manager may authorize or order the removal or alteration of a tree without compliance with other provisions of this Chapter. The removal or alteration carried out in such emergency conditions shall be reported to the Planning Director on the first business day following the work. 6 Section 15A-5. Application Filing and Procedure. Any person wishing to plant, remove, or alter a tree regulated by this Chapter shall apply in writing to the Planning Director for a permit. Application forms are available in the Planning Department. The fee for such application shall be established by resolution of the Town Council. Applications filed with the Planning Director shall: a. Identify the property on which the tree is located. b. Provide a perimeter outline of any existing or proposed buildings on the property. c. Specify the location of the tree within reasonable accuracy to facilitate easy identification. d. State the species of the tree, the approximate height of the tree (currently and at eventual maturity), and the circumference of the trunk measured at twenty four inches above the ground surface. e. Furnish a statement of the reason for the request. f. Provide evidence, in writing, of property owner permission. The Planning Director may require additional information to secure the purposes of this Chapter, including a report by a certified arborist satisfactory to the Town, and/or d ~ inventory Q! ~ subiect property. when reasonably necessary to a final determination. The cost of any such report or additional information shall be responsibility of the applicant. section 15A-6. Application Review Procedure. Once the Planning Director determines that the application is complete, he should cause to be mailed "courtesy" notices to all owners of property, as listed on the available County Assessment rolls, within 300 feet of the subject property, and to residents and other parties~ including homeowners associations. which in the discretion of the Director, may be significantly affected. The notice should briefly describe the proposed work to be performed. Courtesy notices should be mailed at least ten (10) days prior to a decision by the Director. On applications for planting an undesirable tree, the Planning Director shall within 15 days inspect the site and shall consider the following factors in deciding whether, in the exercise of his discretion, to issue or deny the permit: a. The suitability of the location for the tree requested to be planted. b. The potential for unreasonable or undesirable view blockage by the tree at maturity. 7 . On applications for the alteration or removal of trees, the Planning Director shall within 15 days inspect the trees and the site. The Director shall then consider the following factors in deciding whether, in the exercise of his discretion, to issue or deny the permit: a. The condition of the tree with respect to disease, hazard, proximity to existing or proposed structures or interference with utility services. b. The necessity of removal or alteration of the tree in order to develop the property. c. The topography of the land and the effect of tree removal or alteration on protection from wind, soil erosion or increased flow of surface water. d. The number of trees in the neighborhood, and the effect of removal or alteration of the tree on the character of the neighborhood, including privacy impacts on neighboring properties. e. Good forestry practices; i.e. the number of healthy trees that a given property will support. f. The historical significance and age of the tree. section 15A-7. Permit Issuance. The Planning Director may issue the permit upon finding that it would be consistent with the purposes, policies, and regulations set forth in this Chapter. ~ Planning Director shall ~ ~ discretion tQ refer ~ application tQ ~ Design Review Board ~ hearing gng action. and ~ Board shall ~ ~ authority and discretion Q! ~ Planning Director. ~ ~ forth in ~ Ordinance. in acting Qil applications. The Planning Director may attach such conditions to the permit as deemed necessary, in the exercise of his discretion, to accomplish the purposes of this Chapter. Such conditions may include, but are not limited to, regulation of planting, cutting, grading, drainage, irrigation, encroachment into drip-line areas, paving and surfacing limitations, maintenance of trees at a maximum height, and erection of protective fencing. Replacement of removed trees, on a basis of up to 3 to 1, may also be required as a condition of approval. Where appropriate, any conditions attached to a permit shall run with the land and apply to permittee's successors in interest. The Planning Director may direct that any permit shall be recorded with the Marin County Recorder. 8 . Section 15A-8. Appeal. The decision of the Planning Director may be appealed to the Design Review Board. A written appeal must be filed with the Planning Department within ten (10) days of the decision. No permit granted under the provisions of this Chapter shall be effective until the expiration of ten (10) days following the granting of such permit. If an appeal is filed, action under any permit shall be suspended pending the outcome of the appeal. The Design Review Board shall hear the appeal within thirty (30) days of its filing. Notice of the time and place of the appeal hearing shall be given to the applicant, appellant, and other persons as deemed appropriate by the Planning Director. The Design Review Board may affirm, reverse, or modify the decision of the Planning Director. The decision of the Board shall be final. section 15A-9. Termination of Permit. Unless a longer time is set forth in the permit, a permit shall be valid for only 180 days from final approval, and thereafter shall become null and void. For good cause, time extensions may be granted in writing by the Planning Director. section 15A-10. violation/penalty. A. Planting or refusing to remove a tree planted in violation of this Chapter is hereby declared to be a public nuisance, and the Town Attorney, on direction of the Town Council, shall initiate necessary proceedings for abatement of the nuisance in a manner provided by civil law. B. Any person who alters, removes, or maintains a tree in violation of this Chapter, or who violates the conditions of any permit granted under this Chapter, is guilty of a misdemeanor and upon conviction shall be subject to a fine not exceeding $1000.00 for each violation, or the maximum amount allowed by Government Code section 36901, whichever is greater. Each tree altered, removed, or maintained in violation of this Chapter shall be considered a separate violation. section ~ Separability. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of this Ordinance as a whole, or any part thereof except that part or provision so declared invalid or unconstitutional. 9 uEC-C7-SJ THU 14:55 r -' ~- b -"'~.~:'.~ . . ,. .".-. -:~- '.~-' DATE: TO: FROM: M 11 W D MAIN OFC FAX NO. 4159274953 P. 01/03 \ .\--en") t\)6 (J MARIN MUNICIPAL WATER DISTRICT - FAX 220 Nellen Avenue Corte Madera, CA 94925 (415) 924-4600 December 7, 1995 CITY MANAGERS CITY FAX NO. iffi~ccreo~~1Q Ed San Diego Belvedere 435-0430 DEe '1 1995 Michael Goyer Corte Madera 927 -5087 TOWN MANAGER'S OFFICE Linda Christman Fairfax 453-1618 Jean Bonander Larkspur 927-5022 TOWN OF TIBURON Doug Dawson Mill Valley 381-1736 ORIGINAL Rabi Elias Ross 453-1950 Beth Pollard San Anselmo 454-4683 Suzanne Gol! San Rafalel 459-2242 Brock Arner Sausalito 289-4167 Bob Kleinert Tiburon 435-2438 Pamela J. Nicolai (415) 924-4600 extension 211 NUMBER OF PAGES (including this page): --L REPLY TO FAX NUMBER~ (415) 927-4953 MESSAGE ~ at! I 'fh'u;&:~. ~ ~ .~mwlJ,~. ., ~~ . ~~ .,,~~~td I . ~~ :# ,..~ ,~~ .Jrt ..~ At~ '~;r ., A -y, ~1.L2cJA-~' !VJI.. ~J.., ~ vl/Jm~ ,.. Ct!. Yn..vr ~ ~ . DEC-07-9S THU 14:56 M M W D MAIN OFC FAX NO. 4159274953 P. 02/03 " MARIN MUNICIPAL WATER DISTRICT 220 Nellen A~llut Corte Madera. CA 9492~-1l6Q 415.924.4600 FAX 415.92' .4S53 December 7, 1995 Dear Mayors and Councilmembers: Marin Municipal Water District needs your assistance. Recently, the State Water Resources Control Board (SWRC8), in Order WR 95-17, dealt a significant blow to the water supply provided by MMWO. The effect of the Order is to reduce the overall water supply by over 4500 acre feet. As you may be aware, this represents a 20% loss in the supply provided by our reservoirs. The State Order has the impact of reducing our water supply by an amOunt equal to nearly half of the total annual volume of water provided by the Measure V plan. The Order is quite extensive and the primary purpose of the Order relates to further protection of the fishery resources in the Lagunitas Creek. MMWO is willingly complying With most of the points in the Order which will provide additional releases and further improve habitat in most years. Based on our belief in responsible resource management, we feel we can only contest some of the points in the Order that we feel are not supported by scientific fact. The District acknowledges a Gtrong sense of responsibility to public trust as managers of some of the most environmentally precious lands 11'1 this country. However, our strongest objections relate to the Order's requirement for releases of water :1'1 dry fall periods (Oct., Nov., Dec.) and in crltioally dry years such as we expenenced in 1977. MMWD has petitioned the SWRCB to reconsider the portions of the Order that adversely impact the District's dry year water supply and that don't provide any demonstratable benefit to the fish population. The District cannot afford to put the District's supply at risk in dry years for purposes that are not supported by scientific evidence. Our points requested for reconsideration are actually qUite narrow and focused: 1. We want a Clearly determined formula for required water releases in critically dry years (e.g., 1977). 2. In dry fall periods, if no natural runoff occurs, MMWD does not want to be required to increase water releases (so-called freset or attraction flows) into the creek when there is no evidence that it will help the fish. 3 MMWD wants to be able to continue to occasionally use water frcm the Nicaslo Reservoir to supplement releases into Lagunitas CreeK until such time as an actual study is done that shows whether or not there is any negative impact of this practice No evidence has been provided to show a negative impact and the SWRCB. nevertheless, ordered MMWD to stop its current practiCli. An Cljtlill On'C,:t:1Jni'v/Mfjrrflolt:.-e Ad'vl! Ellwk'Y~1 DEC-07-85 THU 14:56 ~I11 W D MAIN OFC FAX NO. 4159274953 P. 03/03 ", Mayors and Councilmembers December 7, 1995 Page 2 We would like your help and letters of support for the District's petition for reconsideration. We would not be asking this if we felt these sedions of the SWRCB Order had any merit or adual benefit to the fish They do not These same sections of the Order have a significant impact on our water supply and could lead to more frequent water rationing, and even higher water costs. If we win on all the points of our request for reconsideration, we would only regain approximately 2500 of the 4500 acre-foot 1055 the SWRCB Order creates. Please address your letter of support to: Chairman Water Resources Control Board Division of Water Rights P.O. Box 2000 Sacramento, CA 95612-2000 To be most effective, a letter of 5Upport 5hould reach the Division of Water Rights before December 31, 1995 If you have any questions or need more information, please call me at 924-4600, extension 211. Sincerely, . ~~ General Manager PJN:bg