HomeMy WebLinkAboutTC Agd Pkt 1996-02-21
TIBURON TOWN COUNCIL
AGENDA
REGULAR MEETING
TOWN OF TIBURON
1101 TIBURON BLVD.
MEETING DATE:
MEETING TIME:
CLOSED SESSION:
FEBRUARY 21, 1996
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) 435-7373. NotifICation 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to
this meeting (28 CFR 3S,102-3S,l04 ADA Title II)
A. ROLL CALL
B. ANNOUNCEMENT OF CLOSED SESSION ACTION (Jfanv)
C. PUBLIC OUESTIONS AND COMMENTS
Please confine your comments during this portion of the agenda to matters not already on this agenda, other
than items on (he Consent Calendar. The public will be given an opportunity to speak on each agenda item at
the lime it is called. Presentations are limited to three (3) minutes. Malters requiring action will be referred to
the appropriate Commission, Board, Committee or Staff for consideration and/or placed on a future meeting
agenda.
D. COUNCIL. COMMISSION & COMMITTEE REPORTS
1) BEL VEDERE/TlliURON JOINT RECREATION DEPARTMENT ANNUAL REPORT
2) TIBURON PENINSULA CHAMBER OF COMMERCE ANNUAL REPORT
E. APPOINTMENTS TO BOARDS. COMMISSIONS & COMMITTEES
3) RECYCLING COMMITTEE
F. CONSENT CALENDAR
The pUlpose of the Consent Calendar is to group items together which generally do not require discussion and
which will probably be approved by aile motioll ullless separate actioll is required all a particular item, AllY
member of the Town Council, Town Staff, or the Public may request removal of an item for discussion.
4) TOWN COUNCIL MINUTES (Approval) - #1076, January 17, 1996; #1077, January 30,
1996; #1078, Feburary 7,1996
5) TOWN'S HISTORICAL LANDMARKS NUMBERING SEQUENCE (Approval)
G. UNFINISHED BUSINESS
6) BEL VEDERE/TffiURON COMMUNITY LffiRARY _
A. Conveyance of Town's Mar West Property to Belvedere/Tiburon Library
Agency (REVIEW QUITCLAIM DEED)
B, Authorize Town Manager to Negotiate Right of Entry Agreement Allowing
Library Agency Use of Adjacent Town Property (APPROVE AGREEMENT)
7) APPEAL OF DESIGN REVIEW BOARD DECISION - Continuation of 2/7/96 Hearing _
(Hearing Closed; Action Item only) Applications for Ramps and Rails at 10, 13-19 & 38
Main Street (Zandvakili, Purdy, and Main Street Properties, Applicants & Appellants)
H. NEW BUSINESS
8) BELVEDERE/TffiURONLANDMARK'S SOCIETY _
A. LOUISE TEATHER DAY - April 14, 1996 (Adopt Resolution)
B. PROPOSED USE OF NEWMAN PROPERTY - 841 Tiburon Boulevard
C, INVITATION TO GUIDED TOUR OF NEWMAN PROPERTY
9) BLACKFIELD DRIVE AT REEDLANDS WOODS WAY - Removal of Left Turn Lane
10) TOWN'S MID-YEAR (FY95-96) BUDGET REPORT
11) DOWNTOWN PARKING COUNT RESULTS (Review Downtown Parking Statistics-
May 1995 through October 1995)
I. PUBLIC HEARING
12) AMEND BUILDING REGULATIONS ORDINANCE (Chapter 13 of Municipal Code) _
2nd Reading & Adoption
13) SITING ELEMENT - SOLID WASTE JP A (Adopt Resolution)
J. COMMUNICA nONS
K. STAFF & TOWN MANAGER REPORTS
14) DRAFT BUDGET CALENDAR (FY96-971 FY97-98)
15) REMOVAL OF EUCALYPTUS TREES ON TOWN PROPERTY (Oral Report)
L. ADJOURNMENT
TOWN COUNCIL
MINUTES
DRAi=T
~hv '-Ita)
CALL TO ORDER
Mayor Wolf called the regular meeting of the Town Council of the Town of Tiburon to order at
7:39 P,M., Wednesday, January 17, 1996, in Council Chambers, 1101 Tiburon Boulevard,
Tiburon, California,
A. ROLL CALL
PRESENT:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
Hennessy, Thayer, Wolf, Thompson (8:07 p,m.)
Ginalski
EX OFFICIO:
Town Manager Kleinert, Town Attorney Sharp,
Chief of Police Herley, Planning Director Anderson,
Finance Director Stranzl, Town Engineer
Mohammadi, Town Clerk Crane
B. ANNOUNCEMENT OF CLOSED SESSION ACTION
None
C. PUBLIC OUESTIONS AND COMMENTS
Mayor Wolf requested that the appropriate Town committees investigate renaming David Teather
Park to "David and Louise Teather Park."
D. APPOINTMENTS TO BOARDS. COMMISSIONS OR COMMITTEES
Councilmember Thayer nominated Bob Ross to the Disaster Planning[ volunteer training]
Committee; Councilmember Hennessy nominated George Hall to the Disaster CounciL A joint
motion was made by Thayer, seconded by Hennessy, Vote was unanimouslGinalski absent.
E. CONSENT CALENDAR
L Town Council Minutes #1074 and #1075,
2, Annual Statement ofInvestment Policy.
3. November Investment Statement.
4, Annual General Plan Status and Implementation Report,
5, Marin County Pollution Prevention Program,
6. Fee for Feasibility Study of Countywide Master JPA.
7, Linda Vista Undergrounding Project - Engineer's Report,
Councilmember Hennessy asked that Item 12 - Status Report on Planning Commission's
Recommendations for changes to the Traffic Ordinance - be added to consent.
TOWN COUNCIL MINUTES #1076
January 17,1996
MOTION:
Moved:
Vote:
To Approve Consent Calendar
Hennessy, Seconded by Thayer
AYES: Unanimous
ABSENT: Ginalski
F. NEW BUSINESS
8, December Power Outages, Town Manager Kleinert presented a list of damage and power
outages by neighborhood. He suggested that better communication between the Town and
PG&E was needed, Tony Welker, PG&E representative, said he sincerely regretted the problems
experienced by the Town, He outlined the magnitude of the storm throughout Northern
California and said the December [power] problems were far worse than after the Lorna Prieta
Earthquake. He outlined the process PG&E uses to restore power to affected areas: 1) down
wires are identified and repaired first; 2) critical care facilities and pumping stations are second; 3)
primary and main circuits are third. He said those customers furthest away from a substation
were last to get back on line,
In response to the communication problems, Welker said PG&E's call centers normally handle
50,000 calls per day, but on December 12, two million calls were attempted, and approximately
250,000 were answered, He said the company had hired 250 additional customer service
representatives since that time, He also said he would work with the Town to make sure they had
a telephone number where they could reach him directly in case of emergency,
Councilmember Hennessy and Mayor Wolf pointed out the problem with incorrect assessments of
repair time and how that negatively impacted people in various neighborhoods,
During public hearing, Kirk Hanson, 1880 Vistazo West, complained of the har<.Jship he and his
neighbors endured being without power for five days and the frustration with not being put back
on line while the neighborhoods around them were restored, He demanded an explanation.
Stewart Hopkins, 1830 Lagoon View Drive, said the PG&E customers had the highest [utility]
rates in the nation and said something should be done to establish redundancy of service,
Hearing returned to Council. [Transcript of Council member Thayer's remarks attached,] Council
agreed to present Councilmember Thayer's remarks at the Marin County Council of Mayors &
Councilmembers and take further action at that time, Mayor Wolf thanked Mr. Welker for
commg,
G. UNFINISHED BUSINESS
9, Green Can Implementation Schedule, Rick Powell of Mill Valley Refuse Service said a letter
would be mailed to MVRS customers on February I concerning the program and rate increase,
He said the Green Cans would be delivered on March 23, and collection would start the week of
April], He said the smaller (32 gallon) cans were still and option and would be delivered later.
Councilmember Hennessy suggested added language to the letter eXplaining the AB939 mandate,
Powell said the (three) quarterly yard waste pick-ups were being replaced by the 26 weekly pick-
TOWN COUNCIL MINUTES #1076
January 17, 1996
2
ups, and the annual non-yard waste pick-up would continue,
10, New Library - Status report on Sale of Property to Library Agency, Town Attorney Sharp
said he had drafted a quitclaim deed in lieu of a grant deed as the safest way for the Town to
proceed, and that a legal description of the property was still needed, Item continued,
H. PUBLIC HEARING
14, New Belvedereffiburon Library - Project Approval and Processing Procedures, Planning
Director Anderson said the CEQA approval and passage of the ordinance was the final action for
approval of the project other than issuing a building permit.
During public hearing, Nat Marans, 2312 Spanish Trail, said something better was needed than a
"rafting" foundation.
Mark Schatz, Architect, said the system was developed due to the flood plain which required that
the building be built on piles or added filL A compensating raft foundation, whereby the floor ad
ground would settle simultaneously, was proposed as the best system by both the structural and
geotechnical engineer, He said it was not an inexpensive solution as suggested by Mr. Marans,
Motion:
Moved:
Vote:
MOTION:
Moved:
Vote:
To approve Resolution Certifying a Negative Declaration for the New Belvedere-
Tiburon Library
Thompson, Seconded by Hennessy
AYES: Unanimous
ABSENT: Ginalski
To read Ordinance by Title Only
Hennessy, Seconded by Thayer
AYES: Unanimous
ABSENT: Ginalski
Mayor Wolf read, "An Ordinance of the Town Council of the Town of Tiburon Establishing
Planning and Approval Procedures for the Belvedere-Tiburon Municipal Library,"
MOTION:
Moved:
Vote:
To pass first reading
Thompson, Seconded by Thayer
AYES: Hennessy, Thompson, Thayer, Wolf
NOES: None
ABSENT: Ginalski
G. UNFINISHED BUSINESS
11, Streets Improvement Program, Council approved language for the rebuttal argument with
minor changes, Deirdre McCrohan, The Ark, asked when a list of streets scheduled to be
TOWN COUNCIL MINUTES #1076
January I7, 1996
3
reconstructed or repaired would be available.
H. PUBLIC HEARING
13. Revised False Alarm Ordinance - 2nd Reading and Adoption,
MOTION:
Moved:
Vote:
To read by title only
Thayer, Seconded by Thompson
AYES: Unanimous
ABSENT: Ginalski
Mayor Wolf read, "An Ordinance of the Town Council of the Town of Tiburon Repealing
Chapter 29 of the Tibuom Municipal Code regarding Alarm Systems and Enacting a new Chapter
29,"
MOTION:
Moved:
Vote:
To adopt above-entitled ordinance
Hennessy, seconded by Thompson
AYES: Hennessy, Thayer, Thompson, Wolf
ABSENT: Ginalski
T. COUNCIL. COMMISSION & COMMITTEE REPORTS
None,
J. COMMUNICA nONS
Town Manager Kleinert asked that the Lands & Development subcommittee convene to review
the Kilgore and Smith property appeals before the Marin County Board of Supervisors, Thayer
and Thompson agreed to meet at 8:00 a,m, Friday in the Town Manager's office,
Council also directed Town Manager Kleinert to send letters to a) the PUC supporting the sale of
Red & White Fleet to Blue & Gold Fleet, and b) Safeway urging a replacement market in
downtown Tiburon,
K. STAFF & TOWN MANAGER REPORTS
IS, Angel Island Ferry Pier Repair. Town Manager Kleinert said repair and reconstruction was
proceeding with certain conditions [ADA accessibility and others] imposed by the Building
Department. Mayor Wolf complimented Town Manager Kleinert for achieving due process and
being responsive to the business community in resolving the issuance of a building permit,
16, Waste Diversion Council. Council agreed to interview applicants after a January 31 cut-off
date and directed Staff to return with recommendations about the organization and structure of
the Council.
TOWN COUNCIL MINUTES #1076
January 17, 1996
4
L. ADJOURNMENT
There being no further business before the Town Council of the Town ofTiburon, Mayor Wolf
adjourned the meeting in memory of Louise Teather and Howard Benedict at 9:42 p,m" sine die,
NICKY WOLF, MAYOR
ATTEST:
DIANE L. CRANE, TOWN CLERK
TOWN COUNCIL MINUTES #1076
January 17. 1996
5
TOWN COUNCIL
MINUTES
D:\h~:r
T/e",,- if (b )
CALL TO ORDER
Mayor Nicky Wolf called the special meeting of the Town Council of the Town of Tiburon to
order at 7:30p,m., Tuesday, January 30, 1996, in Council Chambers, 1101 Tiburon Boulevard,
Tiburon, California,
A. ROLL CALL
PRESENT:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
Ginalski, Hennessy, Thayer, Thompson, Wolf
None
EX-OFFICIO:
Town Manager Kleinert, Town Attorneys Sharp &
Danforth, Planning Director Anderson, Contract
Planner Allsep, Town Clerk Crane
B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any)
None,
C. PUBLIC OUESTIONS AND COMMENTS
None,
D. APPOINTMENTS TO BOARDS. COMMISSION OR COMMITTEES
1) RECYCLING COMMITTEE (Discuss Interview Schedule), Town Manager Kleinert
said 10 applications had been received, Council set interviews for February 13, 7:30 p,m.
E. UNFINISHED BUSINESS
2) REVIEW OF PLANS FOR CONSTRUCTION OF TWO DWELLINGS AT 1860
CENTRO WEST (Dave and Diane Williams, Applicants). First o/two reviews by Council per
the Settlement Agreement.
After hearing the Staff report and reviewing the latest plans for the proposed houses at
1860 Centro West, Council took public testimony and Mayor Wolf identified the specific areas
Council would like to see addressed by the Williams prior to the February 7 meeting:
1. Pool and pool equipment - consider relocation of
2, Retaining Wall - consider use oflandscaping or stepping to "soften" the impact.
Town Council Minutes #1077
January 3D, 1996
3, Planting of Redwoods on property and in easement area - no redwoods/consider use of
other (plant) landscaping,
4, Color of South Residence - consider using darker color.
5, In general, consider issues of privacy along property line.
6. In general, make efforts to reduce mass and bulk of residences,
Other potential negative impacts of the plans as identified by Council were the six-and
eight-in exposed log poles and beams and the nine-foot diameter skylight of the South Residence,
Councilmember Thayer was not opposed to the use of the log poles and beams, although he
thought they might be made to look more refined, Councilmember Ginalski was opposed to the
skylight of that size and dimension if its reflection could be seen by the neighbors.
Council also noted that the proposed driveway and trenching would be subject to further
review by the Town, Contract Planner Allsep said a list of additional conditions would be drawn
up to address these issues,
Council urged the Williams to take the concerns of their neighbors about loss of views,
light and privacy, and compatibility with the neighborhood as a whole, into consideration before
making their final plans,
Planning Director Anderson said that Council would be asked to review suggested
compromises made by the Williams to the above-stated concems at the February 7 meeting,
E. ADJOURNMENT
There being no further business before the Town Council of the Town ofTiburon, Mayor
Wolf adjourned the meeting at 9:00 p,m" sine die,
NICKY WOLF, MAYOR
ATTEST:
DIANE L CRANE, TOWN CLERK
Town Cmlllcil Minutes #1077
January 30. 1996
1
TOWN COUNCIL
MINUTES
DRA~T
r;-kM- ire)
CALL TO ORDER
Mayor Wolf called the regular meeting of the Town Council of the Town of Tiburon to order at
7:30 P,M., Wednesday, February 7, 1996, in Council Chambers, 1101 Tiburon Boulevard,
Tiburon, California,
A. ROLL CALL
PRESENT: COUNCILMEMBERS:
Hennessy, Thayer, Thompson, Wolf, Ginalski (8:00
p,m.)
None
Town Manager Kleinert, Town Attorneys Sharp &
Danforth, Planning Director Anderson, Contract
Planner A1lsep (8:00 p.m.),Town Engineer
Mohammadi (8:00 p.m,), Building Official
Bloomquist (8:00 p.m.), Town Clerk Crane
ABSENT: COUNCILMEMBERS:
EX OFFICIO:
B. ANNOUNCEMENT OF CLOSED SESSION ACTION
Mayor Wolf announced that Council had decided not to join in the appeal of Kucera v. Lizza but
that it was possible the Town would file an amicus brief. Council directed Staff to take another
look at the View Preservation portion of the Town's Tree Ordinance,
C. INTRODUCTION OF TOWN EMPLOYEE
Town Manager Klienert introduced Town Attorney Ann Danforth, Mayor Wolf thanked Interim
Town Attomey John Sharp for his work.
D. PUBLIC OUESTIONS AND COMMENTS
Mayor Wolf showed a plaque and flag set given to the Town by a visiting Council member from
Rockdale, Australia,
E. COUNCIL. COMMISSION & COMMITTEE REPORTS
Building Advisory Committee Chair Jim Wilson said the schematic design of the new Town Hall
had received an excellent review by the Design Review Board on January 4, 1996, He said there
were no critical comments that had not already been taken care of He estimated that the Design
Development stage would last until the end of February, and that the mechanicaVelectrical and
structural portions of the project would go out to bid in late Mayor early June,
Chair Wilson distributed copies of the latest cost estimate which showed an increase of$.5M over
the original project cost of $IAM, He said this was due to a more conservative estimate and
additional site work.
TOWN COUNCIL MINUTES # 1 078
February 7. 1996
Council thanked Wilson for his work and said they were pleased with the progress to date,
F. CONSENT CALENDAR
3. Signature Authorization for Town Checks (Resolution)
4. December Investment Summary
MOTION:
Moved:
Vote:
To Approve Consent Calendar
Thayer, Seconded by Hennessy
AYES: Unanimous
G. UNFINISHED BUSINESS
5. BelvederelTiburon Community Library-
A Conveyance of Mar West Property, Interim Town Attorney Sharp said language had been
added to the quitclaim deed to state that the property was being conveyed with no representations
regarding hazards, and that a two-year limitation period had been placed on reversion, He said
that the metes and bounds description of the property was still outstanding and that a modification
to drainage easement with Home Savings was in process. He estimated that these items could be
concluded within 30 days. Council continued the item.
B, Right of Entry Agreement. Town Attorney Danforth said the Library Agency needed a right
of entry to pass over [a small strip of the Town's] land in order to start construction ofa parking
lot which would be used by both buildings, and that the resolution authorized the Town Manager
to negotiate the agreement. Council directed Town Manager Kleinert to begin the negotiation.
Approval of the agreement was continued to next meeting.
C. Zelinsky Family Memorial. Town Manager Kleinert said that Council had previously agreed
to a memorial for the Zelinsky Family in recognition of their contributions to the Town, He said
the proposed memorial plaza would be located in the flood plain area behind the new Town Hall.
Council agreed that Mayor Wolf would send a letter to the Zelinsky Family stating the Town's
intention to install this memorial.
D, Ordinance Establishing Processing Procedures, Councilmember Thayer summarized that the
ordinance allowed an exemption for the new library from the Town's zoning ordinance, and
established the scope and limits of the procedural processing review.
Motion:
To Adopt Resolution Approving Conveyance of the Town Property at Mar West
and Tiburon Boulevard to the Library Agency for Construction of a New Library
Thompson, Seconded by Hennessy
AYES: Unanimous
Moved:
Vote:
Motion:
To Adopt Resolution Authorizing Town Manager to Negotiate a Right of Entry
Agreement
TOWN COUNCIL MINUTES #1078
February 7, 1996
2
Moved:
Vote:
Motion:
Moved:
Vote:
Thayer, Seconded by Hennessy
AYES: Unanimous
To Read by title only the Ordinance Authorizing Processing Procedures for the
new Library
Thayer, Seconded by Thompson
AYES: Unanimous
Mayor Wolf read, "An Ordinance of the Town Council of the Town of Tiburon Establishing
Planning and Approval Procedures for the Belvedere- Tiburon Municipal Library."
Motion:
Moved:
Vote:
To Pass Second Reading and Adoption
Hennessy, Seconded by Thompson
AYES: Ginalski, Hennessy, Thayer, Thompson, Wolf
NOES: None
ABSENT: None
6. Review of Plans for Construction at 1860 Centro West. Item movedforward
H. PUBLIC HEARING
7, Linda Vista Undergrounding Project. Town Manager Kleinert commended Betty Girtler for
her work in organizing the effort, started in 1993, on behalf of the neighborhood, He said it was a
Rule 20(b) project, therefore the cost was to be borne by the property owners.
During public hearing, Dan Bort of Orrick, Herrington & Sutcliffe, bond counsel for the project,
said he hoped the bids would be below estimate ($100,000), He also stated the property owners
had agreed to raise their assessments to lower the assessment on Lot # I,
Betty Girtler, 11 Linda Vista, said there would be improved views and benefits for the represented
10 property owners. Larry Mitchell, 2310 Paradise Drive, thanked Betty, and said there would be
improved views and safety [from wind storms] by undergrounding the utilities,
Irving Schwartz, District Engineer, said there were nine bidders on the project.
Item continued to second hearing on March 6,
8, Appeal of Design Review Board Decision denying applications to construct ramps and rails at
13-19.38 and 10 Main Street. Interim Town Attorney John Sharp cited safety and design
concerns for the denial and suggested that the plaintiffs in the lawsuit would ask the Town to
supersede its usual procedures and police powers in order to grant the applications, He also said
the plaintiffs would contend that the Town had its own design for Main Street that it wanted to
promote, He told Council that he would advise them in closed session regarding the above issues,
TOWN COUNCIL MINUTES #1078
February 7, 1996
3
and suggested that Council consider the appeals per their usual procedure but refrain from making
a final decision that night.
Contract Planner Allsep described the applications and said that the Design Review Board had
considered the orderly development and preservation of the Town, as well as public health, safety
and welfare in denying the applications. She suggested that the application for a ramp at 10 Main
Street was different in that it fronted a pedestrian plaza [on Tiburon Boulevard]. Allsep said that
with certain changes that application might be remanded to the DRB, She recommended
upholding the denial of the other two applications,
Town Engineer Mohammadi cited the Building Code and traffic safety concerns as reasons for
upholding the decision ofDRB,
Mayor Wolf opened the public hearing,
Patrick Connally, plaintiff in Connally v. Main Street Businesses, resident of San Rafael, said
Town Staff was engaging in "handicapism" and that he was tired of having his civil rights denied,
He said that if the Town was receiving any federal funding, it should comply with the Americans
with Disabilities Act for public access,
Councilmember Ginalski took exception to Mr. Connally's remarks about "handicapism."
Vernon Cox, Executive Director of Next Step, and staff person with the Marin Country Center for
Independent Living, resident of Mill Valley, said that he and Town Manager Kleinert had
participated in a "barrier awareness" day several years ago. He said that changes were needed in
order to make some of the stores on Main Street accessible,
Amir Zandvakili, defendant, resident of Piedmont, asked Council to consider all the points made
by Town Staff, and said his ramp would be made of the same material as the [pedestrian] plaza,
Ellen Lever, resident of Mill Valley, said that aesthetics did not have to be compromised and
asked Council not to leave out disabled persons for reasons of aesthetics. She said disabled
persons have money to spend and would like to spend it in [Tiburon] stores,
Russ Bulke, resident of Larkspur, member of "Indoor Sports Club" said he did not want to be
"helped" and wanted to go into a store and look around for himself.
Dian Ashley, President of Tiburon Peninsula Chamber of Commerce, said all the [Tiburon]
merchants were concerned about access but called for patience in working towards a solution,
Dennis Perkins, resident of Mill Valley, (and employee of Main Street Properties), asked where in
the Town code the laying of sidewalk (i,e, ramps) was prohibited, and asked why an
encroachment permit was needed,
TOWN COUNCIL MINUTES #1078
February 7, ] 996
4
Building Official Bloomquist said that the proposed ramps were not sidewalks, and therefore were
not exempt.
Gary Gravallo, Hassard, Bonnington Law Firm, attorney for Main Street Properties, asked why
the ramp application at 10 Main Street would be considered and what was different between that
ramp and the proposed ramp at 38 Main Street.
Town Engineer Mohammadi said that Town Staff had to compare all the ramp applications on
Main Street and look at them as a "ramp system," He said the ramp at 38 Main Street would
force pedestrians out into the street and therefore was not safe,
Councilmember Hennessy asked Mr. Gravallo if he had considered changing the entrance to 38
Main Street to the side of the restaurant [Rooney's]. Mr. Gravallo said he had not.
Emmett Stanton, Pillsbury, Madison & Sutro, attorney for the Purdy Family Trust, said that the
Town had put forward "bogus" safety issues and aesthetics and if the Town continued to deny the
applications, it would become a party to the lawsuit,
Tom Frankovich, attorney for Plaintiffs, 586 Virginia Drive, said that all the businesses wanted to
settle and that plaintiffs did not want to bring the Town into the lawsuit.
Mayor Wolf asked if[ramps for] all the businesses in the lawsuit were represented on [the
Planning Department's] map. Me Frankovich said that Tiburon Tommie's was not shown,
Councilmember Hennessy asked Me Frankovich ifhe knew of any other communities that were
faced with the prospect of "undulating sidewalks," Mr, Frankovich cited South San Francisco,
Mayor Wolf closed the public hearing.
Councilmember Hennessy questioned how a person using a walker would be able to get around
on an undulating sidewalk. She also said that not all the solutions had been looked at.
Councilmember Ginalski reserved comment until after the closed session.
Councilmember Thayer concurred with Ginalski.
Councilmember Thompson concurred but said the Town wanted to comply with ADA but had to
face issues of public health and safety, He said he was disappointed that the property owners had
not looked at other solutions,
Mayor Wolf thanked everyone for coming and echoed Thompson's comments, Item was
continued for discussion in closed session on February 20 and for further comment and Council
action on February 2 \,
TOWN COUNCIL MINUTES # I 078
F eblllary 7. I 996
5
6, Review of Plans for Construction of Two Dwellings at 1860 Centro West - Williams, Interim
Town Attorney John Sharp said the compromises proposed by the Williams had been received
and complied with the timing set forth in the Settlement Agreement.
Contract Planner A1lsep reviewed the following proposed changes and said that there were no
negative impacts in her opinion: 1) Pool & pump - same locationlbuild enclosure for pool
pump, 2) Retaining Wall- no changes except additional landscaping, 3) Redwood [on
comer or property]to be replaced by English Hawthorne; other redwoods not on Williams'
property, 4) Darker color for South Residence/exposed logs & beams to be eliminated and
replaced by trellis & halflogs,
The Williams answered questions posed by Council concerning their changes. They explained the
reason for leaving the pool in the same location was because it fronted on a vacant lot and got the
most exposure to the sun,
During public hearing, Susan Ashton, 1846 Centro West, wanted to be sure that nothing would be
planted in the path [sewer easement where redwoods had been proposed]. She also expressed
concern about potential slides from the moving of dirt around the lots, Contract Planner A1lsep
said a soils report and plan would be required in order to issue a permit.
Hearing returned to CounciL
Councilmember Thayer said the Williams had been responsive to Council's suggestions and he
was ready to move forward.
Councilmembers Thompson, Hennessy & Ginalski concurred,
Mayor Wolf expressed empathy with the neighbors but said the Williams had cooperated and
hoped they would be happy in their new house, She said she hoped that the wounds in the
neighborhood would be healed in time,
Motion:
To approve the project as presented to Council including all new responses by the
Williams and Conditions of Approval set forth by the Planning Department
Thayer, Seconded by Hennessy
AYES: Unanimous
Moved:
Vote:
I. NEW BUSINESS
9, Amend Building Regulations Ordinance, Planning Director Anderson said the ordinance was
amended every three years in order to adopt new codes, He also said it included the revised
holiday schedule previously adopted by CounciL
Motion:
Moved:
To read ordinance by title only
Thayer, seconded by Thompson
TOWN COUNCIL MINUTES #1078
February 7. 1996
6
Vote:
AYES:
Unanimous
Mayor Wolf read, "An Ordinance of the Town Council of the Town of Tiburon Amending in its
entirety Chapter 13 of the Municipal Code (Building Regulations)."
Motion:
Moved:
Vote:
To pass first reading
Hennessy, seconded by Thayer
AYES: Hennessy, Ginalski, Thayer, Thompson, Wolf
L. STAFF & TOWN MANAGER REPORTS
10, BelvederelTiburon Recycling Committee, Town Manager Kleinert gave a brief report on
proposed structure [7 members/3-year terms], Mayor Wolf asked for concurrence with Belvedere
and proposed terms staggered by lottery, Council agreed to interview applicants on February 20
and to make appointments on February 21,
K. COMMUNICA nONS
Town Manager Kleinert asked if anyone was interested in serving on the ad hoc MCCMC PG&E
Committee, Councilmember Thayer said he would work "behind the scenes" but cited a potential
conflict of interest ifhe were appointed, Mayor Wolf asked that the item be agendized for
further discussion,
M. ADJOURNMENT
There being no further business before the Town Council of the Town ofTiburon, Mayor Wolf
adjourned the meeting at 10:42 p,m" to Tuesday, February 20,1996,7:00 p,m,
NICKY WOLF, MAYOR
ATTEST:
DIANE L CRANE, TOWN CLERK
TOWN COUNCIL MINUTES #1078
February 7, 1996
7
HM :/ ()
February 16, 1996
TO
TOWN COUNCIL
FROM:
VICTORIA ARNETI, CHAIR
HERITAGE & ARTS COMMISSION
SUBJECT:
NUMERICAL IDENTIFICATION OF CITY-DESIGNATED
LANDMARKS
Pursuant to my discussion with Roger Felton (see attached letter), the Heritage and
Arts Commission recommends that the Town numerically identify its city-designated
landmarks as follows:
San Francisco and North Pacific Depot (Donahue Building) 001-1976
Lyford's Hygeia Stone Tower
002-1977
Old St. Hilary's Church
003-1979
Brick Kiln Bunkhouse and Yard
004-1995
This states the number and year of designation, Although there are few buildings now,
it establishes an easy identification and a good order for future designation, It also
avoids confusion with other layers of government if a name is changed because the
number will not. It honors our two buildings (Lyford's Tower and Donahue Depot) which
are city-designated landmarks and listed on National Register, and Old St. Hilary's
Church which is a California Point of Interest.
Cordially,
'Ur:'/ntti ~r-<!ZZ:
Victoria Arnett
PS Angel Island was the first Marin County landmark listed on the National Register
in 1972, It is not a city landmark, Perhaps it should be,
cc: Roger Felton
.'
b ,. ;4-.
RECORDING REQUESTED BY
TOWN OF TIBURON
AP No.
AND WHEN RECORDED MAIL TO:
Name:
Street
Address:
City & State:
MAIL TAX STATEMENTS TO:
Name:
Street
Address:
City & State:
QUITCLAIM DEED
THE TOWN OF TIBURON, Grantor, hereby quitclaims to the Belvedere-Tiburon
Library Agency, Grantee, all right, title and interest which Grantor may have in and to
the real property situated in the Town of Tiburon, Marin County, California, and more
particularly described in Exhibit. A. attached hereto and made a part hereof, and as
further illustrated in that drawing attached hereto as Exhibit "B" and made a part
hereof, said property to be used for construction, operation, and maintenance of a
municipal library only, and not to be sold or leased for commercial or private use.
Furthermore, in the event a municipal library is not operating on said property
within five (5) years of the date of recordation of this Quitclaim Deed, or after five (5)
years from the date of recordation of this Quitclaim Deed ceases to be used for the
above-stated purpose, the property shall, at the sole option of Grantor, revert to
Grantor. The foregoing reverter shall not apply to any interruption in library use
caused by fire, earthquake or other event beyond the control of Grantee provided that
Grantee acts promptly and diligently to reinstate library use and provided further that
library use is reinstated within two (2) years from the date of interruption. In the
event that a reversion to Grantor occurs pursuant to this deed after completion of the
proposed library building, any use of said building shall be for the mutual benefit of
the Town of Tiburon and the City of Belvedere.
Grantor hereby reserves from said Quitclaim all right, title and interest to the
property described in Exhibit .C" attached hereto, for purposes of allowing ingress,
egress, and parking associated with construction and operation of a Town Hall on
property owned by the Grantor adjacent to that described in Exhibit" A".
.'
.
This property is conveyed "as-is' with no representation or warranty as tc' the
condition thereof with respect to, without limitation, environmental, geotechnical,
hydrological or other potentially hazardous conditions that may exist on the property.
IN WITNESS WHEREOF, Grantor subscribes its name this _ day of
,1996.
MAYOR
TOWN OF TIBURON
STATE OF CALIFORNIA )
) ss.:
COUNTY OF MARIN )
On , 1996 before me, ,
personally appeared personally known to me, or proved to me
on the basis of satisfactory evidence to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized capacity, and
that by his signature on the instrument the person or the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary
k:\msb\0633\Ol \quitclaim.ded4
,
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,
EXHIBIT "A"
A portion of land of the Town of Tiburon, said portion of land
being all of the lands conveyed by Edward G. Zelinsky and Barbara
Z. Abrams to the Town of Tiburon, a Municipal Corporation, by deed
recorded March 19, 1986, as described in document number 86014119
and a portion of the lands conveyed by Edward G. Zelinsky and
Barbara Z. Abrams to the Town of Tiburon, a Municipal Corporation,
by deed recorded February 1, 1990, as described in document number
9006759, Marin County Records, state of California, said land
described as follows:
Beginning at the most northerly corner of said lands of the Town of
Tiburon, document number 86014119, said corner also being a point
on the southerly right of way line of Mar West street; thence along
the northe,asterly property line of said lands of the Town of
Tiburon, South 65047'32" East, 190.23 feet to a point common with
said lands of the Town of Tiburon, document number 9006759; thence
leaving said point along the northeasterly property line of said
lands of the Town of Tiburon, document number 9006759 South
65047'32" East, 69.51 feet to a point; thence leaving said
northeasterly property line South 36025'08" West, 183.07 feet to a
point on the southwesterly property line of the lands of the Town
of Tiburon, document number 9006759, said point also being on the
northeasterly right of way line of Tiburon Boulevard; thence along
said property and right of way line North 55055'42" West, 68.00
feet to a point common with said lands of the Town of Tiburon,
document number 86014119; thence leaving said point along said
property of said lands of the Town of Tiburon, document number
86014119 and right of way line North 55055'42" West, 128.67 feet;
North 53039'39" West, 39.83 feet to a point; thence leaving said
right of way line along the westerly and northwesterly property
line of the lands of the Town of Tiburon, document number 86014119
and the southeasterly right of way line of Mar West Street North
6037'04" West, 46.31 feet to a point; thence from said point along
a circular curve to the right the center of which bears South
48047'32" East, with a radius of 975.00 feet, through a central
angle of 6004'34", an arc length of 103.40 feet to the point of
beginning.
Containing 41,512 square feet more or less.
[g{ !~ (Q; ~ 0 ~~7' ~ [Q)
FES - 6 1996
TOWN MANAGER'S OFFICE
TOWN OF TIBURON
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PROPERTY USE AGREEMENT
TkM. fo-!.3 .
DRA~i
THIS RIGHT OF ENTRY AGREEMENT {"Agreement"} is made this _ day of
, 1996, by and between THE TOWN OF TIBURON, a municipal corporation
{"Town"} and the BELVEDERE-TIBURON LIBRARY AGENCY, a public agency created
by a joint powers agreement between Town and the City of Belvedere dated April 19,
1995 {"Agency"},
RECITALS
A. Town has conveyed to Agency certain property located at the intersection of Mar
West and Tiburon Boulevard, in the Town of Tiburon, for the purpose of
constructing a public library {"Agency Property"}. The Agency Property is more
particularly described on Exhibit A to this Agreement.
B. The Town intends to construct a new Town Hall on property adjacent to the
Agency Property {"Town Hall Site"}. The Town Hall Site consists of property
currently owned by Town and adjacent property which has been promised to
Town by the current owners,
C, Agency has requested the use of a portion of the Town Hall Site {"Subject
Property"} for temporary activities associated with the construction of the library
and for permanent location of a portion of the parking lot that will be jointly used
by the library and the new Town Hall. The Subject Property is more particularly
described in Exhibit B to this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties
agree as follows:
1. Town hereby grants to Agency the right to enter on and use the Subject
Property as set forth herein, subject to all licenses, easements and other
encumbrances and claims of title affecting the Subject Property,
2. The Right of Entry and Use granted by this Agreement is the right to enter upon
and use the Subject Property to facilitate the construction of the proposed new library
("Temporary Right") and to construct a portion of the parking lot that will be jointly
used by the library and the new Town Hall {"Permanent Right"}. The Temporary Right
shall expire upon completion of the new library or within five {5} years of the date of
this Agreement, whichever is sooner. The Permanent Right shall continue for so long
as the Subject Property is used for a parking lot for the joint benefit of the Town Hall
and the library, unless sooner terminated as set forth in Section 3 or 4 of this
Agreement.
3. A portion of the Subject Property does not presently belong to Town, The Town
expects that title to said portion will be conveyed to it within 60 (sixty) days of the date
of this Agreement This Agreement shall not be effective as to said portion until such
date as it is conveyed to Town. In the event that said that Town does not acquire said
portion within one (1) year from the date of this Agreement, this Agreement shall be of
no further force and effect with respect to said portion.
4, This Agreement is solely to facilitate the construction and operation of the
proposed new library on the Agency Property. Under the terms of the Quitclaim Deed
dated February _' 1996, that conveyed the Agency Property to Agency, ownership of
the Agency Property will revert to Town if the proposed library is not completed in a
timely fashion or if the Agency Property ceases to be used for library purposes. In the
event that ownership of the Agency Property reverts to Town pursuant to the Quitclaim
Deed, this Agreement shall terminate and be of no further force and effect, except that
Sections 6 and 7 shall survive the termination of this Agreement
5. At all times during its use of the Subject Property, Agency will comply with the
following conditions:
A Agency shall not transport to or store on the Subject Property any
material that contains any substances hazardous to human health.
B. Agency shall conduct its activities on the Subject property so as to avoid
unfavorable impact upon the environment, ecology or aesthetics of the
surrounding neighborhood. Agency shall take all required steps to minimize
dust and noise in conformance with neighborhood and governmental standards,
6. Town shall not be liable to Agency for any loss, damage, liability or other claim
or cost, whether for loss of or damage to property, or injury to or death or persons
(collectively, "Claims") which may arise out of any of Agency's use of or activities on
the Subject Property, The foregoing shall include, without limitation, any Claims
caused by or resulting from Agency's disturbance of any hazardous materials on the
Subject Property.
7, To the fullest extent permitted by law, Agency shall indemnify, defend and hold
harmless Town and its officers, agents and employees, against all Claims resulting
from or relating in any manner to the use and occupancy of the Subject Property by
Agency except to the extent that the Claim arises from Town's sole active negligence
or willful misconduct This Section shall apply not apply to Claims asserted against
Town insofar as said Claims arise solely from Town's participation in Agency under
the terms of Town's joint powers agreement with the City of Belvedere, but shall apply
to such Claims insofar as they arise from Town's ownership of the Subject Property.
8, Agency shall not transfer or assign any or all rights or obligations under this
Agreement without the prior written approval of Town and any attempt at such transfer
or assignment shall be wholly void and of no effect
9. The law governing this Agreement shall be that of the State of California,
10. In the event that suit shall be brought by either party hereunder, the trial of such
action shall be in a state court in the County of Marin or, where appropriate, in the
United Sates District Court for the Northern District, San Francisco, California.
11. If any term, covenant, condition or provision of this Agreement, or the
application thereof to any person or circumstance, shall to any extent be held to be
invalid, void or unenforceable by a court of competent jurisdiction, the remainder of the
terms, covenants, condition or provisions of this Agreement, or the application thereof
to any person or circumstance, shall remain in full force and effect and shall in no way
be affected, impaired or invalidated thereby.
12, This Agreement shall not be construed to indicate that Town, acting as a
permitting authority, has hereby granted Agency any approval or permits required by
law for the use of the Subject Property contemplated by this Agreement
13, This Agreement includes the following exhibits, which are attached hereto and
incorporated herein by reference:
Exhibit A
Exhibit B
The Agency Property
The Subject Property
IN WITNESS WHEREOF the parties have executed this Agreement on the date
first above written,
APPROVED AS TO FORM
TOWN OF TIBURON
Town Attorney
Mayor
BELVEDERE-TIBURON
LIBRARY AGENCY
By:
L1BRARY.USE
February 15, 1996
3
TOWN COUNCIL
ST AFF
REPORT
TO:
TOWN COUNCIL
MEETING DATE: 2/21/96
ITEM NO.: -:;
FROM:
SCOTT ANDERSON, sA--
PLANNING DIRECTOR
SUBJECT:
APPEAL OF DESIGN REVIEW BOARD DECISION TO DENY SITE PLAN
AND ARCHITECTURAL APPLICATIONS FOR EXTERIOR ALTERATIONS
AT 13-19 MAIN STREET, 38 MAIN STREET, AND 10 MAIN STREET/1704
TIBURON BOULEVARD
BACKGROUND
At its meeting of February 7, 1996, the Town Council took public testimony on the appeals and
closed the public hearing, The matter was continued to the regular meeting of February 21,1996,
On the advice of the Town Attorney, the Council also scheduled a "closed session" for February
20 to discuss potential litigation related to this matter.
While the public hearing has been closed, Staff will be prepared to respond to any questions from,
or provide clarification for, the Council with respect to any of the issues already raised at the
hearing, These include safety issues and the problem of cumulative effects from additional
proposed ramps for which applications which are on file, but which have not yet reached the
Design Review Board or Town CounciL
One issue raised at the hearing by a representative of Main Street Properties deserves a response
at this time. The issue was whether the Town could require site plan and architectural review
approval (a,k.a" design review) and building permits for the proposed ramps and rails. Staff's
response to this comment is as follows:
I, The applicant is proposing to construct permanent improvements, not only on his own
property, but by encroaching onto the Town's property, The Town of Tiburon, as the local land
use regulatory authority, has the right to require that all reasonable permits necessary to ensure
the public health, safety, and welfare be secured prior to construction of said improvements by a
private property owner on the Town's public land, These permits can and should include design
review, building permits, and an encroachment permit.
2, The permanent improvements proposed by the applicant would be heavily used by the public,
In fact the public would have little choice but to use them, other than stepping into traffic lanes,
Improper, shoddy, or unsafe construction could lead to extreme liability exposure on the part of
the Town. Yet the applicant contends that the Town has no right to require a building permit
TlBURON TOWN COUNCIL
STAFF REPORT
2121,.g(f
1
through which the construction, attachment, and anchoring of the proposed ramps and rails can be
inspected and regulated by the Town's Building Official. Inspection by the Building Official
would also be required to verifY compliance with Title 24, ADA Guidelines, and other applicable
codes,
In conclusion, the Staff believes that the Town has the authority and duty to require site plan and
architectural review, building permits, and encroachment permits for all of the ramps proposed
along Main Street. The Zandvakili application would not require an encroachment permit as it
would not be located on public property,
RECOMMENDA TION
That the Town Council ask any questions of Staff concerning issues raised at the previous
meeting, Planning Department Staff's recommendations as set forth in the February 7, 1996
Staff Report are unchanged,
scott\ada2,rpt
TlBURON TOWN COUNCIL
STAFF REPORT
2/21/96
2
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BELVEDERE- TIBURON LANDMARKS SOCIETY
0- 11.
Po. Box 1:34 BeJVt~(icrc Tihuron. California 94920 415-435-1853
A
-"oll-f'rofill:t>il'ir"hJr
organIZd,.on
February 9 , 1996
Town of Tiburon
Councilmembers,
Commissioners, Staff
Re LOUISE TEATHER DAY
In tribute to the Marin historian and journalist, who spent fifty
years researching and writing local stories~ Sunday April 14, has been
designated LOUSlE TEATHER DAY by the Landmarks Society.
There will be a short program starting at 1 pm at the Donahue
Building which will include the dedication of a plaque telling the story
of the railroad-ferry system and acknowledging that the San Francisco &
North Pacific Railroad depot is listed on the National Register of Historic
Places. Early railroad photos will be on exhibit.
Following the brief ceremony, in which the Town of Tiburon will be
represented by the Mayor, the memorial tribute to Mrs. Teather will continue
at the other landmarks she helped save as a founding director of the Society.
They are Old St. Hilary's, Tiburon, and the Social Saloon of the SS CHINA,
Belvedere.
Parking will not be available at the depot, only curb space for
passengers. It is limited at all landmarks. Wear walking shoes and enjoy
a stroll with bay views.
Members of the Council and Commissions are invited to attend the
programs at the landmarks and to pay your respects to Louise Teather by
recognizing her contribution to the preservation of the Tiburon Peninsula.
April 14 is the official opening of the Landmarks for the season April
through October, Sunday and Wednesday afternoons from 1 to 4 o'clock.
~~
G. Roger Felton, President
l~vH~
Beverly ~right_ Bastian, Honorary President
Honor<l!)' PfCSidcll1:, Bcvcrl\' \Vrigllt HilSliall. Ilollorilry ;..!('flllx-fS: Hose H. Verrilli., Tholtlas M. Lilcey, Cilroline S, LiVl'rnK)ft'*, Thomas B. Crowley.,
WIIIJ,UIl H. D. and [)orolhv Culhtx'nsofl*. .\1i1r1lJl\ P ,-\1]('11*, Winilrn! B. .\lIel1*. Eli7..iltX'111 Tcrv"illigf'f, Hrilloll H('v*, I'eler Belir, Helen (i. B(XlIIl*,
(iordoll \V. SltillA'llridgc*, Bussell (lml 13enlidcl Kcil, Frederick ilnd JUilnita Zdinskv*. Miriam 13, Grbac. ,\dmircll'c. N. Pavne, Jr.*. phvllis Ellman,
TI10IlldS* and J(,clllne Prict'. Milfiil WOOdwiHd, Ht'j('n Newll1;;lrl*. David* ilnd LOIJise T('ilIllf"r, David Allen, Ilowilrd Allen, Er"win Farlc\-',
Esther ~tcy.t'r. l3nrbma Gnos-'i. Rol:x-n Van BI<lricom. Shirley MilChI'll, Edwilrd (i Zelinsky, Gcorge Gnoss. Bon Hyland. *[)eceaS(~1
(j)
~,~
BELVEDERE- TIBURON LANDMARKS SOCIETY
t- 4.
Po. Box 134 8elvedf're Tiburon. California 94920 415-435-1853
A
!\o"-ProfiICI1,,rilal,lc
()rganizill1nn
February 9 , 1996
Town of Tiburon
Councilmernbers,
Commissioners, Staff
Re LOUISE TEATHER DAY
In tribute to the Marin historian and journalist, who spent fifty
years researching and writing local stories, Sunday April 14, has been
designated LOUSIE TEATHER DAY by the Landmarks Society.
There will be a short program starting at 1 pm at the Donahue
Building which will include the dedication of a plaque telling the story
of the railroad-ferry system and acknowledging that the San Francisco &
North Pacific Railroad depot is listed on the National Register of Historic
Places. Early railroad photos will be on exhibit.
Following the brief ceremony, in which the Town of Tiburon will be
represented by the Mayor, the memorial tribute to Mrs. Teather will continue
at the other landmarks she helped save as a founding director of the Society.
They are Old St. Hilary's, Tiburon, and the Social Saloon of the SS CHINA,
Belvedere.
Parking will not be available at the depot, only curb space for
passengers. It is limited at all landmarks. Wear walking shoes and enjoy
a stroll with bay views.
Members of the Council and Commissions are invited to attend the
programs at the landmarks and to pay your respects to Louise Teather by
recognizing her contribution to the preservation of the Tiburon Peninsula.
April 14 is the official opening of the Landmarks for the season April
through October, Sunday and Wednesday afternoons from 1 to 4 o'clock.
~~
G. Roger Felton, President
1~'W-1'~
Beverly Wright Bastian, Honorary President
I hlll()[df)' Prcsld("J)I: B{'vcrly wrigi11 BilSliiUl, I hlllOrill)' MC1TlI)(:rs: Hose H. \'{OrmJl*. TholllilS M. L(-IU'\,. (:ilnl!ine S, Livcrrnore*. Thomas B. (:nlwJt'v*.
William It [) doll llorothy CUlhtX'rlson*. :>'_1driofl P .\lIcll*,. \\'initrcd B. :\lIcl1*: EJi?iltxlll '[('f\'\Iilli~.i{'r. Brill01l Ikv*, Peter Bdlr. Helen (i_ B(XlIIl*,
(;ordun W, Slrdwlmdgc*, Bussell iJnd Berrllde! Kel!. Fwd('rIl k iUld JlldlUld Zeltnsky'*. Minillll B. GrbilC, i\drniral C. N, Pay'nt'. Jr-, PllylliS Ellman.
Tll0lllilS. afl{j )Cdfllle Price. Maria \V()odward. 11{'lell NeWrTlilll*. Dil\'id* and I.ouise Teillhcr, [);lvid Allen, /lowi1rd (\lIen, Erwin/'ar[{'v.
ESllx'r \lcy('r. I\ar/hlr;l (;flOSS, I{(llx'n Van IJlilri{"()rI1. Sllirk'y \-liltllt'll. l::dwdrt! G. Zetirlsky, George Gnt)ss, /{Ofl nylCUK! *1 ){'{:eaS(~(1
, f"f/-.
RESOLUTION NO. --_
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON COMMEMORATING
LOUISE TEATHER
FOR FIVE DECADES OF SELFLESS WORK AND CONTRIBUTIONS TO THE
HISTORIC PICTURE OF THE TmURON PENINSULA
WHEREAS, Louise Teather was born in Kentucky, but came to settle in Tiburou
with her husband, David, after World War n,
WHEREAS, Louise soon became drawn to the history of the Tiburon Peninsula and
combined this interest with her solid journalism background to write articles and historic
pieces for various publications, as well as three books, considered to be definitive works on
certain historical aspects of Marin County and the Tiburon Peninsula,
WHEREAS, in 1972 the Town appointed Louise to the official post of Town
Historian,
WHEREAS, because Louise Teather was a gifted writer and an insightful historian,
the Town and schools often availed themselves of her accumulated knowledge and utilized
her skills as an advisor for a variety of historical projects,
WHEREAS, Louise helped to establish the first community picnic known as Ayala
Day, co-founded and served as historian for the Landmarks Society, and was continually
active in community affairs throughout 50 years on the Tiburon Peninsula,
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon does hereby join with the Belvedererriburon Landmarks Society in proclaiming
April 14, 1996 as Louise Teather Day in Tiburon, to be marked with appropriate activities
and celebration in grateful appreciation of her many contributions.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on February 21, 1996, by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
NICKY WOLF, MAYOR
ATTEST:
DIANE L. CRANE, TOWN CLERK
f?,.:],~J,\~\ BELVEDERE- TIBURON LANDMARKS SOCIETY
~ Po. Box 134 Belv.,cJcreTilJuron, Califor",,, 94920 415-435'1853
f-
IJ
^
i';,,.,-Profit(]ldritahl,,
(),gan"dlion
February 9, 1996
Mayor and Councilmembers
Town of Tiburon
Re 841 Tiburon Boulevard, the Newman Bequest
The acreage with the historic brick kiln bunkhouse is a gift to the
Tiburon Peninsula community held in trust by the Landmarks Society. Helen
Newman's will specifies that it be preserved as open space and used as an
art and garden center for public pleasure.
Mrs. Newman died in 1993. At that time with tacit approval of Town
officials the Society accepted the responsibility of the bequest. We
successfully defended a challenge to the will and paid $40,000. in defered
taxes. Initial steps have been taken with the help of volunteer master
gardeners and professional pro bono services to protect the property. There
also has been a cornmittment costing $20,000. to join the sanitary district.
Before the Society spends more time and money, it is necessary to have
official Town approval in principal for the Newman acre and house to be used
as an art and garden center for educational and recreational purposes.
Since this is a charitable undertaking and the financial expenditures
can never be recovered, it is not practical nor prudent to prepare the
necessary detailed documents for a use permit if there is any possibility
that the concept will not be approved.
The Board pf Directors understands that regular procedures need to be
followed. We have no doubt that the plans and problems can be solved to the
mutual satisfaction of all parties if in the beginning it is clearly understood
that use in perpetuity is to be a conservation and preservation project in the
form of an art and garden center.
Any alternative use, which must be approved by the Marin Superior Court,
could and would result in the property being subdivided, the destruction of old
and rare trees and the loss of a community, cultural resource.
Mrs. Newman, an ardent conservationist who served on Marin's first parks
commission and Tiburon's first planning commission, was well aware of the
million dollar value of her land strategically located on Tiburon Boulevard
with an unobstructed view of Richardson Bay and Mt. Tamalpais and ideally suited
for public use. She asked the Landmarks Society to be responsible because it
is the only local organization dedicated to historic preservation and the
conservation of natural resources. As a charter and honorary member, she knew
of the Landmarks success in restoration and use of other landmarks and wide
support of the Society by residents of Tiburon and Belvedere.
The Board of Directors requests the official support of the Town Council
IIOrlorilly' Presidcnt: Beverly Wright Basti,l[l, Ilollormy MCllllwrs: Hose It \'('rrall*, TllorTlils \1. Ld('Cy', Cilrolirw S. Livcrmore.. Ttlomas B. cro\\-'ley".
WiUidrll H. D. ilnd [)or()ltl~' Cuthhertson.. \lmion /'. .-\tlt'n.. Winilrcd B, .\tJen". Elizdbeth Terwilliger. Britton Ht'v., Pefer Bellr, Ildcll (i, Booth.,
(,ordon W. Str,lwbridgc., Hussell ilnd Bt'Olidcl Keit, Frederick iltld JIJiUlil,1 Zelinsky.. Miri,lrll B. Grbac, ;\drnirill C. N, Pflym'. .lr... PIWltiS Ellman,
rtH)rlms. dnd JeannC' Price, Maria Woodward, Ilden Ne\\-.tllclll., [l,l\'id" and Louise Tt',ltllt'r. [),lvid Allen, Iloward :\lIen. Erwin Farle\-'.
F-"'lller ~leyt'r, Barbaril GIlOSS. Hobert Van Btaricotll, shirtey Milchell. Edwmd (~. zelinsky, George GtlOSS, HOIl HylwK1 "1)('c("aSt~d
Tiburon Town Council
page 2
Landmarks Society ,
f'-6.
in the approval of (one) the concept of an art and garden center at 841 Tiburon
Boulevard, (two) the waiver of all permit, license and technical fees, (three)
cooperation in expediting the process of planning and building permits.
Submit ted by
~I~~
Beverly W. Bastian, Project Director
on behalf of the Landmarks Society Board of Directors
Andrew Allen, Vice President
Nancy van Ravenswaay, Secretary
Midge Moore, Treasurer
Patricia Bertrand
Bryan Chapman
Marty Gordon
Richard Griffith
Paul Kraus
Hildegard Manley
Phyllis Schumacher
Sylvia Steele
Chuck Taylor
Tom Belton
,;~LA~-1~tr\,
~
~.-
f~ {J,
BELVEDERE- TIBURON LANDMARKS SOCIETY
Po. Box 1:34 BclvcdcfcTiburon, CuJifornia 94920 415-435~1853
^
',ol1.I'mfir(:harrrahl"
()r.l!.dn'7.ilrion
February 9, 1996
Tiburon Councilmembers, Planning and Design Review Commissioners
Tiburon Manager and Staff
You are cordially invited for a guided tour of the Newman property
at 841 Tiburon Boulevard, proposed site for a community art and garden center,
on Saturday or Sunday mornings, February 17 and 18, at 9:30 a.m.
Please call the Landmarks office to indicate which day you will be able
to participate.
Although there is parking on the wide shoulder of the boulevard and some
space on the property it is suggested that you arrange car pools.
The house is presently occupied by a caretaker, Dave Mansir, Tiburon
fireman, and his family. Please respect their privacy.
/~~
G. Roger Felton, President
~Af ~ '- .
/- - -J/}1/...-fdU4/'''o"
Beverly W. Bastian, Project Director
! 1()1l0lilf)' President: Heverly' wrigtlll~lSliilJL IlolltJriH)' Memhers: Hose H. Verrall.. Thorn,ls M. Lil{'('V, Caroline S. Liw'rrnore*, T!lOrlkIS B. (:rowlev*,
WilliiUll R D. drKi D( lroltl\' Ctnhhcrlsol1*, ,"vl,lrioll P .-\]jell., Winiff{'fl 1'., ,\!lc '11. , Elizabeth TefVo.-'illig('r. Brilloll /{ev., Peter BetH, Ilden (i. 1'.00111.,
(;onlon W. Strawbridge., /{ussell ilnd Benlil!ct Keil, I'wderick illld JUilnilil Zelinsky.. Miriarll B, <,rhac .\dmirill'C N. P(ly'ne, Jr.*, !'tlyHis Ellman,
TholT1ilS. alltl Je,HIIl{' Price, Maria Wool!w,lf(/' ! leiI'll Ncwll\;lI1*, David. and Louise Tc,lltl<'r, David Allell, Ilow,lr<i AII('fl, Erwill FClflcy,
Es1l1cr ~l~y('r. Bartklr,l (,noss, Hohen Van Bldricorn, Silirlev Mildl('IL Edw,lffl Ci, Zelinsky. C,corge <-,noss, Bon Hslilnd *Ikceased
TOWN OF TIBURON
STAFF REpORT
ITEM NO,
c;
To:
From:
Subject:
TOWN COUNCIL
TOWN ENGINEER
LEFT-TURN POCKET ON BLACKFIELD DRIVE AT REEDLAND WOOD'S
WAY: VISTA TIBURONPROJECT
February 16, 1996
Date:
BACKGROUND
Due to a neighborhood concern, I investigated the need for the left-turn pocket that had
been installed on Blackfield Drive at Reedland Woods Way to satisfy the conditions of approval
for the Vista Tiburon project.
The neighbors' concern is that the installation of the left-turn pocket has created a safety
issue for their driveways, as well as eliminated their only available street parking, The
requirement for the left-turn pocket stemmed from the fact that the original proposal had 30
homes off of Reedland Woods Way and the intersection was more of a Y-intersection than a 90-
degree intersection, The concerns raised in the E, LR. were that people might cut through the
intersection by encroaching onto the incoming traffic and create a hazard. However, as plans
were further developed, the number of homes on Reedland Woods Way was reduced to 10 and
the angle of the intersection became closer to 90 degrees. Since the left-turn pocket design was
never revisited, and was included in the final improvements plans, it was eventually installed,
RECOMMENDATION
I. That we eliminate the left -turn pocket and re-stripe a double yellow centerline on
Blackfield Drive with a break at the intersection with Reedland Woods Way.
2, That we add raised pavement markers along the centerline for a 15' length up to the
break in the centerline in order to direct vehicles to the center of the intersection before they make
a left turn move.
3, That the recently painted red curbs be modified under the direction of the Town
Engineer to provide street parking, (' .
Sia Mohammadi 2fl b
Town Engineer
TOWN COUNCIL STAFF REPORT
To:
TOWN COUNCIL
FINANCE DIRECTOR
Meeting:
FEBRUARY 21,1996
# I [)
From:
Item No:
Subject:
FISCAL YEAR 1995/96 INTERIM BUDGET REPORT _
YEAR-TO-DATE JANUARY 31,1996
Backl!round:
This item is to provide Town Council with an interim budget report concerning the Town's
General Fund and Capital Improvement Program Budgets for the fiscal year ending June 30,
1996. Attached for review is year-to-date (January 31, 1996) fiscal and status information
concerning the Town Budget and General Fund Reserve and Other Restricted and Redevelopment
Funds for fiscal year 1995/96.
Discussion:
In the following pages discussion will be presented in the following sections:
1. Overview of Fund Balances
General Fund & Designated Reserves
Other Restricted Funds
Redevelopment Agency Funds
2. Overview of General Fund Operating Budget
3. General Fund Revenues
4. General Fund Expenditures
5. Capital Improvement Program
Street Improvements
Drainage Improvements
Community Development Improvements
Redevelopment Agency Improvements
Recommendations:
Town Council receive Staff Report.
Page-1
1. Overview of Fund Balances
The following Tables (1.a., I.b. I.c.) present fund balance status information for the General Fund
and its Designated Reserves, Other Restricted Funds, as well as the Redevelopment Agency
Funds, respectively.
Table La.
Overview of General Fund & Designated Reserves Balances
Year-to-date data shows that for the combined General Fund & Designated Reserves the current
balance is $3,116,600; the estimated combined closing balance is $1,986,000. The year-to-date
General Fund Unallocated (Operating Fund) balance is $914,000 which is less than the estimated
closing balance of$I,091,200 because of regular lags and timing in receiving certain revenues.
1 a General Fund & Reserves
Year-to-date Estimated
Beginning Revenues Expenditures January Closing
Balance & Sources & Uses 1996 Balance
01 General Unallocatcd 1,358,500 1 ,801,300 2,245,600 914,200 1,089,400
03 Employee Compensated Leave 211,300 30,000 14,400 226,900 226,900
09 New Town Center 1 ,347,300 1,000 64,300 1,284,000 3,300
71 SelfInsllrance 160,900 25,000 9,200 176,700 173,700
72 Capital Equipment Replacement 131,600 210,100 107,400 234,300 270,700
85 Park Development 76,700 69,200 136,500 9,400 3,000
91 Streets & Drainage 87,400 180,000 18,500 248,900 213,900
94 Capital Outlay 50,700 0 28,500 22,200 5,200
Total General Fund: S 3,424,400 S 2,316,600 $ 2,624,400 $ 3,116,600 $ 1,986,100
o New Town Center Reserve: expenditures have been for initial study and contract architectural costs.
o Capilal Equipment Replacement Reservc: expenditures have been for planned Department equipment replacement
purchases, Fund "revenues" are allowances charges to operating Department budgets.
o Park Development Reserve: expenditures have been primarily for Blackie's Pasture parking area, landscaping and drainage
improvements. As planned, funds have bccn transferred to a new Tiburon Playground Fund.
o Capital Outlay Reserve: expenditures have been for repair of the downtown Corinthian Stairs; additionally, up to $17,000
is authorizcd for use ill the impcnding Harroman Propcrty opcn space acquisition.
Page-2
1. Overview of Fund Balances
Table Lb.
Overview of Restricted Capital Projects & Special Revenue Fund Balances
Year-to-date fund balance information is indicative of the fact that many Capital Improvement
Program projects have not yet been fully undertaken or completed - streets, drainage, New Town
Center construction, the Harroman Open Space Acquisition - therefore, year-to-date fund
balances are in many cases well in excess of estimated final balances.
l.b. Other Restricted Funds
Year-to-date Estimated
Beginning Revenues Expenditures January Closing
Balance & Sources & Uses 1996 Balance
31 Police Asset Forfeiture 7,600 6,000 1,400 12,200 12,200
75 Property Development Tax 152,600 13,500 4,300 161,800 41,400
81 Flood Plain 259,900 7,600 0 267,500 150,200
83 LowfModerate Housing 726,400 40,400 3,400 763,400 803,400
84 Tiburon Playground 6,000 100 0 6,100 5,400
86 Opcn Space Acquisition 476,800 13,900 0 490,700 14,700
88 Tiburon Boulevard Improvement 125,100 9,900 0 135,000 140,700
89 Tiburon Blvd IOI-Wye Imprv. 65,800 1,900 0 67,700 69,600
90 State Gas Tax 172,200 101,600 9,900 263,900 116,100
96 Marsh Restoration 121,300 3,200 23,900 100,600 103,600
97 Street Frontage Improvement 8200 200 1,000 7,400 7,600
Total Restricted Funds: S 2,121,900 S J 98,300 $ 43,900 $ 2,276,300 1$ 1,464,900 I
o Property Development Tax Fund: the planned transfer of$125,000 for the New Town Center Project has not been
implemented as of January 31, 1996
o Flood Plain Fund: the planned transfer of$125.000 for the New Town Center Project has not been implemented as of
January 31, 1996
o Open Space Acquisition Fund: delay in the planned purchase of the Harroman Property has allowed the Fund to earn
additional investment earnings.
o State Gas Tax Fund, most projects will be undertakcn in Spring, rcvcnues include interest and the State Gas Tax subvention
which arc received monthly.
o Tiburoll Boulevard 10 I-Wye Intersection Improvement Fund: resources are to be used as directed by the county for
improvements near Highway 10 I.
o Street Frontage Improvement Fund: resources have been used for study of downtown-area access improvements.
Page-3
1. Overview of Fund Balances
Table l.c.
Overview of Redevelopment Agency Fund Balances
Table data shows that tax increment revenue to each fund in pending distribution from the county,
and the capital improvement projects of the Housing Fund are in progress. The Housing Set-
Aside Fund has a year-to-date balance of nearly $922,000, however both projects are underway
and the current estimated closing balance is approximately $587,000.
I.c. Re evelopment Agency Funds
Year-to-date Estimated
Beginning Revenues Expenditures January Closing
Balance & Sources & Uses 1996 Balance
12 General Unallocated 40,200 5,100 100 45,200 61,700
13 Employee Compensated Leave 979,200 62,100 120,200 921,100 587,100
Total Redevelopment Agency: $ 1,019,400 $ 67,200 $ 120,300 $ 966,300 1$ 648,800 I
d
o Housing Set-Aside Fund: approximately 5843,000 is reserved for t\VQ improvement projects - EAHlCecilia ($684,700) and
TEAiHilarita ($158,000).
Page-4
2. General Fund Operating Budget - Overview Statement of Revenues & Expenditures
All revenues and expenditures are estimated to June 1996; current projections result in an
operating deficit of approximately $56,000, which will be completely offset by the application of
$129,000 in PERS Surplus Assets. The estimated Fund Balance on June 30,1996 is $1,091,200.
1995/96
1993/94 1994/95 Estimated
Actual Actual Budget Year-to-date Closing
1 REVENUES
Taxes 1,634,400 1,803,578 1,756,000 1,018,000 1,756,000
Franchise Fees 231,400 240,572 247,000 84,900 247,000
Fines & Penalties 82,100 115,634 123,000 57,500 118,000
Investment Earnings 96,100 174,884 130,000 95,000 150,000
Other Agency Revenues 341,200 329,906 323,600 184,700 320,100
Licenses & Permits 375,600 384,550 369,600 146,600 368,500
Current Service Charges 229,700 218,795 214,800 126,000 214,400
Other Revell LIes 318.900 258,492 74,000 30,400 62,700
TOTAL REVENUES: $ 3,309,400 $ 3,526,411 $ 3,238,000 $ 1,743,100 $ 3,236,700
2 EXPENDITURES
Town Council 8,400 9,900 13,700 8,900 13,700
Town Attorney 292,700 203,100 172,400 109,800 180,000
Town Administration 552,300 534,400 573,200 350,300 573,200
Planning 195,500 185,300 205,100 116,200 216,000
Design Review 100,500 102,300 98,100 61,500 102,000
Building Inspection 129,200 203,800 175,400 96,500 175,000
Police 1,390,000 1,456,800 1,518,500 866,300 1,518,500
Public Works-Streets 377,500 343,100 314,800 204,200 325,000
Public Works-Parks 128,600 102,700 150,700 91,500 152,000
Town Engineer 31,200 37,800 33,600 0 33,600
Town Commissions 3,100 5,800 4,000 400 4,000
I TOTAL EXPENDITURES: I $3.209.000 1$ 3,185,000 1$ 3,259,500 $ 1,905,600 $ 3,293,000
3 OPERATING NET: $ 100,400 S 341,411 $ (21,500) $ (162,500) $ (56,300)
4 OTHER SOURCES (USES)
Equipment Allowance (72) (127.000) (127,000) 0 0 0
Equipment Pun.:hascs (72) 72.400 83,980 0 0 0
PERS Surplus Assets 339.700 259.030 132,600 58,200 129,000
Transfers Qui (251.000) (56,600) (340,000) (340,000) (340,000)
TOTAL SOURCES (USES): S 3..:j.,100 $ 159.410 $ (207,400) $ (281,800) $ (211 ,000)
5 FUND BALANCE, Opening $ 720,600 S 857,700 IS 1,358,521 1$ 1,358,521 I $ 1,358,521 I
FUND BALANCE, Closing $ 857,700 $ 1,358.521 1$ 1,129,621 I $ 914,221 I $ 1,091,221 I
Page-5
2. General Fund Operatinl!; Budl!;et - Overview Statement of Revenues & Expenditures
All revenues and expenditures are estimated to June 1996; current projections result in an
operating deficit of approximately $56,000, which will be completely offset by the application of
$129,000 in PERS Surplus Assets. The estimated Fund Balance on June 30, 1996 is $1,091,200.
1995/96
1993/94 1994/95 Estimated
Actusl Actual Budget Year-to-date Closing
I REVENUES
Taxes 1,634,400 1,803,578 1,756,000 1,018,000 1,756,000
Franchise Fees 231,400 240,572 247,000 84,900 247,000
Fines & Penalties 82,100 115,634 123,000 57,500 118,000
Investment Earnings 96,100 174,884 130,000 95,000 150,000
Other Agency Revenues 341,200 329,906 323,600 184,700 320,100
Licenses & Permits 375,600 384,550 369,600 146,600 368,500
Current Service Charges 229,700 218,795 214,800 126,000 214,400
Other Revenues 318,900 258,492 74,000 30,400 62,700
TOTAL REVENUES: $ 3.309.400 $ 3.526,411 S 3,238,000 $ 1,743,100 $ 3,236,700
2 EXPENDITURES
Town Council 8,400 9,900 13,700 8,900 13,700
Town Attorney 292,700 203,100 172,400 109,800 180,000
To\vn Administration 552,300 534,400 573,200 350,300 573,200
Planning 195,500 185,300 205,100 116,200 216,000
Design Review 100,500 102,300 98,100 61,500 102,000
Building Inspection 129,200 203,800 175,400 96,500 175,000
Police 1,390,000 1,456,800 1,518,500 866,300 1,518,500
Public Works-Streets 377,500 343,100 314,800 204,200 325,000
Public Works-Parks 128,600 102,700 150,700 91,500 152,000
Town Engineer 31,200 37,800 33,600 0 33,600
Town Commissions 3,100 5,800 4,000 400 4,000
I TOTAL EXPENDITURES: I $3209.000 1$ 3,185,000 I $ 3,259,500 $ 1,905,600 $ 3,293,000
3 OPERATING NET: $ 100,400 $ 341,411 $ (21,500) $ (162,500) $ (56,300)
4 OTHER SOURCES (USES)
Equipment Allowance (72) (127.000) (] 27,000) 0 0 0
Equipment Purchases (72) 72,400 83,980 0 0 0
PERS Surplus Assets 339.700 259.030 132,600 58,200 129,000
TransfcrsOuI (251.000) (56.600) (340,000) (340,000) (340,000)
TOTAL SOURCES (USES): $ 34,100 $ 159,410 $ (207,400) $ (281,800) $ (211 ,000)
5 FUND BALANCE, Opening S 720,600 $ 857,700 1$ 1,358,521 1$ 1,358,521 I $ 1,358,521 I
fUND BALANCE, Closing $ 857,700 $ 1,358.521 1$ 1,129,621 1$ 914,221 I $ 1,091,221 I
Page-5
3. General Fund Revenues
This section includes summary information concerning year-to-date and estimated closing totals
for General Fund Operating Revenue.
Summary data shows that year-to-date revenue is $1,743,100 or approximately 54% of budget.
Estimated closing revenue is currently $3,236,000 or 99% of budget.
3
G
IF dO
R
S
.a. enera un Jperatme; evenue - ummary
1995/96
1993/94 1994/95 Estimated
Actual Actual Budget Y ear~to-date Closing
I Taxes t ,634,400 1,803,578 1,756,000 1,018,000 1,756,000
2 Franchise Fees 231,400 240,572 247,000 84,900 247,000
3 Fines & Penalties 82,100 115,634 123,000 57,500 118,000
4 Investment Earnings 96,100 174,884 130,000 95,000 150,000
5 Other Agency Revenues 341,200 329,906 323,600 184,700 320,100
6 Licenses & Permits 375,600 384,550 369,600 146,600 368,500
7 Current Service Charges 229.700 218,795 214,800 126,000 214,400
8 Other Revenues 318,900 258,492 74,000 30,400 62,700
TOTAL REVENUE:
I $ 3.309,400 I $ 3,526,411 II S 3,238,000 I $ 1,743,100 I $ 3,236,700 I
Summary Notes Concerning General Revenues
Taxes: Property Taxes are projected to be as-budgeted. Sales Taxes are up for the first two
quarters, however the closing of Safeway and the Standard 5-10 may result in a decrease in the
final 2 quarters. Transient Occupancy Taxes have exceeded budget for the 1st and 2nd quarters.
Transfer Taxes are currently as budge1ed
Franchise Fees: These revenues are lagged, particularly PG&E which is received in Spring. Mill
Valley Refuse, PG&E and Viacom revenues are projected as budgeted-for.
Fines & Penalties: Vehicle and Parking Code revenues are lagged 4 to 8 weeks. These revenues
are currently projected to be slightly less than budge1ed-for. Parking may be less than budget due
to timing in shifts in personnel.
Investment Earnings: II is currently estimated 1hat interest earnings will exceed budget by
$20,000, which is due to continued earnings on unexpended Reserves and an interest rate that has
remained near 5.75%.
Other Agency Revenue: Most revenues are as budgeted-for. The Abandoned Vehicle monies
which will be discontinued by the State of California resulting in a loss of funds of$3,500.
Page-6
3. General Fund Revenues
Licenses & Permits: Some revenues are lagged - Business Licenses, Alarm System Permits, Mar
West Parking Permits, and wi1h the excep1ion of Business Licenses, are projected as budgeted.
Business License revenue may lag because of the closing of Standard and the reloca1ion of some
businesses. Building cons1ruction related revenues are at or near budget, and are projected as
budgeted-for.
Current Service Charges: These revenues are currently projected to be slightly less than
budget, primarily because of the current level of plan checking and RBR activity. Design Review
fees are currently estimate to exceed budget.
Other Revenues: Are projected to be nearly $13,000 less than budget. Redevelopment
Adminis1ration Fees are estimated 10 be as budgeted, however 1he projection for Other Revenue
has been reduced by $15,000 form budget.
Table 3.b. provides information for selected operating revenues.
3.b. Selected General Fund Revenues
1995/96
1993/94 1994/95 Estimated
Actual Actual Budget Year-to-date Closing
1 Property Taxes 983,494 956,860 985,000 547,500 985,000
2 Sales Taxes 382,936 373,548 390,000 240,400 390,000
3 Transient Occupancy Tax 157,197 228,300 220,000 139,400 220,000
4 Real Estate Transfer Tax 73,953 76,103 65,000 38,700 65,000
5 State Motor Vehicle Fees 265,091 288,061 281,000 172,000 281,000
6 Building Permits 152,173 145,271 140,000 84,500 142,000
7 Design Review 82,278 84,336 85,000 61,900 90,000
8 Plan Checking 63,551 55,755 65,000 25,500 60,000
9 Investmenl Earnings 96,046 174,884 130,000 95,000 150,000
Total Selected Revenues: $ 2,256,719 $ 2,383,118 $ 2,361,000 $ 1,404,900 $ 2,383,000
All other general revenues: 1.052,399 1,143,293 877 ,000 338,200 853,700
Total Operating Revenue: $ 3,309,118 $ 3,526,411 $ 3,238,000 $ 1,743,100 $ 3,236,700
Page- 7
4. General Fund Expenditures
Summary data in Table 4.a. indica1es that projected expenditures will exceed budget by
approximately $34,000. This is primarily due to increased costs associated with JPA costs - Storm
Water Runoff and Congestion Management, there are also additional costs associated with Town
Attorney litigation and contract legal services costs. Of note, and as previously indicated in
Section 2., all non-police retirement costs (approximately $132,000) will be offset by PERS
Surplus Asse1s, which will mitigate the projected shortfall.
4.a. General Fund Ooeratin~ Exoenditures
1995/96
1993/94 1994/95 Estimated
Actual Actual Budget Year-to-date Closing
1 Town Council 8,400 9,900 13,700 8,900 13,700
2 Town Attorney 292,700 203,100 172,400 109,800 180,000
3 Town Administration 552,300 534,400 573,200 350,300 573':00
4 Planning 195,500 185,300 205,100 116,200 216.000
5 Design Review 100.500 102,300 98,100 61,500 102,000
6 Building Inspection 129,200 203,800 175,400 96,500 175,000
7 Police 1,390,000 1,456,800 1 ,518,500 866,300 1,518,500
8 Public Works-Streets 377.500 343,100 314,800 204,200 325,000
9 Public Works-Parks 128,600 102,700 150,700 91,500 152,000
10 Town Engineer 31,200 37,800 33,600 0 33,600
11 Town Commissions 3,100 5,800 4,000 400 4,000
TOTAL EXPENDITURES:
$3,209,000 I $ 3,185,000 II $ 3,259,500 I $ 1,905,600 I $ 3,293,000 I
Summary Notes Concerning Operating Expeuditures
Town Council: As budgeted-for.
Town Attorney: Projected to exceed budget by $8,000, primarily because of additional Outside-
Litigation costs and the costs associated with interim contract legal services.
Town Administratiou: As budgeted-for.
Planning Division: Projected to be over-budget by nearly $11,000, which is due to the added
cost of the Congestion Management JPA ($11,000).
Design Review: Projec1ed to be over-budget by $3,000, because of cos1s associated wi1h
contract personnel (for Assistant Planner and other Design Review Planner.)
Building Inspectiou: Projected to be as budgeted-for.
Page-8
4. General Fund Expenditures
Police: Projec1ed to be as budgeted-for.
Public Works Streets: Projected to be over budget by $16,000, and primarily due to increased
costs of the Storm Water JPA ($21,000 v. $9,000) and other streets materials, and operating
supplies costs.
Public Works Parks: Projected to be slightly over-budget, by $1,300, because of increased tree
maintenance costs.
Town Engineer: Projected to be as budgeted-for.
Town Commissions: Projected to be as budgeted-for.
Page-9
5. Capital Improvement Pro~ram
This section includes tables which provide summary fiscal and descriptive information concerning
the adopted capital improvement projects for fiscal year 1995/96. The data is organized by tables,
according to the CIP budget programs: Streets Improvements, Drainage Improvements,
Community Development Improvements and Redevelopment Agency Improvements.
5.a. Street Improvements
Project Funding Source Budget Expended Unexpended
1 Miscellaneous State Gas Tax 20,000 3,000 17,000
2 Esperanza State Gas Tax 10,000 0 10,000
3 Centro West State Gas Tax 42,500 0 42,500
4 Stewart Drive State Gas Tax 10,000 0 10,000
5 Lyford Drive Stale Gas Tax 45,000 0 45,000
6 Mar East State Gas Tax 26,300 0 26,300
7 Terrace State Gas Tax 4,700 0 4,700
8 Palmer Court State Gas Tax 7,000 0 7,000
9 Sommer Court Stale Gas Tax 4,000 0 4,000
10 Mara Vista State Gas Tax 21,000 0 21,000
11 Eastview State Gas Tax 25,000 0 25,000
12 Southridgc/Cayford State Gas Tax (50% 20,000 6,925 13,075
Easement Drainage)
Total Street Improvements $ 235,500 $ 9,925 S 225,575
o Most Streets Projects are open and will be engineered and completed during the Spring Quarter.
S.b. Drainage Improvements
Project Funding Source Budget Expended Unexpended
1 Miscellaneous Streets & Drainage 5,000 2,895 2,105
2 Greenwood Beach Road Streets & Drainage 82,500 0 82,500
Easement Property owners
3 Corporation Yard RunotT Streets & Drainage 2,100 0 2,100
4 SOllthridgc/Cayford Streets & Drainage (50%) 20,000 15,651 4,349
Easement Gas Ta:'\
T olal Drainage $ 109,600 $ 18,546 $ 91,054
Improvements
o The Grcenwood Beach Road DraillageiEaselllcllt Projl"ct will probably be undertakcn in Spring J 996.
Page-10
5. Capital Improvement Program
S.C. Community Development Improvements
Project Funding Source Budget Expended Unexpended
1 8clveron Mini Park Park Development 1,500 0 1,500
2 Blackie's Pasture Park Development IDA, 86,500 78,774 7,726
SBA Grants
3 Corinthian Stairs Capital Outlay 30,000 28,452 1,548
4 Marin Renters Rebate LowlModerate Housing 3,300 3,300 0
5 Marsh Maintenance Marsh Restoration 25,000 23,850 1,150
New Towll Center Flood
6 New Town Center Plain Interest Propcny 1,595,000 64,253 1,530,747
Development
7 Open Space Acquisition Open Spllce Acquisition 500,000 0 500,000
Harroman
8 Open Space Trails Open Space Acquisition 2,500 0 2,500
9 Shoreline Park Lighting Property Development 4,500 4,255 245
10 Tiburon Playground Fund Park Development 6,000 6,000 0
Total Community
Development $ 2,254,300 $ 208,884 $ 2,045,416
Improvements
o Blackic's Pasture: final expenditures will include drainage repairs.
o Downtown Corinthian Stairs: repairs arc complete.
D Marsh Maintenance: project is complete.
o Ncv.' To\vn Center: project expenditures to-date have been for Initial Study and contract architectural services.
o Open Space Acquisition: participation in the purchase of the Harroman is pending.
o Shoreline Park Lighting: repairs are complete.
o Tiburon Playground: transfer of funds from Park Development Reserve implementcd.
Page-II
5. Capital Improvement Program
S.d. Redevelopment Agency Improvements
Project Funding Source Budget Expended Unexpended
1 EAR/Cecilia Highlands Housing Set-Aside 684,700 67,006 617,694
Senior Housing Project
2 TEAlHilarita Preservation Housing Set-Aside 158,000 45,022 112,978
Project
Total Redevelopment $ 842,700 $ 112,028 $ 730,672
Improvements
o Both projects involve use of Redevelopment Agency (RDA) Housing Set-Aside resources, both projects are underway and
in-progress.
o EAH/Cecilia Project is moving toward the phase which will include site improvements and construction. It was previously
anticipated that such improvements would commence in Spring-Summer 1996, it appears the Project is on schedule.
D TENHilarita Project involves TO\\'11 RDA participation in funding some of the necessary building repairs in the Hilarita
Complex. This Project has been in progress since Autumn 1995. At the time the RDA Board authorized funding
participation the TEAlHilarita Group estimated a total need of $308,000, and the RDA Board authorized $158,000 for the
Project. It is unclear at this time whether the RDA Board will be required to grant additional consideration of this Project in
Spring-Summer 1996.
Page-12
TOWN COUNCIL
ST AFF
REPORT
TO:
TOWN COUNCIL
SCOTT ANDERSON, 'fr
PLANNING DIRECTOR
MEETING DATE: 2/21/96
ITEM NO.: I /
FROM:
SUBJECT: DOWNTOWN PARKING COUNTS SURVEY RESULTS
BACKGROUND
In April, 1995, the Town Council directed that car counts in the
four major public parking lots in Downtown Tiburon be conducted.
Counts were taken on weekends from late May through the end of
October, 1995.
ANALYSIS
Results of the parking counts are summarized in memos dated
January 23, 1996 and October 9, 1995 (Exhibit 1). The results
verify the overall observations of the Police Department as
reported to the Town Council in February, 1995.
In looking toward the longer view, Planning Department Staff
envisions the Downtown parking situation as one which must be
continually monitored and addressed on at least three different
fronts.
First, Planning Department Staff strongly recommends that summer
weekend parking counts be performed on an annual basis. The
counts provide the only empirical measurement of actual
performance of existing Downtown parking capacity.
Second, continued adherence to the zoning ordinance parking
standards and ratios is necessary unless clearly refuted by
empirical data over a sufficient period of time. The parking
standards and ratios must be recognized as theoretical tools
which can be very useful but have obvious limitations. The
parking "allocation" system developed by the Town to assess
adequacy of parking for Zelinsky family holdings is based upon
these theoretical tools.
Used in combination the theoretically-based and performance-based
measurements of Downtown parking adequacy create powerful tools
through which the Town can monitor adequacy of Downtown parking
and, in most instances, plan and/or respond appropriately.
TlBURON TOWN COUNCIL
STAFF REPORT
2/211'J6
1
Third, Angel Island State Park has been, and continues to be, a
major Downtown "draw" over which the Town has no direct
regulatory control. Neither the Park nor the Angel Island Ferry
service are regulated by any Town approvals at this time, and are
therefore not accounted for in the Town's normal regulatory
scheme (ie., through conditional use permits, precise plans, or
the parking "allocation" system). Addi tionally, many
grand fathered uses such as Sam's, Tommies, and 13-19 Main Street
(Purdy Family property) are not subject to any conditional use
permits, precise plans, or parking allocations at this time.
Parking for these uses is simply "absorbed" by existing Downtown
parking capacity. The total lack of on-site parking for
grandfathered uses limits them to existing or less-intensive uses
in the future, unless formally approved by the Town.
The presence of the Angel Island State Park, the Angel Island
Ferry service, and grandfathered uses is a primary reason why a
performance-based measurement of Downtown parking capacity
(through parking counts) is essential. In addition, annual
monitoring of "patronage" of the Angel Island Ferry service use
should be initiated, in order to provide the Town with a more
meaningful yardstick of Angel Island visitation passing through
the Town.
with regard to Angel Island State Park, a long-term agreement to
provide a minimum fixed number of first-come-first-served parking
spaces seems a likely result of settlement between Main Street
Properties and the State Parks Department. For its part, the
Town will improve signage to direct Angel Island visitors to
appropriate parking lots, and coordinate major events with the
Parks Department. While necessarily of a more political (as
opposed to technical) nature, ongoing relations with the State
Parks Department will be a third front upon which the Downtown
parking situation must be addressed.
RECOMMENDATIONS
1. That the Town Council direct Staff to continue summer
weekend parking counts (May through September) on an annual
basis.
2. That the Staff be directed to review the parking
"allocation" system for Main Street Properties (the last
comprehensive review by the Town Council was in 1984).
3. That the Staff initiate monitoring of "patronage" of the
Angel Island Ferry Service.
4. That the Town continue its good-faith efforts to work with
the California Department of Parks on Angel Island-related
issues.
TlBURON TOWN COUNCIL
STAFF REPORT
2I.21;g~
2
EXHIBITS
1. Memos dated January 23, 1996 and October 9, 1995.
\scott\pkgcnts.rpt
TlBURON TOWN COUNCIL
STA.FF REPORT
2i.?M16
3
".
. .
MEMORANDUM
TO: ROBERT KLEINERT, TOWN MANAGER
FROM: SCOTT ANDERSON, PLANNING DIRECTOR $4-
SUBJECT: DOWNTOWN PARKING COUNTS
DATE: JANUARY 23, 1996
This is a follow-up to my earlier memorandum of October 9, 1995
(attached) concerning the results of Downtown Tiburon parking
counts conducted June and October of 1995.
The earlier memorandum provided results of counts up through the
Labor Day weekend (September 2-4). This memorandum summarizes
results of parking counts taken after Labor Day through the
termination of the parking count process on October 29, 1995. A
revised spreadsheet showing parking count data collected through
October, 1995 is attached.
Not surprisingly, the general trend was that parking decreased
after Labor Day.
The weekend following Labor Day was the Chile Festival. Neither
the Point Tiburon lot nor the Tiburon Boulevard lot became full
on that day, according to the parking counts. The Main Street
and Beach Road lots did fill to capacity.
On Saturday, October 7, 1995, a combination of public events
(primarily a concert on Angel Island), led to an overwhelming of
the Downtown parking capacity, including overflow into
considerable portions of Old Tiburon and other parts of Tiburon.
Angel Island facilities were also overwhelmed, and the State
Parks Department and its concessionaire learned valuable lessons
about the inability of the Island to support large crowds. This
was the only day subsequent to Labor Day when all four Downtown
public parking lots were essentially full.
The analysis below parallels the analysis contained in the
October 9th memorandum with respect to the four parking lots,
except that the information analyzes parking data after Labor
Day.
1
EXHIBIT No.L
1. Peak parking demand continued to be in the afternoon, not
the morning.
2. Of the 13 survey afternoons following Labor Day, the average
percentage of occupied spaces in the four lots was as
follows:
Main Street
Point Tiburon Plaza
Beach Road Lot
Tiburon Boulevard Lot
82%
78%
71%
55%
(165 cars of 201 total)
(188 cars of 241 total)
(99 cars of 140 total)
(66 cars of 120 total)
Morning counts were considerably lower, and after September
17, were discontinued altogether because the numbers were so
low.
3. Subsequent to Labor Day, the four lots were full (assuming
95% or more is considered "full") in the afternoon as
follows:
Main Street Lot
Point Tiburon Lot
Beach Road Lot
Tiburon Boulevard Lot
1 of 13 times
1 of 13 times
3 of 13 times
1 of 13 times
As noted above, the Angel Island Concert accounted for the
only time when all lots were essentially full.
4. Parking counts collected after Labor Day do not contribute
any valuable insights into the Downtown Tiburon parking
situation, and it is not recommended that parking counts in
future years be continued past Labor Day.
5. The results of the parking counts of 1995 support the casual
observations of the Police Department as set forth in the
memorandum (attached) dated February 10, 1995, which was
included in the Ballot Initiatives Report of that same date.
\scott\pkgcnts.mem
2
MEMORANDUM
TO: ROBERT KLEINERT, TOWN MANAGER
FROM: SCOTT ANDERSON, PLANNING DIRECTOR ~
SUBJECT: DOWNTOWN PARKING COUNTS
DATE: OCTOBER 9, 1995
The purpose of this memo is to summarize the interim results of
the Downtown Tiburon parking lot counts which were made over the
last several months. The direction of the Town Council was to
count, on weekends and holidays, the number of cars in the four
major public parking lots in Downtown. Those lots are shown on
the attached Exhibit 1.
The current approximate capacity of each lot is as follows:
Main Street Parking Lot
Point Tiburon Plaza Parking Lot
Beach Road Parking Lot
Tiburon Boulevard Parking Lot
201 spaces
241 spaces
140 spaces
120 spaces
The counts were limited to weekends during the daytime only,
since evening and week-day parking are known not to be
problematical. The results of the counts thus represent a "worst
case" review of the current summertime parking situation in
Downtown Tiburon, and should not be interpreted as representative
of anything else.
Parking counts will continue through the month of October.
Current figures reflect counts only through Labor Day weekend
(September 4th). Counts generally drop after the Labor Day week-
end as school resumes.
1
ANALYSIS
The following verv oreliminary analysis is offered:
1. Peak parking demand is in the afternoon, not the morning.
2. The Main Street and Point Tiburon Parking lots fill up most
of the time on summer weekends in the afternoon. The Beach
Road lot fills up about half the time, while the Tiburon
Boulevard lot almost never fills up.
3. For the weekend and holiday afternoon counts (the worst case
of the worst case), the percentage of occupied spaces in
each lot was, on average, as follows:
Main Street Lot
Point Tiburon Plaza
Beach Road
Tiburon Boulevard
96%
95%
83%
65%
(193 cars)
(230 cars)
(116 cars)
(78 cars)
Morning counts were considerably lower.
4. Over the course of the summer proper (June lO-Labor Day),
the four lots were full (assuming 95% or more is considered
"full") in the afternoon as follows:
Main Street Lot
Point Tiburon Plaza
Beach Road
Tiburon Boulevard
22 of 27 times
17 of 27 times
14 of 27 times
1 of 27 ti~es
2
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TOWN OF TIBURON
,
.....
MEMORANDUM
TO:
ROBERT L. KLEINERT
. TOWN MANAGER
DATE: FEBRUARY 10, 1995
.'".;
....
FROM:
PETER G. HERLEY,
CHIEF OF POLICE
. ...,,", '.
',"" :~. ....:.,. "
. ,'.,
SUBJECT: DOWNTOWN PARKING
u
In reference to the parking situation in downtown Tiburon, the Police Department offers the
following observations and comments: Based on our observations, there are no weekends, or even
single weekend days during the year, including summer, when all the parking lots are full. The
exceptional days when they are full (including the Mar West parking lot) are in April on Opening
Day on the Bay, the Fourth of July, and in September when the Chili Cook-Off is held. If an
accurate assessment is requested, the Police Department would be more than Willing to conduct
a weekend survey.
~
PETER G.
CHIEF OF POLICE
TOWN COUNCIL ST AFF REPORT
TO:
FROM:
TOWN COUNCIL
SCOTT ANDERSON, ~~
PLANNING DIRECT01f-\
MEETING DATE: 2/21/96
ITEM NO.: / 2---
SUBJECT: AMENDMENTS TO CHAPTER 13 OF THE TIBURON MUNICIPAL CODE
REGARDING BUILDING REGULATIONS
BACKGROUND
At its meeting of February 7, 1996, the Town Council held first
reading of this ordinance. The matter now comes to the Council
for second reading and adoption.
RECOMMENDATION
That the Council hold a public hearing, move to read by title
only, and hold a roll call vote adopting the ordinance.
EXHIBITS
1. Draft Ordinance.
TIBURON TOWN COUNCIL
STAFF REPORT
2121.116
1
ORDINANCE NO. N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AMENDING IN ITS ENTffiETY CHAPTER 13 OF THE MUNICIPAL CODE
(BUILDING REGUIJA TIONS)
The Town Council of the Town of Tiburon does hereby ordain as follows:
Section 1.
Findings.
A.
The Town Council has held public hearings on
has received public testimony on this matter.
and
, 1996, and
B. The Town Council finds that all notices and procedures required by law attendant
to the adoption of this Ordinance have been followed.
C. The Town Council finds that the changes and modifications made by this
Ordinance are necessary for the protection of the public health, safety, and
welfare.
D. The Town Council has found that the changes and modifications made by this
Ordinance are consistent with the goals and policies of the Tiburon General Plan
and other ordinances and regulations.
E. The Town Council finds that these amendments are categorically exempt from the
requirements of the California Environmental Quality Act.
Section 2.
Chapter 13 of the Tiburon Municipal Code Amended.
Chapter 13 of the Tiburon Municipal Code pertaining to building regulations is hereby
amended in its entirety to read as follows:
TOWIl of Tilmron
Ordinance No.
N. s.
j _/96
1
EXHIBIT NO.--L
CHAPTER 13
BUILDING REGULATIONS
Article I. In General.
Sec. 13-1.
Building Inspection Division Established.
There is hereby established a building inspection division of the
town, pursuant to section 104 of the Uniform Building Code
adopted by this chapter.
Sec. 13-2.
Permits Required.
A. Building permits. No person shall erect, construct,
enlarge, alter, repair, move, improve, remove, correct, or
demolish any building or structure in the town, or cause the
same to be done, without first obtaining a separate building
permit for each such building or structure, as required by
the Uniform Codes adopted by this Chapter, from the building
inspection division. Only one permit is required to
construct a dwelling and structures accessory thereto which
are to be built in conjunction with each other and at the
same time; provided that the plans submitted include
construction details of all such structures and the permit
valuation is based on the valuation of all such structures.
B. Plumbing permits. No person shall do or cause or permit to
be done any plumbing or sanitary drainage work without first
obtaining a permit for such work, as required by the Uniform
Codes adopted by this Chapter, from the building inspection
division.
C. Heating and comfort cooling permits. No person shall
install, alter, construct, or repair any heating,
ventilating, comfort cooling, or refrigeration equipment
without first obtaining a permit for such work, as required
by the Uniform Codes adopted by this Chapter, from the
building inspection division.
D. Electrical permits. No person shall do any wiring or
install any fixed electrical equipment without first
obtaining a permit for such work, as required by the Uniform
Codes adopted by this Chapter, from the building inspection
division.
E. Excavation and grading permits. Except as exempted in
section 3306.2 of the Uniform Building Code, no person shall
do any excavating or grading without first obtaining a
TOWII of TibllroJl
Ordinallce No.
N. S.
/ /96
2
grading permit from the building inspection division.
F. Swimming pools and similar. No person shall install, alter,
or repair any swimming pool, hot tub, or spa without first
obtaining a permit for such work, as required by the Uniform
Codes adopted by this Chapter, from the building inspection
division.
Sec. 13-3.
Fees.
A. Before any permit required by this chapter is issued, the
applicant shall pay to the building inspection division the
prescribed fee as established by resolution of the Council.
If any work which requires a permit is commenced without a
permit having first been obtained, the fee for the required
permit shall be four times the usual fee. For such permit
said fee shall be in addition to such criminal penalties as
may be imposed for violations of this chapter.
B. Where it is found that work is being done under this chapter
without a permit and that such work would, under the terms
of this chapter, require a permit, there shall be charged an
investigation fee in the amount established by resolution of
the Council. The investigation fee shall be in addition to
all other fees and penalties as elsewhere set forth in this
chapter and shall be paid before any application for permit
shall be considered.
C. Where more than one reinspection of any item requiring
inspection has to be made because work has not been ready or
defects have not been corrected, a fee, as established by
resolution of the Council, will be charged for each
additional reinspection, and shall be paid before final
approval of the work.
Article II. Technical Codes.
Sec. 13-4.
Adoption by Reference of Technical Codes.
For the purpose of establishing proper regulations for
building construction, for the installation of plumbing, gas
appliances and electrical systems, and for the storage and
handling of flammable liquids, the codes or portions thereof set
forth in this article are hereby adopted and are made a part of
this chapter by reference without further publication or posting
thereof, and three certified copies, along with the deletions and
exceptions therefrom and additions and amendments thereto, shall
be kept on file for use and examination by the public in the
office of the town clerk.
Town of TibUrDll
Ordinance No.
N. S.
/ /96
3
Sec. 13-4.1.
Building Code.
The building code of the town shall be the Uniform Building
Code, 1994 edition, the appendices thereof (except as otherwise
provided herein), and the Uniform Building Code Standards, 1994
edition, published by the International Conference of Building
Officials, on file in the office of the town clerk of the town,
which said documents are hereby referred to, adopted and made a
part hereof as if fully set forth herein, subject, however, to
the following exceptions:
A. section 105 is amended such that the function of the
Board of Appeals is vested with the town council.
B. Section 106.2, subsections 2, 3, 5, 6, 7, 9, 10, and 11
are deleted.
(The Town finds that these amendments are necessitated
by local geologic, climatic, and privacy considerations
which exist in the Town of Tiburon.)
C. Section 107.5.2 is amended to read as follows:
"The investigation fee shall be established by
resolution of the Town Council."
D. Section 502 is amended to read as follows:
"1. THE FOLLOWING STANDARDS FOR ADDRESS MARKINGS SHALL
APPLY TO RESIDENTIAL BUILDINGS:
a. All residential structures shall display a
street number in a prominent position so that it
shall be easily visible from the street. The
numerals in these numbers shall be no less than
four inches in height, and one-half inch in width,
of a color contrasting to the background and
located so they may be clearly seen and read. If
a building is not easily visible from the street,
then the numbers are to be mounted at the access
drive leading to the building.
b. At each vehicular access to a multiple family
dwelling complex having four or more buildings,
there shall be an illuminated diagrammatic
representation (plot plan) of the complex which
TOWIl of TilJ/lI'OIl
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/ /96
4
shows the location of the viewer and the building
units within the complex.
c. In multiple family dwelling complexes, any
building having a separate identifying factor
other than the street number shall be clearly
identified in the manner described in
subsection a. Each individual unit of residence
shall have a unit identifying number, letter, or
combination thereof displayed upon the door.
d. Maps of the multiple family complex will be
furnished to the police and fire departments upon
completion of construction. The maps shall
include building identification and unit
identification.
e. Buildings shall be numbered in such a manner
and sequence as to meet with the approval of the
enforcing authority.
f. This section shall not prevent supplementary
numbering such as reflective numbers on street
curbs or decorative numbering, but this shall be
considered supplemental only and shall not satisfy
the requirements of this section.
2. THE FOLLOWING STANDARDS FOR ADDRESS MARKINGS SHALL
APPLY TO COMMERCIAL BUILDINGS:
The address number of every commercial building
shall be located and displayed so that it shall be
easily visible from the street. The numerals in
these numbers shall be no less than six inches in
height, one-half inch in width, and of a color
contrasting to the background. In addition, any
business which affords vehicular access to the
rear through any driveway, alleyway, or parking
lot shall also display the same numbers on the
rear of the building."
The Town's reasoning for these amendments is to ensure
quick response time to homes and businesses in case of
emergency, and to better facilitate delivery of the
mail.
E. Section 1503 is amended to read as follows:
"The roof covering on any structure regulated by this
Town of TihurOH
Ordinance No.
N. S.
/ /96
5
code shall be as specified in Table 15-A and as
classified in section 1504. The roof-covering assembly
includes the roofdeck, underlayment, interlayment,
insulation, and covering which is assigned a roof-
covering classification.
1. All new buildings and new additions shall
have at least a Class A-listed or
noncombustible roof covering.
2. Where alterations or repairs to existing
roofs involve more than 50% of the total area
of an existing building within a one year
time period, the entire roof shall be
retrofitted with at least a Class A-listed or
noncombustible roof."
The Town finds that these amendments are necessitated
by local climatic conditions or other fire hazard
conditions which exist in Tiburon.
F. section 106.4.4 is amended to read as follows:
"1. Every permit issued by the building official under
the provisions of this code after April 15, 1994, shall
expire by limitation and become null and void eighteen
(18) months from the date the permit is issued. The
building official shall have the discretionary
authority to extend the permit in the following
circumstances:
(a) where the project is unusually large or complex
additional time may be granted at the time of
application, or
(b) where the permittee has proceeded with due
diligence and made substantial progress but is
unable to complete the project because of
unforeseen circumstances beyond the control of the
permittee, one extension of up to six (6) months
may be granted. In determining whether due
diligence has been exercised, the building
official shall consider how soon work began after
issuance of the permit, whether work was conducted
on a regular basis and any other relevant facts.
Decisions of the building official made pursuant
to this section may be appealed to the Board of
Appeals using the timelines and procedures found
TOWII olTi/JUroll
Ordinance No.
N. S.
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in Chapter 16 of the Tiburon Municipal Code.
Once a permit has expired pursuant to this
section, the work shall not recommence until a new
permit is issued. The new permit shall be issued
only if there have been no changes in the original
plans and specifications and a new fee equal to
the full original fee is paid.
2. All permits issued by the building official prior
to April 15, 1994, and which have not expired by
limitation shall remain subject to the provisions
of Section 303(d) of the Uniform Building Code
(1991 edition) as drafted by the International
Conference of Building Officials. For purposes of
such permits, failure to exercise due diligence
and make substantial progress on the work
authorized shall be deemed suspension or
abandonment of the permit."
The Town finds that these amendments are needed in
order to reduce the number of permit extensions allowed
and to establish a firm date for completion of work.
Sec. 13-4.2.
Plumbing Code.
The Plumbing Code of the town shall be the Uniform Plumbing
Code, 1994 edition, including appendices, as published by the
International Association of Plumbing and Mechanical Officials,
which said documents are hereby referred to, adopted, and made a
part hereof as if fully set forth herein, subject, however, to
the following exceptions:
A. Table 1-1 (Schedule of Fees) is deleted.
B. section 701.1.2 shall be amended to read as follows:
"ABS and DWV piping installations shall be limited to
residential construction not more than two stories in
height."
The Town's reasons for this amendment are that the
State Plumbing Code does not allow plastics in other
uses, environmental review on this topic has not been
performed, and because of the types and frequency of
required fire assemblies in other types of buildings,
the use of plastics may be a fire hazard.
Town of Tiburon
Ordinance No.
N. S.
/ /96
7
C. Section 707 shall be amended to read as follows:
"Floor drain or similar traps directly connected to the
drainage system and subject to infrequent use shall be
provided with an approved automatic trap priming
system, except when deemed unnecessary for safety or
sanitation by the Building Official."
The Town's reason for this amendment is that it
clarifies existing language and assures automatic trap
seal protection.
D. section 411.0 shall be amended to read as follows:
"Each building shall be provided with sanitary
facilities as prescribed by Appendix C of this code."
The Town's reason for this amendment is that it assures
adequate and equal facilities for men and women in
public buildings and work places and is consistent with
the adoption of Appendix C.
Sec. 13-4.3.
Electrical Code.
The Electrical Code of the town shall be the National
Electrical Code, 1993 edition, as published by the National Fire
Prevention Association, which Code is hereby referred to, adopted
and made a part hereof as if fully set forth herein.
Sec. 13-4.4.
Fire Prevention Code.
The Fire Prevention Code of the town shall be the Uniform
Fire Code, 1994 edition, as published by the International
Conference of Building Officials and the Western Fire Chiefs
Association, as modified by the most recently adopted Tiburon
Fire Protection District and Alto-Richardson Fire District
ordinances, which Code and ordinances are hereby referred to,
adopted, and made a part hereof as if fully set forth herein.
Copies of said ordinances are available for review in the office
of the Town Clerk.
Sec. 13-4.5.
Housing Code.
The Housing Code of the town shall be the Uniform Housing
Code, 1994 edition, as published by the International Conference
of Building Officials, which Code is hereby referred to, adopted
and made a part hereof as if fully set forth herein.
TOWIl of TiburOfl
Ordinance No. N. S.
/ /96
8
Sec. 13-4.6.
Mechanical Code.
The Mechanical Code of the town shall be the Uniform
Mechanical Code, 1994 edition, as published by the International
Conference of Building Officials, which Code is hereby referred
to, adopted and made a part hereof as if fully set forth herein,
except that Table No. 1-1 (Mechanical Permit Fees) is deleted.
Sec. 13-4.7.
Dangerous Building Code.
The Dangerous Building Code of the town shall be the Uniform
Housing Code, 1994 edition, as published by the International
Conference of Building Officials, which Code is hereby referred
to, adopted and made a part hereof as if fully set forth herein.
Sec. 13-4.8.
Swimming Pool Code.
The Swimming Pool Code of the town shall be the Uniform
Swimming Pool, Spa, and Hot Tub Code, 1994 edition, as published
by the International Association of Plumbing and Mechanical
Officials, which Code is hereby referred to, adopted and made a
part hereof as if fully set forth herein, except that:
A. Section 1.11 is deleted.
B. The first paragraph of section 1.7 is deleted.
Sec. 13-4.9.
Solar Energy Code.
The Solar Energy Code of the town shall be the uniform Solar
Energy Code, 1994 edition, and the appendices thereof, as
published by the International Association of Plumbing and
Mechanical Officials, which Code and appendices are hereby
referred to, adopted and made a part hereof as if fully set forth
herein, except that the first paragraph of section 20.3 is
deleted.
Article III. Development Standards.
Sec. 13-5.
Construction in Flood Hazard Zones.
Refer to Chapter 13A of the Tiburon Town Code for
regulations concerning construction in flood hazard zones.
Tm1!ll oj Tiburoll
Ordinallce No.
N. S.
/ /96
9
Sec. 13-6.
Hours of Construction.
A. Generally, all work covered by a permit issued under this
Chapter shall be performed only between the hours of
7:00 a.m. to 5:00 p.m., Monday through Friday, and 9:30 a.m.
to 4:00 p.m. on Saturday. Work shall not be performed on
Sunday or on holidays recognized by the Town of Tiburon.
These holidays are New Year's Day, President's Day, Memorial
Day, Independence Day, Labor Day, Thanksgiving Day, and
Christmas Day.
B. The arrival or departure of heavy equipment (such as graders
and backhoes) and the delivery of heavy construction
material (such as lumber and concrete) to a work site shall
occur only between the hours stated in Section 13-6A. Hours
of operation, maintenance, and servicing of heavy equipment
shall be limited to 8:00 a.m. to 5:00 p.m., Monday through
Friday. If already located on-site, heavy equipment may
begin "warming up" at 7:30 a.m.
C. Exceptions. The following exceptions shall apply:
1. The limitations in section 13-6A shall not apply when
work covered by a permit issued under this Chapter does
not result in unreasonable noise or other impacts on
surrounding properties. Unreasonable noise produced
outside of the days and hours stated in Section 13-6A
may be considered a disturbance of the peace subject to
police enforcement.
2. The limitations in Sections 13-6A and 13-6B shall not
apply in the following instances:
a. When prior to the commencement of any work covered
by a permit issued under this Chapter, the Town
Manager grants written permission to perform work
outside of the prescribed hours.
b. When work is necessary in an emergency situation
to remedy or prevent damage to persons or
property.
Sec. 13-7.
site Development Requirements.
In order to assure that structures will be accessible, and
that grading and draining will not imperil any structures,
adjoining properties or public roads, site development shall
conform to the following requirements:
TOWIl of Tiburoll
Ordinance No.
N. S.
/ /96
10
A. Slope stabilization. Whenever, in the judgment of the
Building Official, construction operations will result
in slopes so steep that their stability may be in
question, he may require retaining walls or other slope
stabilization measures. These shall be made adequate
to the satisfaction of the Building Official. Design
by a registered professional engineer may be required.
B. Drainage. The collection, diversion, interception and
disposition of surface and subsurface waters shall be
provided for in a manner which, in the judgment of the
Building Official, will prevent any hazard to
structures, slopes, and adjoining properties.
C. Driveways. No portion of a driveway shall have a
slope, measured along the center line, steeper than
twenty-five (25) percent, measured in ratio of rise to
run, except with special approval by the Building
Official. The vertical alignment of a driveway shall
be such as to provide adequate stopping sight distance
for vehicles using the driveway, and for on-coming
vehicles at intersections. Driveways shall be paved
with six inches of concrete, or two inches of asphaltic
concrete over six inches of rock base, or of other
equivalent and permanent material approved by the
Building Official.
Sec. 13-8. Improvements Required.
A. No structure shall be erected or enlarged, and no building
permit shall be issued for any lot fronting on an unimproved
street unless the one-half of such street adjacent to the
lot frontage and curb and gutter are improved to the
standards determined by the Town Engineer. Any applicant
for a building permit affected by this section shall be
notified by the Town of all requirements prior to issuance
of a building permit.
B. Any improvements required by this section shall be completed
to the satisfaction of the Town Engineer prior to the final
inspection for the building permit.
Article IV. Enforcement and Penalties.
Sec. 13-9.
Enforcement by stop Work Orders.
Whenever any work regulated by this chapter is being done
contrary to the provisions of this chapter or contrary to any
TOWIl of Tiburoll
Ordinance No. N. S.
j _/96
11
other part of this Code or rules and regulations of other public
agencies that are applicable to the work being done, the building
official or his designee may order the work stopped by notice in
writing served on any persons engaged in doing or causing such
work to be done, and such persons shall forthwith stop such work
until authorized by the Building Official or his designee to
proceed with the work. An order to stop work due to a violation
of ordinances or rules and regulations of other public agencies
shall be issued only upon written request from the official of
such agency charged with the enforcement of such ordinances or
rules and regulations.
Sec. 13-10.
Violations and Penalties.
A. Any person, firm, or corporation violating any of the
provisions of this chapter shall be deemed guilty of an
infraction, provided that upon violation of any provision of
this chapter more than three times during any. l2-month
period, such person, firm, or corporation shall be deemed
guilty of a misdemeanor.
B. Each person, firm, or corporation shall be deemed guilty of
a separate offense for each and every day or portion
thereof during which any violation of any of the provisions
of this chapter is committed, continued, or permitted.
C. Upon conviction of any violation of this Chapter, each
person, firm, or corporation shall be subject to a fine
and/or imprisonment in the county jail not to exceed the
limits established in Government Code Sections 36900 and
36901.
D. Any building or structure erected or maintained and any work
commenced or continued in violation of this chapter shall
be, and is hereby declared unlawful and a public nuisance,
and the town attorney on the direction of the town council
shall institute necessary legal proceedings for the
abatement, removal, or enjoinment thereof in the manner
provided by law and shall take such other steps as may be
necessary to accomplish these ends.
Town of Tilmrotl
Ordil/ance No. N. S.
/ /96
12
Section 3.
Severability.
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.
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 AND ADOPTED at a regular meeting of the Town Council of the Town
of Tiburon on , 1996, by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
NICKY WOLF, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE L. CRANE, TOWN CLERK
\municode\chap1396.rev
TOWIl of Ti/JUran
Ordi,UlIlce No. N. S.
/ /96
13
TOWN COUNCIL STAFF REPORT
To:
TOWN COUNCIL
Meeting:
FEBRUARY 21,1996
# I~
From:
FINANCE DIRECTOR
Item No:
Subject:
JPA FOR WASTE MANAGEMENT - COUNTY WIDE SITING ELEMENT-
ADOPT RESOLUTION ADOPTING ELEMENT
Backl!rollnd:
This item is for adoption of the final draft County Wide Siting Element (CSE) for the County of
Marin and all cities of the county participating in the JPA for Waste Management.
The California Integrated Waste Management Act of 1989 (AB939) mandated specific waste
management planning objectives to the county and cities. The county and cities through its Joint
Powers Agreement are required to prepare and implement three basic planning elements - source
reduction and recycling, household hazardous waste, and non-disposal facility - which have been
completed The final step is to implement an integrated waste management plan, which includes
the aforementioned elements, as well as a siting element. The siting element is complete and is
now submitted for Town Council approval.
Recommendation:
Town Council approve the Countywide Siting Element and adopt Draft Resolution "ADOPTING
THE COUNTY WIDE SITING ELEMENT FOR MARIN COUNTY AND ITS CITIES. "
Attachments:
I.
')
~.
Draft Resolution, Adopting Si1ing Element
Memorandum, M. Frost to Town Manager, 1.8.96
Memorandum, Dee Johnson to Council(s), 1.8.96
Notice of Public Hearings, by County
Notice of Determination & Other Study(s) & Declarations, County to State, 12.29.95
Siting Element, Final Draft, 11.95
3.
4.
5.
6.
RESOLUTION NO
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TmURON ADOPTING
THE COUNTY WIDE SITING ELEMENT FOR
MARIN COUNTY AND ITS CITIES
WHEREAS, the California Integrated Waste Management Act of 1989 requires the County
to prepare a County Wide Siting Element (public Resources Code Section 41700), which provides
a description of the areas to be used for development of adequate transformation or disposal capacity
and documents the waste disposal capacity required by Marin County and its Cities to accommodate
solid waste disposal for the next fifteen (15) years, through the year 2010; and
WHEREAS, the County Wide Siting Element identifies that Marin County's disposal needs
for the next fifteen years and the foreseeable future are met by the current capacity of the existing
landfill sites; and
WHEREAS, the County Wide Siting Element includes the information required under Public
Resources Code Section 41700, including goals and policies, disposal capacity requirements, a
description of existing disposal facilities, identification of siting criteria, an evaluation process, general
plan consistency and implementa1ion responsibility; and
WHEREAS, the goals and policies of the Siting Element, developed and adopted by the Local
. Task Force, reflect those previously adopted as part of the Source Reduction Recycling Element to
ensure that Marin County and its Cities have adequate landfill disposal capacity beyond the year 2010;
and
WHEREAS, Preliminary Drafts of the County Wide Si1ing Element were prepared and
circulated to the County, its Cities, local and state agencies; a public hearing was held by the Local
Task Force to receive comments on the Preliminary Draft, and comments were received into the Final
Draft Siting Element, attached; and
WHEREAS, the Local Task Force approved the Final Draft Siting Element and recommended
that 1he Marin County Board of Supervisors and the Town and Cities adopt the Final Draft Siting
Element; and
WHEREAS, on December 12, 1995 the Marin County Board of Supervisors granted a
negative declaration of Environmen1al Impact and adopted the Final Draft County Wide Siting
Element;
NOW, THEREFORE BE IT RESOLVED that the Town Council of the Town of Tiburon,
Page-1
ATTACHMENT I
following a duly noticed public hearing, hereby adopts the Final Draft County Wide Siting Element
for Marin County and its Cities, dated November 1995.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon
on February 21, 1996, by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS
NICKY WOLF, MAYOR
Town ofTiburon
ATTEST:
DIANE L CRANE, TOWN CLERK
Page-2
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WASTE MANAGEMENT
Dee Johnson
Deputy County Administrator
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JAN 1 0 1196
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January 8, 1996
TOWN MANAGER'S OFFICE
TOWN OF TIBURON
To:
Mr. Bob Kleinert, Town Manager
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From: Michael Frost, Waste Management Specialist
Re: The Final Draft Countywide Siting Element for Marin County and
Its Cities - Request to Set for Agenda
",;
As I discussed with you and/or your staff, I have published the public notice for public
hearing to held at your February 21, 1996 council meeting. I have enclosed the following
information for your and your council's review:
· A cover letter addressed to your council, from Dee Johnson.
· 5 copies of the Final Draft Countywide Siting Element (CSE).
· 5 copies of the Notice of Determination and Negative Declaration of Environmental
Impacts.
· A copy of the Public Notice for Public Hearing, that was published on 1/16/95 in the
Marin Independent Journal.
Unless we hear from you, either Dee Johnson or myself will be attending the public
hearing for the CSE. If you have any questions, please call me or Dee Johnson
at 499-6647.
10 N. San Pedro Rd., Suite 1022. San Rafael, Ca 94903.4155. (415) 499.6647. (415) 499.6910 FAX
C:\FROS1\PLANNING\CIWMP\SITINGIFDRAFJ\COVRL TRDOC
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NOTICE OF CITY PUBLIC HEARINGS
on the
COUNTYWIDE SITING ELEMENT FOR MARIN COUNTY AND ITS CITIES
NOTICE IS HEREBY GIVEN that each city and town council in Marin County will hold a public hearing to
consider the Final Draft of the 1995 Countywide Siting Element for Marin County and Its Cities.
The 1995 Countywide Siting Element for Marin County and Its Cities (CSE), a planning document required by
the California Integrated Waste Management Board to document the waste disposal capacity needed to
accommodate solid waste generated for disposal by Marin County and Its Cities (Belvedere, Corte Madera,
Fairfax, Larkspur, Mill Valley, Novato, Ross, San Anselmo, San Rafael, Sausalito, and Tiburon) for the next 15
years from 1995 through the year 2010. Capacities of solid waste disposal facilities coupled with future annual
countywide solid waste disposal estimates are presented in this report to assess the need for expansion of existing
facilities and/or siting of new facilities within the next 15 years. Through this assessment the CSE documents
that Marin County's disposal needs for the next 15 years and the foreseeable future are met by the capacity of the
existing landfill sites, therefore no additional disposal sites are proposed in the CSE, In addition, the CSE sets
Goals and Policies, developed by the Marin County AB 939 Local Task Force, to guide Marin County and :;5
Cities disposal practices through the year 2010. Furthermore, criteria and the process-to be used to evaluate '1.ew
and/or expansion of existing disposal sites are also detailed in the CSE.
NOTICE IS HEREBY GIVEN that each city and town will individually act on CSE.
NOTICE IS HEREBY GIVEN that the Marin County Board of Supervisors approved a Negative Declaration of
Environmental Impact for the CSE and adopted a resolution approving the CSE on December 12,1995.
NOTICE IS HEREBY GIVEN that hearings will be scheduled during the regular meetings of the City and Town
Councils on the following dates.
Jurisdiction
Belvedere
Corte Madera
Fairfax
Larkspur
Mill Valley
Novato
Ross
San Anselmo
San Rafael
Sausalito
Tiburon
Date
3/4/96
2/6/96
2/12/96
2/7/96
2/19/96
2/13/96
2/8/96
2/27/96
2/5/96
2/20/96
2/21/96
Time
7:30 pm
7:30 pm
8:00 pm
7:30 pm'
8:00 pm
7:00 pm
. 7:00 pm
8:00 pm
8:00 pm
7:30 pm
7:30 pm
Location
City Hall, 450 San Rafael Ave., Belvedere
Town Hall, 300 Tamalvista Drive, Corte Madera
Town Hall, 142 Bolinas Ave., Fairfax
City Hall, 400 Magnolia Ave" Larkspur
City Hall, 26 Corte Madera Ave.,:Mill Valley
City Hall, 900 Sherman Ave., Novato
Town Hall, 31 Sir Frances Drake Blvd., Ross
Town Hall, 525 San Anselmo Ave., San Anselmo
City Hall, 1400 Fifth Ave., San Rafael
City Hall, 420 Litho, Sausalito
Town Hall, 1157 Tiburon Blvd., Tiburon
NOTICE IS HEREBY FURTHER GIVEN that reference copies of the CSE and Negative Declaration are
available at local Marin County Libraries and at the Marin County Office of Waste Management, 10 North San
Pedro Road, Suite 1022, San Rafael, CA. For more information, call (415) 499-6647.
C:IFROS1\PLANNlNGICIWMPlSITlNGIFDRAFru'UBNOTlC,DOC
AITACHMENT 4.
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Envir
NOTICE OF DETERMINATION
Marin County
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To: _Office of Planning & Research
1400 Tenth Street, Room 121
Sacramento, CA 95814
Y-.. County Clerk
County of Marin
From: Marin County Office of Waste Management
Subject: Filing of Notice of Detennination in compliance with Section 21108 or 21152 of the Public Resources
Code.
OEr, 2 9 1995
DEe 2 a 1!J95
I,NPlSTE Mr'NAGc:~/:ENT
Ile"NARD HANSON
"-i/,Hit.! COUNTY CLERK
t. '/ J. Slcele. Deputy
Project Title: Countywide Siting Element for Marin County and Its Cities (CSE)
State Clearinghouse #: 95103088
Contact Person: Michael Frost
Telephone Number: (415) 499-6647
Application: tJ~cd"\J~ k.6~ ftco"\.
Assessor's Parcel Number: Not Applicable
Project Location: Marin County
Project Description: The 1995 Countywide Siting Element for Marin County and Its Cities (CSE) documents the waste
disposal capacity needed to accommodate solid waste generated for disposal by Marin County and Its Cities (Belvedere,
Corte Madera, Fairfax, Larkspur, Mill Valley, Novato, Ross, San Anselmo, San Rafael, Sausa1ito, and Tiburon) for the
next 15 years from 1995 through the year 2010. Capacities of solid waste disposal facilities coupled with future annual
countywide solid waste disposal estimates are presented in this report to assess the need for expansion of existing facilities
and/or siting of new facilities within the next 15 years, Through this assessment the CSE documents that Marin County's
disposal needs for the next 15 years and the foreseeable future are met by the capacity of the existing landfill sites,
therefore no additional disposal sites are proposed in the CSE. 10 addition, the CSE sets Goals and Policies, developed by
the Marin County AB 939 Loca1 Task Force, to guide Marin County and Its Cities disposal practices through the year
2010
This is to advise that the Marin County Board of Supervisors approved the above described project on December
12, 1995, and has made the following determinations regarding the above described project:
1.
2.
The project in its approved form [( ) will VJ will not] have a significant effect on the envirolUDent.
( ) An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA.
('Q A Negative Declaration was prepared for this project pursuant to the provisions of CEQA.
Mitigation measures [( ) were (0 were not] made a condition of the approval of the project,
A statement of Overriding Considerations [( ) was (;0 was not] adopted for this project.
Findings [( '<,) were ( ') were not] made pursuant to the provisions of CEQA.
I certify that a copy of the ()O Negative Declaration ( ) Final ErR, with comments and responses, and record of
project approval is on file add 'may be examined at:
3.
4.
5.
Agency:
Address:
Marin County Office of Waste Management
10 North San Pedro Road, Suite 1022
San Rafael, CA 94903
(415) 499-6647
71~~~/
By:
Date:
17/L~/7C::;
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NEGATIVE DECLARATION
1,-' :1 ~ E n
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DEe 2 B lSCl..5
1l0WARD HANSON
\\....,\I\IN COUNTY CLERK
Pursuant to Section 21000 et, seq. of the Public Resources Code and Marin County"En~6Impact
Review Guidelines and Procedures, a Negative Declaration is hereby granted for the following project.
Marin County
Environmental Coordination and Review
1. Project Name:
Countywide Siting Element for Marin County and Its Cites (CSE)
2. Location and Description: Marin County,
The 1995 Countywide Siting Element for Marin County and Its Cities (CSE) documents the waste disposal capacity
needed to accommodate solid waste generated for' disposal by' Marin County and Its Cities (Belvedere, Corte
Madera, Fairfax, Larkspur, Mill Valley, Novato, Ross, San Anselmo, San Rafael, SausaIito, and Tiburon) for the
next 15 years from 1995 through the year 2010. Capacities of solid waste disposal facilities coupled with future
annual countywide solid waste disposal estimates are presented in this report to assess the need for expansion of
existing facilities and/or siting of new facilities within the next 15 years. Through this assessment the CSE
documents that Marin County's disposal needs for the next 15 years and the foreseeable future are met by the
eapacity of the existing landfill sites, therefore no additional disposal sites are proposed in the CSE. In addition, the
CSE sets Goals and Policies, developed by the Marin County AB 939 Local Task Force, to guide Marin County and
Its Cities disposal practices through the year 2010
3. Project Sponsor:
Marin County Hazardous and Solid Waste Authority,
Marin County Office of Waste Management
4.
Finding: Based on the attached Initial Study and without a public hearing, it is my judgment that the
project will not have a significant effect on the environment.
~IJ~
EnVironmental Coordinator
Date:
I d/ '2-5"/ r.5.
/ /
Based on the attached Initial Study and the testimony
@:aration is granted.
A ~4:tjCuz 0
Chairpe~son, Board of Supervisors
received at a duly noticed DubHc hearinl!. a
Date: 1;1../( L/ '1' 5'
ADDeal: Subsequent to an appeal of the granting of a Negative Declaration and based on the testimony
received at a duly noticed public hearing on the appeal, the record of the public hearing on the Negative
D tion and the lniti y, a Negative Declaration is granted.
Chairperson, Board of Supervisors
':L I ''2..../::1..r.
I 'I .
1
" ..
"
S. Mitigation Measures: No potential adverse. impacts were identified, therefore, no mitigation measures
are required.
6. Preparation:
This Negative Declaration was prepared by the Marin County Office of Waste Management. Copies
may be obtained at the address listed below.
Marin County Office of Waste Management Monday through Friday
10 N. San Pedro Road, Suite 1022 8:00 a.m. to 5:00 p.m.
San Rafael, CA 94903 Telephone (415) 499-6647
-'
c:\&ost\plaaninglciwmp\titing\ceqa\j~cgdec.doc
2
~
MARIN COUNTY COMMUNITY DEVELOPMENT AGENCY:1 if E I)
PLANNlNGDIVISION b"" H P
.-
INITIAL STUDY
1995 COUNTYWIDE SITING ELEMENT DEe 28 1995
FOR
MARIN COUNTY AND ITS CUlliS
n{)~~'-'An.n llA...."lS
4l.l\:'-IN(~or.\.~. ON'
. - V'H r CLERK
'~:" J. Sh::elc. Oeiluty
L
BACKGROUND
a) Project Sponsor's Name and Address:
Marin County Hazardous and Solid Waste Authority,
Office of Waste Management
10 N. San Pedro Road, Suite 1022, San Rafael, CA 9490:
Same As Above
Dee Johnson, (415) 499-6647
b) Lead Agency Name and Address:
c) Contact Person and Phone Number:
IT. PROJECT DESCRIPTION
a) Project Title: 1995 Countywide Siting Element for Marin County and Its Cities
b) Type of Application(s): Planning Document
c) Project Location: All areas within the boundaries of Marin County
d) General Plan Designation:
Not Applicable (See Project Description)
e) Zoning: Not Applicable (See Project Description)
.
t) Description of Project:
Back~ound. The California Integrated Waste Management Act of 1989 ('M 939') redefined solid
waste managem~nt in terms of both objectives and planning responsibilities for local jurisdictions ane
the State. The Act requires cities and counties to reduce solid waste disposal 25% by 1995 and 50% b)
2000, That law also established a hierarchy that local jurisdictions must comply with in addressinf
waste management issues. The new planning hierarchy includes, in order of priority, source reduction:
recycling and composting; and environmentally safe landfill disposal and transformation,
Countywide Integrated Waste Management Plan. To carry out waste management in accordance wit!-
this hierarchy, the California Integrated Waste Management Act requires each local jurisdiction tc
prepare and implement the following documents:
. A Source Reduction and Recycling Element (SRRE)
· A Household Hazardous Waste Element (HHWE)
· A Non-Disposal Facility Element (NDFE)
1
c::lliootlplanning'ciwmplsiting'=!alpd_w.doc
ATTACHMENT
6.
In addition to the preparation of the SRREs, HHWEs, and NDFEs for each jurisdiction, each COUD'
must prepare a Countywide Siting Element (CSE), and a Countywide Integrated Waste Manag=
Summary Plan (CSP) all of which form the Countywide Integrated Waste Management Plan (CIWMP
Countvwide Sitin~ Element, The 1995 Countywide Siting Element for Marin County and Its Citi,
(CSE) documents the waste disposal capacity needed to accommodate solid waste generated Ii
disposal by Marin County and Its Cities (Belvedere, Corte Madera, Fairfax, Larkspur, Mill Valle:
Novato, Ross, San Anselmo, San Rafael, Sausalito, and Tiburon) for the next 15 years from 19S
through the year 2010. Capacities of solid waste disposal facilities coupled with future annu.
countywide solid waste disposal estimates are presented in this report to assess the need for expansic
of existing facilities and/or siting of new facilities within the next 15 years. Through this assessment tI:
CSE documents that Marin County's disposal needs for the next 15 years and the foreseeable future 3I
met by the capacity of the existing landfill sites, therefore no additional disposal sites are proposed j
the CSE. In addition, the CSE sets Goals and Policies, developed by the Marin County AB 939 Lee:
Task Force, to guide Marin County and Its Cities disposal practices through the year 201<
Furthermore, criteria and the process to be used to evaluate new and/or expansion of existing dispOS;
sites are also detailed in the CSE.
The Goals, Policies and specific siting criteria proposed in the CSE include the following:
GOALS
1, Assure 15 Years Disposal Caoacitv for Marin County.
Marin County has already met this goal by the issuance of Redwood Landfill' new Solid Waste
Facility Permit (SWFP) on July 28,1995. The Redwood Landfill's SWFP and accompanying EIR
specify that Redwood Landfill's disposal capacity is 10,9 million tons and projects the landfill's life
to 2039. This is well beyond the 15 year goal of the CSE and therefore would not adversely impac
the environment.
2. Ensure RemJlatorv Compliance.
The result of achieving this goal would ensure, through the Local Enforcement Agency, that all
solid waste disposal facilities operating in Marin County are in full compliance with established
laws, rules, and regulations. No adverse impacts caused by the achievement of this goal have been
identified. In fact, the potential effect of achieving this goal would be beneficial to the environmen1
3. Obtain Jurisdictional Aoproval.
Since no adverse impact has been identified by implementation of this siting element, obtaining
jurisdictional approval would not cause any adverse impacts.
POLICIES
1. Comolete Environmental Review and Permit Revision Process for West Marin Sanitary Landfill.
There are no physical changes resulting from the adoption of this policy. The nature and impacts 0
completing the environmental review and permit revision process for West Marin Sanitary Landfill
will be determined through its environmental review process pursuant to CEQA
..1fiool'9I......glciwmp"iting'ooq.'9d-is3.doc
2
.
CRITERIA
nus section identifies any inconsistencies between the site screening criteria proposed in tl:
Countywide Siting Element compared to that of the Marin Countywide Plan of 1994 and any sit
screening criteria which are mandated by Federal or State statutes or regulations.
Exclusionarv Criteria
E1. New or exoanded landfills shall not be located on a known Holocene fault.
nus criteria is derived directly from California Code of Regulations (CCR), Title 23, Chapter IS,
Article 3, Section 2533[d]
E2. New or expanded landfills shall not be located in a 100-vear flood olain.
nus criteria is derived directly from 40 Code of Federal Regulations (CFR), Part 258, Subpart B,
Section 258.11.
E3. New or exoanded landfills shall be located in a manner which will ensure that wastes will be a
minimum of5 feet above the hiQhest anticioated elevation ofunderlvinQ Ql"ound water,
This criteria is derived directly from California Code of Regulations (CCR), Title 23, Chapter IS,
Article 3, Section 2530[c].
E4. New or expanded disposal facilities shall be located only in areas desiQIlated or authorized for solid
waste facilities in an apolicable city or county ~eneral olano
nus criteria is derived directly from Public Resources Code (PRC), Section 41702.
.'
E5. New or expanded disoosal facilities shall be comoatible with adiacent Qeneral plan land uses.
This criteria is derived directly from Public Resources Code, Section 411702[c]
E6. New or exoanded landfills shall be located further than 10 000 feet from airoort runwavs used b;.:
turboiet aircraft and further than 5.000 feet from airport runwavs used solelv bv oiston tvoe aircraft.
This criteria is derived directly from 40 Code of Federal Regulations, Part 258, Subpart B, Section
258.10.
E7.New or exoanded disoosal facilities shall be required at all times to be in comoliance with applicable
federal. state. and local statutes, permits. minimum operatinQ standards and monitoring
requirements. This includes but is not limited to, the requirements of the California Intel!rated
Waste ManaQement Board. Remonal Water Ouality Control Boards. local air pollution control
districts, local iurisdictions. and all utilities. service districts. or aQencies which have iurisdiction
over the installation of improvements or which provide services to disposal facilities,
This criteria is consistent with all Federal, State, and local statute and regulations. Enforcement of
this criteria would be the responsibility of the respective agencies.
o:lli'OIl,!>lamUnglci_lsitin&lceqa'9d-isJ.doc
3
.
E8.New or exuanded landfills shall not be located in such a wav as to cause a net loss of wetland
acreage. functions. and values.
This criteria is consistent with language that comes from the Marin Countywide Plan, Program EQ-
2.43c criteria (a). Marin Countywide Plan Program EQ-2.43c specifies what criteria shall be
considered when evaluating development projects which may impact wetland areas. Criteria (a)
under Program EQ-2.43c states that "no net losses shall occur in wetland acreage, functions, and
values. "
E9. To orotect water auality new or exoanded landfills shall be sited where soil characteristics. distance
from waste to !!Tound water. and other factors will ensure no impairment of beneficial uses of
surface water or of !!Tound water beneath or adiacent to the landfill.
This criteria is consistent with State criteria within the California Code of Regulations (CCR), Title
23, Chapter IS, Article 3, Section 2S33(b)(I).
EI0. New or exuanded landfills shall not be located in stream conservation areas. so as to alter maior
drainal$es..
This criteria is consistent with the Marin Countywide Plan, Policy EQ-2.5, Policy EQ-2.5 prohibits
the disposal of refuse within Marin County's stream conservation areas, which are defined in the
Marin Countywide Plan.
Ranking Criteria
Rl.New or exoanded landfills shall be ranked more favorablv ifthev are located in areas of sufficient
size and ootential future disoosal caoacity to orovide a countywide or relZionwide minimum IS
years of combined oennitted disposal caoacitv.
,
.
This criteria is consistent with Title 14, Division 7, Chapter 9, Article 6.5 requirements that all
countys must meet a minimum of 15 years disposal capacity. The criteria is also consistent with the
criteria of the Alternative Siting Study, undertaken in the CoSWMP, requiring that all candidate
landfill sites must have a potential disposal area of more than 250 acres.
RZ.New or expanded disposal facili1ies that are near maior transportation corridors shall be ranked
more favorablv than sites located at relatively !!Teater distances.
This criteria is consistent with the Marin Countywide Plan's Transportation Objectives, Policies,
and Programs which link development of new projects with their impacts on Marin County
transportation corridors and requires project developers to mitigate traffic impacts through on and
off site traffic improvements. Since proposed new or expanded landfill sites located greater
distances from major transportation corridors would cause greater impacts on secondary roads they
would require a greater number of mitigation measures and would be viewed as less desirable.
The criteria is also consistent with the criteria in the CoSWMP's Alternative Siting Study that
required that all potential landfill sites be accessible to adequate roads within Marin County.
o::lIiaol\p......g'awmp"iting'<:eq.'!>d-isJ.cloc
4
RJ.New or eXllanded disoosal facilities will be ranked more favorablv ifthev are located in areas that
will not adverselv imoact local traffic. or reauire the existing roadwavs to be modified to
accommodate increased collection of transfer truck traffic.
This criteria is consistent with Objectives T -1 and T -7 of the Marin Countywide Plan. These
objectives direct Marin County planning policy to provide efficient movement of traffic, require
traffic mitigation of all development, and that the County maintain the rural character of West
Marin by maintaining the transportation system at a rural scale.
R4. Exoansion of existing oermitted disoosal facilities will be ranked more favorablv than establishing
new disoosal facilities.
This criteria is consistent with Objective CF-3 of the Main Countywide Plan. Objective CF-3
directs Marin County planning policies to maximize use of existing, available services before
providing new or expanded services, In addition this criteria is consistent with Goal 3 of the SRRE
which specifies that the County and the cities build on existing programs and services, including
disposal, provided by the public and private sector. The criteria is also consistent with the
CoSWMP Alternative Siting Study's finding that County regulations and policies require that the
existing landfill be utilized to its maximum possible extent before developing any new landfill sites
RS.New or expanded disoosal facilities where ooerations will not be easilv visible shall be ranked more
favorablv than sites where ooerations are easilv visible from off-site or where site ooerations cause
an imoairment to scenic resources.
This criteria is consistent with policies of Obj ective EQ-2, of the Marin Countywide Plan, that
identifies the visual esthetics of Marin County as a resource that needs to be conserved and
protected. The criteria is also consistent with CoSWMP's Alternative Siting Study criteria that
states that landfill sites must have low visibility.
R6.New or exoanded landfills shall be ranked less favorably ifthev are located in areas more susceotible
to soilliauefaction than sites that are located in areas at a lower risk.
This criteria is consistent with the Policy EH-5.2 and Policy EH-3.2 of the Marin Countywide Plan.
Policy EH-5.2 requires that applications for proposed sites located in areas of seismic hazards, such
as liquefaction, undertake geotechnical engineering investigation focusing on the seismic hazards.
Policy EH-3.2 specifies that new developments (Le. landfills) will be approved in identified
geological hazard areas only if the hazards can be reduced to acceptable levels through mitigation
measures which are appropriate to the site, and consistent with other policies in the Countywide
Plan.
R7.New or exoanded disoosal facilities shall be ranked less favorably ifthev are located in areas where
there will be si!:!nificant deterioration of ambient air qualitv.
This criteria is consistent with Policy EQ-2.78 of the Marin Countywide Plan. Policy EQ-2,78
states that as part of its environmental review process the County shall review proposed projects for
their potential impact on air quality conditions. The County then, through Program EQ-2.78a,
requires projects which generate high levels of air pollutants to incorporate air quality mitigation in
the project design,
C:~I.....g'<iwmp"itinglceq.Ipd-is3.dcc
5
R8.New or exoanded landfills shall be ranked less favorablv ifthev are located in or near areas
identified as habitat for rare or endangered soecies.
This criteria is consistent with Policies EQ-2.87 and EQ-2.88 of the Marin Countywide Plan,
Policy EQ-2.87 ensures that habitat and species impacted by a project shall be protected through
mitigation measures proposed during environmental review. In addition, Policy EQ-2.88 restricts 0
modifies areas of a project that contain special status species and their habitats to avoid impacts on
the identified areas.
R9.New or eXtlanded landfills shall be ranked less favorablv ifthev are located on land that contains
known historical or cultural sites.
This criteria is consistent with Policies EQ-3.31 and EQ-3.33 of the Marin Countywide Plan. To
protect historical or cultural sites Policy EQ-3 .31 requires development to avoid impacting sites
. identified as archeological resource. Additionally, Policy EQ-3.33 requires that buildings of
historical significance be preserved.
g) Environmental Setting:
Planning Area Descriotion Marin County is one of nine counties which comprise the Bay Area Region.
The county is located just north of San Francisco and includes 520.2 square miles ofland and 86.6
square miles of water for a total of 606.8 square miles. There are approximately 70 miles of coastline.
The unincorporated portion of the county consists of 445.51 square miles and the portion within the
incorporated boundaries of the eleven cities in the county totals 74.69 square miles ofland area.
.
.
The county has been divided into three environmental corridors for policy purposes and for ease of
environmental analysis. These corridors include: (1) the City-Centered Corridor; (2) the Inland Rural
Corridor; and (3) the Coastal Recreation Corridor. Most of Marin's population lives in the City-
Centered Corridor. The City-Centered Corridor consists of three main environmental zones, including
the bay shore, bayside plains and bayside foothills, knolls and ridges. The Coastal Recreation Corridor
is reserved for federal park lands and other recreational land uses as well as the preservation of existing
small coastal communities and agricultural uses.
Many unincorporated communities exist in Marin County and the development in many of these
communities is guided by community plans. There are seventeen community plans in the county,
Following adoption of the revised counly\vide plan, these plans were reviewed for consistency with the
countywide plan and revised as necessary.
The Countywide Plan divides the county into seven planning areas: Novato, Las Gallinas Valley, San
Rafael Basin, Upper Ross Valley, Lower Ross Valley, Richardson Bay, and West Marin. Countywide
Plan Technical Report #2, Existing Land Use and Demographic Conditions, contains a detailed
description of existing land use conditions in each planning area. The report also contains a complete
set of maps which illustrate existing land use policy for the entire county. Much of the land in Marin is
publicly owned, devoted to agri~ultural uses or already developed, leaving approximately 5% of the
total county land area for potential additional development.
Landfills are allowed in any landuse district, pursuant to the County Zoning Ordinance, with a use
pennit. The CSE proposes to meet the disposal needs of the county for the next 15 years and for the
6
c;llrootlplaaning"'iwmplsiting\c"l& lpd.isJ .doc
.
foreseeable future beyond that time through continued landfilling at existing approved landfill sites at
Redwood Landfill and West Marin Sanitary Landfill. These sites currently utilized by the county are
described in the following site summaries and are further described in the CSE on pages 5-10.
Redwood Landfill Redwood Landfill is located adjacent to Highway 101 approximately 4 miles not'
of Novato. On July 28, 1995 Redwood Landfill was issued a new Solid Waste Facilities Penr.
(SWFP) No 21-AA-0001. SWFP No, 21-AA-0001 allows the landfill to operate at a maximum (
2,300 tons per day (tpd) as follows: 1,270 tpd for non-hazardous general Municipal Solid WlIS1
(MSW); 1,000 tpd for non-hazardous sludge and 10 tpd for non-hazardous separated or commingle
recyclables; and 20 tpd for designated waste types, SWFP No 21-AA-0001 also specifies the hours (
operation, vehicle traffic volume, and the site height limitation of 166 feet Mean Sea Level (MSl
Based on information stated in SWFP No 21-AA-0001, the total design capacity at Redwood Landfill i
estimated to be 19,1 million cubic yards, Of this amount approximately 14.1 million cubic yards or 10,
million tons is available for disposal. At 1994 disposal rates this would extend the estimated site !if
until the year 2039.
.'
West Marin Sanitarv Landfill The West Marin Sanitary Landfill is located approximately one-quarter 0
a mile nonh of Point Reyes Station in West Marin. Currently West Marin Sanitary Landfill is operatinf
under conditions stated in the Notice and Order issued by EHS dated April 10, 1995. The April 10, .
1995, Notice and Order stipulates that a Periodic Site Review for West Marin Sanitary Landfill be
submitted to EHS by April 13, 1995, and an application for a revised SWFP be submitted no later than
April 13, 1995. The Periodic Site Review was submitted April 13, 1995, and an application for a
revised SWFP was submitted on April 13, 1995. On May 11, 1995, EHS informed West Marin
Sanitary Landfill that the application for a revised SWFP was incomplete, As a result ofthe documents
submitted by West Marin Sanitary Landfill regarding the application for a revised SWFP, on April 13,
1995 EHS initiated an EIR process for the documents submitted as part of the application for a revised
SWFP. Currently, West Marin Sanitary Landfill's 11.35 acre fill area has a capacity which will be
reached in either the year 2001 or 2006 based on an estimate oftotal remaining disposal capacity of
105,800 tons calculated at disposal rates of 19,500 or 10,000 tons per year (as of 6/2/94).
ExistinlZ Conditions In 1989, when AB 939 (The Integrated Waste Management Act) went into effect,
the County was operating under the goals and policies of the Marin Countywide Plan of 1982 and the
County Solid W~ste Management Plan of 1987 (CoSWMP) and its accompanying Alternative Siting
Study that was undenaken by the County to fulfill Measure 4.7-4 of the CoSWMP. Until such time as
the County Integrated Waste Management Plan (CIWMP) is adopted the CoSWMP remains as the
County's solid waste plan. In accordance with AB 939, the CIWMP consists offive elements of which
three elements, the Source Reduction and Recycling Element (SRRE), the Household Hazardous Waste
Element (HHWE), and the Non-Disposal Facility Element (NDFE) have been adopted by the County
and Cities and approved by the State. The two remaining elements are the Countywide Siting Element
and the Summary Plan. Current solid waste plarming is directed by the goals, policies, criteria, and
implementation measures of the CoSWMP and the Marin Countywide Plan of 1994 which incorporated
both the SRRE and HHWE, by reference, to guide solid and hazardous wastes practices in Marin
County and its cities. The CoSWNlP, SRRE, HHWE, and NDFE and Negative Declarations are herein
incorporated by reference and are available from the Marin County Office of Waste Management,
which is located in Suite 1022 of 10 North San Pedro Road in San Rafael. Inquiries may be directed to
(415) 499-6647
Marin Countywide Plan In 1994, Marin County Board of Supervisors adopted the Marin Countywide
Plan to guide the physical development of Marin County. The Marin Countywide Plan consists of
7
c:'Jrootlpw..;"g'<iwmp'"iting'"'t.\pd_isJ.doc:
elements which include goals, objectives, programs, and diagrams applicable to the physical
development of the County. The CSE is consistent with the Marin Countywide Plan. An
environmental impact report (EIR) for the Marin Countywide Plan was certified in 1993, The Marin
Countywide Plan and associated EIR are herein incorporated by reference and are available from the
Marin County Community Development Agency, which is located in Room 308 at 3501 Civic Center
Drive in San Rafael. Inquiries may be directed to (415) 499- 6269.
m CIRCULATION AND REVIEW
Agencies which will Adopt and/or be Responsible for Implementing the Countywide Siting Element:
a) Marin County Agencies:
· Department of Public Works/Office of Waste Management
· Community Development Agency
b) Other Responsible Agencies:
. City of Belvedere
· Town of Corte Madera
. Town of Fairfax
. City of Larkspur
. City of Mill Valley
· City of Nova to
· Town of Ross
. Town of San Anselmo
. City of San Rafael
. City of Sausalito
. Town ofTiburon
. Marin County
· California Integrated Waste Management Board
· Marin County Hazardous and Solid Waste Management Authorit)
IV. EVALUATION OF ENVIRONMENTAL IMPACTS AND :MITIGATION MEASURES
A. Introduction This initial study evaluates potential adverse environmental impacts that may result frorr
achievement of the CSE goals and implementation of the CSE policies and/or any inconsistencies between
the CSE site screening criteria and existing site screening criteria that would be utilized in selecting a new
site or expanding-an existing solid waste disposal facility. The existing conditions which the CSE is
evaluated and compared to, for consistency, are described in Section II g. Environmental Setting.
B. Specific Environmental Issues This section examines specific environmental factors for potential
impacts. Supporting informational sources are identified in Attachment # 1. Answers to all Items checked
are presented in the discussion following each topical issue and aggregate answers to each of the specific
issues listed under each heading.
o:\lio.tlpl&Minglc;wmpl<itinglc<qalpd.i.s3.doc
8
Significant Potentially LeU ThaD No
Impact SIgnificant SlgniIIcant AppUca
Unle.. Impact
Initial Study Checklist Mitigated
1. LAND USE AND PLANNING. Would the proposal:
a) Conflict with applicable Countywide Plan designation or [ ] [ ] [ ] [ ......]
zoning standards?
(source #(s): 1)
b) Conflict with applicable environmental plans or policies [ ] [ ] [ ] [ ......]
adopted by Marin County?
(source #(s): 1,5,6,7,8)
c) Affect agricultural resources, operations, or contracts [ ] [ ] [ ] [ ......]
(e.g. impacts to soils or farmlands, impacts from
incompatible land uses, or conflicts with Williamson Act
contracts)?
(source #(s): 1)
d) Disrupt or divide the physical arrangement of an [ ] [ ] [ ] [......]
established community (including a low-income or
minority community)? (source #(s): 1)
e) Result in substantial alteration of the character or [ ] [ ] [ ] [ ......]
functioning of the community, or present or planned use
ofan area?
(source #(s): 1)
t) Substantially increase the demand for neighborhood or [ ] [ ] [ ] [......]
regional parks or other recreational facilities, or affect
. existing recreational opportunities?
(source #(s): 1)
The adoption of the CSE would not conflict with any current Marin County or city zoning or general plan
policies. There are no additional solid waste disposal - related sites reserved in the CSE, except for those which
are currently approved and operating. It is stated in the CSE that any additional future disposal sites must be
compatible with general plan land use elements oflocal County and city jurisdictions. If future siting decisions
necessitate any general plan amendments or zoning changes in the County or any of the cities, the impacts would
be addressed in separate CEQA documentation prepared for the site specific project,
There are no known physical changes resulting from adoption of the CSE, which documents Marin County's
existing disposal capacity, the disposal capacity needed to accommodate the projected waste generated by Marin
County and its Cities for the next 15 years, and establishes criteria that would be used to evaluate future
proposed disposal sites.
9
c;1Jiost'planning'ciwmp";ting'=ja'pd.isJ.doc
Significant PotentlalJy Le.. Than l'
Impact SIgnificant SIgnificant AppU,
Unle.. Impact
Initial Study Checklist Mitigated
2. POPULATION AND HOUSING. Would the proposal:
a) Increase density that would exceed official population [ ] [ ] [ ] [.1']
projections for the planning area within which the project
site is located as set forth in the Countywide Plan and/or
community plan? (source #(s): 1) .
b) Induce substantial growth in an area either directly or [ ] [ ] [ ] [ .1']
indirectly (e.g, through projects in an undeveloped area or
extension of major infrastructure)? (source #(s): 1)
c) Displace existing housing, especially affordable housing? [ ] [ ] [ ] [ .1']
(source #(s): 1)
There are no known physical changes resulting from adoption of the CSE, which documents Marin County's
existing disposal capacity, the disposal capacity needed to accommodate the projected waste generated by MariJ
County and its Cities for the next 15 years, and establishes criteria that would be used to evaluate future
proposed disposal sites.
3. GEOPHYSICAL. Would the proposal result in or expose
people to potential impacts involving:
a) Location in an area of geologic hazards, including but not [ ] [ ] [ ] [.1']
necessarily limited to: 1) active or potentially active fault
zones; 2) landslides or mudslides; 3) slope instability or
. ground failure; 4) subsidence; 5) expansive soils; 6)
.
liquefaction; 7) tsunami; or 8) similar hazards?
(source #(s): 1)
b) Substantiar-erosion of soils due to wind or water forces [ ] [ ] [ ] [.1']
and attendant siltation from excavation, grading, or fill?
(source #(s): 1)
c) Substantial changes in topography from excavation, [ ] [ ] [ ] [ .1']
grading or fill, including but not necessarily limited to: 1)
ground surface relief features; 2) geologic substructures
or unstable soil conditions; and 3) unique geologic or
physical features? (source #(s): 1)
There are no known physical changes resulting from adoption of the CSE, which documents Marin County's
existing disposal capacity, the disposal capacity needed to accommodate the projected waste generated by Marin
County and its Cities for the next 15 years, and establishes criteria that would be used to evaluate future
proposed disposal sites.
C:~Ianain~wmp"iting\ccq.Ipd,isJ.doc
10
Significant POIa1Ila.Uy Leu ThaD No
ImplU:t S/gnifIcant Slgni1Icant AppUc:a
UnI... ImplU:t
Initial Study Checklist Mitigated
4. WATER. Would the proposal resulJ in:
a) Substantial changes in absorption rates, drainage patterns, [ ] [ ] [ ] ["" ]
or the rate and amount of surface runoff?
(source #(s): 1)
b) Exposure of people or property to water related hazards; [ ] [ ] [ ] [ ""]
including, but not necessarily limited to: 1) flooding;
2) debris deposition; or 3) similar hazards?
(source #(s): 1)
c) Discharge of pollutants into surface or ground waters or [ ] [ ] [ ] [ ""]
other alteration of surface or ground water quality (e,g.
temperature, dissolved oxygen or turbidity)?
(source #(s): 1)
d) Substantial change in the amount of surface water in any [ ] [ ] [ ] [""]
water body or ground water either through direct
additions or withdrawals, or through intersection of an
aquifer by cuts or excavations? (source #(s): 1)
e) Substantial changes in the flow of surface or ground [ ] [ ] [ ] [ ""]
waters, including, but not necessarily limited to: 1)
currents; 2) rate of flow; or 3) the course or direction of
water movements?
(source #(s): 1)
f) Substantial reduction in the amount of water otherwise [ ] [ ] [ ] [ ""]
available for public water supplies? (source #(s): 1)
There are no known physical changes resulting from adoption of the CSE, which documents Marin County's
existing disposal capacity, the disposal capacity needed to acconunodate the projected waste generated by Marin
County and its Cities for the next 15 years, and establishes criteria that would be used to evaluate future
proposed disposal sites,
s. AIR QUALITY. Would the proposal:
a) Generate substantial air emissions that could violate []
official air quality standards or contribute substantially to
an existing or projected air quality violation? (source
#(s): 1)
[ ]
[ ]
[ "" ]
~laaaing'awmp\silinglcoq.lpd.isJ.doc
11
Significant Potentially Leu Than N
Imput Significant Significant Applic
UnIes. Impact
Initial Study Checklist Mitigated
b) Expose sensitive receptors to pollutants, such as noxious [ ] [ ] [ ] U" ]
fumes or fugitive dust? (source #(s): 1)
c) Alter air movement, moisture, or temperature, or cause [ ] [ ] [ ] [.I"]
any change in climate? (source #(s): 1)
d) Create objectionable odors? (source #(s): 1 ) [ ] [ ] [ ] [.I"]
There are no known physical changes resulting from adoption ofth~ CSE, which documents Marin County's
existing disposal capacity, the disposal capacity needed to accommodate the projected waste generated by Marir
County and its Cities for the next 15 years, and establishes criteria that would be used to evaluate future
proposed disposal sites. .
6. TRANSPORTATION/CIRCULATION. Would the
proposal result in:
a) Substantial increase in vehicle trips or traffic congestion [ ] [ ] [ ] [ .1"]
such that existing levels of service on affected roadways
will deteriorate below acceptable County standards?
(source #(s): 1)
b) Traffic hazards related to: 1) safety from design features [ ] [ ] [ ] [ .1"]
(e.g. sharp curves or dangerous intersections); 2) barriers
to pedestrians or bicyclists; or 3) incompatible uses (e.g.
farm equipment)? (source #(s): 1)
.
.
c) Inadequate emergency access or access to nearby uses? [ ] [ ] [ ] [.I"]
(source #(s): 1)
d) Insufficient parking capacity on-site or off-site? [ ] [ ] [ ] [ .1"]
(source #(s): 1)
e) Substantial impacts upon existing transportation systems, [ ] [ ] [ ] [ .I" ]
including rail, waterborne or air traffic systems?
(source #(s): 1)
There are no known physical changes resulting from adoption of the eSE, which documents Marin County's
existing disposal capacity, the disposal capacity needed to accommodate the projected waste generated by Marin
County and its Cities for the next 15 years, and establishes criteria that would be used to evaluate future
proposed disposal sites.
O:~lamUng'<iwmpls;tin~"l'Ipd-is3.doc
12
Significant Polendally LeO. TIwi Not
Impact Significant Significant AppUca1
Unl.... Impact
Initial Study Checklist Mitigated
7. BIOLOGICAL RESOURCES. Would the proposal result
in:
a) Reduction in the number of endangered, threatened or [ ] [ ] [ ] [,1']
rare species, or substantial alteration of their habitats
including, but not necessarily limited to: 1) plants; 2) fish;
3) insects; 4) animals; and 5) birds listed as special-status
species by State or Federal Resource Agencies? (source..
#(s): 1)
b) Substantial change in the diversity, number, or habitat of [ ] [ ] [ ] [ ,I' ]
any species of plants or animals currently present or likely
to occur at any time throughout the year? (source #(s) 1
)
c) Introduction of new species of plants or animals into an [ ] [ ] [ J [ ,1']
area, or improvements or alterations that would result in a
barrier to the migration, dispersal or movement of
animals?
(source #(s): 1)
There are no known physical changes resulting from adoption of the CSE, which documents Marin County's
existing disposal capacity, the disposal capacity needed to accommodate the projected waste generated by Marin
County and its Cities for the next 15 years, and establishes criteria that would be used to evaluate future
proposed disposal sites.
"
8. ENERGY AND NA TUBAL RESOURCES. Would the
proposal result in:
a) Substantial increase in demand for existing energy [ ]
sources, or conflict with adopted policies or standards for
energy use?
(source #(s): 1)
[ ]
[ ]
[ ,1']
b) Use of non-renewable resources in a wasteful and
inefficient manner? (source #(s): 1)
[ ]
[ ]
[ ]
[,1']
"1lioot'l>lanning'awmpl<itinglceqalpd.is3.dcc
13
c) Loss of significant mineral resource sites designated in the
Countywide Plan from premature development or other
land uses which are incompatible with mineral extraction?
(source #(s): 1)
Significant POlenllally Leu Than N
Impact SIgni/lcant Significant Applk
UnIeu Impact
Mitigated
[ ] [ ] [ ] [ ,....]
Initial Study Checklist
There are no known physical changes resulting from adoption of the CSE, which documents Marin County's
existing disposal capacity, the disposal capacity needed to accommodate the projected waste generated by Marl
County and its Cities for the next 15 years, and establishes criteria that would be used to evaluate future
proposed disposal sites. '
9. HAZARDS. Would the proposal involve:
a) A risk of accidental explosion or release of hazardous [ ] [ ] [ ] [ ,....]
substances including, but not necessarily limited to: 1) oil,
pesticides; 2) chemicals; or 3) radiation)?
(source #(s): 1)
b) Possible interference with an emergency response plan or [ ] [ ] [ ] [ ,....]
emergency evacuation plan (source #(s): 1)
c) The creation of any health hazard or potential health [ ] [ ] [ ] [ ,....]
hazard? (source #(s): 1)
d) Exposure of people to existing sources of potential health [ ] [ ] [ ] [ ,....]
hazards? (source #(s): 1)
.
,
e) Increased fire hazard in areas with flammable brush, grass, [ ] [ ] [ ] [ ,....]
or trees? (source #{s): 1)
There are no known phySiCal changes resulting from adoption of the CSE, which documents Marin County's
existing disposal capacity, the disposal capacity needed to accommodate the projected waste generated by Marir
County and its Cities for the next 15 years, and establishes criteria that would be used to evaluate future
proposed disposal sites.
10. NOISE. Would the proposal result in:
a) Substantial increases in existing ambient noise levels?
(source #(s): 1)
[ ]
[ ]
[ ]
[ ,.... ]
c::lJiocl,!>lanaing\<iwmpl,,;ting'aqalpd_is3.doc
14
b) Exposure of people to significant noise levels, or conflictt;
with adopted noise policies or standards?
(source #(s): 1)
SIgnificant PotendalJy Le.. Than Not
Impact SIgnificant Significant AppUc:a1
Unle.. Imp""t
Mitigated
[ 1 [ 1 [ ] ["'l
Initial Study Checklist
There are no known physical changes resulting from adoption of the CSE, which documents Marin County's
existing disposal capacity, the disposal capacity needed to accommodate the projected waste generated by Marin
County and its Cities for the next 15 years, and establishes criteria that would be used to evaluate future
proposed disposal sites.
11. PUBLIC SERVICES. Would the proposal have an effect
upon, or result in a need for new or altered government
service
in any of the following areas:
a) Fire protection? (source #(s): 1) [ ] [ ] [ 1 ["'l
b) Police protection? (source #(s): 1) [ 1 [ 1 [ 1 ["'l
c) Schools? (source #(s): 1) [ ] [ 1 [ 1 [ ", 1
d) Maintenance of public facilities, including roads? [ 1 [ 1 [ ] ["']
(source #(s): 1)
e) Other goverrunental services? (source #(s): 1) [ ] [ ] [ ] [ ", ]
"
The project would not result in the need for additional public services because no physical changes would occur
with adoption of the CSE.
12. UTll.ITIES AND SERVICE SYSTEMS. Would the
proposal result in a need for new systems, or substantial
alterations to the follawing utilities:
a) Power or natural gas? (source #(s): 1 ) [ ] [ ] [ ] ["']
b) Communications systems? (source #(s): 1 ) [ ] [ ] [ ] [ ", ]
c) Local or regional water treatment or distribution facilities? [ ] [ ] [ ] [ ", ]
(source #(5): 1)
.
d) Sewer or septic tanks? (source #(s): 1 ) [ ] [ ] [ ] [ ", ]
e) Storm water drainage? (source #(s): 1 ) [ ] [ ] [ ] [ ", ]
15
c:_IpI.....g'ciwmploi1iog'<<qaIpd_isJ.doc
Significant PotentlalJy Leu Than r-
Impad SIgnificant SIgnificant Appli.
UnI...a Impact
Initial Study CheckIist Mitigated
f) Solid waste disposal? (source #(s): 1) [ ] [ ] [ ] [ .....]
The project would not result in a need for additional utilities and public service systems because no known
physical changes would occur with the adoption of the CSE.
13. AESTHETICSIVISUAL RESOURCES. Would the
proposal:
a) Substantially reduce, obstruct, or degrade a scenic vista []
open to the public or scenic highway, or conflict with
adopted aesthetic or visual policies or standards?
(source #(s): 1)
[ ]
[ ]
[ .....]
b) Have a demonstrable negative aesthetic effect by causing a [ ]
substantial alteration of the existing visual resources
including, but not necessarily limited to: 1) an abrupt
transition in land use; 2) disharmony with adjacent uses
because of height, bulk or massing of structures; or 3) cast
of a substantial amount of light, glare, or shadow?
(source #(s): 1)
[ ]
[ ]
[ .....]
There are no known physical changes resulting from adoption of the CSE, which documents Marin County's
existing disposal capacity, the disposal capacity needed to accommodate the projected waste generated by Marir
County and its Cities for the next 15 years, and establishes criteria that would be used to evaluate future
proposed disposal sites.
14. CULTURAL RESOURCES. Would the proposal:
a) Disturb pal_eonto10gical, archaeological, or historical sites, [ ] [ ] [. ] [ ..... ]
objects, or structures? (source #(s): 1)
b) Have the potential to cause a physical change which [ ] [ ] [ ] [ ..... ]
would adversely affect unique ethnic cultural values, or
religious or sacred uses within the project area?
(source #(s): 1)
There are no known physical changes resulting from adoption of the CSE, which documents Marin County's
existing disposal capacity, the disposal capacity needed to accommodate the projected waste generated by Marin
County and its Cities for the next 15 years, and establishes criteria that would be used to evaluate future
proposed disposal sites. .
c:lJiu.tlplanning'ciwmplsiting'aqalpd.ia3.doc
16
,
Significant
Impact
Potentially
Significant
Unlen
Mitigated
Len n..... Nt
Significant AppUe
Impact
Initial Study Checklist
IS. SOCIAL AND ECONOMIC EFFECTS. Would the
proposal result in:
Any physical changes which can be traced through a chain of [ ]
cause and effect to social or economic impacts.
. (source #(s): 1)
[ ]
[ ]
[" ]
There are no known physical changes resulting from adoption of the CSE, which documents Marin County's
existing disposal capacity, the disposal capacity needed to accommodate the projected waste generated by Marir:
County and its Cities for the next 15 years, and establishes criteria that would be used to evaluate future
proposed disposal sites.
V. MANDATORY FINDINGS OF SIGNIFICANCE. Pursuant to Section 15065 of the State EI1
Guidelines, a project shall be found to have a significant effect on the environment if any of the followin
are true:
(please explain your answer after each question)
Yes No Mayb
a) Does the project have the potential to degrade the quality of the [ ] [" ] [ ]
environment, substantially reduce the habitat of a fish or wildlife
species, cause a fish or wildlife population to drop below self-
sustaining levels, threaten to eliminate a plant or animal community,
reduce the number or restrict the range of a rare or endangered
plant or animal, or eliminate important examples of the major
" periods of California history or prehistory?
As discussed in Section IV of this Initial Study, staff concludes that
the goals, policies, and criteria of the Countywide Siting Element
would not have a significant effect on the environment.
Yes No Mayb.
b) Does the project have the potential to achieve short-term, to the [ ] [ " ] [ ]
disadvantage oflong-term, environmental goals?
As discussed in Section IV of this Initial Study, staff concludes that
the goals, policies, and criteria of the Countywide Siting Element
would not have a significant effect on the environment.
c:1Jioot'l>l&nninglciwmp,,;ting\co1j.\pd_isJ.doc
17
ATTACHMENT #1
INlTIAL STUDY
ENVIRONMENTAL CHECKLIST FORM
DOCUMENTS INCORPORATED BY REFERENCE
The following is a list of relevant information sources which have been incorporated by reference into the fore
Initial Study pursuant to Section 15150 of the State CEQA Guidelines. The number assigned to each information s
corresponds to the number listed in parenthesis following the incorporating topical question of the Initial Study che(
These documents are both a matter of public record and available for public inspection at the Planning Division off
'the Marin County Community Development Agency (CDA), Room 308, Civic Center, 3501 Civic Center Drive
Rafael. The information incorporated from these documents shall be considered to be set forth fully in the Initial Stt
(Only documents incorporated by reference into Initial Study should be listed below)
1. Marin Countywide Plan, CDA - Planning Division (1994)
2, California Code of Regulations, Title 23
3. 40 Code of Federal Regulations
4. Public Resources Code
5. County Solid Waste Management Plan, CDA - Planning Division (1987)
6, County Solid Waste Management Plan Alternative Siting Study, CDA _ P1annmg Division (1988)
7. Source Reduction and Recycling Element, Public Works - Office of Waste Management (1992)
8. Household Hazardous Waste Element, Public Works - Office of Waste Management (1992)
Cl&..t\pIanning'ciwmplsiting'a:qa\p<HaJ.doc
19
TOWN COUNCIL STAFF REPORT
To:
TOWN COUNCIL
FINANCE DIRECTOR
Meeting:
FEBRUARY 21,1996
# /1
From:
Item No:
Subject:
DRAFT BUDGET CALENDAR, FYs 1997, 1998
Backl!rollnd:
This is to provide Council with a copy of the Draft Budget Calendar for the next budget cycle.
Attachments:
l. Tiburon Budget Calendar
Page-1
TIBURONBUDGETCALENDAR
-.;........
.' . . -
. . .
Preparation of 2-Year Municipal Budget Plan
Fiscal Years ending June 30th 1997 & 1998
January 12 Fri Finance Director submits Mid-Year 1995/96 Report to Town Manager
February 6 Tue Finance Director submits Interim 1995/96 Budget Report to Town Manager
7 Wed Town Manager directs Finance Director to draft Budget Timetable for 1997 & 1998
23 Fri Finance Director provides Departments with Budget Worksheets and Materials
23 Fri Town Engineer directed to prepare two-year Cap~allmprovements Program
26 Mon Departments begin preparation of budget requests
March 8 Fri Finance Director submits Interim 1995/96 Budget Report to Town Manager
29 Fri Departments submit budget proposal(s) to Finance Director
April 3 Wed Finance Director compiles Department budgets for review by Town Manager
5 Fri Town Engineer submits Capital Improvements Plan 10 Finance Director
10 Wed Finance Director submits Interim 1995/96 Budget Report to Town Manager
12 Fri Finance Director submits Revenues Report for General, Restricted and
Redevelopment Agency Funds to Town Manager
Town Manager meets with Department Heads to discuss budget priorities
15 Mon Town Attorney
15 Mon Community Development - Planning, Design Review, Building Inspection
16 Tue Police
17 Wed Public Works - Streets, Parks
17 Wed Administration - Town Manager, Legislative, Town Engineer
19 Fri Town Manager meets with Town Engineer to discuss Capital Improvements Plan
May 10 Fri Finance Director reviews Draft Budget Plan with Town Manager
10 Fri Finance Director submits Interim 1995/96 Budget Report to Town Manager
22 Wed Printing of Preliminary Budget Plan
June 5 Wed Present Preliminary Budget Plan, Overview of General Fund Revenues &
Expenditures (Regular Town Council Meeting)
7 Fri Finance Director submits Interim 1995/96 Budget Report to Town Manager
17 Mon Department Operating Budgets (Adjourned Council Meeting)
19 Wed Capital Improvement Program, Debt Service Program (Regular Council Meeting)
19 Wed Redevelopment Agency Budget Plan (Regular RDA Meeting)
July 3 Wed Adopt 2 Year Municipal Budget Plan