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TIBURON TOWN COUNCIL
AGENDA
REGULAR MEETING
TOWN OF TIBURON
1101 TIBURON BLVD.
MEETING DATE:
MEETING TIME:
CLOSED SESSION:
JANUARY 3, 1996
7:30 P.M.
7:00 P.M.
PLEASE NOTE: In order to give all illterested 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 1Nith 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 35,102-35.104 ADA Tille II]
A. ROLL CALL
B. ANNOUNCEMENT OF CLOSED SESSION ACTION (lfanv)
C. PUBLIC QUESTIONS AND COMMENTS
Please confine your comments during this portion of the agenda to matters not already on this agenda. other
than items on the Consent Calendar. The public will be given an opportunity to speak on each agenda item at
the time it is called Presentations are limited to three (3) minutes. Matlers requiring action will be referred to
the appropriate Commission, Board, Commillee or Staff for consideration and/or placed on a future meeting
agenda.
D. INTRODUCTION OF TOWN EMPLOYEE
Laurie Nielsen (public Safety Clerk)
E. SPECIAL RECOGNITION
Erin Inskip (Police Officer) - Saving Citizen's Life
F. CONSENT CALENDAR
The purpose of the Comenl Calendar is to group items together which generally do not require discussion and
which will probably be approved by one motion unless separate action is required on a particular item, Any
member of the Town Council, Town Staff. or the Public may request removal of an item/or discussion.
1.
APPROVAL OF TOWN COUNCIL MINUTES - #1071, December 6,1995;
#1072. December 11, 1995; #1073, December 26,1995
2,
FALSE ALARM ORDINANCE - Establish Fees and Penalties (Resolution)
G. UNFINISHED BUSINESS
3. NEW LIDRARY SITE (Lease or Sale of Property to BelvederelTiburon
Library Agency)
4. GREEN CAN TRIAL PROGRAM (Consider Implementation of Townwide
Program)
H. PUBLIC HEARING
5. TREE ORDINANCE - AMENDMENTS TO CHAPTER 15A OF TIDURON
TOWN CODE REGULATING TREES - 2nd Reading and Adoption
6, FALSE ALARM ORDINANCE - Correction of Clerical Error/2nd Reading and
Adoption
I. NEW BUSINESS
7, REVIVAL OF MID-DAY STEAM TRAIN WHISTLE - Proposal by Heritage
& Arts Commission
8, CURB & GUTTER DEPOSITS FOR NEW HOMES - Rescind Town Council
Resolution No. 2065 Requiring $5,000 Deposit (Resolution)
J. COUNCIL. COMMISSION & COMMITTEE REPORTS
MARIN COMMUNITY FOUNDATION (Councilmember Hennessy)
K. COMMUNICA nONS
L. STAFF & TOWN MANAGER REPORTS
9. VISITATION LEVELS AT ANGEL ISLAND STATE PARK - Review
Consistency with General Plan Policies
M. ADJOURNMENT
Future Agenda Items
- Library Ordinance - 1st Reading (January 17,1996)
- Revised Traffic Ordinance - 1 st Reading (January 17, 1996)
- Appeal of Design Review Board Decisions -- Permits for Main Street ADA Compliance
- Presentation & Recognition for Town Service (Bennett, Perlmutter. Slavitz, Klairmont)
- PG&E Response to December Power Outages
DATE OF MEETING: JANUARY 3.1996
NO. 1-1996
DATE POSTED: December 29. 1995
NOTICE OF STATUTORY AUTHORITY FOR HOLDING
CLOSED MEETING OF THE TIBURON TOWN COUNCIL
Pursuant to California Government Code Sections 54950 et seq., the Town Council will hold a
Closed Session, More specific information regarding this meeting is indicated below:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGA TION
(Section 54956.9a)
Name of Case: State of California y. Zelinsky. et al.
(Marin County Superior Court No. 163929)
l+-em Na. I. a. >
TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Wolf called the regular meeting of the Town Council of the Town of Tiburon to order at
7:45 P.M., Wednesday, December 6, 1995 at the Town Council Chambers, 1101 Tiburon Blvd.,
Tiburon, CA 94920.
A ROLL CALL
PRESENT: COUNCILMEMBERS:
Hennessy, Ginalski. Thayer, Thompson, Mayor Wolf
EX-OFFICIO:
Town Manager Kleinert, Chief of Police Herley,
Town Attorney Sharp, Planning Director Anderson,
Finance Director Stranzl, Engineer Mohammadi,
Minuter Clerk McVeigh
B. ANNOUNCEMENT OF CLOSED SESSION ACTION
Mayor Wolf announced that no action was taken at the Town Council's Closed Session.
C. PUBLIC OUESTIONS AND COMMENTS
Council member Hennessy donated the proceeds from her election campaign to the Town for the
purpose of purchasing furniture for the new Town Hall. She presented the Town Manager with a
check in the amount of$I.001.48 and challenged members of the community to match her
donation,
D. APPOINTMENTS TO BOARDS. COMMISSIONS OR COMMITTEES
MOTION:
MOVED:
VOTE:
to appoint Donna Brill to the Tiburon Peninsula Disaster Planning Committee
Thompson, seconded by Hennessy
Unanimous
E, CONSENT CALENDAR
Councilmember Ginalski requested Item 4 be removed from the Consent Calendar for discussion.
Councilmember Thompson amended minutes #1068. page 2, Item G., 3rd paragraph to read
"..former Mayors Ross, Forrell, Duke. Hansen. Wilson Edelstein, Coxhead. and citizens..."
TOWN COUNCIL MINUTES #1071
December 6, 1995
Mayor Wolf amended minutes #1069, page 4, second to last paragraph to read "In response to a
question from Town Manager Kleinert,..."
MOTION:
MOVED:
VOTE:
to adopt the Consent Calendar as amended
Hennessy, seconded by Thompson
AYES: Unanimous
G. UNFfNISHED BUSINESS
7. NEW TOWN HALL AND LffiRARY FACILITIES
A. Processing Schedule: Planning Director Anderson reported at Council's workshop
session of November 21,1995, Staff was requested to provide a best case scenario for
processing the New Town Hall project Anderson reviewed the four steps that must be
taken and the best case scenario would have final approval of the project by mid-March.
He noted that due to the General Plan amendment he would suggest ajoint meeting of the
Town Council and Planning Commission to maintain the mid-March approval date.
Mayor Wolf opened the matter for public comment. There were none.
Council member Thompson thanked staff for their work and stated he would like to adhere
to the schedule presented by the Planning Director. In the interest of time he supports a
joint meeting of the Planning Commission and Town Council.
MOTION:
MOVED:
Vote:
to adopt this schedule and opt for ajoint meeting with the Planning
Commission and Town Council to deal with the General Plan issue
Thompson, seconded by Hennessy
AYES: Unanimous
B. CEO A. Story Poles & Planning Commission Issues: Planning Director Anderson
responded to Councilmember Ginalski's memorandum dated November 22, 1995. He
noted the Town did not want to "chop" the Town Hall and Library projects up, but
CEQA's definition of a project requires the Town Hall and Library to be considered
separate projects, He noted the Town must do an initial study on the first project applied
for and take into account cumulative impacts for projects that are know to the extent they
can be addressed. At the time the initial study for the Library project began, the Town
Hall had not been designed. With the design of the New Town Hall, an amended initial
study for the Library project will be released next week, which will restart the 30 day
review period. The Library project is scheduled for the Council's regular meeting of
January 17, 1996.
In regard to processing the New Town Hall application, Planning Director Anderson
reported last Spring staff drafted an Ordinance for processing the Library project The
Ordinance would have exempted the Library from all aspects of the Zoning Ordinance and
TOWN COUNCIL MINUTES #1071
December 6, 1995
2
set the Town Council as the only body that would look at and approve the project. The
Design Review Board would be given authority to look only at changes that have occured
to the plan since their last review in 1993. He noted the Town Hall project can be
basically dealt with the same way with the exception of the General Plan amendment and
to a lesser exteht the re-zoning, the Planning Commission will have to review these two
items. He noted a draft Ordinance outlining this processing will be presented at Council's
regular meeting of January 17, 1996. Attorney Sharp noted there is nothing in the law
that would not allow the Town from proceeding in this manner. Sharp noted it is a policy
question as to wether the Council wants the Planning Commission to look at this project
before the CounciL
Council member Thayer noted he is all for moving the project along, but would like the
benefit of the Planning Commission's review.
After further discussion it was the consensus of the Council to hold a joint
Council/Planning Commission meeting to look at the New Town Hall application
after the 30 day waiting period has expired,
Regarding story-poles Town Manager Kleinert reported he has instructed Public Works to
erect the story poles the last week of December for the Design Review Boards
consideration the first week of January.
C. Library Land Lease: Attorney Sharp reported it is appropriate to continue this public
hearing to the first meeting in January 1996. He noted there are extensive insurance and
indemnification requirements contained in this lease and the Library's attorney should be
present in any negotiations. He encouraged the Council to keep their minds open to an
out right conveyance because of the insurance an indemnification issues. He noted there
will have to be a Planing Commission finding that disposition of the property is consistent
with the General Plan. He noted there is a reversionary clause in the lease and the Town
should look at the Library budget to make sure the building gets built and up and running,
He reported there are questions with regard to the levels of insurance that the Town
should require the Library Committee to maintain, i.e. default in the construction, 3rd
party claims arising out of construction, etc.
Mayor Wolf and Councilmember Thompson volunteered to serve as the Council's Ad-hoc
committee to work with the Library Committee to resolve any lease issues.
Dr. Rosen of the Library Committee reported he would like to start working with the
Council sub-committee as soon as possible, The Library Committee plans on breaking
ground in early Spring and they need to have official access to the property.
TOWN COUNCIL MINUTES #1071
December 6, 1995
3
8. MILL VALLEY REFUSE SERVICES - EXTENSION OF FRANCHISE AGREEMENT
Finance Director Stranzl reported this item is a request by Mill Valley Refuse to extend its
franchise agreement, which expires 12/31/99, for five years to 12/31/05. He noted this
extension agreement addresses some of the more modem aspects of the franchise.
Mr. AI Bianchi, attorney for MV Refuse, reviewed the provisions of the revised franchise
agreement. He reported that the Town is meeting its AB939 goals presently with the use
of the green can program.
Councilmember Thompson noted Section 10 of the agreement addresses the
implementation of the green can program and questioned if the Town was going to
proceed with the program, Mr. Bianchi responded that MV Refuse if offering to
implement the program if desired.
Councilmember Hennessy noted that the number of free pickups at the corporation yard is
left blank. Mr. Bianchi responded that MV Refuse must provide Tiburon the same level of
services it provides other communities,
Councilmember Ginalski questioned why there was no initial cost associated with the extra
service programs in the Agreement. Mr. Bianchi noted MV Refuse would have to obtain
approval of the Town Council for any costs for the services.
Mayor Wolf opened the public hearing.
Karen Nygren questioned ifMV Refuse could provide the hazardous and solid waste
program if the Marin County Solid Waste JPA is disbanded?
Joe Keller, 699 Hilary Drive, reported his concerns have been addressed as it appears the
Council has a line item veto over certain programs,
Being no further public comment, Mayor Wolf closed the public hearing.
Councilmember Ginalski expressed his concern with section 10,A. dealing with the green
can program. The section specifies a very specific 68-gallon can. He noted some
residents will not use these large recepticals, He recommended more generic language
such as "The collector agrees to provide a green can disposal program or such other
program",
MOTION:
Moved:
Vote:
to adopt the franchise extension subject to the modification of paragraph lOa
Thayer, seconded by Hennessy
AYES: Unanimous
TOWN COUNCIL MINUTES # 1 071
December 6, 1995
4
H. NEW BUSINESS
9. STREETS IMPROVEMENT PROGRAM
Finance Director Stranzl reviewed two proposals to fund $2.5 million in street
improvements, One method would be a 5-year pay as you go program. The other, 10
year bond financing, both supported by a special tax, He noted the bond financing
program would cost property owners $109 a year for 10 years. The pay-as-you-go
program would cost single family residential units, buildable lots and commercial parcels
$147 a year for 5 years. Multiple units would pay $147 for the first unit and $72 for each
additional unit.
Discussion ensued regarding exemptions to the proposed tax. Planning Director Anderson
reported there are 16 units in Tiburon Hills that are low-moderate income units.
Councilmember Ginalski feels the list of the streets to be improved with this tax should be
made available. Town Engineer Mohammadi stated he is not sure which streets would be
included, but he would start with the IMS pavement study for the base. He did not
support publishing the list of streets to be improved.
Joe Keller, 699 Hilary, asked what percentage of votes would be needed to pass this tax.
Mayor Wolf responded 66-2/3%.
Karen Nygren questioned if Main Street would be included for repairs. Town Manager
Kleinert responded that the Town will have to deal with Main Street separately.
Council member Hennessy stated Main Street belongs to the entire community and does
not want to see each business taxed,
Mayor Wolf questioned the Council if they prefer the 10 year bond plan or the pay-as-
you-go plan, what units should be exempted, and wether a prepayment discount should be
available.
Council member Thayer stated he supports the pay-as-you-go differentiated plan providing
exemptions for PG&E life-line customers and low-moderate income units and a
prepayment discount of 5%.
Council member Thompson agreed with Thayer.
Mayor Wolf noted the Hilarita could be taxed on a pro-rata basis depending on the
number of units that are occupied by low-moderate income earners,
Council member Hennessy agreed with Thompson and Thayer but does not feel the
Hilarita should be taxed.
TOWN COUNCIL MINUTES #1071
December 6, 1995
5
Council directed Staff to "fine tune" the 5-year pay-as-you-go differentiated option
exempting non-buildable parcels. provide a prepayment discount, and determine if the
units in Tiburon Hills and the Hilarita should be exempted based on wether they are
designated low-moderate income units.
1. PUBLIC HEARINGS
10, HISTORICAL DESIGNATION OF NEWMAN PROPERTY
This item was continued to December 11, 1995
11, FALSE ALARM ORDINANCE
Chief of Police Herley reported he is recommending revising the current false alarm
ordinance as it has become difficult to administer. He noted the program has not been
successful in reducing the number of false alarms and has alienated the community against
the police. He noted the current ordinance is too severe in terms of fines.
He noted a task force of Councilmembers, alarm industry professionals, and police
representatives have met and drafted the revised ordinance language.
Mayor Wolf noted Section 29-10 (b) refers to a 24 hour period and (g) refers to one
calendar day, and suggested they be consistent.
Chief Herley reviewed the revised penalties, noting they are more equitable.
Councilmember Thompson expressed concern with the language in Section 29-11 which
refers to the police having no obligation to respond to an alarm system which has been
deemed a public nuisance.
Dave Stollmeyer, 2332 Mar East stated this ordinance is much better than the present and
other members of the alarm industry are in support of the revisions,
MOTION:
Moved:
Vote:
to read by title only
Hennessy, Seconded by Thayer
AYES: Unanimous
Mayor Wolf read "AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON REPEALING CHAPTER 29 OF THE TIBURON MUNICIPAL CODE
REGARDING ALARM SYSTEMS AND ENACTING A NEW CHAPTER 29".
MOTION:
Moved:
Vote:
to pass first reading
Thompson, Seconded by Ginalski
AYES: Hennessy, Ginalski, Thayer, Thompson, Wolf
TOWN COUNCIL MINUTES # 1 071
December 6, 1995
6
12. AMENDMENTS TO CHAPTER 23 OF TIBURON TOWN CODE - REVISED
TRAFFIC ORDINANCE
This item was continued to December II, 1995
13. AMENDMENTS TO CHAPTER 15A OF TIBURON TOWN CODE REGULATING
TREES
This item was continued to December II, 1995
4. NEW TOWN HALL - Reimburse James Gilliam Architects for Services
Councilmember Ginalski questioned if this was for services authorized by the Council.
Mayor Wolf stated if was for the February 4, 1995 workshop session which was autorized
by the Council.
MOTION:
Moved:
Vote:
to approve Consent Calendar Item 4
Thompson, Seconded by Hennessy
A YES: Hennessy, Thayer, Thompson, Wolf
NOES: Ginalski
J. COMMUNICATIONS
14. Letter From Redwood High School to Town Manager "Grad Night"
Town Manager Kleinert reported in the past this matter has been referred to the Parks &
Open Space Commission.
K STAFF & TOWN MANAGER REPORTS
There were none.
L. ADJOURNMENT
Being no further business of the Town Council of the Town of Tiburon, Mayor Wolf
adjourned the meeting at 10:00 PM. to Monday, December II, 1995.
NICKY WOLF, MAYOR
Town ofTiburon
ATTEST:
DIANE L. CRANE, Town Clerk
TOWN COUNCIL MINUTES # I 071
December 6, 1995
7
TOWN COUNCIL
MINUTES
f~i^ 1lG. _I. b.
DRAFT
CALL TO ORDER
Mayor Wolf called the adjourned meeting of the Town Council of the Town of Tiburon to order
at 7:30 P.M., Monday, December 11, 1995 in Council Chambers, 1101 Tiburon Boulevard,
Tiburon, California.
A. ROLL CALL
PRESENT:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
EX OFFICIO:
Hennessy, Thayer, Thompson, Wolf
Ginalski
Town Manager Kleinert, Chief of Police Herley,
Planning Director Anderson, Finance Director
StranzI, Town Engineer Mohammadi, Town Clerk
Crane
B. PUBLIC OUESTIONS AND COMMENTS
None.
C. CONSENT CALENDAR
2. Councilmember Thompson said the Town's withdrawal from the Marin County Hazardous and
Solid Waste Management JPA would take place before the end of the 6/30 fiscal year, probably
in January.
MOTION:
Moved:
Vote:
To Approve Consent Calendar
Thayer, Seconded by Thompson
AYES: Unanimous
ABSENT: Ginalski
D. NEW BUSINESS
4. Red & White Fleet - New Year's Eve Service to San Francisco. Approved by Council; no
formal action taken.
E. UNFINISHED BUSINESS
S. New Town Hall Facilities. Architect Mark Schatz presented the final site plan, schematic floor
plans and building elevations for approval by CounciL He said the Library Board had expressed
its support, There was a brief discussion about parking and circulation on the site. Mr. Schatz
TOWN COUNCIL MINUTES # 1 071
December 11.1995
said the new drawings reflected changes made after meetings with Town Staff, and the building
elevation now had a stronger presence facing the street (Tiburon Boulevard). Council reached
consensus to approve the plans, subject to minor revisions, in order to proceed with CEQA
processing,
6, Streets Improvement Program. Council discussed property exemptions and directed staff to
check with Assessor regarding proper delineation of units. Council revised wording for ballot
measure, subject to Town Attorney's review. Councilmember Hennessy made a corrected to
Section 4 of the Resolution,
Motion:
Moved:
Vote:
To Adopt Resolution Calling an Election on March 26 for the Purpose of Placing a
Measure on the Ballot
Hennessy, Seconded by Thayer
AYES: Unanimous
ABSENT: Ginalski
F. PUBLIC HEARING
7 A Historical Designation of Newman Property - 841 Tiburon Blvd. After a brief report from
Heritage & Arts Chair Victoria Arnett, Council voted unanimously to approve the designation.
7B. Numerical Identification of Designated Historical Landmarks. Council continued item
pending Heritage & Arts approvaL
8, False Alarm Ordinance. Chief of Police Herley said the revisions requested by Council at first
reading had been made, He also called for a correction of a typograhical error on page 3,
MOTION:
Moved:
Vote:
To read Ordinance 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 Tiburon Municipal Code Regarding Alarm Systems and Enacting a New
Chapter 29,"
MOTION:
Moved:
Vote:
To Adopt Ordinance
Thayer, Seconded by Thompson
AYES: Hennessy. Thayer, Thompson. Wolf
ABSENT: Ginalski
9. Revised Traffic Ordinance, Council referred the draft ordinance to the Planning Commission
for review. to be brought back for first reading in January, 1996.
TOWN COUNCIL MINUTES #1071
Deu:mbcr 11,1995
2
10. Amended Tree Ordinance - I st Reading, Planning Director Anderson said that the ordinance
was working but that amendments had been made by the Planning Commission (at Council's
request) in November.
During public hearing, Elly Spader, Mediation Services, asked for clarification of the "pruning"
provisions of the ordinance. She also said that Tiburon was way ahead ofa lot of towns with the
tree ordinance, and that it was fairly easy to mediate.
MOTION:
Moved:
Vote:
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 Amending
Chapter 15A of the Tiburon Municipal Code (Trees),"
MOTION:
Moved:
Vote:
To pass First Reading of Ordinance
Hennessy, Seconded by Thayer
AYES: Hennessy, Thayer, Thompson, Wolf
ABSENT: Ginalski
G. COMMUNTCA nONS
II. Letter to City Managers from MMWD. Council declined to send letter on behalf ofMWWD
for reconsideration of State Order pertaining to water release into Lagunitas Creek for protection
of fisheries.
H. ADJOURNMENT
There being no further business before the Town Council of the Town ofTiburon, Mayor Wolf
adjourned the meeting at 9:08 p.m., to the December 20 Holiday Party at Tutto Mare.
NICKY WOLF, MAYOR
ATTEST:
DIANE L. CRANE, TOWN CLERK
TOWN COUNCIL MINUTES # !O7l
December II, 1995
3
TOWN COUNCIL OF THE TOWN OF TIBURON
MINUTES - NO. 1073
# /
/8
CALL TO ORDER
Mayor Nicky Wolf called the special meeting of the Town Council of the Town of Tiburon to order at 5:35
P.M" Tuesday, December 26, 1995, at 1101 Tiburon Boulevard, Tiburon, California.
A ROLL CALL
PRESENT:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
EX-OFFICIO:
Hennessey, Wolf, Thomson, Thayer
Ginalski
Richard Stranzl. Finance Director
B. PUBLIC OUESTIONS AND COMMENTS:
None.
C. UNFINISHED BUSINESS:
1. Streets Imorovement Program - Revise Final Ballot Wording for Parcel Tax to Implement Five (5) 'Year
Street Repair Program. The Finance Director reviewed the staff report which included proposed revisions
of the ballot wording which must be submitted to the County Registrar of Voters by December 29, 1995. The
ballot wording is to be revised to indicate parcel taxation plans with specific reference to commercial parcels in
the Town. The staff report included two options, the only difference between in layout and presentation of the
wording. Mayor Wolf expressed concern that previous revenue estimates provided for taxation of commercial
parcels; the Finance Director confirmed that previous parcel tax revenue estimates included commercial parcels.
MOTION:
Moved:
Ayes:
To Adopt Ballot Wording Option No.1.
Hennessy, Seconded by Thompson
Wolf, Hennessy, Thompson, Thayer
Noes: None.
Absent:
Ginalski
MOTION: Amend Previous Ballot Wording Resolution (Section 2.) To Incorporate Ballot Wording Adopted
in previous motion.
Moved: Hennessy, Seconded by Wolf
Ayes: Wolf, Hennessy, Thompson, Thayer Noes: None. Absent: Ginalski
D. ADJOURNMENT:
There being no further business before the Town Council of the Town ofTiburon, Mayor Wolf adjourned the
meeting, sine die.
NICKY WOLF, MAYOR
ATTEST:
R. STRANZL. FINANCE DIRECTOR
IkM N6. ~
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
ESTABLISHING FEES AND PENALTIES
FOR FALSE ALARMS AND ALARM PERMITS
WHEREAS, Chapter 29 of the Tiburon Municipal Code regulates the
installation and use of alarm systems in the Town of Tiburon, and
WHEREAS, Chapter 29 was repealed in its entirety by ordinance and
replaced by a new Chapter 29 of the Tiburon Municipal Code in December, 1995,
WHEREAS, Chapter 29 provides that the Town Council shall adopt a
resolution establishing fees for alarm permits and fees and penalties for responses to
false alarms,
NOW THEREFORE BE IT RESOLVED by the Town Council of the Town
of Tiburon that fees and penalties set forth in Exhibit 1 (attached hereto and
incorporated herein by reference) are hereby adopted.
PASSED AND ADOPTED at a regular meeting of the Tiburon Town Council
on January 3, 1996, by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
NICKY WOLF, MAYOR
ATTEST:
DIANE L. CRANE, TOWN CLERK
1
EXHIBIT 1
FEES AND PENALTY SCHEDULE FOR
ALARM PERMITS AND FALSE ALARMS
1. Alarm User Permit
Initial Permit (valid 2 years)
Renewal (valid 2 years)
2. False Alarm Fee and Penalty based on Calendar
Year Period (No user shall be charged more than
$200 in fees and penalties in any calendar day).
A. ALARM USER WITH VALID PERMIT
First - Third False Alarm(s)
Fourth and Subsequent False Alarms
B. ALARM USER WITHOUT VALID PERMIT
(No permit or suspended permit)
First and Subsequent False Alarms
(Note: If alarm user obtains a permit within
30-days of notice of the alarm penalty, $50 shall
be taken off the alarm penalty).
$25.00
$15.00
No Charge
$100
(Fee - $50)
(Penalty - $50)
$100
(Fee - $50)
(Penalty - $50)
MEMORANDUM
TO:
TOWN COUNCIL
JANUARY 3,1996
FROM:
TOWN MANAGER
ITEM: 3
SUBJECT: CONVEYANCE OF MAR WEST SITE TO THE BEL VEDERE/TffiURON
LIBRARY AGENCY
BACKGROUND
For the past several months the Town has considered possible options for the most appropriate
conveyance of its property located at the intersection of Mar West and Tiburon Boulevard to the
New Belvedere/Tiburon Library Agency for construction of the new community library,
At Council's December 6 regular meeting the Acting Town Attorney reviewed a draft lease which
would convey the subject property to the Library Agency and protect the Town's interests. The
draft lease was similar in format to the Town's current lease with the BelvederelTiburon
Landmarks Society for the Donahue Building, However, because of the various terms and issues
associated with such a land lease (rent, term, indemnification, ADA, etc), the proposed lease
provisions became somewhat complex and cumbersome, It was suggested that a sub-committee
of the Town Council (Mayor Wolf and Council member Thompson) meet with representatives
from the New Library Steering Committee to review the lease proposal and revise it accordingly
for mutual acceptance.
Following to the December 6 meeting the Town Attorney and representatives from the Library
Agency have suggested that it may be prudent to consider sale of the property as the most
mutually beneficial conveyance mechanism,
Time if of the essence and the Library Agency is only interested in being able to demonstrate that
it has official access to the property. They must show control of the property as they proceed
with the bidding process, Whatever conveyance mechanism is utilized, it is essential that a
reversionary clause for the land be incorporated. The new library facility would be owned by both
the City of Belvedere and Town ofTiburon,
RECOMMENDA nON
I. That the Town Attorney outline the benefits of sale of the property as opposed to leasing
the property.
2. That Council determine which option best serves the Town ofTiburon in conveying this
property to the Library Agency and direct the Town Attorney to proceed accordingly.
3, Ifnecessary, a meeting between the Town Council sub-committee and the Library Agency
representatives should be scheduled to finalize this conveyance.
TOWN COUNCIL STAFF REPORT
To:
TOWN COUNCIL
FINANCE DIRECTOR
Meeting:
JANUARY 3, 1996
4-
From:
Item No:
Subject:
MILL V ALLEY REFUSE SERVICE - GREEN CAN TRIAL PROGRAM
Consider Implementation of Town-wide Program
Backl!round:
This item is for review of the Green Can Trial Program which was tested over a four month period in portions
of certain areas of the Town - Reedlands & Reedland Woods, Bel veron, Del Mar, Hawthorne and Old
Tiburon (approximately 300 households); and for consideration and discussion concerning Town-wide
implementation of the Program.
Discussion:
At the Town Council meeting of June 7,1995 Council authorized Mill Valley Refuse Service to test the
Green Can Program in certain areas of Town, as enumerated above, from August through November.
Mill Valley Refuse Service mailed a questionnaire to participating households in December for the purpose of
receiving thoughts. comments and suggestions concerning the Program. Attached Exhibit 2. is the company's
synopsis of the results of the Green Can questionnaire, also included is summary infonnation concerning
Program costs and projections.
Mill Valley Refuse Service believes the test Program was succcssful, both in tenns of public response,
participation, and diversion. The company is of the opinion that the test Program, with modifications that
address residents' concerns, should be implemented on a Town-wide basis. The company has indicated a
willingness to work with the Town to implcmcnt a Grcen Can Program which will meet the needs of both the
T 0\\11 and its residents.
Recommendations:
T 0\\11 Council receive report by Mill Valley Rcfuse Scrvice, and consider implementation of the Green Can
Program on a T o\\l1-wide basis.
Exhibits:
I, Mill Valley Rcfuse Scrvice, Ictter to Green Can Program customcr, 12/26/95
2, Mill Valley Rcfuse Scrvice, report on Grcen Can Program 12/95
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/tIFflSE
~O IfllllCE, I PO BOX 3557 - SAN RAFAEL, CALIFORNIA 94912-3557
~' INt. Ia PHONE (415) 457-9760 FAX (415) 457-3003
. fA
December 26,1995
Dear Customer;
We at Mill Valley Refuse Service would like to take this opportunity
to thank you for your support and participation in Tlburon's "Green
Can" pilot program. The results of the questionnaire that was
previously maUed to all participants are very positive and show the
majority would llke to see the program continue. We are currently
exploring other options to assist those of you who have specific
concerns with the program as proposed. Our long range goal is to
provide an overall program that is user friendly to all residents,
We ask that you take a moment and send a short letter or note to
your Town Council indicating your su pport and/or concerns for the
program. The Green Can pUot program is scheduled for review and
consideration by the Tiburon Town Counell at theIr January 3, 1996
regular meeting, 7:30 pm. Your support for this program is vital to its
continuance. Once again we would like to thank you for your
participation and support. Best wishes for the Holiday Season!
The address for the Town Council is;
Town of Tiburon
1155 Tiburon Blvd.
Tlburon CA 94920
Sincerely;
MVRS
F.u'
Co
PosHI" fax No'. 7671
To ~ '-#: 1"';1,/ -I-
Co iDept ~ .- ~/. I
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TIBURON "GREEN CAN"
~rWT PROGRAM REVIEW
During Our pilot program which has been in operation since August
has been very successful in our estimation. Over 25 tons of yard
waste has been diverted through this program, most of which would
have been destined for the landfill jf not for this program. With only
300 homes participating and with a new program such as this these
numbers are quite good. We have had a participation rate in excess
of 5Q<l/6 throughout the program, also quite good for a start-up
program such as this.
PARTICIPANT RESPONSE
In early November MVRS mailed a questionnaire to aU pilot program
participants. With 300 mailings we received 210 responses, 170
participants would like the program to continue, while 40 answered
no to one or more of the three questions, only 20 responded no to all
three questions. Some of the comments we received from the 40
participants who dislike parts of the program can be easlly
addressed. To date the program has had the following guidelines.
One 68 gallon green can and one bundle of cuttings 2 feet in
diameter and 5 feet long at the curb on their designated coIlection
day. MVRS is going to expand the options in the fOllowing ways.
1. They may place at the curb the green can and one bundle 2 feet in
diameter and 5 feet long.
2. Three bundles 2 feet in diameter and 5 feet long.
3. MVRS is also considering a smaller can (32 gallon) for residents
who have expressed concerns over the weight and size of the larger
cans.
EXHIBIT NO. d-
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41: 1:' i
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.
4. MVRS will also allow elderly residents who can not move their
cans to the street to store their cans up to 25 feet off the road,
provIded that a clear path to the street is available.
Clearly our attempt Is to provide a user friendly program to all
residents ofTlburon,
fROGRAM PROJECTIONS
With the limited data available we project to divert over 500 tons of
yard waste. This Is a 300% increase over current yard waste
diversion
E..ROGRAM COST
The rate increase required to Implement this program will be
6.40%.MVRS did not require a rate increase for the 95/96 fiscal year
and if early indications are correct we will not require a rate Increase
for our regular operations for the 96/9i fiscal year. This also takes
into consideration the newly added fees for the Office of Waste
Management, with Tiburon's share of that being roughly $28,000.00.
MVRS ANALYSIS
MVRS feels that the pilot program has been a tremendous success
and that any and all customer concerns can be addressed amicably.
MVRS recommends that the Council approve the program with the
changes we have suggested. We feel that any program of less
frequency or quantity of this wlll only have to be modified in the
near future.
TOWN COUNCIL
ST AFF
REPORT
TO:
FROM:
TOWN COUNCIL
SCOTT ANDERSON, L:,f--
PLANNING DIRECTO~
MEETING DATE: 1/3/96
ITEM NO.: .5
SUBJECT: REVISIONS TO TREE ORDINANCE--CHAPTER 15A OF TIBURON
TOWN CODE (ORDINANCE, SECOND READING & ADOPTION)
BACKGROUND
At its meeting of December 11, 1995, the Town Council held first
reading of the attached Ordinance amending Chapter 15A of the
Town Code. The matter now comes to the Council for second
reading and adoption,
RECOMMENDATION
1. Hold a public hearing.
2. Move to read by title only.
3. Hold a roll call vote adopting the ordinance.
EXHIBITS
1. Draft Ordinance.
\scott\treetc2.rpt
TlBURON TOWN COUNCIL
STAFF REPORT
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ORDINANCE NO.
N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AMENDING CHAPTER 1SA OF THE TIBURON MUNICIPAL CODE (TREES)
Section 1.
Findinqs.
WHEREAS, the Planning commission held public hearings on
October 25 and November 8, 1995, and has received public
testimony on this matter and has recommended amendments to
Chapter 15A as specified in Resolution No. 95-20; and
WHEREAS, the Town Council has held public hearings on
December 11, 1995 and January 3, 1996, and has received public
testimony on this matter; and
WHEREAS, all notices and procedures required by law
attendant to the adoption of this Ordinance have been followed;
and
WHEREAS, the Planning Commission and Town Council have found
that the proposed Town Code revision is consistent with the goals
and policies of the Tiburon General Plan and other ordinances and
regulations; and
WHEREAS, the Town Council has found that the project is
categorically exempt from the requirements of CEQA per Section
15308 of the CEQA Guidelines.
section 2.
Chapter 1SA of the Tiburon Municipal Code Amended.
Chapter 15A of the Tiburon Municipal Code is hereby amended
as follows (amended text is in italics and underlined):
(A) Policy No. 1 of Section l5A-l is amended to read as follows:
Policy #1: The Town recognizes the scenic
importance, shade-creatin~. and privacy-creating
benefits of trees to the community, The Town also
recognizes that trees can provide soil stability, noise
buffering, and wind protection benefits, and can help
prevent erosion and debris flow landslides on the hilly
terrain which characterizes most of Tiburon. The Town
of Tiburon greatly values its trees for their
ecological importance, visual enhancement of the
community, and their contribution to residential
privacy and quietness.
Town ofTiburon
Ordinance No. N.S.
Adopted _1_1_
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(E) The final paragraph of Section 15A-5 is amended to read as
follows:
The Planning Director may require additional
information to secure the purposes of this Chapter,
including a report by a certified arborist satisfactory
to the Town, and/or a tree inventory of the subiect
property. when reasonably necessary to a final
determination. The cost of any such report or
additional information shall be responsibility of the
applicant.
(C) The first paragraph of Section 15A-6 is amended to read as
follows:
Once the Planning Director determines that the
application is complete, he should cause to be mailed
"courtesy" notices to all owners of property, as listed
on the available County Assessment rolls, within 300
feet of the subject property, and to residents and
other parties. including homeowners associations. which
in the discretion of the Director, may be significantly
affected. The notice should briefly describe the
proposed work to be performed. Courtesy notices should
be mailed at least ten (10) days prior to a decision by
the Director.
(D) The first paragraph of Section 15A-7 is amended to read as
follows:
The Planning Director may issue the permit upon
finding that it would be consistent with the purposes,
policies, and regulations set forth in this Chapter._
The Planning Director shall have the discretion to
refer any application to the Design Review Board for
hearing and action. and the Board shall have all
authority and discretion of the Planning Director. as
set forth in this Ordinance. in acting on applications.
Section 3.
Seoarabili ty.
Should any part or provision of this Ordinance be declared
by a court of competent jurisdiction to be invalid or
unconstitutional, such decision shall not affect the validity of
this Ordinance as a whole, or any part thereof except that part
or provision so declared invalid or unconstitutional.
Town ofTiburon
Ordinance No. N.S
Adopted _1_1_
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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 January 3, 1996, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
NICKY WOLF, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE L. CRANE, TOWN CLERK
\scott\treerev.ord
Town ofTiburon
Ordinance No. N.S.
Adopted _1_1_
EX HTBIT NO.-L
TOWN OF TIBURON
MEMORANDUM
TO:
TIBURON TOWN COUNCIL
DATE:DECEMBER 28, 1995
FROM:
PETER G, HERLEY,
CHIEF OF POLICE
I~m:
~
SUBJECT: MODIFICATION OF THE RECENTLY REVISED ALARM ORDINANCE
Today, the software programmer for our computerized alarm program was here from San Diego to reprogram and
update our computer system to accommodate the recently revised Alarm Ordinance, He pointed out an area which
was modified, but, should l10t be changed as it is literally impossible to program the computer to accept the
modification -- that the Department would have to manually search through every permit every two years to adhere
10 the revision. We were not aware of the software reprogramming problems the revision would cause when it was
submitted for approval of the Town CounciL It is much easier to change this prior to the revised Ordinance taking
effect. This is a minor revision of what the Town Council just approved.
Under "Section 29-6!d), Alarm Permits Reouired" which the Town Council recently approved, it states that
"____An alarm user permit shall be valid to December of the vear foUowinr r6' t..8 )Cflf3 fr8H1 the
date of issuance. During that time, the permit shall not be transferable and shall terminate when
there is a change of alarm user. change of location or upon suspension. ..
The recommended section will read as follows:
".__.An alarm user permit shall be valid for two vears from the dale of issuance. During that time,
the permit shall not be transferable and shall terminate when there is a change of alarm user, change
of location, or upon suspension. "
It would be considerably easier, both from a labor intensive as well as a computer program standpoint to not revise
this section at all, That is, leave it as it. Thus, the computer can automatically generate a bill 3D-days before the
alarm permit becomes invalid (two years after issuance). If this is not done automatically, each alarm permit will
have to be manually searched and a bill then manually generated,
~~
CHIEF OF POLICE
cc: Robert L. Kleinert, Town Manager
ORDINANCE NO.
AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON REPEALING CHAPTER 29 OF
THE TIBURON MUNICIPAL CODE REGARDING ALARM
SYSTEMS AND ENACTING A NEW CHAPTER 29
The Town Council of the Town of Tiburon does ordain as follows:
SECTION 1. The existing Chapter 29 of the Tiburon Municipal Code (False
Burglar Alarms) is hereby repealed in its entirety.
SECTION 2. A new Chapter 29 is hereby added to the Tiburon Municipal
Code to read as follows:
Sections:
Sec. 29-1
Sec. 29-2
Sec. 29-3.
Sec. 29-4.
Sec. 29-5.
Sec. 29-6.
Sec. 29-7.
Sec. 29-8.
Sec. 29-9.
Sec. 29-10.
Sec. 29-11.
Sec. 29-12.
Sec. 29-13.
Sec. 29-14.
Sec. 29-15.
Chapter 29
BURGLAR ALARM SYSTEMS
Findings and Purpose
Definitions
Administration
Alarm business registration.
Alarm business notification of installation.
Alarm permits required.
Alarm permit conditions.
Automatic dialing and direct connection systems prohibited.
False alarms prohibited.
False alarm fees and penalties.
Response cancellation.
Suspension of alarm permit
Reactivation of response.
Appeals.
Enforcement.
Section 29-1. Findings and Purpose.
There are a substantial number of burglar alarms received by the Tiburon
Police Department. It is the policy and practice of the Tiburon Police Department to
respond to all alarms and prepare a report for each response. Most of these alarms
drafted: December 28, 1995
1
are false and are the result of improper maintenance or use of an alarm system.
False alarms needlessly divert limited police resources from genuine alarms
and other emergencies. Police officers responding to false alarms are not available
to perform other necessary police duties.
The purpose of this ordinance is to reduce the number of false alarms in order
to conserve police personnel time and increase protection for all citizens of the Town.
This purpose is accomplished by providing minimum standards for installation and
operation of alarm systems. This ordinance also imposes the costs of responding to
false alarms on the alarm nser and imposes penalties for false alarms.
In addition, this ordinance requires alarm users to obtain an annual alarm
permit. The purpose of this permit is to increase police effectiveness and promote
public safety by allowing the police department to maintain current, accurate
emergency information for all alarm systems in the Town of Tiburon.
Section 29-2. Definitions.
For purposes of this Chapter, the following words and phrases shall have the
following meaning:
(a) "Alarm agent" means any person employed by an alarm bnsiness whose
duties include installing, maintaining, repairing, replacing or servicing an alarm
system or responding to same.
(b) "Alarm business" means any person operating for any consideration
who is engaged in the installation, maintenance, alteration or servicing of alarm
systems or who responds to such alarm systems.
(c) "Alarm system" means an assembly of equipment and devices arranged
to signal the presence of any condition upon premises within the Town of Tiburon to
which the police department normally responds. The term "alarm system" shall
include equipment which is designed to detect an emergency, or which is designed to
be activated by a person to report an emergency. Alarm systems include, but are not
limited to, local alarm systems and central station alarm systems. Alarm systems
shall not include audible alarms affixed to automobiles.
(d) "Alarm user" means any person who owns, leases, is the agent of the
owner or lessee of, or otherwise is in possession or control of a premises on which an
alarm system has been installed and operates.
drafted: December 28, 1995
2
(e) "Audible alarm system" means an alarm system which is capable of
being heard outdoors when it is activated.
(0 "Automatic telephone dialing alarm system" means an alarm system
which utilizes a device which automatically transmits a pre-recorded message over
telephone lines to a number in the Town's communication center.
(g) "Central station alarm system" means an alarm system which transmits
the alarm signal to a facility where operators monitor the system and retransmit the
signal to the Town's communications center.
(h) "Chief of Police" means the Chief of the Tiburon Police Department or
the Chief's designee.
(I) "Direct connection alarm system" means an alarm system which
transmits an alarm signal directly to the Town communications center.
(j) "Emergency" means the commission or attempted commission of any
felony, unauthorized entry into premises or any act of violence.
(k) "False alarm" means an alarm signal resulting in a response by the
police department when an emergency does not exist. An alarm shall be presumed
false if the responding officer(s) does not locate any evidence of an intrnsion or of the
commission of an unlawful act or emergency on the premises which might have caused
the alarm to sound. Alarms caused by earthquakes, hurricanes, tornadoes, or other
"violent" acts of nature, shall not be deemed false alarms.
(I) "Local alarm system" means an alarm system which is operated by the
user who is normally responsible for its operation. The alarm signal is annunciated
only on the premises.
(m) "Person" means an individual, partnership, unincorporated association
or corporation.
(n) "Premises" means any land and building located within the Town of
Tiburon except land or buildings owned or leased by the federal government, State
of California or any political subdivision of the state, including public services.
{Ql "Public nuisance" means an alarm svstem that is falsely activated more
than eirht times in a "365-dav" neriod.
drafted: December 28, 1995
3
(p) "Town communications center" means the Tiburon Police Department, the
Southern Marin Communications Center or any other entity providing police
dispatching services for the Tiburon Police Department.
(q) "Town manager" means the Town Manager of the Town of Tiburon or
the Manager's designee.
Section 29-3. Administration.
The provisions of this Chapter shall be administered and enforced by the Chief
of Police. The Chief of Police is authorized to make inspections of alarm systems and
the premises where such systems are located to determine whether an alarm permit
is required. The Chief of Police shall also have the authority to make and enforce
such rules and regulations as are necessary to implement the provisions of this
chapter.
Section 29-4. Alarm Business Registration.
(a) Every alarm agent or alarm business conducting business in the Town of
Tiburon shall first register with the Chief of Police by providing proof that the person
or business has (1) a current, valid Alarm Operators License issued by the State of
California, and (2) a current business license issued by the Town of Tiburon.
(b) Upon registering with the Chief of Police, every alarm agent or alarm
business shall be provided with a copy of this Chapter, any Town Council resolutions
establishing fees or penalties authorized by this Chapter and any rules and regulations
adopted by the Chief of Police for the purpose of implementing this Chapter.
No alarm business shall sell, install or maintain any such system in the Town
of Tiburon without providing continuous twenty-four (24) hour service for such
system.
Section 29-5. Alarm Business Notification of Installation.
(a) Alarm businesses shall notify the Tiburon Police Department each time the
business sells or installs an alarm system witbin the Town of Tiburon. This
notification shall be in writing, and shall be made within ten (10) days of each such
sale or installation or a change in any of the following required information:
drafted: December 28, 1995
4
(1) The name, address, and telephone number of the alarm business
or its alarm agent.
(2) The address where the alarm system has been installed, the name
of the alarm users and their business addresses and telephone
numbers, and residential address and telephone number.
(3) The name of at least one other person responsible to respond to
the alarm site in the event the alarm is activated and his or her
business address and telephone number, and residential address
and telephone number.
(4) The type of alarm system installed and the emergency or unlawful
act it is designed to detect.
(b) Alarm businesses shall notify the Tiburon Police Department each time
the business activates an alarm system during the installation, repair or testing of
such system if the activation results in an audible signal that can be heard outside of
the building or premises, or the alarm, whether audible or silent, could otherwise
result in the Tiburon Police Department responding to a false alarm.
(d Alarm businesses shall notify their customers of all chanres in the Burylar
Alarm Svstem Ordinance.
Section 29-6. Alarm Permits Required.
(a) No alarm user shall install and/or operate an alarm system on any
premises within the Town of Tiburon unless such person or business has been issued
a permit pursuant to the provisions of this Chapter. Alarm lISers with existing alaI m
systems in tlse 6n the cffcetiu dllte 6f this Chaptcr shall ha. e tlntil Jantlar) 1, 1994
t6 appl, f-6r the pcr mit reqtlir ed b, this sedi6n.
(b) Applications for permits and renewals of permits shall be filed in
writing with the Chief of Police, on a form provided by the Chief of Police, along with
a non-refundable application or renewal fee in the amount set by the Town Council
by resolution.
(c) The alarm permit will be issued by the Chief of Police if all of the
conditions set forth in Section 29-7 are satisfied. Denial of a permit may be appealed
pursuant to Section 29-13.
drafted: December 28, 1995
5
(d) An alarm user permit shall be valid for two years from the date of
issuance. During that time, the permit shall not be transferable and shall terminate
when there is a change of alarm user, change of location or upon suspension.
(e) Upon reinstatement of a permit which has been suspended in accordance
with this Chapter, the same fee shall be required for reinstatement as would be
required for an original permit.
(0 All governmental entities shall be exempt from fees for permits, but
shall be subject to all other provisions of this Chapter.
(g) The information contained on the application form and any subsequent
inspection or investigation notes, reports, or files pertaining to the alarm user shall
be confidential and not open to public inspection. It is hereby declared that this
information is critical to the safety and security of the alarm user and law
enforcement personnel and that the public interest served by not disclosing said
information to the public clearly outweighs the public interest served by disclosing
said information.
(h) The permit shall list the alarm business, alarm agent or other person
responsible for operation and maintenance of the alarm and at least one other person
who may be contacted in an emergency or to confirm an alarm.
<n Upon issuance of an alarm permit or the renewal of a permit, the Chief of
Police shall provide the alarm user with information regarding the provisions of this
Chapter and any applicable fees or penalties adopted by the Tiburon Town Council
and in effect at that time.
Section 29-7. Alarm Permit Conditions.
Every alarm user within the Town of Tiburon shall comply with the following
conditions. The breach of any of these conditions shall be sufficient cause for
suspension of the permit by the Chief of Police.
(a) It shall be unlawful to buy, sell, install, or operate within the Town of
Tiburon an audible alarm system which upon activating emits a sound similar to
sirens in use on emergency vehicles or for civil defense purposes. For purposes of this
section, any electronic sounding device that produces a variable pitch-tone shall be
considered similar to an emergency vehicle siren. This section shall not apply to
sirens mounted inside a building which cannot be heard from outside of the building.
(b) It shall be unlawful to install on the exterior or interior of a building an
drafted: December 28, 1995
6
alarm system which, upon activation, emits a sound exceeding 85 decibels when
measured from outside the premises. It shall also be unlawful to install on the
interior of a building an alarm system which, upon activation, emits a sound
exceeding 95 decibels.
(c) Every owner maintaining an audible alarm sh.all post a notice containing
the name and telephone number of the alarm business, alarm agent or other person
responsible for operation or maintenance of the alarm. This notice shall be posted
near the alarm so that it is legible from the ground adjacent to the building.
(d) The alarm system must be equipped with an automatic shut-off device
which shall silence the alarm and/or turn off all exterior pulsating lights, except alarm
indicator lights, within fifteen minutes.
(e) It is the responsibility of the alarm user to ensure that all emergency
information on the alarm permit is current. The Chief of Police shall be notified
within thirty (30) days of any changes in individuals responsible for the operation of
the alarm system and/or a change in the alarm company.
(I) Alarm users, alarm businesses or alarm agents, when requested by the
Tiburon Police Department, shall have the alarm user, a representative of the alarm
business or other responsible person respond to the scene of the alarm within one (1)
hour of the request to render necessary service. This service shall include, but is not
limited to, opening the premises for building searches, resetting the alarm system(s)
and securing the building as necessary.
(g) All components comprising an alarm system must be maintained in good
repair to assure reliability of operation.
(h) The sensory mechanisms used in connection with all alarm systems shall
be adjusted to suppress false alarms.
(I) All alarm systems shall be supplied with an uninterruptable backup
power supply which will automatically assume the operation of the alarm system
should normal electrical service be interrupted. The backup power supply shall be
capable of at least four (4) hours of operation. The transfer of power from the
primary source to the backup source must occur in a manner which does not activate
the alarm.
(j) Any building containing two or more separate and distinct living units
or businesses which are equipped with alarms shall display in a conspicuous place, at
or near the entrance to the building, a visual or audible device indicating which of the
alarms has been activated.
drafted: December 28, 1995
7
(k) In the event that a group of alarm users are placed on a single incoming
line, the system must be so designed as to reset itself within one minute so as to afford
protection to the rest of the alarm users on the single line. It must also be so designed
so as to activate a visual or audible alarm at the violated premises even after the
system has reset, affording protection to the other users.
(I) Alarm users with existing alarm systems in use as of the effective date
of this ordinance shall have until January 1, 1996, to either bring their system into
compliance with the requirements of this section, request an extension of time to
comply or request an exemption from the requirements of this section. Requests for
extensions of time or exemption shall be made in writing to the Chief of Police who
may grant such requests upon finding that to do so would not frustrate the purposes
of this Chapter.
Section 29-8. Automatic Dialin!! and Direct Connection Svstems Prohibited.
It shall be unlawful to buy, sell, install or operate any alarm system which,
when activated, causes an alarm to be sent directly to the Town Communications
Center or Tiburon Police Department by an automatic dialing system, a direct
connection alarm system, or any other means.
Section 29-9. False Alarms Prohibited.
No alarm user shall operate or maintain an alarm system which emits false
alarms.
Section 29-10. False Alarm Fees and Penalties.
(a) Alarm users with a valid, current alarm permit on fIle with the Tiburon
Police Department shall be subject to false alarm fees and penalties beginning with the
third fourth false alarm occurring in eadl 12 m6nth a calendar vear period lifter
issuanee 6f the permit. Alarm users shall not be charged for more than one false
alarm penalty in any single calendar day unless the false alarms are directly caused
by the user. The amount of the fees and penalties shall be established by the Town
Council through adoption of a resolution.
(b) Alarm users without a valid, current alarm permit (including those with
suspended permits) shall be subject to false alarm fees and penalties for each and
every false alarm. Alarm users shall not be charged for more than one false alarm
penalty in any twenty-four hour period single ealendltl da} unless the false alarms are
directly caused by the user. The amount of the fees and penalties shall be established
by the Town Council through adoption of a resolution.
drafted: December 28, 1995
8
W Alarm users without a valid oermit shall have thirty (301 davs to obtain a
permit after receivinr notice of the false alarm penaltv. If a permit is obtained within
that time. $50 shall be taken Q,f/ the alarm fees and penalties.
(d) Failure to pay false alarm fees and penalties may be cause for
suspension of the alarm permit.
(e) The Chief of Police may waive false alarm fees and penalties if an
examination of the facts indicates the alarm system was activated under unusual or
extraordinary circumstances. In addition, fees may be waived for up to 30 days
to allow for adjustments to correct mechanical and/or operational problems for any
new, improved or replaced alarm system. Requests for waiver shall be made in
writing and shall be processed under the provisions of Section 29-14.
(1) The amount of any false alarm fees and penalties imposed pursuant to
the authority of this Chapter shall be deemed a debt to the Town of Tiburon. An
action may be commenced in the name of the Town in a court of competent
jurisdiction for the amount of any unpaid fees and penalties as well as any fees or
charges required to file and pursue such civil action.
(g) The Chief of Police may, in the exercise of his discretion, direct that the
police department shall not respond to a premises under the following circumstances:
there have been repeated false alarms in one calendar day and the alarm user,
business or other responsible person cannot come to the premises, correct the problem
or turn off the alarm system. The dedsion not to respond shall nm be effeetil e rer
longer than seltn (7) dll)S. The alarm user shall be responsible for any fees or
penalties incurred prior to the decision not to respond.
Section 29-II.
Response Cancellation
{gl The police deoartment shall have no oblil!ation to re$JJond to an alarm
system which has been deemed a public nuisance. as defined in Section 29-2. Upon
reachinr completion Q,f the above d(finition. upon meetinr any or all Q,f the below listed
criteria. and uoon notice as described below. the police deoartment shall no lonrer
re$JJond to the alarm sivnal.
ill The violation of any Q,f the provisions Q,f the oermit aereement:
ill When an alarm system actuates excessive false alarms and. thereby.
constitutes a nuisance as defined herein:
ill When the apolicant or permittee. or his ef1lJ)loyee or al!ent. has
knowinv{y made any false. misleadinf{ or fraudulent statement of a
drafted: December 28, 1995
9
material fact in the aoplication for a permit or in any report or
record reauired to be filed with any Town arencv.
00 When the alarm user fails to Day fees or oenalties within 60-davs.
{S1 When police respond to a false alarm within 30-davs after a
revocation Qj response has been reinstated.
ill1 Response to a location shall not be revoked due to non-acquisition Q.f an
Alarm Permit.
{d If an alarm location's status is on a "Response Cancellation" status at the
end of a calendar Year. for purposes Q,f calculatin!! total responses for relatinr to
cancellation. the total number Q.f responses shall not revert to zero and will be
cumulative.
W The owner and/or licensee Q.f an alarm system which constitutes a public
nuisance as dl!.fined in this chapter shall be notified bv the chit:.' Q.' police. or his
desirnee. that the police department is under no obliration to respond to the oremises
Qf an alarm which constitutes a oublic nuisance. The chit:f of police. in the case Q.f such
revocation. shall serve the oermittee with a written order Q.f revocation which shall state
the reasons for such revocation. The order shall be di!posited in the United States mail
as soon as possible q,fter such alarm has been constituted as a public nuisance or
oersonally served. Said order shall be effective immediatelY. (f per,~onallY served. or
forty-eiflht hours 4/ter the same has been di!posited in the course Q,f transmission in the
United States Postal Service.
ill Nothwithstandinr the f:.(fectiveness Q.f an order of revocation. the oermittee
may continue the use of any alarm ~ystem requirinr a oermit until the allPeal process has
been exhausted. unless the chif:.f Qj police. or his desivnee. determines that the continued
ooeration of such alarm system intetferes with the sq,fe and f:.(ficient ooeration Qf the
public sq,fe(y dlipartment involved. The owner Qf an audible alarm system shall be
required to immediately deactivate the audible portion of the system. upon notification
that the system is a public nuisance.
Section 29-12.
Suspension of Alarm Permit.
(a) Upon evidence that any of the permit conditions set forth in Section 29-7
has been violated or that false alarm fees and penalties have not been paid, the Chief
of Police may suspend an alarm permit. The suspension shall become effective fifteen
(15) days after written notice of the suspension is mailed by the Chief of Police to the
alarm user and alarm business listed on the permit unless an appeal is filed pursuant
to Section 29-14.
(b) The suspension shall be lifted once evidence is presented to the Chief of
drafted: December 28, 1995
10
Police establishing that the violations have been corrected 6r' lll1!J. the alarm fees and
penalties have been paid.
Section 29-13.
Reactivation of Res]Jonse.
ResDonse to an alarm location shall be reactivated under the followinll conditions:
lal AccqJtance Qf Droof by the alarm user or alarm COmDany of correction Q,f
the problem which activated the alarm: and.
illl AcceDtance Q,f proQ,f by the Chil:/ of Police: and.
W Payment of past due penalties.
Section 29-14. Appeals.
An alarm user whose application for a permit has been denied, has had their
permit suspended or Dolice reSDonse revoked or has been denied a waiver of fees or
penalties by the Chief of Police may appeal that decision.
(a) The initial appeal shall be to the Chief of Police. A letter of appeal
must be filed with the Chief of Police within fifteen (15) days of the mailing of the
letter of notification of the proposed action. While the appeal is pending, the action
proposed by the Chief of Police shall not be implemented. This initial appeal shall be
informal and no written decision need be prepared. Failure to file a timely appeal
shall constitute a waiver of the alarm user's right to appeal provided however, that
the Chief of Police may in his discretion waive the fifteen (15) day limit if good cause
is shown or there is cause to believe that it might encourage substantial cooperation
from the alarm user.
(b) If the alarm user is dissatisfied with the decision of the Chief of Police,
they may file a letter of appeal to the Town Manager. The Town Manager shall set
a time and place for a hearing which shall be no more than fifteen (15) days after the
Manager's receipt of the letter of appeal. Failure to file a timely letter of appeal to
the Manager shall be a waiver of the alarm user's right to a hearing.
(c) At the time and place set for the hearing upon the appeal, the Town
Manager shall hear evidence from the appellant and/or any other interested party.
The burden of proof shall be upon the appellant to show that there was no substantial
evidence to support the Chief of Police's action.
(d) Within five (5) days after the conclusion of the hearing, the Town
drafted: December 28, 1995
11
Manager shall render a decision on the appeal. The decision shall be final. Notice
of the decision shall be mailed to the appellant within three (3) days of the decision.
If the appeal is denied and involves a suspension of a permit, the notice shall inform
the alarm user of the exact date that the suspension shall commence, which shall in
no event be sooner than five (5) days after notice of the decision has been mailed.
Section 29-15. Enforcement.
Any person or business violating any provision of this Chapter shall be guilty
of an infraction. Upon conviction on an infraction, a person shall be subject to
payment of a fine, not to exceed the limits set forth in Government Code Section
36900. After the third conviction for a violation of this Chapter within any twelve
(12) month period any subsequent violation within a twelve (12) month period may
be punished as a misdemeanor.
SECTION 3.
SEVERABILITY.
If any section, subsection, clause, sentence, or phrase of this Ordinance is for
any reason held to be invalid or unconstitutional by a decision of a Court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of the Ordinance. The Town Council of the Town of Tiburon hereby
declares that it would have passed this Ordinance, any section, subsection, sentence,
clause or phrase thereof, irrespective of the fact that anyone or more sections,
subsections, sentences, clauses, or phrases may be declared invalid or
unconstitutional.
SECTION 4.
EFFECTIVE DATE.
This Ordinance shall take effect and be in force thirty (30) days after the date
of passage. Pursuant to the provisions of Government Code Section 36933, a
summary of this ordinance shall be prepared by the Town Attorney. At least five (5)
days prior to the Council meeting at which adoption of the ordinance is scheduled, the
Town Clerk shall (1) publish the summary, and (2) post in the office of the Town
Clerk a certified copy of this ordinance. Within fifteen (15) days after adoption of
this ordinance, the Town Clerk shall (1) publish the summary, and (2) post in the
office of the Town Clerk a certified copy of the full text of the ordinance along with
the names of those Council members voting for and against the ordinance.
drafted: December 28, 1995
12
This ordinance was introduced at a regular meeting of the Town Council of the
Town of Tiburon on , and was adopted at a regular meeting of the
Town Council of the Town of Tiburon on by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ANDREW THOMPSON, MAYOR
Town of Tiburon
DIANE CRANE, TOWN CLERK
drafted: December 28, 1995
13
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TO
TOWN COUNCIL
December 19, 1995
FROM:
VICTORIA ARNETT
14-(1\'\: 7
SUBJECT: STEAM TRAIN WHISTLE
Community members wishing to recreate the nostalgic flavor of Tiburon's past as a
railroad town, suggested to the Heritage & Arts Commission that we revive the train
whistle that blew at noon in the rail yard during the Northwest Pacific Railroad's active
years. Donald Batten, an enthusiastic volunteer and railroad buff, created a train sound
on tape using simulated recording of a steam whistle "toot", followed by the sound of an
authentic Tiburon train whistle blowing as it prepared to leave town. The sound lasts 22
seconds, three seconds less than San Francisco's and other town mid-day whistles.
The Tiburon Fire Protection District gave the commission permission to install sound
system on their building on a trial basis and to mount it there permanently if the Town
approves, A copy of their letter is attached. We selected the fire house, not only
because it is close to the former railroad shop area, where the noonday whistle blew,
but because it is the best place for sound to echo through the downtown area. The
refrain can be made as loud or as soft as the Town wants. Donald Batten would install
the system and maintain it at no cost to the Town. He has already demonstrated the
train sounds to the Tiburon Fire Protection District and the Heritage & Arts Commission
and will demonstrate the tape for the Council if you so desire.
The Heritage & Arts Commission recommends the installation of a sound system to
encourage the preservation of the Town's railroad and ferry past. The whistle has a
practical purpose as well since it announces the mid-day time in a pleasant and
entertaining way, The train sound in the downtown area would further tell the story of
Tiburon along with the Walking Guide which has been very well received,
Cordially,
_.u...-k-/ta_ ;:t2.-rJ~lG
----.
Victoria Arnett, Chair
Heritage & Arts Commission
VAlJP
Attachment
TIBURON FIRE PROTECTION DISTRICT
1679 TIBURON BOULEVARD, TIBURON, CALIFORNIA 94920
TELEPHONE: (415) 435-7200 FAX: (415) 435-7205
ROSEMARY BLISS, FIRE CHIEF
December 1, 1995
Victoria Arnell
30 Lagoon Road
Belvedere, CA 94920
Dear Ms. Arnett,
Regarding our recent phone conversation, I have enclosed a copy of the
minutes of May 10th meeting of the Board of Directors.
As you can see, the Board endorsed a three-week trial period for an elec-
tronic railroad steam whistle to be operated once a day at noon from
Station 11, subject to Town of Tiburon approval.
Before we can proceed with the installation of the steam whistle, we
request that you acquire approval from the Town of Tiburon.
Sincerely,
~~=~~ --.~~t~ I
Rosemary Bliss
Fire Chief
--;
PROTECTING THE COMMUNITIES OF BELVEDERE AND TIBURON
TOWN COUNCIL
STAFF
REPORT
TO:
FROM:
TOWN COUNCIL
SCOTT ANDERSON, ~
PLANNING DIRECTOi1-'
MEETING DATE: 1/3/96
ITEM NO.: i'
SUBJECT: SPECIAL DEPOSIT FOR CURB AND GUTTER DAMAGE---RESCIND
RESOLUTION NO. 2605
BACKGROUND
In 1989, the Town adopted Resolution No. 2605 (Exhibit 1)
requiring a curb and gutter deposit of $5,000 for each single
family home prior to issuance of the building permit.
At the time, Tiburon was experiencing a development explosion
following the court-ordered lifting of the Measure C development
moratorium. Ring Mountain, the Highlands, the Preserve, La
Cresta, Del Madera, Tiburon Shores, Miraflores, Cibrian, and
Hexan were some of the many subdivisions in which homes were
under construction in 1989. Resolution No. 2605 was one measure
adopted to help the Public Works Department deal with the
development onslaught.
In reality, adoption of Resolution No. 2605 created an elaborate
and time-consuming process for Town Staff and applicants. Of the
nearly 200 homes which have been built since adoption of
Resolution No. 2605, never once has the deposit been used. There
are other more effective ways to deal with curb and gutter
damage, as described in the Building Official's letter (Exhibit
2) .
Staff from the Public Works, Finance, and Planning & Building
Departments all support rescission of Resolution No. 2605.
RECOMMENDATION
That the Town Council adopt the Resolution (Exhibit 3) rescinding
Resolution No. 2605.
EXHIBITS
1. Resolution No. 2605.
2. Memo from Building Official dated 12/21/95.
3. Draft Resolution.
\scott\curbs.rpt
TlBURON TOWN COUNCIL
STAFF REPORT
1/3/0'
1
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RESOLUTION NO. 2605
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON REQUIRING ,DEPOSIT FOR
REPAIR OF STREETS, CURBS & GUTTERS DAMAGED
DURING CONSTRUCTION OF NEW RESIDENCES
WHEREAS, the Town Council has determined that the
Town's streets, curbs and gutters are being damaged by
construction of new residences, and
WHEREAS, it is necessary to establish a Street
Repair Deposit of $5,000 to be collected by the Town's
Building Department when the Building Permit is issued,
and
WHEREAS, the Street Repair Deposit will be
reimbursed to the contractor after inspection and
approval of the condition of the Town's streets, curbs
and gutters by the Superintendent of Public Works prior
to the issuance of an Occupancy Permit, and
tJ
WHEREAS, if there is any dispute between the
findings of the Superintendent of Public Works and the
contractor regarding the condition of the Town's
streets, curbs and gutters, the contractor can appeal
the decision of the Superintendent of Public Works to
the Town Council.
NOW, THEREFORE, BE IT RESOLVED that the Town
Council of the Town or Tiburon does hereby require a
Street Repair Deposit of $5,000 at the time of issuance
of a Building Permit for construction of each new
single family residence.
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on May 17, 1989 by
the following vote:
AYES: COUNCILMEMBERS: Coxhead, Logan, Shaw,
Mayberry, Duke
NOES: COUNCILME~ffiERS: None
ABSENT: COUNCILMEMBERS: None
~~
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LAWRENCE ~ DUKE, MAYOR
Town of Tiburon
ATTEST:
AGER/CLERK
EXHIBIT No.L
R. L. KLEINERT, TOWN
.
TOWN OF TIBURON
1155 TlBURON BOULEVARD. TIBURON . CALIFORNIA 94920 . (415) 435.7373
FAX (415) 435-2438
DATE: 12/21/95
TO TOWN COUNCIL
FROM BUILDING OFFICIAL
SUBJECT RESOLUTION 2605
BACKGROUND
Resolution 2605 requires a Street Repair Deposit of $5,000 when a building permit for a new
residence is issued.
This policy has been in effect since May 17, 1989. In that time the deposit has never been used,
because the Building Department has in place sufficient leverage to ensure compliance; withhold
occupancy, withhold public utilities, withhold final inspections, and/or issue Stop Work Order.
Collection, retention, and release of the deposit requires considerable time and effort both by
contractor, owners, and Town staff
RECOMMENDATION
Rescind Resolution 2605. It is unnecessary. Recision would be a relatively minor but welcome
simplification
If we anticipate an unusually problematic project, we may still require a deposit, but on an ad
hoc basis. The uniform application of 2605 should be rescinded.
EXHIBIT NO. d.
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON RESCINDING RESOLUTION NO. 2605
REQUIRING SPECIAL DEPOSITS FOR CURB AND GUTTER DAMAGE ON
NEW SINGLE FAMILY HOMES
WHEREAS, on May 17, 1989, the Town Council of the Town of Tiburon
did adopt Resolution No. 2605 requiring a $5,000 special deposit for potential
curb and gutter damage with respect to all new single family residences; and
WHEREAS, the Town has subsequently determined that the special curb
deposit is not an essential tool in the protection of the Town's curbs and gutters,
and that more effective mechanisms are available for the protection of curbs and
gutters; and
WHEREAS, the implementation of Resolution No. 2605 is extremely
intensive of Staff time and yet has never once been used to cause the repair of a
curb or gutter.
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the
Town of Tiburon does hereby rescind Resolution No. 2605, adopted on May 17,
1989.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Tiburon held on , 1996, by the following vote:
AYES:
NOES:
COUNCILMEMBERS:
COUNCILMEMBERS:
NICKY WOLF, MAYOR
TOWN OF TIBVRON
ATTEST:
DIANE L. CRANE, TOWN CLERK
F'XHIBIT NO. 3
[R1r~(G~DW~[g
DEe ') "GOO .
L... 11.'1..
TOWN IvlMJAGEH'S OFFICE
TOWN OF TIBURON
MEMO
TO
TOWN COUNCIL
DECEMBER 19, 1995
FROM:
COUNCILMEMBER HENNESSY
SUBJECT
MCCMCIMARIN COMMUNITY FOUNDATION
LIAISON COMMITTEE REPORT
I attended the MCCMClMarin Community Foundation Liaison Committee on Thursday.
December 7.
Rod Wood, City Manager of Nova to, reviewed a proposal discussed by the MCCMC Committee
to hire a consultant to study the feasibility of creating a Master Joint Powers Agreement that
individual cities would contract with for specific services.
It was decided that the MCCMC Committee will draft an application to the Foundation for a
Community Programs Grant for the purpose of studying the feasibility of creating a Master Joint
Powers Agreement that would consolidate State mandated programs and those of universal
purposes, and then request a $500 commitment from each City/Town towards this study prior to
submittal of the grant application to the Foundation,
There was a brief review of the Interagency Relief Team's (OES, Red Cross, Salvation Army,
Volunteer Center, Food Bank. Humane Society) efforts during the Mount Vision fire, The
Foundation is working with the County and local fire marshals for the 1996 Fire Safe Marin
program to provide training for neighborhoods and centralizing fire protection efforts
TOWN COUNCIL
STAFF
REPORT
TO:
FROM:
TOWN COUNCIL
SCOTT ANDERSON, ~
PLANNING DIRECTOR
MEETING DATE: 1/3/96
ITEM NO.:
q
SUBJECT: VISITOR LEVELS AT ANGEL ISLAND STATE PARK: REVIEW FOR
CONSISTENCY WITH GENERAL PLAN PARKS & RECREATION
ELEMENT POLICY PR-17
BACKGROUND
The Parks and Recreation Element of the Tiburon General Plan
contains policies which address visitation levels at Angel Island
State Park. General Plan Policy PR-17 reads as follows:
PR-17.
Any increase over the highest recorded number of
annual visitors to Angel Island (200,100 in 1976-
77) or monthly visitors (38,622 in July, 1983)
shall prompt consideration by the Town of a
petition to the State Department of Parks and
Recreation for access limits to Angel Island from
Tiburon.
Statistics on visitation of the state park indicate that a
sustained increase above the 200,000 figure contained in Policy
PR-17 occurred in FY 1993-4 and FY 1994-5. In 1993-94, there
were approximately 220,000 visitors to Angel Island State Park.
Attendance figures for 1994-5 vary somewhat according to the
source. On October 2, 1995, State Park Ranger Jim Burke quoted a
1994-95 attendance of 236,443 persons to the Town's Planning
Director. Later, a figure of 252,295 for 1994-95 was published
(Marin Independent Journal, 10/21/95). In both years, the
attendance figure is well in excess of 200,000 persons.
In accordance with Policy PR-17, the Town should consider a
petition to the State Department of Parks and Recreation for
access limits from Tiburon.
ANALYSIS
Staff notes that the Town is currently in litigation with the
State Department of Parks and Recreation over Downtown parking
TleURON TOWN COUNCIL
STAFF REPORT
113o'l>6
1
issues, and the Town Council may wish to consider this fact
before taking action on this matter.
staff also notes that the standard of measurement used in Policy
PR-17 assumes that virtually all visitation of Angel Island comes
through Tiburon, which staff does not believe to be true. A more
accurate assessment of Angel Island visitation impacts on the
Town of Tiburon could be gained from counting only those Angel
Island visitors who enter or exit through Tiburon, rather than
total visitation of Angel Island.
staff recommends that this policy be revisited during general
plan element reviews scheduled for 1996 and 1997.
RECOMMENDATION
That the Town Council consider whether to pursue a petition to
the state Department of Parks and Recreation concerning Angel
Island visitation.
That Policy PR-17 be revisited during scheduled general plan
reviews in 1996 or 1997.
EXHIBITS
1, Excerpts from Parks and Recreation element of the Tiburon
General Plan.
2. Graphic showing Angel Island visitation levels 1983-1995.
\scott\angelisl.rpt
TlBURON TOWN COUNCIL
STAFF REPORT
!Wo>'
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PR-11.
PR-12.
PR-13.
TIBURON GENERAL PLAN
Recreation programs should be offered on a
year-round basis.
Recreation programs should provide a majority of
activities which are within the financial ability
of the citizenry.
Recreation programming is the function of the
Belvedere/Tiburon Joint Recreation Committee.
PR-14.
DOWNTOWN RECREATION POLICIES
PR-15.
Existing waterfront recreation opportunities shall
be maintained and may be enhanced, for example, by
the provision of port-of-call facilities.
Public convenience facilities such as restrooms,
bicycle racks, drinking fountains, and trash
receptacles are encouraged and may be provided by
the State of California, the Town of Tiburon,
and/or the business community.
_ ..., ANGEL ISLAND POLICIES
PR-16.
PR-17.
PR-18.
Visitation to Angel Island through the Town of
Tiburon should be monitored by the State of
California on a daily basis. The Town should
request that the State Department of Parks and
Recreation provide the Town with monthly reports
of visitation.
Any increase over the highest recorded number of
annual visitors to Angel Island (200,100 in 1976-
77) or monthly visitors (38,622 in July,. 1983)
shall prompt consideration by the Town of a
peti tion to the State Department of Parks and
Recreation for access limits to Angel Island from
Tiburon.
provisions for Angel Island visitation from
Tiburon are currently sufficient and should not be
increased. Ferry access to Angel Island from San
Francisco, Sausalito, and elsewhere should allow
disembarkation of passengers in Tiburon as long as
new passengers are not allowed to embark in
Tiburon. Departing ferries from Angel Island that
do not terminate in Tiburon should not be
permitted to stop in Tiburon except in
emergencies, The intent of this policy is to
discourage ferry riders from driving into Tiburon
and parking.
Adopted 11/01/89 Amended 9/7/94
Parks & Recreation Element
Page 3
EXHIBIT NO.
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TIBURON GENERAL PLAN
.
Acres
Acresf1,OOO
POPulation"
Town of Tiburon
Downtown Shoreline Park
Belveron Mini-Park
Richardson Bay Lineal Park
Middle Ridge Park
8.9
1.0
45.0
18.0
0.61
0.07
3.06
1. 22
County of Marin
Paradise Beach County Park
Tiburon Uplands Preserve Park
11.9
18.5
0.81
1.26
Total
103.3
7.03 acres per
1,000 persons
.
Single-purpose public recreation areas (8,g,. tennis courts, boat launching areas, etc.) are not listed,
..
Assuming 1995 population of 14,700 (Source: ABAG Proiections '94),"
~
ANGEL ISLAND STATE PARK
The Town of Tiburon contains 726 acres of the 740-acre Angel
Island State Park. The Park is owned and'managed by the
State of California. This facility serves the State of
California Planning District 4, which includes all of the
Bay Area. Visitation to Angel Island has decreased in the
past few years, but is considered to be steady (neither
growing nor decreasing) over the long term.
Year
1985-1986
1984-1985
1983-1984
1982-1983
1981-1982
1980-1981
1979-1980
1978-1979
1977-1978
1976-1977
1975-1976
1974-1975
1973-1974
1972-1973
Approximate
Number of Visitors
170,000
171,255
196,072
174,186
169,420
191,498
184,181
184,860
180,160
200,100
186,800
184,800
186,100
145,800
Source: California Department of Parks and Recreation, 3/13/87. Approximately 25X of these visitors
travel to Angel Island via ferry from Tiburon, 4SX via ferry from San Francisco, and 30% via private
boat from several Bay Area ports.
Adopted 11/01/89 Amended 9/7/94
Parks & Recreation Element
Page 5
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TIBURON GENERAL PLAN
(
The state plans to increase improvements to Angel Island to
better accommodate future visitors. If maximum park
capacity were reached, approximately 398,000 visitors could
be accommodated, which would almost double the peak
attendance in Year 1976 to 1977. However, there is no
expectation that these peak numbers will ever be reached or,
for that matter, that attendance will grow much beyond
current levels.
Because Angel Island State Park is almost totally located in
the Town, and because a significant percentage of visitors
access Angel Island from Tiburon, the Town is vitally
concerned with expansion plans for Angel Island. While the
Town wants to cooperate with the State Department of Parks
and Recreation in improving Angel Island as a regional park,
the Town of Tiburon is opposed to future significant
increases in access to Angel Island State Park from Tiburon
due to inadequate parking facilities, traffic congestion,
and marginal Levels of Service at Tiburon Boulevard
intersections.
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Mopted 11/01/89 Amended 9/7/94
Parks & Recreation Element
Page 6
Angel Island visitors
In thousands
260
240
:...~'
'~'-'-J
"~-",,,,,,,,,-,,,,,,,,,,,,,:,,,.:,:,:,.,:,,:.....,,,,..;.-.,.....;:,-;,,-,-::-::.......';
220
.""""'""'-.~'^""""'"'....~~v~_ No-
200 ~~-
180'
160 ....
140."
120
IJ chart
Source: Marin Independent Journal, October 21, 1995
'"
EXHIBIT NO. ~