HomeMy WebLinkAboutTC Agd Pkt 1998-07-15
TIBURON TOWN COUNCIL
AGENDA
REGULAR MEETING
TOWN OF TIBURON
1505 TIBURON BLVD.
MEETING DATE:
MEETING TIME:
CLOSED SESSION:
JULY 15, 1998
7:30 P.M.
6:45 P.M.
PLEASE NOTE: In order to give all interested persons an opportunity to be heard, and to ensure the presentation of all points otvlew, members
of the audience should:
(1) Always Address the Chair; (2) State Name and Address; (3) State Views Succinctly; (4) Limo Presentations to 3 minutes; (5) Speak Directly into
Microphone.
A. ROLL CALL
B. ANNOUNCEMENT OF CLOSEn-SESSION ACTION (If any)
C. PUBLIC OUESTIONS AND COMMENTS
Please confine your comments during this portion of the agenda to malters not already on this agenda, "ther than items on
the Consent Calendar. The public will be given an opportunity to speak on each agenda item at the time it is called.
Presentations are limited to three (3) minutes. Matters requiring action will be referred to the appropriate Commission,
Board, Committee or Staff for consideration and/or placed on a future meeting agenda.
D. RECOGNITION OF TOWN SERVICE
1) RECOGNITION OF CORPORAL DON COMFORT UPON HIS RETIREMENT - (Adopt
Resolution)
2) RECOGNITION OF 7 YEARS OF TOWN SERVICE - ASSOCIATE PLANNER IRENE BORBA _
(Adopt Resolution)
3) RECOGNITION OF LEGAL INTERN - ERIC STERNBERGER - (Adopt Resolution)
E. INTRODUCTION & SWEARING IN OF NEW TOWN EMPLOYEES
4) NEW POLICE OFFICER - MARCUS A. HOLTON
5) NEW COMMUNITY SERVICE OFFICER - TRAVIS HIGGINS
F. COUNCIL, COMMISSION & COMMITTEE REPdRTS
6) BEL VEDERE/TIBURON JOINT DISASTER ADvtSORY COUNCIL - (Chair Ken Johnson)
7) VEHICLE LICENSE FEE ISSUE - (Mayor Matthews)
G. CONSENT CALENDAR
The purpose of the Consent Calendar is to group items together which generally do not require discussion and which will
probab~v 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 for discussion.
8) TOWN COUNCIL MINUTES - #1143, June 17, 1998 - (Adopt)
9) TOWN MONTHLY INVESTMENT SUMMARY - MAY, 1998 - (Accept)
10) TIBURON POLICE ASSOCIATION LABOR CONTRACT - (Approve)
11) TIBURON MAPE (Marin Association of Public Employees) LABOR CONTRACT - (Approve)
,
H. UNFINISHED BUSINESS
12) DOWNTOWN MAIN STREET TRAFFIC CIRCULATION - (Receive & Consider Jt. Council
Subcommittee Report)
13) 1998-99 STREET IMPROVEMENT PROGRAM & STATUS OF ELEPHANT ROCK PROJECT -
(Town Engineer)
14) "ROUND HILL OAKS" PRECISE DEVELOPMENT PLAN - Sanford L. Goldeen & Co.,
Applicants; AP#058-301-26 - (Change in Referral ofItem to Ad Hoc Committee)
I. NEW BUSINESS
J. PUBLIC HEARING
15) ORDINANCE RE: WAIVERS (HARDSHIP EXCEPTIONS) FOR UNDERGROUNDING OF
UTILITIES - Amendments to Chapter 12A of Tiburon Municipal Code - (First Reading by Title Only)
16) ORDINANCE RE: INDIVIDUAL AND ALTERNATIVE SEWAGE DISPOSAL SYSTEMS -
Amendments to Chapter 13 of Tiburon Municipal Code - (First Reading by Title Only)
17) ORDINANCE RE: CODE ENFORCEMENT AND ADMINISTRATIVE PROCEEDINGS - Repeal
Sections 1-7, 1-8, 1-10, 1-11, 1-12, 1-13; Amend Sections 1-2,2-8, AND 13.4.1(A); Repeal Chapter
24; and Adopt New Section 1-7; 1-8; 1-10; and Add New Chapter 31 of Tiburon Municipal Code-
(First Reading by Title Only)
18) PREZONING FOR ANNEXATION OF PROPERTY AT 4905 RANCH ROAD - To RO-2
(Residential Open) Zone; Jean & John Duckett, Owners; AP#038-052-07 - (First Reading of
Ordinance by Title Only)
K. COMMUNICA nONS
19) LETTER FROM RESIDENTS OF BAY VlST A COURT REGARDING ANNEXATION - (June 30,
1998)
L. STAFF & TOWN MANAGER REPORTS
20) BELVEDERE HIGH PRESSURE PIPELINE REPLACEMENT PROJECT - Impacts Upon the
Town ofTiburon - (Town Manager)
21) QUITCLAIM OF CORINTHIAN ISLAND STEPS TO TOWN OF TffiURON - (Oral Report by
Planning Director)
M. ADJOURNMENT
Future A venda Items -
Downtown Business Task Force Report - (Jt. Mtg. TiburonlBelvedere Council - August)
DATE OF MEETING:
July 15. 1998
No. 15-1998
DATE POSTED:
Julv 10. 1998
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 LABOR NEGOTIATOR
(Section 54957.6) .
Agency Negotiator:
Austris Rungis
A.
Employee Organization:
MAPE (Marin Association of Public
Employees)
B.
Employee Organization:
TPA (Tiburon Police Association)
2. CLAIM AGAINST THE TOWN OF TIBURON
(Section 54956.95)
Claimants: Kent & Vicki Logan
DRAFr
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
RECOGNIZING CORPORAL DONALD J. COMFORT
FOR TWENTY-FOUR YEARS OF SERVICE
AS A POLICE OFFICER WITH THE TOWN.
WHEREAS, Corporal Donald 1. Comfort began his career a police officer with the Town of
Tiburon from June 5,1974; and,
WHEREAS, Corporal Comfort has worked for twenty-four years to ensure the safety of the
citizens of the Town of Tiburon; and,
WHEREAS, during his tenure with the Tiburon Police Department, Corporal Comfort
worked diligently in various capacities, such as an investigator, juvenile officer, field training officer,
and D.A.R.E. officer; and,
WHEREAS, after providing commendable service to the public, Corporal Comfort has
elected to retire as of June 6, 1998,
THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does
hereby commend Corporal Donald 1. Comfort for his service to the community and wishes him well
in his retirement.
PASSED AND ADOPTED at the regular meeting of the Tiburon Town Council on July 15,
1998, by the following vote:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
AYES:
NOES:
ABSENT
HARRY S. MATTHEWS, MAYOR
Town of Tiburon
ATTEST:
DIANE 1. CRANE, TOWN CLERK
DONALD J. COMFORT
July 4,1998
RECEIVED
J!A .. 6 1998
Honorable Harry Nlatthews, Mayor
Town of Tiburon
1505 Tiburon Blvd.
Tiburon, CA 94920
TOWN MMJ,4r,~fiS OFFICE
TGWIl gr TlBynQfoj
Dear Mayor Matthews:
After 24 years of serving The Town of Tiburon, as a police officer, I have found that 1 have
come to a crossroads in my life, and have retired. I can not express dIe feelings that I have at this
time, as I have given so much of myself to a profession that not only I believe in, but anI proud to
have been a part of, for so long. .J
More than anything, I am proud of having served the community of Tiburon. Through the
years, 1 have watched the Town grow, and yet remain a quiet and peaceful place for families to live.
In the near quarter century dlat 1 have worked as a police officer, in Tiburon, 1 have seen all that a
police officer could imagine. In spite of this, the Town has maintained a high level of safety, low
level of crime, and its dignity among a growing metropolitan area.
Last week, 1 was honored by friends, family and colleagues for the significance of having been
able to say, "I am a retired police officer". Not only was the Council represented at this event with
the presence of Council Member.; Bach and Thompson, the Town contributed to a wonderful gift
that 1 will cherish as long as 1 am able to enioy photography. It is with great huntility that 1 thank
you and all of the Council .'v[embers for your kind generosity.
While 1 may not be serving the Town any longer as an employee, 1 look forward to opportunities
to serve in the future, as a resident.
Sincerely,
c
Donald J. Comfort
cc: Council Members Bach, Gram, Hennessy and Thompson
13 E.'\ST TERRi\CE COURT' TfBURON, CA' '>4920
PHONE .388-0809
DRAFT
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON COMMENDING IRENE BORBA
FOR HER DISTINGUISHED SERVICE TO THE TOWN
WHEREAS, Irene Borba has served the Town for over seven years, rising through the
ranks from Planning Technician to Assistant Planner to Associate Planner in the Planning
Department; and
WHEREAS, Irene Borba has served her entire tenure as the primary public counter
information person for the Planning Department, dispensing copious sound advice to thousands of
people, thereby mounting a serious threat to Ann Landers; and
WHEREAS, Irene Borba has toiled for years in the trenches of Design Review, reviewing
seemingly countless applications for new homes, additions, remodels, exterior alterations, fences,
walls, decks, porches, patios, pools, spas, skylights, satellite dishes, roofs, windows, chimneys,
and the like. Irene has therefore played a major role in shaping the appearance of many of the
Town's newest neighborhoods. Not coincidentally, the average price of a home in Tiburon has
now risen to $1.4 million; and
WHEREAS, Irene Borba has dealt with all applications for commercial signs during her
seven years with the Town, has fought the good fight in keeping tacky signs out of Downtown
Tiburon, and is single-handedly responsible for the removal of many of the worst examples of
excessive and tawdry signage, which explains her uncanny arm strength; and
WHEREAS, Irene Borba also managed to juggle three separate maternity leaves during
her seven years with the Town, returning time and again to find many of the same projects still
awaiting her loving attention on her desk; and
WHEREAS, Irene Borba has faithfully made the dreaded commute from Rohnert Park
each work day for over seven years, running several different automobiles into the ground but
having no accidents, thereby helping to keep insurance rates low for the citizens ofTiburon; and
WHEREAS, Irene Borba has accomplished all of the above and much more while
maintaining the utmost in professionalism, reliability, sound judgement, extreme competence, and
good humor; all of which have been greatly appreciated; and
WHEREAS, Irene Borba has now accepted a position with the City of Pet alum a Planning
Department, thereby ensuring a shorter commute, a bigger paycheck, and more time with her
husband and four children; but also ensuring that she will be sorely missed by those she leaves
behind in Tiburon.
NOW THEREFORE, BE IT RESOLVED, that the Town Council of the Town of
Tiburon does hereby express its sincere appreciation to Irene Borba for her seven years of
dedication and outstanding public service to the Town of Tiburon, and extends its best wishes for
a future that exceeds all her expectations.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon held on July 15, 1998, by the following vote:
AYES:
NOES:
HARRY S. MATTHEWS, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE L. CRANE, TOWN CLERK
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON RECOGNIZING ERIC
STERNBERGER FOR EXCEPTIONAL SERVICE AS A
VOLUNTEER LEGAL INTERN FOR THE TOWN
WHEREAS, Eric Sternberger, as a law student attending the University of California at
Hastings Law School did volunteer to serve as a legal intern for the Town of Tiburon and did so
serve during the fall semester of 1997; and
WHEREAS, as the Town's first legal intern, Mr. Sternberger did spend long hours
meticulously reviewing eight years of Council enactments to assist the Town in updating and
republishing its Municipal Code and as the result of Mr. Sternberger's efforts, Town staff expects to
be able to republish the updated Municipal Code later this year; and
WHEREAS, Mr. Sternberger also col).tributed in large measure to the Code Enforcement
Ordinance agendized for first reading on July 15, 1998, which Ordinance, ifadopted, will provide for
more streamlined methods of enforcing the Town's Municipal Code; and
WHEREAS, Mr. Sternberger also assisted the Town Attorney with multiple other matters
relating to the revision of the Town's Code and policies.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon hereby
commends and thanks Mr. Eric Sternberger for his services and wishes him the best in his future legal
career.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on
July -' 1998 by the following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
HARRY S. MATTHEWS, MAYOR
Town of Tiburon
ATTEST:
DIANE CRANE, TOWN CLERK
Belvedere- Tiburon
Joint
Disaster
Advisory
Council
Status Report to the Councils
June 8, 1998
TO: BELVEDERE CITY COUNCIL DATE: June 8,1998
TIBURON TOWN COUNCIL
FROM: BEL VEDEREITIBURON JOINT DISASTER ADVISORY COUNCIL
Established: September, 1995
Chairs: Frank Buscher, frrst year
Ken Johnson, second year
Appointed Members: Judy Bloch
Dr. Thomas Cromwell
John Scarborough
George Hall
Elected Representatives:
Steger Johnson (1995-98)
Jerry Thayer (1995-97)
Mogens Bach (1998)'
MISSION STATEMENT:
The Belvedere Tiburon Joint Disaster Advisory Council assesses and advises public entities and Tiburon
Peninsula residents on how to effectively mitigate, prepare for, respond to and recover from disasters
and major emergencies; as well as assists in the communication between all peninsula governmental
agencies. .-
The above-stated Mission Statement was developed and adopted by the BTJDAC after its frrst few
meetings.
BTJDAC meetings have been held at Reed School, Alto Fire Department, Tiburon Fire District,
Belvedere City Hall and most recently at Tiburon's Town Hall. The meetings have been well attended
by the City Managers and staff members. At times, participants have included the Reed School District
and the Chamber of Commerce and a few members of the public. The BTJDAC has considered itself a
working committee charged with implementation of its Mission Statement. The BTJDAC has not
organized general community meetings to solicit public comment.
The following speakers from other agencies have attended BTJDAC meetings:
Brian O'Hara, State OES
Valerie Quigly, Marin OES
Cap!. Bill Singer, Hayward Emergency Servo
Chief Bob Sinnott, Larkspur Fire Chief
Bill Doyle, Marin OES Coordinator
I. Established Goals:
I. Encourage Cities to Uodate Disaster Plan as Necessary
A. Must comply with SB1841 (Petris) Standardized Emergency Management System
(SEMS).
B. Must be compatible with the Incident Command System (ICS).
C. Use City of Hayward Disaster Plan as model and guide. (Status: Staff has
advised that all participants have plan and are familiar with it.)
2. Develoo an Exercise and Training Schedule
A. Mandatory SEMS training for disaster workers.
B. Start with orientation exercise.
C. Conduct tabletop exercises after plan familiarization.
D. Conduct periodic drills at the local government level.
E. Conduct functional exercise (complex message simulation in the EOC).
F. Conduct full-scale exercise utilizing field personnel and the actual movement of
equipment.
G. Follow through on training critiques and after action reports.
3. Cities to Provide Orientation Program for New Emolovees
and Elected Officials
4. Develoo Community Communication Process
In February of 1997 Judy Bloch resigned, having served as Chair of the Tiburon Peninsula Disaster
Volunteer Training Committee since 1991. A letter of her resignation was addressed to the
Town of Tiburon and the City of Belvedere suggesting now the committee's vital programs
could be continued with the funding of a part time position.
5. Organize and Structure Neighborhoods for Self-Helo Resoonse
A. Neighborhood Emergency Response Teams (NERT).
B. Recommend to Town Council: Consider organizational scheme bringing disaster
planning to all neighborhoods.
6. Evaluate Sites for Peninsula Emergencv Operating
Center (EOC)
A. Recommend space needs for EOC at new police station.
7. Emergencv Services Coordinator
A. Full or part-time.
B. Assistance from County OES.
C. Community foundation grant.
D. Fire District Inspector.
8. Emergencv Resource Directorv
II. Tasks and Recommendations:
1. Disaster Plan
There needs to be verification that all participants have a copy of new disaster plan and
are familiar with it.
2. Exercise Schedule
19 April 96 Capt. Bill Singer conducted orientation exercise. Manager San Diego and
Kleinert reported drill was informative and productive.
Subsequently planned October 96 orientation exercise postponed until 25 March 97. A
tabletop exercise was conducted. No evaluator present, but staff reported that exercise was successful.
Suggest: Train, train, train and when completed train some more; have outside evaluators
provide written recommendations; two exercises per year.
3. Orientation Program
No progress. There needs to be constant reminders to the public that each resident must
prepare to be self-sufficient for the first 72 hours; that there is simply never going to be sufficient
emergency personnel to handle every citizen's needs.
4. Communication
13 May 96 meeting. Determined that adequate PSA radio would be too expensive -
$50,000 to $60,000.
Developed one page laminated "disaster checklist" mail-out. Looking for community
funding source.
Researched Bay Area media notification information for Public Information Officers.
The area of communication is an extremely important element. The BTJDAC does not
possess the expertise to test the adequacy of communications between governmental jurisdictions, cities,
fire districts, school districts, sheriff's departments, sanitary district (flooding), CHP and the county
departments at the time of a major disaster. However, someone or some agency needs to make this type
of assessment.
5. NERT
Nucleus ofteam leaders in process of being organized.
Recommend TFPD personnel or volunteer firefighters assume this task and/or assist TPD
with this project.
Recommend that city councils participate in the organization of a NER T program.
6. EOC
Recommend that Belvedere Community Center be primary EOC. Re-evaluate when new
Tiburon police station constructed.
Recommend necessary supplies be provided for EOC at Belvedere Community Center.
7. Coordinator
To a large extent disaster preparedness programs have been conducted by volunteers. The job
appears to have become too large to be accomplished by volunteers alone. The Belvedere Tiburon Joint
Recreation Committee's staff has assisted in the pasfwith development of shelter planning. The Joint
Recreation Committee and the Disaster Volunteer Training Committee are no longer capable of
performing the required services without paid staff.
Most recently the City of Belvedere and the Town of Tiburon have cooperated in funding a part
time position for a Disaster Coordinator by agreeing to use Joint Recreation personnel.
8. Emergencv Resource Directorv
A. Needs updating.
B. There needs to be coordination oflocal on-site resources, e.g., food and supplies,
by local merchants and emergency personnel.
9. Overall Preparedness for Emergencies
The BTJDAC does believe it has served a valuable function over the almost three years of
meetings by providing a forum for discussion and by bringing appropriate issues before the responsible
governmental bodies; however, the BTJDAC also recognizes that it undertook an ambitious Mission
Statement without staff, authority or funding to accomplish its recommendations. The BTJDAC
strongly supports the decision of the City of Belvedere and the Town of Tiburon to hire a part time
Emergency Services Coordinator responsible for disaster planning and coordination. Many resources
exist at the County and State levels, but it requires ~9meone to assume the responsibility to obtain these
resources.
Although earthquake and fire has been the primary focus of most disaster planning, the recent
storms over the past two years have proven to be a major challenge. Flooding and loss of electrical
power during the winter months have been reoccuriing events. Solutions for prevention need to be
addressed by the local governmental entities as part of disaster preparedness.
The BTJDAC does NOT possess the expertise to properly or accurately assess the overall preparedness
of the governmental agencies responsible for disaster response.
Consideration must be given to officially expanding the BTJDAC to include elected officials
and/or appointed members from the Tiburon Fire Protection District, Alto Fire District and the Reed
School District. Unless otherwise directed by the Town Council ofTiburon and the City Council of
Belvedere, the BTJDAC will continue to meet and attempt to achieve better disaster preparedness in our
communities. However, it should be recognized that the BTJDAC is without resources and has not been
able to attain the goals set forth in its Mission Statement.
It appears that the primary governmental entities, the City of Belvedere, the Town of Tiburon and
the Tiburon Fire Protection District need to meet and confer at the highest level of decision making to
seek agreement and coordination of disaster planning. At present, it does not appear that these three
entities consult with each other when making relevant plans and policy decisions concerning disaster
planning.
B7/B9/98 13:37:58
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ECE'VED
JUL - 9 1998
July 9, 1998
TOWN MANAGERS OFFICE
TOWN OF TIBURON
*"L'\IPORTANT DEVELOPMENT IN VLF DEBATE"
Immediate A~,t1on Requested! 0 RIG i N A L
TO: Mayors, Council Members and City Managers
RE: City Officials Must RCll:ister SUIlDar! for New VLF Prooosal NOW!!
The budget deliberations and VLF debate are moving in a very positive direction. Instead of
cutting the VLF and then backfilling localllovernment, legislators in both parties and the
Governor are now examining how they might provide a refundable tax credit or rebate for the
VLP amount vehicle owners pay. For cities, this is an incredibly important difference from
earlier VLF proposals! It provides a way for the state to relieve the burden of the VLF On
taxpayers without aff~ting local government.
ACTIONl
The budget talks are at a critical juncture. It is imperative that you communicate your support for
this new approach on VLF and the return of resources to local govenunent to your local
legislators and the Governor IMMEDlATEL Yi
Specifically, you should transmit - by phone and fax -- these messages:
. We support legislative efforts to provide taxpayer relief through a refundable car tax credit or
rebate which is paid by the state's general fund and does not impact local government
funding.
· Please use the opportwJity created by the state's Surp]Ull to return the resources local
government hu lost in recent years due to the local property tax shifts.
Whv this new VLF IpDroa~b m:lkl8t ..Dle:
· It boldlloul government barmless because it will not change our role in the current VLF
ccllection and allocation structure since the mOney given to taxpayers will corne from the
state's general fund.
Conference Regi,tration Offi<::(
Pc" OIIk, 30x 1~19
;"afayette, CA 9'f~+9
925283.2113
FAX 92',233 r3J)
HCId.qu.~ns
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Sacramento, CA 9581 ~
916.658.8200
FAX 9) MS33HO
Southern ~hforni. OffLce
e02 East Huntington Dr.. Suite C
Monro\'~, CA.91016
626.30513l5
FAX 620)0~.1)+'
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· It eliminates the debate over a constitutional backf1l1 for lost VLF revenues since local
government would not lose a dime under this proposal.
. It creates a dirett tommitment between the state and taxpayers. removing local
government from the mix.
. Taxpayers win III two ways: they receive ongoing tllX rcliefwithoutjeopardizing the
essential local services that benefit their neighborhoods and communities.
Bacuround:
Yesterday, the Senate and Assembly Democratic leadership unveiled their latest tax cut proposal.
Specifically, it would provide a refundable income tax credit for 70 percent of the vehicle license
fcc up to $130 per car. This is a pennanent tax cut for the taxpayers and produces a $1 billion
tax reduction. As an example, t.'le tax cut on a car valued for VLF purposes at $9,250 would be
$130 under this proposaL
The measure also contains a trigger mechanism keyed to state revenue flow that suspends the
personal income tax credit if the rosy picture of future state revenues prove to not be quite as
robust as some predict. This trillier mechanism, again, does not affect city and county vehicle
licCllse fee revenues.
The Assembiy Republican reaction was that the amount of the tax cut was not enough and
needed to be increased. Some Republicans thought the refundable personal income tax approach
bad merit. 'While the debate over the amount of the tax cut will be decided between the two
parties, it is extremely important for city officials to express IMMEDlA. TE SUPPORT on the
refundable personal income tax or rebate approach.
This measure ill the best orono.al to emel'llll in the debate over the vehicle lieense fee and a
tn cut since the lellulafive convened in Januarv. Cltv oMtial. should CALL and FAX
their Lecl.lators and the Governor TODAY to rCllister their SUDDOn. The budget debate
remains very fluid, Immediate relpon.e demonllrating supportls needed to make the
concept contained in tbis proposal STICK In the buds'" debates.
TOWN COUNCIL
MINUTES
D"~F ""r
~" Ar
CALL TO ORDER
Mayor Matthews called the Joint Meeting of the Tiburon Redevelopment Agency and the Town
Council of the Town of Tiburon to order at 7:45 p.m. on Wednesday, June 17,1998, at Town
Hall Council Chambers, 1505 Tiburon Boulevard, Tiburon, California.
A. ROLL CALL
PRESENT: BOARDMEMBERS:
COUNCILMEMBERS:
Bach, Gram, Hennessy, Matthews, Thompson
(Same as above)
PRESENT: EX OFFICIO:
Executive Director/Town Manager Kleinert, Town
Attorney Danforth, Planning Director Anderson,
Finance Director Stranzl, Chief of Police Herley,
Superintendent of Public Works Iacopi, Senior
Planner Watrous, Town Clerk Crane
B. BUSINESS MEETING - JOINT MEETING
1) APPROVAL OF REDEVELOPMENT AGENCY MINUTES - #02-98, April 1, 1998.
(See Redevelopment Agency Meeting Minutes, #03-98.)
C. PUBLIC HEARING - JOINT MEETING
2) 1155 Tiburon Boulevard (Ned's Way Senior Housing Project): Consideration of
Disposition and Development Agreement with Ned's Way Garden Homes, LLC,
Regarding Possible Future Construction of a 25-Unit Senior Housing Project;
AP# 58-151-35. (See Redevelopment Agency Meeting Minutes, #03-98.)
MOTION:
To Adopt Resolution Approving the Execution and Implementation by The
Tiburon Redevelopment Agency of a Disposition and Development
Agreement for the Ned's Way Senior Housing Development and Taking
Related Actions in Connection with such Approval.
Thompson, Seconded by Hennessy
AYES: Unanimous
Moved:
Vote:
3) FY 1998-99 REDEVELOPMENT AGENCY BUDGET - (Approve)
(See Redevelopment Agency Meeting Minutes, #03-98.)
D. ADJOURN JOINT MEETING
A. ROLL CALL - TIBURON TOWN COUNCIL
Same as above.
III
Town Council Minutes #1142
June 17, 1998
Page 1
B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any)
Mayor Matthews said there was no action taken in closed session.
C. PUBLIC OUESTIONS AND COMMENTS
Stewart Hopkins asked that the Railroad Marsh (Flood Plain) Improvement Plan be placed on a
future agenda. He said he did not like the idea of holding the funds for the project indefinitely to
earn interest.
Mia Bashore, Pt. Tiburon Marsh homeowner, asked the Council to consider performing
maintenance on the marsh every four to six months. She said it would cost less to maintain on a
regular basis rather than once every four years.
Town Manager Kleinert said the Town had an annual marsh maintenance program for Pt.
Tiburon, but he agreed with Ms. Bashore that the item should be discussed. Kleinert said it cost
$25,000 to do wind owing and cutting in the marsh every four years.
Superintendent Iacopi said the [State] Fish and Game Department had approved the four-year
maintenance program because it allowed enough growth for the marsh birds and animals to hide
and nest in.
Councilmember Hennessy, aPt. Tiburon Marsh homeowner, did not participate in the discussion.
D. COUNCIL. COMMISSION & COMMITTEE REPORTS
Mayor Matthews gave a brief report from the MCCMC Legislative Committee on the proposed
repeal of the Vehicle License Fee pending in the State Assembly.
On another subject, Councilmember Thompson said he met with representatives from Marin Ride
Shares and was also planning to meet with the RUSD Board to discuss car-pooling in Tiburon.
He asked to have the item placed on the next agenda for Council consideration.
E. CONSENT CALENDAR
1) TOWN COUNCIL MINUTES - #1138, May 6, 1998 - (Approve)
2) TOWN MONTHLY POLICE STATISTICS - May, 1998 - (Accept)
3) AMICUS BRIEF REQUEST - West Covina v. Perkins, U.S. Supreme Court No. 97-1230
- (Approve)
4) NEW EASEMENT FOR UTILITIES UNDERGROUNDING ON TIBURON BL YD. -
(Approve Authorization of Relocation Agreement - Adopt Resolution)
5) REQUEST FOR WAIVER OF ANNEXATION - Approximately 0.16 Acre Parcel on
Mar East Street; Martha Company, Owner; Norah Crawford, Applicant - AP# 59-212-07
MOTION:
Moved:
Vote:
To add Item No. 10 to Consent Calendar.
Hennessy, Seconded by Bach
AYES: Unanimous
Town Council Minutes #1142
June 17,1998
Page 2
MOTION:
Moved:
Vote:
To Adopt Consent Calendar, as amended above.
Bach, Seconded by Hennessy
AYES: Unanimous
F. UNFINISHED BUSINESS
6) NEW POLICE BUILDING & EMERGENCY OPERATIONS CENTER-
--Review Contractor Bids
--Authorize Award & Execution of Contract for Construction of New Police Building and
Emergency Operations Center
Project Manager Wilson distributed a spreadsheet showing the bids for the Tiburon Police station,
submitted by six contractors, for Council review. He said the low bid was only slightly higher than
the architect's estimate. Wilson asked Council to award the contract, based on the low bid of
$1,630,000, to Transworld Construction of San Francisco, pending review of the references and
receipt of bonds.
Council also reviewed the bids for the roofing and landscaping alternates and agreed to include the
roof alternate in the amount of $6,000, as bid by Transworld Construction, in the award.
Project Manager Wilson said that since the Tiburon Public Works Department had done such a fine
job on the landscaping of the Town Hall, he recommended that they do the same for the new Police
Station. Councilmember Hennessy commented that this would happen after Public Works had hired
another worker.
MOTION:
To Award the Contract for Construction of the Tiburon Police Station to Transworld
Construction of San Francisco, including Alternate 1 for $6,000 (Roofing); deleting
Alternate 2 (Landscaping); and to Authorize the Town Manager to execute the
Contract, subject to Staff Findings.
Hennessy, Seconded by Thompson
AYES: Unanimous
Moved:
Vote:
Town Manager Kleinert thanked the Building Advisory Committee. Chief Herley thanked Town
Manager Kleinert and the entire team of people who had been involved in the planning of the project,
both volunteers and staff
G. PUBLIC HEARING
7) TOWN MUNlCIP AL BUDGET - TWO YEAR PROGRAM 1998-2000
--Capital Improvement Program
--Debt Service
Town Manager Kleinert briefly reviewed some of the capital improvement projects, continued from
the previous meeting. Finance Director Stranzl said the only indebtedness of the Town was $300,000
in 1972 Open Space Bonds which were being retired in $70,000 annual segments.
Tuwn Council Minutes #1142
June 17,1998
Page 3
Town Manager Kleinert said the entire budget would be on the July 1 agenda for adoption.
During public hearing, Dr. Maureen MieJde asked if Harbor Oak Drive would be added to the list of
streets on the capital improvement program. She said it was slated for repair if Measure "C" had
passed in 1996, but was not included in the current budget. Staff responded that the Town Engineer
was preparing an ongoing list of streets, in addition to the ones listed in the budget for the next fiscal
year.
8) PRECISE DEVELOPMENT PLAN & FEIR - "ROUND HILL OAKS" - Proposed
Subdivision of 3.7 acre site into 4 single-family Residential Lots - Sanford Goldeen & Co.,
Applicants; AP#058-301-26 - (Approval of Draft Mitigated Negative Declaration/Adopt
Resolution).
Senior Planner Watrous said the project had been reviewed and unanimously approved by the
Planning Commission, pending final approval of the EIR and Council approval of the precise plan.
He said mitigation measures had been proposed to minimize grading and to preserve some of the oak
trees, and that two options had been proposed to address the downhill drainage.
Councilmember Gram asked if there would be an increase in the amount of run-off into the Belvedere
Lagoon. Watrous replied that if either of the two options were employed, there would not be.
Mayor Matthews addressed the issue of neighborhood opposition to the plan. Vice Mayor Bach
asked if any of the neighbors supported the plan. Senior Planner Watrous said that no letters were
received specifically in favor of the plan, and noted that he had included a letter from Alan Littman
opposing it.
Watrous said the neighborhood opposition dealt with concerns about the visibility of the (proposed)
house on Lot 2, although he said that most houses on Round Hill Road were highly visible before the
trees and vegetation grew in.
Councilmember Thompson asked about an easement referred to in the Staff Report through the
Marinero Heights property. Watrous said that it was an old easement that had been entered into prior
to the completion ofMarinero Heights, and that Mr. Goldeen (the applicant) would seek access off
Round Hill Road instead. Watrous noted that there was now a swimming pool located in the area
in question.
Finally, Watrous said that most of the excavation on the project was actually work required by the
General Plan to re-do the terrain due to unsafe conditions.
Councilmember Gram, referring to Alan Littman's letter, asked if his concerns had been brought up
at the Planning Commission hearings. Watrous answered affirmatively.
Mayor Matthews opened the public hearing.
Town CouncU Minutes #1142
June 17,1998
Page 4
Sanford Goldeen, Applicant, 10-year resident ofTiburon, described the Round Hill Oaks project and
said is was his first land subdivision project. He said it was an "in-fill" site, surrounded by existing
development on four sides, which made access challenging.
Goldeen said that although nine houses were allowed in the area per the Town's zoning ordinance,
he had scaled it down to four because of the terrain. He reviewed the details of each lot for the
Council, including the issues of drainage from Lot 1 onto the Stahnke (downhill) property.
According to Goldeen, the Stahnke's had inherited some pre-existing conditions (which had caused
a slide on their property over the winter), but the proposed mitigation measures for Round Hill Oaks
would direct drainage away from their property. Goldeen said all the set-back and landscaping
requirements had been met and that he had even offered to reduce the size of the house on Lot 1 to
minimize the impact on the Stahnke's.
Goldeen said the complaints about the house on Lot 2 were from Mr. Sofnas, whose house was
downhill and in the trees.
For the development of Lot 3, Goldeen said he hoped that the Marinero Heights Property Owners'
Association would fix a broken water line on their property which, he said, had created a landslide
on his property.
Goldeen said Lot 4 was large and covered the upper portion of the property, with most of it being
open space at the top.
Goldeen said Round Hill Oaks was a good, well-thought-out project, and that over 37 town officials
and consultants had worked on it for during the past two years.
Leo Bodian, 88 Round Hill Road, said the easement through Marinero Heights was valid and had
been filed and recorded with the County. (He passed out his copy for viewing by the Council.)
When asked by Councilmember Gram what he thought the significance of the document was, Mr.
Bodian replied that it meant Mr. Goldeen could enter his property through Marinero Heights.
Senior Plarmer Watrous said there might be a legal question as to the appropriateness of that action.
Town Attorney Danforth said that adverse possession might exist.
Charles Sofuas, 75 Round Hill Road, said a "massive house" would be visible when driving by, and
that he had failed to get an answers to his questions from either Staff or the Planning Commission.
He asked why the house could not be set back more than 10-20 feet.
Mr. Sofnas said there was plenty of room on the 3.7 acres (of the project) to not "cram" all four
houses down around Round Hill Road. He also expressed concern about the amount of excavation
on the project, and said that the projected 60 truck loads offill to be brought in could not possibly
be correct.
Town Council Minutes #1142
June 17, 1998
Page 5
Keith Stahnke said he and his family had not "vigorously attacked the project" as stated by Mr.
Goldeen. He said that even though the Staff Report stated there were no privacy or view impacts on
his property, it was not true. Mr. Stahnke said he was concerned about the diversion of drainage
from Lots 2,3 and 4 onto his property and the sight impact from Lot 1. He also said he was worried
about the length of time for construction and commented that it would take a long time for new trees
to grow in.
Mr. Stahnke concluded by saying that he and his neighbors would like the development "spread out"
on the parcel. Mrs. Stahnke said the neighbors would like to keep the "open feeling of the
neighborhood. "
Alan Littman, 100 Round Hill Road, suggested eliminating Lot 1, moving Lot 2 back 20 feet, and that
he disagreed with the EIR which stated that serpentine rock and serpentine bunch grass existed on
the property.
In response to a question from Councilmember Hennessy concerning the set-back of the house on
Lot 1, Planning Director Anderson said the Plllitning Commission thought 10 feet was enough to
create a building envelope, but that the Design Review Board could require more once they saw the
design of the house.
Mayor Matthews asked whether the issue of the easement was the reason why the top portion of the
parcel was not being developed. Anderson said he had advised Mr. Goldeen against development at
the top because it was a highly visible area and not appropriate to build on. He said Staff had
recommended access from Round Hill Road.
During his rebuttal period, Mr. Goldeen apologized to the Stahnke's and said they had been very
polite. Nevertheless, he said there was a general effort in the neighborhood to "slow me down,"
which he felt was unfair.
Mayor Matthews closed the public hearing.
Mayor Matthews said he was not prepared to make a decision on the project, and recommended
referring it for further study to the Lands and Development Subcommittee (Councilmembers Gram
and Thompson).
Councilmember Hennessy said she had worked for a developer and that the topography "dictates
something." She said she was concerned that the house on Lot 1 was "on the curb." She also said
she was concerned about the overall drainage issue, and that preliminarily, she would like to see the
plan reduced to two houses.
Councilmember Thompson also expressed concerns about run-off, and wanted to know whether it
was significant or not.
Town Council Minutes #1142
June 17,1998
Page 6
Mr. Leonard Charles, who prepared the EIR, spoke and said the run-off was "small but measurable."
He said it had a potentially significant impact on the Stahnke's which could be mitigated by installing
underground culverts. Charles said the impact further downstream was '12 cubic foot per second,
which was "small" but had a cumulative effect when added together.
Vice Mayor Bach said he disagreed with the idea of reducing the size of the parcel to two lots,
although he acknowledged the perception of density on the lower portion. He said the owner of the
property had a right to build, but thought that some sort of agreement could be reached.
Councilmember Gram said he was troubled that the project had gone through a two-year process and
he was now being asked to overturn a decision made by the Planning Commission. Gram said
"clustering" the houses on the lower portion of the parcel was allowable within the guidelines of the
General Plan, but asked whether that created other problems. He said he had no problem with the
four lots if they "worked," and that he wanted to visit the two houses downhill from the project.
Mr. Goldeen said he had no objection to the delay. Council agreed to refer the matter to
subcommittee and hear it again on August 19. ...
Senior Planner Watrous said the EIR had to be certified by July 3, 1998. Town Attorney Danforth
said certifYing the EIR did not mean that Council was bound to accept every conclusion in the EIR.
MOTION:
To adopt Resolution CertifYing the EIR for Round Hill Oaks Precise Development
Plan.
Thompson, Seconded by Bach
AYES: Unanimous
Moved:
Vote:
MOTION:
Moved:
Vote:
To refer the matter to the Lands & Development Subcommittee for review.
Hennessy, Seconded by Bach
AYES: Unanimous
9) APPEAL OF DESIGN REVIEW BOARD DECISION RE: Construction of6,451 square
foot single-family dwelling on current vacant parcel with Floor Area Exception - Project
located at 88 Via Los Altos - AP#34-330-4l; Eddie & Ana Baretto, Applicants; Mark Web
& Peggy Brammer/Tiburon Crest Homeowner's Association, Appellants.
Senior Planner Watrous said the Applicants and Appellants had worked out their differences and that
the appeal had been withdrawn.
H. NEW BUSINESS
10) STREET LIGHTS - Transfer of Town Street Lights to Marin Street Light Acquisition JPA-
(Adopt Resolution)
Adopted on Consent Calendar (see above).
Town Council Minutes #1142
June 17, 1998
Page 7
L COMMUNICATIONS
None.
J. STAFF & TOWN MANAGER REPORTS
11) UTILITIES UNDERGROUNDING PROJECT AT BLACKIE'S PASTURE - (Status of
Refimd for PG&E Cost Overruns). Town Manager Kleinert said he had not yet received the
final report from PG&E. Item continued.
K. ADJOURNMENT
There being no further business before the Town Council of the Town ofTiburon, Mayor Matthews
adjourned the meeting at 10:57 p.m., sine die.
HARRY S. MATTHEWS, MAYOR
ATTEST:
DIANE L. CRANE, TOWN CLERK
Town Council Minutes #1].12
June 17,1998
Page 8
TIBURON TOWN COUNCIL
STAFF REPORT
Meeting:
July 15, 1998 Item:
TOWN COUNCIL MEMBERS
RICHARD STRANZL, FINANCE DIRECTOR
MONTIll. Y INVESTMENT SUMMARY REPORT -
AS OF TIlE MONTH ENDED MAY 31, 1998
CONSENT #
To:
From:
Subject:
TOWN OF TIBURON
Institution! Agency
Investment
Amount
Interest Rate
Maturity
State of California Local Agency $5,221,890 5.673% Liquid
Investment Fund
(LAIF)
T otalInvested: $5,221,890
TIBURON REDEVELOPMENT AGENCY
Institution! Agency Investment
Amount
Interest Rate
Maturity
State of California Local Agency $533,266 5.673% Liquid
Investment Fund
(LAIF)
Bank of America Certificate of $250,000 5.150% June 29,1998
Tiburon Branch Deposit (90 days)
T otalInvested: $783,266
Notes to table information:
State ofCalifomia Local Agency Investment Fund (LAIF): The interest rate represents the effective yield for the
mooth referenced above. The State of California generally distributes investment data reports in the third week
following the month ended. (As received June 25,1998.)
Acknowlf'1ilV"""t. This swnmary report accurately reflects all pooled investments of the Town of Tiburon and
the Tiburoo Redevelopment Agency, and is in conformity with State laws and the Investment Policy adopted by
the Town Council. The investment program herein swnmarized provides sufficient cash flow liquidity to meet
next month's estimated expenditures.
r~
Richard Stranzl, Finance Director
June 29, 1998
cc: Town Treasurer
/2-
Tiburon Main Street Task Force
Summary of Task Force Findings
June 10, 1998
The Task Force was formed at the request of the new Tiburon Town Council in December of
1997, to take a renewed look at the consequences of transforming lower Main Street into a one
way street.
The Task Force was comprised of Ann Otter, Mayor of Belvedere; Justin Faggioli, Vice Mayor
of Belvedere; Bob Branz, Belvedere Town E"gineer; Tom Gram, Council Member of Tiburon;
Mogens Bach (Task Force Chairman), Vice Mayor of Tiburon; Sia Barmand, Tiburon Town
Engineer; George Gnoss representing a group of residents from Corinthian Island and Steve
Sears, Downtown merchant and President of the Chamber of Commerce. Also attending
meetings were, Charlie Abrams, Abrams Associates; Ed San Diego, Belvedere City Manager;
John Lundquist, Belvedere Chief of Police and Peter Herley, Tiburon Chief of Police.
In the early fall of 1997, the previous Town Council approved in concept a plan developed by
DKS Associates to transform lower Main Street into a west bound one-way street and ordered
the Town Engineer and Planning Director to proceed with a partial CEQA study as needed. This
action was taken in order to help solve the access problem to several Main Street stores . not
conforming to the Americans with Disability Act's guidelines. A law suit, filed against the non
conforming property owners to make them correct those deficiencies, and Tiburon Police Chief
Herley's often expressed concerns about the safety of the narrow sidewalks and the delivery
trucks double parking during unloading of supplies and merchandise, gave further cause for the
Town to act on the matter.
However, since strong objections where voiced to the new Council from nearby residents of
Corinthian Island, the Belvedere City Council and some Main Street merchants the new Town
Council agreed that although not opposed to the previous Council's decision, more information
and data should be reviewed before making a final decision.
The charter of the Task Force was therefore, to evaluate the objections from the Corinthian
Island residents, Belvedere officials and merchants, and to give them an opportunity to, add new
data to substantiate their claim. The Task Force was to review and re-evaluate the traffic study
and proposal developed by DKS Associates, commissioned jointly by Belvedere and Tiburon, as
well as a new traffic study developed by Abrams Associates. This new study was commissioned
by the Corinthian Island residents objecting to the one-way plan. The task force was to consider
the issue of ADA compliance, safety, the interest of the street merchants, nearby residents,
parking, and general and long term impact on the Downtown area. The Task Force was also to
look into, and consider, other plans that may not have been considered at first. The Task Force
would summarize its findings and submit them to the Tiburon Council.
Main Street Task Force Report
July 10. J 998
General:
The Task Force studied drawings with plans of various traffic layouts. The plans were labeled
Option lR, 2, 3R, or A, B, C and D (see enclosed). Plan A is a DKS Associates One Way plan
originally adopted by the prior Tiburon Town Council, but modified by the Tiburon Town
Engineer with some improvements. Plan B is developed by DKS Associates for two way traffic.
Plan D is developed by Abrams Associates for two-way traffic. It was agreed that plan D was
essentially the same plan as plan B. Plan C is more of a concept plan developed by Sia Barmand
depicting the traffic flow if Main Street was turned into a no traffic pedestrian "Promenade".
The "Promenade" concept was discussed as an alternative to any traffic plans and there was
some support for the idea. One aspect of the Promenade concept was considered workable for
any of the plans. A Promenade would have the "sidewalks" and "street" surfaces at the same
level (except for drainage swales). No curbs. A Promenade would have to have a "street area"
in the middle delineated and kept clear for emergency vehicles and general passage. That area
would have to be delineated with pavers or cQncrete lines in the street surface. It was agreed that
this concept would have several benefits. If the structure of Main Street was to be changed in the
future, changing it would be easier and less costly. The Paver type surface would help slow
down traffic. And, the overall street and sidewalk surface could be raised so that ramping of the
sidewalks would be less noticeable and hazardous to tripping. Finally, this approach would lend
itself better to beautification of Main Street.
It was generally agreed, though, that the many unknowns of a Promenade plan with a greater
impact on the surrounding areas, combined with a negative response from a majority of the
merchants, made this proposal difficult to consider at this time. In addition, reports from other
cities which have Promenades were not favorable. (Santa Monica and recent articles on
Chicago's experience were mentioned)
The Task Force therefore, concentrated on discussing the pros and cons of plans "A) One-Way"
and "B) Two-Way" as well as the objective and subjective differences of the DKS and Abrams
traffic reports. The two reports do not agree with each other. DKS, who conducted a more
thorough study is clearly in favor of the one way plan, but concedes that two-way traffic would
work. The Abrams report recommends two way traffic and is highly critical of anyone-way plan
and of the DKS study. Both Traffic engineers are supporting their reports with a lot of "general
traffic" data, i.e. "one way traffic always moves faster", "One way traffic only works if there is a
parallel street for traffic going in the opposite direction", etc.
Even though the Task Force members are perceiving the problems differently, it was generally
agreed that much of the traffic data from both reports used to back up recommendations do not
necessary apply to Main Street since "Lower Main Street" is only a block long. In fact, the block
is shorter than the length of a football field. It was also agreed that both plans provided for
sidewalks wide enough to accommodate ADA approved access to the stores, although the wider
the sidewalks the less pronounced and safer the ramps. Further, on busy week-ends, the street
did in fact become more of a "Mall" than a street, with people walking on, and crossing
everywhere on the street. It is expected that this trend will continue no matter which traffic
configuration is selected.
Page-2
Main Street Task Force Report
July 10. /998
PLAN A: ONE-WAY ON LOWER MAIN STREET:
The DKS Report:
Again this proposal is recommended by OKS Associates in their report of August 20, 1997, and
backed up with follow-up letters dated September II, 1997, October 30,1997 and April 6, 1998,
responding to the criticism of the Abrams Study. OKS's main reason for supporting the one-way
plan is better and less congested traffic flow and especially that they consider it a safer plan.
Among the favorable traffic and safety aspects highlighted by DKS are:
. Less traffic on lower Main Street. Corinthian Island and Yacht Club will exit via Ark Row
as will the parking lot traffic. (Parking lot traffic is not supposed to exit via lower Main
Street, there is a No Left Turn signal at the exit, which is widely ignored.
. Less traffic predicted from Beach Road on-to upper Main Street.
. Wider northside sidewalks (one -way 8. feet vs two-way 6 feet which is 33% wider) for
pedestrians. The wider sidewalks also mean a less undulated walking surface around the
wheel chair "ramps" to the stores. (The south side sidewalk is 8 feet in both plan A and B).
The total increase in the north side sidewalk area with the increased width is about 100
square feet.
. A wider traffic lane which then creates a wider buffer zone between cars and pedestrians.
(One-way 11.5 feet vs two-way which is 9 feet for both lanes)
. Safer passage for bicyclist due to the wider traffic lane.
. Safer conditions for unloading during morning truck delivery.
Among the negative aspects highlighted by DKS are:
. Inconvenience for Corinthian Island residents exiting from Alcatraz who must make a U turn
at the roundabout, facing congestion at times and use upper Main Street to get to Tiburon
Blvd.
. Parallel parking on the wrong side (south side) of the street. Parking with the existing two-
way traffic is on the north side.
. Potential for higher vehicle speed, but can be mitigated with speed calming devices.
. Increased northbound traffic on upper Main Street
OKS believes that the lesser traffic along with the pedestrian enhancement and safety outweighs
the inconvenience to the Corinthian Island residents having to detour to get to Tiburon Blvd. It is
pointed out by OKS that during their study, many Corinthian Island residents did in fact make a
U turn to get to Tiburon Blvd., Post Office or The Boardwalk, via upper Main Street. This
observation was made by Task Force members as well.
Page -3
Main Street Task Force Report
July 10. 1998
The Abrams Report:
The Abrams report dated February 23, 1998, is critical of the OKS report and one-way
recommendation. It concludes that the OKS study is only a partial report and that the one-way
plan has serious problems that has not been adequately addressed. It states the inconvenience to
the Corinthian Island residents and safety problems for pedestrians and bicyclists. The Task
Force noted that the Abrams Report was prepared without the DKS Supplemental letters of
September II and October 20, 1997, which contained crucial traffic counts.
Among Abrams major points of critique are:
. The wider sidewalk on the one-way plan is not an issue since the two-way plan will provide
almost the same width of sidewalk. (Note: Plan B two-way has an 8 and a 6 foot wide
sidewalk. Plan D, by Abrams has an 8 and a 7.5 foot wide sidewalk. However, the Abram
drawing shows the street to be 41 feet wide in stead of 40 feet. The actual Abrams width of
sidewalks would likely be 7 and 7 feet wide or 6 and 8.)
. Pedestrian Safety, although subjective, the one way-plan is no safer than the two-way plan.
The two-way plan, with its slower traffic, will be safer for pedestrians and bicyclist.
. There are no provisions for bicyclists to travel east. However, they may travel eastbound in
the designated (westbound) bike lane, against the flow of vehicular traffic.
. The one-way plan creates hardship for the Corinthian Island residents having to make a U
turn at the roundabout. This results in misdirection, longer travel distance and added time.
. Greater potential for delays of emergency vehicles heading towards Corinthian Island.
. It will be more difficult to exit the parking lot.
. There will be added traffic on upper Main Street.
. There will be added traffic and congestion on Beach Road and by the Beach Road! Tiburon
Blvd. intersection.
.
The report further mentions that issues such as additional energy use and extra air pollution have
not been addressed by the OKS report.
On issues such as street parking, truck loading, solving the ADA requirements and cost, the
Abrams report states that there is not of much of a difference in either plan.
The Abrams report does not have anything favorable to say about one-way traffic on Main Street.
Page -4
Main Street Task Force Report
July /0. J 998
Issues broue:ht UP bv opponents of the One-Way plan not in the DKS or Abrams reports:
The one-way plan does not allow enough space for passage of cars when trucks are double
parked for unloading. This will also block emergency vehicles.
The two-way plan offers more flexibility for the future.
The two-way plan will have less impact on the business district.
The two-way plan will require less of a CEQA study since it is not deviating much from the
current traffic pattern.
A petition has been circulated by a lower Main Street business owner and signed by most
downtown merchants. The result is as follows:
. Nine business owners from lower Main Street, representing 18 stores, and 28 business
owners from upper Main Street are against the one-way plan.
. Three business owners on lower Main Street are in favor ofthe one-way plan.
. Four business owners on lower Main Street, and one business owner on upper Main Street
have expressed no opinion as to which plan they favor.
Issues broue:ht up bv the proponents of the one-wav plan and not in the DKS or Abrams
Report:
The wider sidewalks creates better opportunities for street beautification and store advertising.
The wider sidewalks makes for a better and safer pedestrian environment benefiting the store
owners.
Street parking can easily be accommodated on either side of the street.
Other issues:
In either plan, the problems with the unloading trucks double parking can be mitigated by making
the street parking areas timed loading zones only.
The issues of the general impact of changing the traffic on Main Street was not discussed much
beyond what has been summarized above.
The issue of the long term impact to the community was not discussed since it was agreed that
the Task Force members were not in a position to foresee this with the data available.
Respectfully submitted: /7/
~
Mogens Bach, Task Force Chair
Attachments: Plans A, B, C & D; Alternative Comparison dated 3/9/98 and sketches X & Y.
Page-5
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TOWN OF TIBURON
STAFF REpORT
ITEM NO, 13
To:
From:
Subject:
Date:
Town Council
Town Engineer
Street Maintenance Status Report
July 15, 1998
We are in the process of finalizing the 1998-1999 street overlay contract to go to bid by the first
week of August. The work will include maintenance overlay of the streets in the Bel Air and
Belveron areas (see attached), The constructon is expected to take place during late August and
September.
The staff is also in the process of compiling a revised list of streets to be overlayed in the next
three to five years, Due to last year's severe winter storms, a physical inspection of the streets
will be necessary in order to establish a new priority list, Again, the categories will be based on a
user benefit order and optimizing the life expectancy of the pavement. Unfortunately, due to lack
of funds, we will only be able to do maintenance and overlay, There will be no pavement
reconstruction,
Siavash Bannand
.
.
.
.
.
.
.
.
.
,
,
.
.
.1
.
.
.
.
.
Capital Improvement Program
BUDGET PLANNING, FISCAL YEARS 1999 & 2000
Street & Sidewalk Improvement Projects
Project FUDding Source Carry Forward Proposed Pluposcd
FY 1997198 FY 1998/99 FY 1999.<<1
F,,~n-ing-a1lc:x:md cost State Gas Tax 15,000 13,000
Provision_1'nl<11t"#l1l11'aN'\1lS repair State Gas Tax 10,000 10,000
Karen Way (B1ackfield-Le1and) State Gas Tax 30,000
Greenwood Beach Road State Gas Tax 40,000
Cecilia Way (lower) State Gas Tax 35.000
Juno Road State Gas Tax - 43,000
Mercury Road State Gas Tax 63.000
Apollo Road State Gas Tax 36,000
Claire Way State Gas Tax 46,000
Leland Way State Gas Tax 30,000
Karen Way (Leland-E-end) State Gas Tax 28,000
Centro West State Gas Tax 33,000
Racoon Lane (Seal) State Gas Tax 8,000
Beach Road State Gas Tax 15.000
Corte Palos Verdes State Gas Tax 16,000
Corte Las Casas State Gas Tax 10.000
Cayford Drive State Gas Tax 12.000
Southridge West State Gas Tax 23.000
Reed Ranch Road State Gas Tax 20,000
Sidewalk-Mar West (to TPC) State Gas Tax 30,000
Sidewalk-HilaIy Drive @ Del Streets & Drainage Reserve 15,000
Mar School
Sidewalk Repair -Pine Terrace Streets & Drainage Reserve 900
COLUMN TOTALS: $ 247,000 $ 185,900 $ 149,000
5/11198, Page H
TOWN OF TIBURON
STAFF REpORT
ITEM NO.
MEETING DATE: 7/15/98
To:
From:
Subject:
TOWN COUNCIL
SCOTT ANDERSON, PLANNING DIRECTOR~
AMENDMENTS TO CHAPTER 12A OF THE TffiURON MUNICIPAL CODE
REGARDING WAIVERS (HARDSHIP EXCEPTIONS) FOR
UNDERGROUNDING OF UTILITIES
JULY 7, 1998
Date:
BACKGROUND
In May, 1998, the Town Council reviewed the criteria under which waivers for undergrounding
utility requirements associated with remodel projects are granted, The Town Council adopted
new criteria intended to streamline and simplify the hardship exception application and review
process,
As a follow-up implementation measure, the ordinance governing hardship exceptions should be
revised to reflect the changes to the application and review process.
Staff has prepared the appropriate text revisions (see Exhibit 1), The current ordinance is
attached as Exhibit 2 for comparison purposes.
The primary thrust of the ordinance amendments are:
1, To shift application review and approval responsibility to the Building Official. Currently,
the Planning Director and Superintendent of Public Works are required to reach a joint
decision for approval or denial of applications, Prior to 1989, only the Planning
Commission could approve a hardship exception!
2, To reference in the ordinance the criteria recently adopted by the Town Council to assess
hardship exception requests on remodel projects (see Exhibit 3).
3, To make violations of the ordinance provisions an infraction instead ofa misdemeanor.
Please note that this change is being made throughout the Municipal Code.
Tiburon Town Council
Staff Report
7115/98
1
RECOMMENDATION
1, Hold a public hearing on the matter.
2, Move to read the ordinance by title only,
3, Hold a roll call vote on first reading of the ordinance.
EXHffiITS
1. Draft ordinance,
2, Current Chapter 12A of the Tiburon Municipal Code,
3, Adopted criteria and information sheet dated 5/98.
\municode\chap 12a,rpt
Tiburon Town Council
Slaff Report
7115/98
2
ORDINANCE NO. N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON AMENDING PROVISIONS OF
CHAPTER 12A OF THE TIBURON MUNIClPAL CODE
REGULATING UNDERGROUND UTILITY DTSTRICTS-
EXTENSIONS
The Town Council of the TownofTiburon does ordain as follows:
Section .L.
Findin~s.
A. The Town Council has held public h~ngs on .1998 and
. 1998, and has received public testimony on this matter,
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 repeal and adoption actions made by this Ordinance are
necessary for the protection of the public health, safety, and welfare.
D, The Town Council has found that the amendments made by this Ordinance are consistent
with the goals and policies of the Tiburon General Plan and other adopted ordinances and
regulations of the Town ofTiburon.
E. The Town Council finds that this project is categorically exempt from the requirements of
the California Envirorunental Quality Act per Section 15308 of the CEQA Guidelines.
Section Z.
Amendment,
(A) Section 12A-3 of the Tiburon Municipal Code is hereby amended to read as follows:
Section 12A-3, Exception for Hardship,
Where the enforcement of the provisions of Section 12A-1 would result in undue
hardship, application for exceptions from the provisions thereof may be made in
the following manner:
(a) Written application shall be filed with the Town of Tiburon Building Official,
Application forms shall be available from the Tiburon Building Division.
Town Council Ordinance No,
N,S,
Effective --/--/98
Page
1
EXHIBIT NO.
(
(b) Such application shall include alI information necessary to properly apprise the
Building Official of the circumstances which require such exception. In instances
where an exception is being sought from provisions of Section 12A-1(b), the
application must demonstrate how the project would qualify for a hardship
exception under specific criteria adopted by the Town Council, said criteria being
attached to the application form.
(c) The Building Official shall grant or deny such application.
(d) The decision of the Building Official may be appealed to the Town Council
within ten (10) calendar days.
(B) Section 12A-5 of the Tiburon Municipal Code is hereby amended to read as folIows:
Section 12A-5, Violations.
It shall be unlawful for any person to violate any provision or to fail to comply
with any of the requirements qfthis chapter. Any person violating any provision of
this chapter or failing to comply with any of its requirements shalI be deemed guilty
of an infraction and shall be subject to penalties pursuant to Section 36900 of the
Government Code, as amended. Each and every day that any violation of this
chapter continues, is committed or is permitted shall be regarded as a new and
separate offense, The remedies provided in this section shall be cumulative and
not exclusive,
Any violation of the provisions of this chapter is hereby declared a public nuisance
and shall be subject to summary abatement as provided by law,
Section ~
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 ofTiburon 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 ~
Effective Date..
This Ordinance shall take effect and be in force thirty days after the date of passage,
and before the expiration of fifteen (15) days after passage by the Town Council, a copy of the
Town Council Ordinance No,
N,S,
Effective --/--/98
Page
2
ordinance shall be published with the names of the members voting for and against it at least
once in a newspaper of general circulation published in the Town of Tiburon.
This ordinance was introduced at a regular meeting of the Town Council of the Town
of Tiburon on , 1998, and was adopted at a regular meeting of the Town Council
of the Town of Tiburon on , 1998, which was noticed pursuant to Government
Code Section 50022.3, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS;
..,"
HARRY S, MATIHEWS, MAYOR
TOWN OF TIBURON
DIANE L. CRANE, TOWN CLERK
\municode\chap12A.ord
Town Council Ordinance No,
N,S,
Effective --/--/98
Page
3
--
CH.-\.PTER 1:2A..
UNDERGROCND CnLITY DISTRICTS-
EXTE.'<SIONS. ,.
Sedons:
12A.-1.
t:nde~ound iDsull:1tion-
Required.
Same-E."'celltions~ner:illY.
Same--5ame-H:1rdship.
5ame--Same-Existing
facilities.
VioLations.
11.\-2.
12.-\..3.
12A.-4.
12A..5.
..~:O commmunity 1nte:1na :e!:'1ision. ~ ch. 9 of:lus CJde....u
to uncie:'?;rounct 'J.uliry distric:.s ;e::e~ly. see c:h. I:' .A.$:o build-
ing :-:-;-.1lation:s ~e:1C":1..!ly. s= =~. tJ. As :0 utility se:""lC: :-e:-'..,.aire.
menu for c:::-uin ~uildings. se: i 1J~.S. As to l'esidCinial
dC"(e:o~ment review. SC' c:t. 168. As to SU"e'::.5 met sidC"A/aJ.ks
ge:Ie:-...Hy, se: c:t. 19.
See.. 12A-l. Cnde~ound iDsulLation-
Required.
It is he::eby orcered by the town council that:
(a) Gener:illy. All new ex~ensions of e:dsting
utilir'! disrribution fac'Jities, induding; but not
. . -
limited to. e!ec-.ric, communication and cable
te!e',;.sion lines, he::e:me:- con.strUC':ed or ins<alle:i
in the ciry shall be placed unde::ground.
(b) Se:"l1ce to crew or remedeled buildings. All
e!ec:ric and communication se:-vice late::lls.
induding Clble te!e'l1sion se:"l1ce, to any new
residential or comme:eal building or Str-lc:ure
being remodeled when suc:" remodeling requires
the re!eC:ltion or replacement of the prope:-ry
owne:-'s main e!e:::rical se:"l1ce equipment, shall
be placed unde::ground from the main se:-'l1ce
fac'Jiry within such builCing or ~J1lc:ure to a
IOC:ltion designate::! by the supplying utility.
(c) Responsibility for arrangements: com-
pliance with appliciOle provisions. It will be the
responsibility of the applicant for e!e:::ric, com-
muniC:ltion or similar or associate::! se:"l1ce to
make the necessary arrangements with the utiliry
companies involved for the underground
installation of wires and fac'Jities require::! for
:
S= 12-\-[
suc:" new e.,tension or se:-l1ce, all in accordance
with the appliClble rules, reg'.llations aLd t:lrifis
of the respective utility or utilities, on file with
the s-.ate public utilities commission. (Orc!. No.
m N.S., 9 2.)
5= l1A-2. Same-E."'c~lltiol1S-
G.!ner:illy.
Tue following ins..allations shall be exempt
from the provisions of section 12.-\-[:
(a) Any municipal equipment or fuc'Jities
ins-..alled under the supe:"lision and to the sati.."-
fac:ion of the town engineer.
(b) Poles or el=oliers used exc!usive!v fer
stree,... ~
..._~ il~nnng.
(c) Overhead ...ires ar.ac::ed to the ex:er::cr
surrace or a building by means or a br.lcxe! or
other fi..= and extended from one location on
the building to anothe:- location on the same
building or to an adJ'ace:n. accessorr buildina
. "
within seventy-five fee! and on the s;;me lot or
parcel as suc:" building, suc:" buildins;;:: being;
mutually accessible '.vithout crossing any publi;
stre:~
(d) Poies. overhe:lc '.vires and associated over-
he::d Str-lC:Ures used for the tr:lnsmissien of e!ec.
trical energy at nominal volug;es in excess of
thirty-four thousand five hund.r;d velts.
(e) Amennae. associated equipment :md sup-
pcmng Str'..lc:ures used by a utility for funishing
communic:lrion se:",ices.
(I) Equipment appur:enanr to uncerzround
facilities. such as surface.mounted =sf~==.
". " ' _1
pe_eS!al-mounte~ terwrn.u boxes and meter
cabine:s, and concealed duc-..s.
(g) Temporary poles, overhe:lc wires and
associated overhe:ld sn-uc:ures use::! or 'to be used
m conjunc-.ion with constr-lc--.ion projec"..s or
whic:" are ins-..alld and maintained for a pe::iod
not:o exc::e-;i ten days, in order :0 provide emer-
gency se:-'l1ce. (Orc. No. lTi N.S.. ~ 3.)
50!<:. 12-\-3. Same-Same-Hardship,
'Wl1ere the enforcement of the provisions of
sedon [2."'.-1 would result in undue hardship.
74
/,
E"i-TBIT .NO, -:-L
. "A.HA r,--,:::,--
--~-------~-.........._.-----
Sec. 12-\.3 ..'
appliClrion for e:'[c~,.:tion from tbe provisiolJS
tb=f may be made in tbe fOllowing manner.
Ca) Writte:l appliClrion sball be filed witI:1 tbe
di=or of co=unit:' development and a copy
sball be provided tbe dir=or of public works.
(b) Such appliC:lrion sball include all infor-
mation nec=r; to properly appri..se tbe dire:-..or
of co=unir; deve!opme:lt and tbe dire:-.or of
public works oftbe e:-"....sring c'.JC".lIIlStanc:::s which
require such e::tc::prion.
(c) Tne dire::-..or of public works and the plan-
ning dire::-..or sball grant or de:lY such appliCltion
by joint determination. Tneir dec'.sion may be
appe:l/ed to tbe town counc'J. For sul:division
developme:lts, any exc::ption must also be
approved by tbe S-'-'lte public utilities com.mis-
sion. COrd. No, 177 N.S., 9 4; Ord. No, 3~S.s" 9
2.)
~.12A-4. Same-Same-Existing
facilities.
Tae provisions of se:tion 12A-l shall not pro-
hibit tbe maintenanc:: and ,operation of e:tisting
overhe:1d fac'Jities, nor prohibit tbe conne:::ion
of unde:ground se:"'nc:: lines to e:tisting ove:he"..d
utilir; diS-'.libution equipme:lt. (Ord. No. 177
N,S" 9 5.)
See.. 12A-5. Violations.
It shall be unlawful for any pe:son to violate
any provision ono fail to comply witb any of the
require::ne:lts of tb.is chapter. Any pe:son violat-
ing any provision of tb.is chapter or failing to
comply wim any of its require::nents shall be
d~ed guilty of a misde::ne:mor and, upon con-
viction tbereof, shall be punished by a fine aot
e::tceeding five hundred dollars or by impr.son-
me:lt 1l0t e::tc::eding sb: months, or by both such
fine and impdsonm~:lt. E:lch such pe:SOIl sl1a1I
be de::med guilty of a separ:ate offense for =h
day during any portion of which any viOlatiOIl of
any provision oftb.is chapter is committed, COIl-
tinued or permitted by such person, and shall be
Punishable tberefor as provided by tb.is sec::ioa.
COrd. No, 177 N,S" 9 6.)
o
75
.-
..,------'----_._._-_._-_...~
TOWN OF TIBURON
1505 TIBURQN BOULEVARD. TIBURON . CALIFORNIA 94920 . (415) .1.35-7373
FAX (415) 4.35-2438
UNDERGROUNDING OF UTILITIES REQUIREIvlENT ON
REMODEL PROJECTS: HARDSHIP EXCEPTIONS
If you are undenaking a remodel project on your residence or commercial building, you may be
required to "underground" all cables and wires leading from your main electrical service panel to a
utility pole specified by the utility company unless you qualifY for a "hardship exception", The
Town's requirement for undergrounding of utilities on remodel projects is as follows:
REQUIREMENT (MUNICIPAL CODE SECTION 12A-l(b)):
"Service to new or remodeled buildings. All electric and communication service laterals.
including cable television service, to any new residential or commercial building or
stn/cture being remodeled when such r~modeling requires the relocation or replacement
of the property owner's main electrical service equipment, shall be placed underground
from the main service facility within such building or strocture to a location designated
by the supplying utility. "
However, Section l2A-3 of the Tiburon Municipal Code enables the Town to grant ''hardship
exceptions", also called "waivers" of the undergrounding requirement. The Town Council has
adopted the criteria under which a hardship exception may be granted by the Town of Tiburon
Building Official, as set fonh in the policy below:
TOWN POLICY:
Pursuant to Section 12A-3 of the Tiburon Municipal Code, hardship exceptions to the
requirement for undergrounding set fonh in Section l2A-I(b) may be granted by the Building
Official if any of the following conditions exist:
1. The cost of under grounding would exceed 10% of the cost of the remodel project.
2. The location specified by the supplying agency is located on the opposite side of a
street, and trenching across a street would be required to perform the
undergrounding,
3. The location specified by the supplying agency is more than 150 linear feet from
the affected property at its closest point.
As a condition of granting the exception, the Building Official will req,me all new or .
relocated main electrical service panels to be installed with an underground conduit fitting ,
and sweep. This will make future undergroundingcheaper and easier.
UndorgJim 5/98
EXHIBIT NO. :3
TOWN OF TIBURON
STAFF REpORT
To:
ITEM NO.
MEETING DATE: 7/15/98
TOWN COUNCIL
SCOTT ANDERSON, PLANNING DIRECTOR.:sA;-
AMENDMENTS TO CHAPTER l3C OF THE TIBURONMUNICIPAL CODE
REGARDING INDIVIDUAL AND AL TERNATIVE SEWAGE DISPOSAL
SYSTEMS
JULY 7, 1998
/p
From:
Subject:
Date:
BACKGROUND
The Town ofTiburon, in concert with all other cities and towns in Marin except for the City of
Novato, relies upon the staffand expertise of the Marin County Environmental Health Services
Department for all matters dealing with individual sewage disposal systems, commonly known as
septic systems. Marin County's ordinance with respect to the regulation of septic systems was
last adopted by the Town of Tiburon in 1974, Since that time, the County's ordinance has been
amended numerous times, and the Town's ordinance has otherwise become out-of-date for a
variety of reasons,
In addition, Marin County recently (1996) adopted regulations for the installation of alternative
sewage disposal systems, These are individual sewage disposal systems which either do not
include the standard septic tank or typical leach field, but which meet Marin County standards for
acceptable sewage disposal. There are a few such alternative systems which have met the
County's approval, but they are expensive and closely regulated,
The proposed ordinance before the Town Council would adopt by reference Marin County's
ordinances, and the regulations adopted pursuant thereto, for both individual sewage disposal
systems and alternative sewage disposal systems,
ANALYSIS
Planning Department Staff believes that simple adoption of Marin County's ordinances and
regulations is the most straightforward and best approach in dealing with a specialized area which
Town Staff is neither trained nor qualified to regulate,
Tiburon Town Council
Staff Report
7115/98
1
A few changes to the County's ordinances are required in order to achieve consistency with other
adopted Town ordinances, For example, concerning development of unimproved lots, both the
Tiburon Zoning Ordinance and the Tiburon Subdivision Ordinance require connection to a public
sewer system, unless the requirement is specifically waived by the Town Council. The draft
ordinance has been carefully written to preselVe the Town Council's discretion in such cases, The
same adjustments have been made to preselVe the Town's enforcement of the ordinance,
Overall, there are relatively few individual sewage disposal systems in the Town of Tiburon, and
the number decreases every year through connections to public sewer systems, Staff is not aware
of any alternative sewage disposal systems in the Town limits, The Marin County Environmental
Health Services Department and County Counsel's Office were not aware of any current unusual
or problem-enforcement cases regarding septic systems on any properties in Tiburon,
OPTIONS
The Town Council may choose to llil1 adopt Marin County's ordinance regarding alternative
sewage disposal systems, Such systems need not be allowed in the Town of Tiburon; however,
Staff sees no convincing reason not to adopt the alternative systems regulations, and believes they
will be rarely, if ever, used within the Town ofTiburon. In this particular case, the benefits of
keeping things simple and minimizing confusion appear to outweigh any other factor.
Staff' apologizes for the volume of the attachments to this report. However, even when adopting
another jurisdiction's ordinances by reference, the Town Council must have received, and had the
opportunity to review in public session, any documents which it will be officially adopting. The
attachments are required to be part of the Council's packet,
RECOMMENDATION
I, Hold a public hearing on the matter.
2, Move to read the ordinance by title only,
3, Hold a roll call vote on first reading of the ordinance,
EXHffiITS
1, Draft ordinance,
2, Current Chapter BC of the Tiburon Municipal Code,
\municode\chap 13c,rpt
Tiburon Town Council
Staff Report
7/15198
2
ORDINANCE NO. N.S,
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
REPEALING CHAPTER 13C OF THE MUNICIPAL CODE AND ADOPTING BY
REFERENCE THE INDIVIDUAL AND ALTERNATIVE SEW AGE DISPOSAL
SYSTEM REQUIREMENTS OF TITLE 18.06 AND 18.07 OF THE MARIN COUNTY
CODE AS A NEW CHAPTER 13C OF THE MUNICIPAL CODE
(lNDIVIDUAL AND AL TERNA TIVE SEW AGE DISPOSAL SYSTEMS)
The Town Council of the Town of Tiburon does hereby ordain as follows:
Section 1.
FindinllS.
A. The Town Council has held public hearings on , 1998 and
. 1998, and has re~~ved public testimony on this matter.
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 repeal and adoption actions made by this Ordinance are
necessary for the protection of the public health, safety, and welfare,
D, The Town Council has found that the repeal and adoption actions made by this Ordinance
are consistent with the goals and policies of the Tiburon General Plan and other adopted
ordinances and regulations of the Town of Tiburon.
E, The Town Council finds that this project is categorically exempt from the requirements of
the California Environmental Quality Act per Section 15308 of the CEQA Guidelines
because these regulations constitute an action by a regulatory agency to assure the
maintenance, restoration, enhancement, or protection of the environment where the
regulatory process involves procedures for protection of the environment,
Section 2.
Chapter 13C of the Tiburon Municipal Code Repealed.
Chapter 13C of the Tiburon Municipal Code pertaining to Individual Sewage Disposal Systems is
hereby repealed,
Section 3.
Chapter 13C of the Tiburon Municipal Code Adopted,
A new Chapter 13C of the Tiburon Municipal Code pertaining to Individual Sewage Disposal
Systems and Alternative Sewage Disposal Systems is hereby adopted as follows:
Town ofTJburon
Ordinance No.
N. S.
Effective
1
EXHIBIT NO,-L-
1
2
CHAPTER 13C
INDIVIDUAL AND ALTERNATIVE SEWAGE DISPOSAL SYSTEMS
3
4 Sec. 13C-1. Adoption of County Code for Individual Sewage Disposal Systems.
5 Pursuant to Government Code Section 50022.9, the Marin County Individual Sewage
6 Disposal System ordinance set forth in Tide 18 of the Marin County Code, Chapter 18.06,
7 including all current amendments thereto, and the Regulations For Design, Construction,
8 and Repair ofIndividual Sewage Disposal Systems issued pursuant to Section 18.06.060,
9 are adopted by reference and shall be in full force and effect within the Town of Tiburon
10 with the following exceptions:
11
12
13
1.
Section 18.06.020 regarding Applicability shall be amended to expand the
applicability of Chapter 18,06 to include all territory within the corporate
limits of the Town of Tiburon.
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16
2.
Notwithstanding provisions of Section 18.06.050 to the contrary, the Health
Officer shall not accept for filing any application requesting the installation
of any Individual Sewage Disposal System on any unimproved lot within the
Town of Tlburon
Ordinance No,
N. S.
Effective
2
1
2
3
4
5
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8
9
10
11
12
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Town of Tiburon unless the Town's zoning requirement for connection to a
Public Sewer System has been specifically exempted by vote of the Town
Council, and written documentation to that effect is provided with the
application.
If any such application is erroneously accepted for filing without
demonstration of the Town Council's exemption, then the Health Officer
shall not authorize or permi~. the installation of any Individual Sewage
Disposal System on any unimproved lot within the Town of Tiburon unless
the Town's requirement for connection to a Public Sewer System has been
specifically exempted by vote of the Town Council.
For purposes ofthis section, "unimproved lot" shall mean a holding of real
property which is not improved with a primary building such as a dwelling
unit or place of business.
3.
Section 18.06,150 (Penalty for Violations) is deleted.
Town of Twuron
Ordinance No.
N. S.
Effective
3
1 Section 13C-2. Adoption of County Code for Alternative Sewage Disposal Systems.
2 Pursuant to Government Code Section 50022.9, the Marin County Alternative Sewage
3 Disposal System ordinance set forth in Title 18 of the Marin County Code, Chapter 18.07,
4 including all current amendments thereto, and the Regulations for Design, Construction,
5 and Repair ofIndividual Sewage Disposal Systems, Section 800, issued pursuant to Section
6 18.07.060, are adopted by reference and shall be in full force and effect within the Town of
7 Tiburon with the following exceptions:
8
9
10
11
12
13
14
15
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17
1.
Section 18.07.020 regarding Applicability shall be amended to expand the
applicability of Chapter 18,07 to include all territory within the corporate
limits of the Town of Tiburon,
2.
Notwithstanding provisions of Section 18.07.050 to the contrary, the Health
Officer shall not accept for filing any application requesting the installation
of any Individual Sewage Disposal System on any unimproved lot within the
Town of Tiburon unless the Town's zoning requirement for connection to a
Public Sanitary Sewer System has been specifically exempted by vote of the
Town Council, and written documentation to that effect is provided with the
application.
Town of Twuron
Ordinance No.
N. S.
Effective
4
1
2
3
4
5
6
If any such application is erroneously accepted for filing without
demonstration ofthe Town Council's exemption, then the Health Officer
shall not authorize or permit the installation of any Individual Sewage
Disposal System on any unimproved lot within the Town of Tiburon unless
the Town's requirement for connection to a Public Sanitary Sewer System
has been specifically exempted by vote of the Town Council.
7
8
9
For purposes of this section,,:~unimproved lot" shall mean a holding of real
property which is not improved with a primary building such as a dwelling
unit or place of business.
10
3.
Section 18.07.180 (Penalty for Violations) is deleted.
11 Sec. 13C-3. Availability of Copies.
12 Three (3) copies of Chapters 18.06 and 18.07 of the Marin County Code, and regulations
13 issued pursuant thereto, having been adopted herein by reference, shall be kept on file for
14 public review in the office of the Tiburon Town Clerk.
Town of Twuron
Ordinance No.
N, S.
Effective
5
1 Sec. 13C-4. Enforcement.
2 Any violation of the provisions of this chapter is hereby declared a public nuisance and
3 shall be subject to summary abatement as provided by law.
4 Any person violating provisions of this chapter, or violating any conditions of a permit
5 issued under this chapter, shall be deemed guilty of an infraction and shall be subject to
6 penalties pursuant to Section 36900 of the Government Code, as amended.
.'
7 Each and every day that any violation of this chapter continues, is committed or is
8 permitted shall be regarded as a new and separate offense. The remedies provided in this
9 Section shall be cumulative and not exclusive.
Section 4.
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 5.
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.
Town ofTwuron
Ordinance No.
N.S.
Effective
6
This Ordinance was introduced at a regular meeting of the Town Council of the
town of Tiburon on , 1998, and was adopted at a regular meeting of the
Town Council of the Town of Tiburon on , 1998, which was noticed
pursuant to Government Code Section 50022.3, by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
HARRY S. MATTHEWS, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE L. CRANE, TOWN CLERK
\municode\chap13c2.rev
Town of Twuron
Ordinance No.
N, S.
Effective
7
TOWN OF TIBURON
STAFF REpORT
ITEM NO.
/1
To:
From:
Subject:
Date:
TOWN COUNCIL
ANN R DANFORTH, TOWN ATTORNEY
ORDINANCE ESTABLISHING NEW CODE ENFORCEMENT PROCEDURE
JULY 15, 1998
BACKGROUND
Most Tiburon residents voluntarily comply with the Town's Municipal Code. However, Town staff
has regularly encountered difficulties in enforcing the Code in the face of persistent violators. Where
voluntary compliance has been lacking, enforcement has depended on cumbersome and costly court
proceedings.
Many other local governments have encountered this problem. Cities are increasingly adopting their
own, administrative procedures for Code enforcement that streamline enforcement and minimize the
need for costly litigation, For the past several months, Town staffhas been drafting an ordinance that
would establish such an administrative process for the Town,
ANALYSIS
The ordinance makes several significant changes to the Town's enforcement process. However, we
must emphasize that the Town would retain all of its existing substantive rights and remedies, The
ordinance would merely give staff a new, streamlined tool for code enforcement.
1. Administrative Citations.
Under the current system, the Town can issue a criminal citation (similar to a traffic citation) to a
Code violator, which requires that the violator pay bail or appear in court. If the violator contests
the citation, the Town must go to court to defend it, If the violator simply refuses to pay the bail, the
Town must again resort to the courts to collect. This is a costly process in terms of Town resources.
Further, there have been instances where citations have been dropped simply because there were no
Town staff available to appear on the date set by the court.
Under the proposed ordinance, Town staff would have the ability to issue administrative citations to
enforce the Code. The cited party would have the option of paying a fine set by resolution or
Code Enforcement Ordinance
Page 2
July 15, 1998
contesting the citation by requesting an administrative hearing. Absent a showing of hardship, the
ordinance requires the cited party to deposit the fine in advance of the hearing. The Town Manager
would designate a hearing officer and the Town Clerk would set a hearing date. At the administrative
hearing, the cited party would have the opportunity to testify and present evidence concerning the
alleged violation. If the hearing officer upheld the citation, the deposited fine would be retained by
the Town. If the hearing officer found that the citation should be canceled, the fine would be returned
with interest.
If the cited party neither pays the fine nor requests an administrative hearing, the Town could impose
a code enforcement lien upon the real property involved and/or direct the County Treasurer-Tax
Collector to collect the unpaid amount as a special assessment to the next regular tax bills levied
against the property,
2. Abatement of Code Violations and Other Public Nuisances.
The Town's current abatement procedures are set forth in Chapter 24 of the Municipal Code. Under
Chapter 24, the Town Council conducts a hearing on a proposed abatement after due notice to the
property owner, At the hearing, the Council hears the objections, if any, to the proposed abatement
and detennines by resolution whether a public nuisance exists, If the Council finds that a public
nuisance exists, the resolution would authorize an appropriate Town official to abate the nuisance and
assess costs upon the subject property. Thereafter, if the property owner does not abate the nuisance,
the designated Town official would enter the property, abate the nuisance and submit a report
regarding the costs of abatement to the Council. If the Council confirms the report, the Town
collects the costs by imposing a lien against the property and directing the assessor/tax collector to
add the amount of the assessment to the property owner's next tax bill.
The difficulty with this system is that it requires the Town Council to go beyond its normal policy-
making role into relatively technical matters. The Uniform Building Code recommends that
interpretations of the building Code violations be resolved by an independent Board of Appeals
composed of members with relevant expertise, The proposed ordinance would extend that approach.
The proposed ordinance would repeal Chapter 24. Under the new Chapter 31, whenever the
Building Official finds a violation of the Code or other public nuisance, the Official would issue a
notice and compliance order. If the property owner does not correct the cited condition, the Building
Official could schedule a hearing before an administrative hearing officer to afford the property owner
the opportunity to contest the compliance order, After considering the evidence, if the administrative
hearing officer found that the violation or other public nuisance exists, he could order summary
abatement or abatement by a particular date, He could also impose administrative civil penalties (up
to $1000 per day up to a maximum of$1 00,000) and costs. These monies could be collected through
Code Enforcement Ordinance
Page 3
July 15, 1998
the assessment lien and tax collection process, just as abatement costs are currently collected (and
as unpaid administrative citation fines would be collected under the proposed ordinance).
3. Criminal and Civil Enforcement.
The primary focus of the proposed ordinance is to divert most enforcement matters from the courts
to the administrative arena. However, the Town would retain the discretion to pursue criminal and
civil remedies. The proposed ordinance would clarify the procedures for such enforcement.
The only significant substantive change with respect to criminal and civil remedies is the reversing of
the presumption regarding misdemeanors and ~actions. At present, a violation of any provision the
Code is deemed a misdemeanor unless the violation the such of provision is specifically designated
an infraction. Under the proposed ordinance, a violation would presumptively be an infraction unless
otherwise specified.
State law provides for the maximum penalties for infractions and misdemeanors, the latter being
substantially more severe. However, prosecution of misdemeanor violations is more burdensome
because a misdemeanor defendant is entitled to a jury trial. Accordingly, an increasing number of
jurisdictions have selected to make the default violation an infraction.
Under the proposed ordinance, a person guilty of an infraction would be subject to a $100 fine for
a first offense, a $200 fine for a second offense and a $500 fine for a third offense. After the fourth
offense in one year, the violation would be increased to a misdemeanor. Amisdemeanoris punishable
by imprisonment in the Marin County Jail for up to six months or a fine of up to $1000 or both.
RECOMMENDATION
Staff recommends that the Council:
I. Conduct a public hearing on the proposed new ordinance;
2. By motion, read the ordinance by title only; and
3, Pass first reading of the ordinance by roll call vote,
EXHIBITS
Draft Ordinance
1
2
3
4
5
6
f'1--crf
D~
#t4~r
ORDINANCE NO.
N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON REPEALING SECTIONS
1-7,1-8,1-10,1-11,1-12,1-13; AMENDING SECTIONS
1-2,2-8, AND 13-4,I(A); REPEALING CHAPTER 24; AND
ADOPTING NEW SECTIONS 1-7; 1-8; 1-10; AND
ADDING NEW CHAPTER 31 (ENFORCEMENT OF CODE).
The Town Council of the Town of Tiburon does ordain as follows:
SECTION 1. REPEALING SECTIONS 1-7, 1-8, AND 1-10 TO 1.13 OF TITLE I,
7 CHAPTER 1.
8 Sections 1-7, 1-8, and 1-10 to 1-13 of Title I, Chapter 1, of the Tiburon Municipal Code, as
adopted by Ordinance No, 1 N.S" are hereby repealed.
9
10
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12
SECTION 2. AMENDING SECTION 1-2.
Section 1-2, "Code," of the Tibu~9,n Municipal Code is hereby amended to read:
Code, The words "the Code" or "this Code" shall mean "The Municipal Code of the Town of
13 Tiburon, Califorrua," any Town ordinance, as well as any codes as have been incorporated by reference,
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SECTION 3. AMENDING SECTION 2-8,
Section 2-8 ofthe Tiburon Municipal Code is hereby amended to include subsections (p) and (q)
which are to read as follows:
(p) The Town Manager is authorized to designate persons, in addition to police
officers, as "Code Enforcement Officers," to enforce all provisions of this Code
or any other ordinance within the definition of2-3.4(b),
(q) Pursuant to the provision of Section 830,6 of the Penal Code of the state of
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24
California, the Town Manager is authorized to deputize or appoint, as a reserve
or auxililll)' Town peace officer, any officer or employee of the Town who meets
such qualifications therefor as may be imposed by law, and who is assigned specific
police functions by the Town Manager,
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28 A:\CODENFRC.CIT
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SECTION 4. AMENDING SECTION 13-4. 1 (A).
Section 13-4, 1 (a) of the Tiburon Municipal Code, as adopted by Ordinance No. 418 N.S" is
hereby amended to read as follows:
(a) Section 105 (Board of Appeals) is amended such that the function of the Board
of Appeals is vested with an Administrative Hearing Officer or Hearing Officer
appointed by the Town Manager pursuant to Articles IV and VI, Chapter 31 of
this Code. Any appeal of orders pursuant to this chapter shall be conducted in
accordance with the administrative hearing process as described in Article IV and
Article V of Chapter 31 of this Code.
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24
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SECTION 5. ADDING NEW SECTION 1-7.
Section 1-7 is hereby added to the Tiburon Municipal Code to read as follows:
Service of notices. *
Unless otherwise designated in a particular provision, whenever a notice is required to be
given under this Code, such notice may be given by:
(1) Personal Delivery thereof to the person to be notified;
(2) Deposit in the United States Mail in a sealed envelope, postage prepaid;
(3) Overnight delivery service; or by
(4) Certified Mail.
(b) Notice by deposit in the United States mail, by overnight delivery service, or by certified
mail, shall be addressed to such person to be noticed, at his last known business or
residence address as the same appears in the public records or other records pertaining
to the matters to which such notice is directed.
(c) Notice by deposit in the United States mail or certified mail shall be deemed complete
at the time of deposit; but unless the court prescribes a shorter period of time, any
prescribed period of notice and any right or duty to do any act or make any response
within any prescribed period or on a date certain after a paper is served by mail is extended
12
Sec. 1-7
13
(a)
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28 A:\CODENFRC,CIT
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11 SECTION 6, ADDING NEW SECTION 1-8.
12 Section 1-8 is hereby added to the Tiburon Municipal Code to read as follows:
13 Sec. 1-8 Proof of service.
14 Proof of giving any notice may be made by the certificate of any officer, Code Enforcement
15 Officer, or employee of this Town or by affidavit of any person over the age of eighteen years, which
16 shows service in conformity with this Code or other provisions oflaw applicable to the subject matter
17 concerned,
(d)
five days if the place of address is within the state of California, ten days if the place of
address is outside the state of California but within the United States, or twenty days if
the place of address is outside the United States.
Notice by overnight delivery shall be deemed complete at the time of the deposit, but any
period of notice and any right or duty to do any act or make any response within any
period or on a date certain after the service of the document served by overnight delivery
shall be extended by two court days, but the extension shall not apply to extend the time
for filing notice of intention to move for new trial, notice of intention to vacate judgment
pursuant to Code of Civil Procedure, Section 663a, or notice of appeal.
18 SECTION 7. ADDING SECTION 1-10.
19 Section 1-10 is hereby added to the Tiburon Municipal Code to read as follows:
20 Sec. 1-10 Recovery of collection costs,
21 Any person who fails to pay any fee, charge, municipal tax or other amount owed to the Town
22 shall be liable in any action brought by the Town for all costs incurred in securing payment of the
23 delinquent amount, including but not limited to administrative costs and attorneys' fees,
24 Such collection costs shall be in addition to any penalties, interest, and late charges imposed
25 pursuant to state law or to an ordinance or resolution of the Town council.
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3
1 SECTION 8, REPEALING CHAPTER 24 OF TITLE VI.
2 Chapter 24 of Title VI, of the Tiburon Municipal Code, as adopted by Ordinance No. 59 N,S.,
is hereby repealed,
3
4 SECTION 9. ADDING CHAPTER 31.
5 A new Chapter 31 is hereby added to the Tiburon Municipal Code to read as follows:
6
7
8
9
10 Sections:
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12
31-1
31-1.1
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14 31-2
31-3
15 31-4
31-5
16 31-5.1
31-5.2
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31-5.3
18 31-5.4
31-6
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20 31-7
31-7.1
21 31-7.2
31-7.3
22 31-7.4
31-8
23 31-9
31-10
24
25 31-11
31-12
26 31-13
31-14
27 31-15
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CHAPTER 31
ENFORCEMENT OF CODE
Article I. In General.
Scope of this chapter. *
Definitions.
Article II. Code Enforcement Authority; Powers; Citation Procedure;
and Arrest Procedure,
Declaration of purpose.
General code enforcement authority.
Scope of authority to enter and inspect property.
Procedure involving infractions and misdemeanors--General.
Same--Adoption by reference.
Same--Procedure upon arrest of persons for violation of code or ordinance;
written promise of arrested person to appear. ~
Same--violation of promise to appear
Same--Failure to appear; warrant for arrest.
False arrest or imprisonment -- use of reasonable force.
Article m. Judicial Remedies.
Criminal violations -- infractions and misdemeanors.
Same -- presumptively an infraction.
Same -- penalty for Infraction Violations. *
Same -- penalty for misdemeanor violations. ~
Same--Discretion of Town Attorney and judiciary to reduce charge. *
Civil actions -- inj unction, civil penalties and administrative costs.
Same -- judicial abatement.
Same -- treble damages for subsequent abatement judgments.
Article IV. Administrative Citations,
Administrative citations -- scope.
Certain violations deemed enforceable by administrative citations.
Administrative citation and pre-citation notice.
Amount of fines.
Payment of the fine.
A:\CODENFRC.CIT
4
1 31-16
31-17
2 31-18
31-19
3 31-20
31-21
4 31-22
31-23
5 31-24
6
31-25
7 31-26
31-27
8 31-28
31-29
9 31-30
31-31
10 31-32
31-33
11 31-34
31-35
12 31-36
31-37
13 31-38
31-39
14 31-40
31-41
15 31-42
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17
Sec. 31-1
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(a)
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(b)
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Hearing request.
Advance deposit hardship waiver.
Hearing officer.
Hearing procedure.
Hearing officer's decision.
Late payment charges.
Recovery of administrative citation fines and costs.
Right to judicial review,
Notices.
Article V. Administrative Remedies; Abatement; Code Enforcement Assessment Lien.
Applicability.
Notice and compliance order,
Method of service for the notice and compliance order.
Compliance with notice and compliance order.
Non-compliance with notice and compliance order; hearing.
Notice of hearing.
Hearings -- findings, decision, and administrative order.
Administrative order,
Administrative civil pen;lIties. *
Administrative costs.
Supplemental hearing, decision and administrative order.
Failure to comply with administrative order.
Right of judicial review.
Recovery of administrative civil penalties and administrative costs.
Report or compliance after administrative order.
Compliance dispute.
Summary abatement.
Code enforcement assessment lien; tax collection.
Article I. In General.
Scope of this chapter, *
Each such person shall be guilty of a separate offense, whether it be an infraction,
misdemeanor, public nuisance or administrative, for each and every day during any
portion of which any violation of any provision of this Code or any other Town
ordinance is committed, continued or permitted by such person and shall be punishable
accordingly,
The penalties and remedies specified in this chapter are in addition to, and do not
supersede or limit, any other penalties or remedies, civil or criminal.
26
*"Code" is defined in Section '-2 as to include any provision of this Code, any Town ordinance, any codes as have been
incorporated by reference,
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A:lCODENFRC.CIT
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Sec. 31-1.1 Definitions.
Abatement, "Abatement" shall mean any action the Town may take on public or private
property and any adjacent property as may be necessary to remove or alleviate a nuisance, including
but not limited to demolition, removal, repair, boarding and securing or replacement of property.
Administrative Civil Penalties. "Administrative civil penalties" shall mean any penalty
imposed by an Administrative Hearing Officer for a violation of any provision of this Code or any
other public nuisance, in accordance to the maximum amount specified in Government Code Section
36901, exclusive of administrative costs, interest and restitution for compliance re-inspections.
Administrative Costs, "Administrative Costs" shall mean any costs incurred by the Town in
connection with a matter before an Administrative Hearing Officer, including but not limited to, the
costs for the Administrative Hearing Officer's services, costs of investigation, staffing costs incurred
in preparation for the hearing and for the hearing itself, costs for all re-inspections necessary to
enforce a notice and compliance order, and the costs of actual abatement if undertaken by the Town.
Administrative Hearinf?: Officer. "Administrative Hearing Officer" shall mean any person
appointed by the Town Manager to preside over administrative enforcement hearings. In the event
that the hearing involves the application or interpretation of the Town's Building Code, the
Administrative Hearing Officer shall possess the qualifications required by Section 105,1 of the
Uniform Building Code (1994 ed,),
Administrative Order. "Administrative order" shall mean an order issued by an Administrative
Hearing Officer after a hearing requiring a Responsible Person and/or Record Property Owner to
correct Code violations, abate a public nuisance, pay administrative civil penalties and administrative
costs or take any other action as authorized or required by this Code, and authorizing the Town to
abate the Code violation or public nuisance if the Responsible Person and/or Record Property Owner
fails to do so,
Arresting Officer "Arresting officer" shall mean any peace officer and/or Code Enforcement
Officer.
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Code Enforcement Assessment Lien, "Code enforcement assessment lien" shall mean a lien to
collect outstanding administrative civil penalties and administrative costs imposed as part of an
administrative enforcement proceeding with respect to a Code violation or other public nuisance,
Code Enforcement Officer. "Code Enforcement Officer" or "enforcement officer" shall mean
any Town employee authorized by the Town Manager to enforce all provisions of this Code or any
other ordinance, The Code Enforcement Officer may issue infractions, misdemeanors, administrative
citations, and notice and compliance orders as specified in chapter 31 of this Code.
Le!):al Interest. "Legal interest" shall mean any interest that is represented by a document such
as a deed of trust, quitclaim deed, mortgage, judgment lien, tax or assessment lien, mechanic's lien or
other similar instrument which is recorded with the County Recorder.
Notice and Compliance Order. "Notice and compliance order" shall mean a document used in
Code violation and other public nuisance proceedings which provides notice of the Code violations or
other public nuisances and orders a Responsible Person and/or Record Property Owner to take
certain steps to correct the violations,
Notice and Code Enforcement Assessment Lien, "Notice and Code enforcement lien" shall
mean a document or form, approved by the Town Manager, which is recorded with respect to a Code
Enforcement Assessment Lien.
Notice of Satisfaction, "Notice of satisfaction" shall mean a document or form, approved by
the Town Manager which indicates that all outstanding administrative civil penalties and
administrative costs have either been paid in full, or that the Town has negotiated an agreed amount,
or that a subsequent administrative or judicial decision has resolved the outstanding debt,
Public Nuisance, A "public nuisance" exists where the Town determines that any condition
caused, maintained or permitted to exist which (a) violates any provision of this Code; (b) constitutes
a threat to the public's health, safety and welfare; (c) significantly obstructs, injures or interferes with
the reasonable or free use of property in a neighborhood, community or to any considerable number
of persons; or (d) constitutes an unlawful obstruction or encroachment on any public property,
including but not limited to any public street, highway, right-of-way or other easement, open space
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1 area, park or building. Notwithstanding the foregoing, a "public nuisance" shall not include any
2 condition on Town-owned land where such land is unimproved and reserved for
3 open space/recreational uses,
4 Responsible Person, "Responsible Person" shall mean a person who a Code Enforcement
5 Officer determines is responsible for causing or maintaining a violation of the Code and/or other
6 public nuisance, The term "Responsible Person" includes but is not limited to a record property
7 owner, tenant, person with Legal Interest in real property or person in possession of real property,
8
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Article II. Code Enforcement Authority; Powers; Citation Procedure;
and Arrest Procedure.
11 See, 31-2
Declaration of purpose.
12 The Council finds that the enforcement throughout the Town of this Code is an important public
13 service, Code enforcement is vital to the protection of the public's health, safety and quality ofIife. The
14 Council recognizes that code enforcement depends upon the codification of precise regulations that can
15 be effectively applied in administrative and judicial proceedings, The Council further finds that a
16 comprehensive code enforcement system that uses a combination of judicial and administrative remedies
17 is critical to gain compliance with Town regulations,
18 See, 31-3
General code enforcement authority,
19 (a)
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Peace officers are hereby empowered to enforce any and all provisions of this Code or any
other ordinance of the Town, where a violation of such provision or provisions or of such
ordinance would constitute a misdemeanor, an infraction, a public nuisance or a parking
22
violation,
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(b)
The Town Manager and Code Enforcement Officers, pursuant to Penal Code Section
836,5 which is hereby adopted by reference, are hereby empowered to enforce any and
all provisions of this Code or any other ordinance of the Town, where a violation of such
provision or provisions or of such ordinance would constitute a misdemeanor, an
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infraction, a public nuisance or administrative violation,
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(c) The powers of the Town Manager, Code Enforcement Officers, and Peace Officers
include but are not limited to the power to enter and inspect public and private property,
and use whatever judicial and administrative remedies are available under this Code and
applicable state laws,
Sec. 31-4 Scope of authority to enter and inspect property.
(a) When it is necessary to make an inspection to enforce the provisions of this code, or when
the Town Manager, or any Code Enforcement Officer or peace officer has reasonable
cause to believe that there exists in a building or upon a premises a condition which is
contrary to or in violation of this code which makes the building or premises unsafe,
dangerous or hazardous, the Town Manager, or any Code Enforcement Officer or peace
officer may enter the building or premises at reasonable times to inspect or to perform the
duties imposed by this code, provided that if such building or premises be occupied that
credentials be presented to the occupant and entry requested. If such building or premises
be unoccupied, the Town Manager, or any Code Enforcement Officer or peace officer
shall first make a reasonable effort to locate the owner or other person having charge or
control of the building or premises and request entry,
(b) If entry is refused, the Town Manager, or any Code Enforcement Officer or peace officer
shall have recourse to secure entry by whatever judicial and administrative remedies are
available under this Code and applicable state laws, such as but not limited to an
administrative inspection warrant pursuant to the procedures set forth in California Civil
Procedure, Section 1822,50 et. seq" as it may be amended from time to time,
(c) Any person who willfully refuses to permit an inspection lawfully authorized by warrant
issued pursuant to California Civil Procedure, Section 1822.50 et. seq" is guilty of a
misdemeanor pursuant to California Civil Procedure, Section 1822,57,
Sec. 31-5 Procedure involving infractions and misdemeanors--GeneraI.
Except as otherwise provided by law, all provisions oflaw relating to misdemeanors shall apply
to infractions including, but not limited to, powers of peace officers, jurisdiction of courts, periods for
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commencing action and for bringing a case to trial and burden of proof.
Sec. 31-5.1 Same--Adoption by reference.
Except as provided in sections 31-5,2 to 31-5.4, the provisions of chapter 5C, title 3, part 2, of
the Penal Code of the state are hereby adopted and made a part of sections 31-5,2 to 31-5.4, as iffully
set forth,
Sec. 31-5.2
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(a)
(b)
(c)
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Same--Procedure upon arrest of persons for violation of Code or ordinance;
written promise of arrested person to appear. *
Whenever any person is arrested for an infraction or a misdemeanor for a violation
of any provisions of this Code or of any other Town ordinance and is not immediately
taken before a magistrate as'required or permitted by the Penal Code, the arresting officer
shall prepare in duplicate a written notice to appear in court containing the name and
address of such person, the offense charged, and the time and place where and when such
person shall appear in court,
The time specified in the notice to appear must be at least ten days after the arrest.
The place specified in the notice to appear shall be:
(1) Before a judge of the municipal court of the Central Judicial District, County of
Marin; or
(2) before an officer authorized by such court to receive a deposit of bail.
The officer shall deliver one copy of the notice to appear to the arrested person and the
arrested person, in order to secure release, must
(1) present his driver's license or other satisfactory evidence of his identity to the
peace officer, and
give his written promise to so appear in court by signing the duplicate notice which
shall be retained by the officer. Thereupon the arresting officer shall forthwith
release the person arrested from custody,
Pursuant to Penal Code Section 853.5, any person arrested for an infraction may be taken
into custody for refusing to sign a written promise, having no satisfactory identification,
(2)
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or refusing to provide a thumbprint or fingerprint. The thumbprint or fingerprint shall not
be used to create a data base, and shaIl only be required should the arrestee not have a
driver's license or other satisfactory identification.
(f) Any person arrested for a misdemeanor may be taken into custody pursuant to Penal Code
Section 853,6.
(g) The officer shall, as soon as practicable, file the duplicate notice with the magistrate
specified therein. Thereupon bail shall be set and the matter dealt with according to law.
'''Arresting officer" is defined in Section 31-1,1 as a peace officer and/or a Code Enforcement Officer,
Sec. 31-5.3 Same--violation of promise to appear
Any person who wilfully violates hiS 'written promise to appear or a lawfuIly granted continuance
oflus promise to appear in court is guilty of a misdemeanor, regardless of the disposition of the charge
upon which he was originally arrested and/or issued a criminal citation.
Sec. 31-5.4 Same--Failure to appear; warrant for arrest.
(a) When any person signs a written promise to appear at the time and place specified in
the written promise to appear before a magistrate, and has not posted bail to assure
his appearance, the magistrate shall issue and have delivered for execution a warrant
for his arrest within twenty (20) days after his failure to appear as promised or within
twenty (20) days after his failure to appear after a lawfully granted continuance of his
promise to appear.
(b) When a person signs a written promise to appear before an officer authorized to accept
bail other than a magistrate, and fails to do so on or before the date which he promised
to appear, then the magistrate shall issue and have delivered for execution a warrant for
his arrest within twenty (20) days after the delivery of such written promise to appear by
the officer to a magistrate having jurisdiction over the offense,
(c) When any such person violates his promise to appear before an officer authorized to
receive bail other than a magistrate, the officer shall immediately deliver to the magistrate
having jurisdiction over the offense charged, the written promise to appear and the
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complaint, if any, filed by the arresting officer.
Sec. 31-6 False arrest or imprisonment -- use of reasonable force. *
There shall be no civil liability on the part of and no cause of action shall arise against any person
acting pursuant to Section 31-3 and within the scope of his authority, for false arrest or false
imprisonment arising out of any lawful arrest or which the arresting officer at the time such arrest had
reasonable cause to believe was lawful. No such Code Enforcement Officer or peace officer shall be
deemed an aggressor or lose his right to self-defense by the use of reasonable force to effect the arrest
or to prevent escape or to overcome resistance,
'For state law limiting the civil liability of Peace Officers and Code Enforcement Officers for false arrest, false imprisonment,
and use of reasonable force see, Penal C, ~~ 836(a1' and 836,S(b),
Sec. 31-6.1 No civil liability against public employees. *
A public employee is not liable for injury caused by his instituting or prosecuting any judicial or
administrative proceeding within the scope of his employment, even if he acts maliciously and without
probable cause,
'For state law limiting civil liability of pub lie employees see, Gov, C, ~ 821,6,
Article III, Judicial Remedies.
Sec. 31-7 Criminal violations -- infractions and misdemeanors.
It shall be unlawful for any person to violate any provision or to fail to comply with any of the
requirements of this Code or of any other ordinance of the Town, At the discretion of the Town
Attorney, any violation may be charged and prosecuted as either an infraction or misdemeanor, except
where otherwise specifically provided,
Sec. 31-7.1 Same -- presumptively an infraction.
Any person violating any of the provisions or failing to comply with any of the mandatory
requirements of this Code, other than administrative provisions thereof, shall be guilty of an infraction,
unless the violation of such provision is designated as a misdemeanor, parking violation or administrative,
or at the Town Attorney's discretion under Sections 31-7 and 31-7.4.
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Sec. 31-7.2 Same -- penalty for Infraction Violations.*
Every violation determined to be an infraction under the provisions of this Code shall be
punishable by:
(a) A fine not exceeding one hundred dollars ($100) for a first violation;
(b) A fine not exceeding two hundred dollars ($200) for a second violation, of the same
provision of this Code or the same ordinance, within one year;
(c) A fine not exceeding five hundred dollars ($500) for each additional violation, of the same
provision of this Code or the same ordinance, within one year; and
(d) Any violation of the same provision of this Code or the same ordinance that is an
infraction, for the fourth time, within one year, shall be guilty of a misdemeanor.
(e) The Town Attorney has discretion to charge any person who has violated the same
provision of this Code or the same ordinance that is an infraction, for the fourth time,
within one year, with either an infraction (pursuant to (c) of this section) or a
misdemeanor (pursuant to (d) of this section),
'For state law authorizing Towns to impose infraction penalties, not exceeding those set forth above in 31-6.2(a)-(c), see Gov,
c" ~ 36900(b),
Sec. 31-7.3 Same -- penalty for misdemeanor violations.*
Every violation specifically designated as a misdemeanor or pursuant to 31-7,2(d) and (e) shall
by punishable by imprisonment in the Marin County Jail not exceeding six months, or by fine not
exceeding one thousand dollars ($1,000), or by both,
'For state law authorizing Towns to impose misdemeanor penalties see, Gov, C" ~ 36901,
Sec. 31-7,4
(a)
Same--Discretion of Town Attorney and judiciary to reduce charge. *
Any misdemeanor violation including, but not limited to the definition of section 31-7,2
of this chapter, is an infraction when:
(1) The Town Attorney files a complaint charging the offense as an infraction unless
the defendant, at the time he or she is arraigned, after being informed of his
rights, elects to have the case proceed as a misdemeanor, or;
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(2) The court, with the consent of the defendant, determines that the offense is
an infraction in which event the case shall proceed as if the defendant had been
arraigned on an infraction complaint.
(b) The Town Attorney shall maintain the discretion to waive any misdemeanor complaint and
enter into a mutual settlement with any defendant, after the defendant has been fully
informed of his rights. The settlement fine may not exceed the maximum fines for
infractions or misdemeanors as set forth in Sections 31-7,2 and 31-7.3, or as otherwise
provided by state law,
"For state law authorizing reduction of a misdemeanor to an infraction charge, see Gov, C" ~ 17(d),
Sec. 31-8 Civil actions -- injunctiait, civil penalties and administrative costs.
In addition to all other remedies, the Town may bring a civil action to enforce the provisions of
this Code, in which a court may impose the following remedies:
(a) An injunction;
(b) Civil penalties in an amount not to exceed One Thousand Dollars ($1,000.00) per
violation for each day, payable to the Town, against any person who commits, continues,
operates, allows or maintains any violation of any provision of this Code;
(c) Reimbursement of Town administrative and abatement costs, including but not limited
to investigative costs incurred in the enforcement of the provisions of this Code; and
(d) Award of attorneys' fees, where the Town has elected at the initiation of the action to
seek the recovery of such fees. in which case the prevailing party in such action shall
be entitled to an award of attorneys' fees in an amount which shall not exceed the
reasonable attorneys' fees incurred by the Town.
Sec. 31-9 Same -- judicial abatement,
Pursuant to California Government Code Section 38773, the Town has authority to judicially
abate public nuisances by filing criminal or civil actions. The Town also has authority under state law
to make the expense of nuisance abatement a special assessment, or a lien against the property on which
it is maintained and a personal obligation against the record property owner, in accordance with
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I California Government Code Section 38773,1 or 38773.5,
2 Sec. 31-10 Same -- treble damages for subsequent abatement judgments.
3 Pursuant to Government Code Section 38773.7, upon the entry ofa second or subsequent civil
4 or criminal judgment within a two-year period that finds a record property owner responsible for a
5 condition that may be abated in accordance with Government Code Section 38773.5, a court may order
6 the owner to pay treble the costs of abatement. The costs shall not include conditions abated pursuant
7 to Health and Safety Code Section 17980,
8
9 Article IV. Administrative Citations.
10 Sec.31-11 Administrative citations-~- scope,
II Article IV of this chapter provides for administrative citations which are in addition to all other
12 legal remedies, criminal or civil. which may be pursued by the Town to address any violation of this Code
13 or other public nuisances.
14 The purpose and intent of this article is to effectively enforce this Code and/or other public
IS nuisances from violations and/or nuisances committed by a discreet first time offender.
16 Sec.31-12 Certain violations deemed enforceable by administrative citations.
17 (a) Certain violations of this Code, as set forth by resolution, shall be deemed enforceable by
18 administrative citations,
19 (b) The T own Clerk shall maintain a current list of the violations of the Code which are set
20 forth under Section 31-12(a),
21 (c) The Town Attorney maintains the right to pursue any Code violation, including those set
22 forth under Section 31-12(a), with all other legal remedies, criminal or civil or as required
23 by law,
24 Sec. 31-13 Administrative citation and pre-citation notice.
25 (a) Whenever a Code Enforcement Officer determines that a violation of this Code subject
26 to Section 31-12 occurred, the Code Enforcement Officer shall have the authority to issue
27 an administrative citation to any person responsible for the violation, subject to the
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limitations contained in Subsection (c) hereafter.
(b) Each administrative citation shall contain the following information:
(I) The date of the violation;
(2) The address or a definite description ofthe location where the violation occurred;
(3) The section of this Code violated and a description of the violation;
(4) The amount of the fine for the Code violation;
(5) A description of the fine payment process, including a description of the time
within which and the place to which the fine shall be paid;
(6) An order prohibiting the continuation or repeated occurrence of the Code violation
described in the administrative citation;
(7) The name and signature of the citing Code Enforcement Officer,
(c) Prior to issuing an administrative citation for a continuing violation of this Code pertaining
to building, plumbing. electrical, or other similar structural or zoning issues, that do not
create an immediate danger to health or safety, the Code Enforcement Officer shall serve
a pre-citation notice on the person responsible for the violation containing the following
information:
(1) The date the violation was observed;
(2) The address or a description of the location where the violation was observed;
(3) The section of this Code violated and a description of the violation;
(4) The compliance date by which the violation shall be corrected or otherwise
remedied, which shall be no less than fifteen (15) days and no more than sixty (60)
days from the date the pre-citation notice is given, as determined to be reasonable
by the Code Enforcement Officer;
(5) A statement that if the violation is not corrected by the specified compliance ,
date, that an administrative citation will be issued which imposes a fine, for the
amount of which will be specified; and
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1 (6) The name, signature and department of the Code Enforcement Officer issuing the
2 pre-citation notice,
3 Sec. 31-14 Amount of fines.
4 (a) The amounts of the fines for Code violations imposed pursuant to this chapter shall
5 be set forth in the schedule of fines established by resolution of the Town Council. If no
6 fine is established by resolution for a particular infraction, the fine for that resolution shall
7 be as set forth in the then-current Bail and Penalty Schedule published by Marin County
8 Courts pursuant to California Rule of Court 850,
9 (b) The schedule of fines shall specifY any increased fines for repeat violation of the same
10 Code provision by the sathe person within thirty-six (36) months from the date of an
II administrative citation,
12 (c) The schedule of fines shall specifY the amount of any late payment charges imposed
13 for the payment of a fine after its due date,
14 Sec. 31-15 Payment of the fine.
15 (a) The fine shall be paid to the Town within thirty (30) days from the date of the
16 administrative citation,
17 (b) Any administrative citation fine paid pursuant to subsection (a) shall by refunded in
18 accordance with Section 31-20( d) if it is determined, after a hearing, that the person
19 charged in the administrative citation was not responsible for the violation or that there
20 was no violation as charged in the administrative citation,
21 (c) Payment of a fine under this chapter shall not excuse or discharge any continuation or
22 repeated occurrence of the Code violation that is the subject of the administrative citation,
23 Sec. 31-16 Hearing request.
24 (a) Any recipient of an administrative citation may contest that there was a violation of
25 the Code or that he or she is the responsible party by completing a request for hearing
26 form and returning it to the Town within thirty (30) days from the date of the
27 administrative citation, together with an advance deposit of the fine or notice that a
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1 request for an advance deposit hardship waiver has been filed pursuant to Section 31-17.
2 (b) A request for hearing form may be obtained from the department specified on the
3 administrative citation,
4 ( c) The person requesting the hearing shall be notified of the time and place set for the
5 hearing at least ten (10) days prior to the date of the hearing,
6 (d) If the Code Enforcement Officer submits an additional written report concerning the
7 administrative citation to the hearing officer for consideration at the hearing, then a
8 copy of this report also shall be served on the person requesting the hearing at least five
9 (5) days prior to the date of the hearing,
10 Sec. 31-17 Advance deposit hardsltiJ> waiver.
11 (a) Any person who intends to request a hearing to contest that there was a violation of the
12 Code or that he is the responsible party and who is financially unable to make the advance
13 deposit of the fine as required in Section 31-16(a) may file a request for an advance
14 deposit hardship waiver.
15 (b) The request shall be in writing and shall explain, under penalty of peIjury, the advance
16 deposit requirement will impose an undue financial burden, The request shall be filed with
17 the Town Clerk, together with any supporting documents, within ten (10) days of the date
18 of the administrative citation,
19 (c) The requirement of depositing the full amount of the fine as described in Section 31-16(a)
20 shall be stayed unless or until the Town Manager or his designee makes a decision not to
21 issue the advance deposit hardship waiver.
22 (d) The Town Manager or his designee may, in their discretion, waive in whole or in part the
23 requirement of an advance deposit set forth in Section 31-16 and issue an advance deposit
24 hardship waiver if the cited party, demonstrates to the satisfaction of the Town Manager
25 or his designee the person's actual financial inability to deposit with the Town the full
26 amount of the fine in advance of the hearing,
27 (e) If the Town Manager or his designee decides not to issue an advance deposit hardship
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I waiver, the person shall remit the deposit to the Town within ten (10) days of the day of
2 the decision or thirty (30) days from the date of the administrative citation, whichever is
3 later,
4 Sec. 31-18 Hearing officer.
5 The Town Manager shall designate the hearing officer for the administrative citation hearing. In
6 the event that the hearing involves the application and interpretation of the Town's Building Code, the
7 hearing officer shall posess the qualifications required under Section 105,1 of the Uniform Building Code
8 (1994 ed.),
9 Sec. 31-19
10 (a)
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Hearing procedure.
No hearing to contest an adlninistrative citation before a hearing officer is required or shall
be valid unless the fine has been deposited in advance in accordance with Section 31-16
or an advance deposit hardship waiver has been issued in accordance with Section 31-17.
(b)
A hearing before the hearing officer shall be set by the town clerk for a date that is not
less than fifteen (15) days and not more than sixty (60) days from the date that the request
for hearing is filed in accordance with the provisions this article.
At the hearing, the party contesting the administrative citation shall be given the
opportunity to testify and to present evidence concerning the administrative citation.
The failure of any recipient of an administrative citation to appear at the administrative
citation hearing shall constitute a forfeiture of the fine and a failure to exhaust their
administrative remedies,
(c)
(d)
(e)
The administrative citation and any additional report submitted by the Code Enforcement
Officer shall constitute prima facie evidence of the respective facts contained in those
documents,
(f)
The hearing officer may continue the hearing for good cause, and request additional
information from the Code Enforcement Officer or the recipient of the administrative
citation prior to issuing a written decision, provided that the hearing shall not be continued
for more than fifteen (15) days,
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Sec. 31-20
(a)
Hearing officer's decision,
After considering all of the testimony and evidence submitted at the hearing, and within
fifteen (15) days after the conclusion of the hearing, the hearing officer shall issue a
written decision to uphold or cancel the administrative citation and shall list in the
decision the reasons for that decision, The decision of the hearing officer shall be
supported by substantial evidence and shall be final.
If the hearing officer determines that the administrative citation should be upheld, then the
fine amount on deposit with the Town shall be retained by the Town.
If the hearing officer determines that the administrative citation should be upheld and the
fine has not been deposited'pursuant to an advance deposit hardship waiver, the hearing
officer shall set forth in the decision a payment schedule for the fine, which shall not
extend more than one hundred and eighty (180) days from the date of the decision,
If the hearing officer determines that the administrative citation should be canceled
and the fine was deposited with the Town, then the Town shall promptly refund the
amount of the deposited fine, together with interest at the average rate earned on the
Town's portfolio for the period of time that the fine amount was held by the Town.
The recipient of the administrative citation shall be served with a copy of the hearing
officer's written decision,
The employment, performance evaluation, compensation and benefits of the hearing
officer shall not be directly or indirectly conditioned upon the amount of administrative
citation fines upheld by the hearing officer.
Sec. 31-21 Late payment charges.
Any person who fails to pay to the Town any fine imposed, pursuant to the provisions of this
article, on or before the date that fine is due also shall be liable for the payment of any applicable late
payment charges set forth in the schedule of fines,
Sec. 31-22 Recovery of administrative citation fines and costs.
The Town may collect any past due administrative citation fine or late payment charge by use of
(b)
(c)
(d)
(e)
(t)
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all available legal means, including but not limited to procedures set forth in Section 31-42 (code
enforcement assessment lien; tax collection) of Title V where the violation involves real property, The
Town also may recover its collection costs pursuant to Section 1-10.
Sec. 31-23 Right to judicial review.
Any person aggrieved by an administrative decision of a hearing officer on an administrative
citation may obtain review ofthe administrative decision by filing a Notice of Appeal with the Municipal
Courts of Marin County in accordance with the timelines and provisions set forth in Government Code
Section 53069.4,
Sec. 31-24 Notices,
(a) The Administrative Citation, Pre-Citation Notice, Administrative Hearing Officer
Decision. and all notices required to be given by this article shall be provided to the
responsible party in accordance with the provisions of Section 1-7 of this Code.
(b) Failure to receive any notice specified in this article does not affect the validity of
proceedings conducted thereunder.
Article V, Administrative Remedies; Abatement; Code Enforcement Assessment Lien.
Sec. 31-25 Applicability.
(a) This article provides for administrative remedies, which are in addition to all other
legal remedies, criminal or civil, which may be pursued by the Town to address any
violation of this Code or other public nuisances,
(b) The purpose and intent ofthis article is to effectively enforce this Code and/or other public
nuisance from violations and/or nuisances committed by continuing offenders,
( c) Use of this chapter shall be at the sole discretion of the Town,
(d) F or the purposes of this Article, the Code Enforcement Officer shall be the Building
Official.
Sec. 31-26
(a)
Notice and compliance order,
Whenever a Code Enforcement Officer determines that a violation of this Code or any
other public nuisance, is occurring or exists, the officer may issue a written notice and
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compliance order to the person or persons responsible for the Code violation or other
public nuisance,
A notice and compliance order issued pursuant to this article shall contain the following
information:
(1) The date and location of the Code violation or public nuisance.
(2) The section and description of the Code violation or public nuisance,
(3) The action required to correct the Code violation or abate the public nuisance, and
the date by which compliance shall be achieved,
(4) A statement that if compliance is not achieved by the compliance date, that
administrative civilpenalties and administrative costs, as well as the costs of
actual abatement by the Town, may be imposed on the responsible person and/or
record property owner, and collected judicially, or by special assessment or tax
collection, as provided in the article,
(5) Either a copy of this article, or an explanation of the consequences of
noncompliance with this article and a description of the hearing procedure and
appeal process,
Method of service for the notice and compliance order.
(a) The notice and compliance order and any other notices required by this article shall
be served as provided in Section 1-7 of this Code,
(b) Where real property is involved, the notice and compliance order shall be mailed to
the record property owner at the address as shown on the last equalized county
assessment roll,
(c) Where personal service or service by mail upon the record property owner is unsuccessful,
a copy of the notice and compliance order shall be conspicuously posted at the property
which is the subject of the compliance order.
(d) The failure of any person to receive any notice required under this article shall not affect
the validity of any proceedings taken under this article.
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Sec. 31-28 Compliance with notice and compliance order.
If the Code Enforcement Officer determines that all violations have been corrected or the public
nuisance eliminated within the time specified in the notice and compliance order, no further action shall
be taken.
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Sec. 31-29
(a)
II Sec. 31-30
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(b)
(c)
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(b)
Non-compliance with notice and compliance order; hearing.
If the Code Enforcement Officer determines that full compliance has not been achieved
by the compliance date specified in the notice and compliance order, the officer may
schedule a hearing before an Administrative Hearing Officer,
A written notice of hearing shall be served on the responsible person and, where real
property is involved, on the record property owner, as provided in Section 31-27.
Notice of hearing.
Every notice of hearing on a notice and compliance order shall contain the date, time, and
place at which the hearing shall be conducted by the Administrative Hearing Officer.
(1) The notice of hearing shall state that the purpose of the hearing will be
detennination on the existence of the Code violations and/or other public nuisance
described in the notice and compliance order, on the compliance with the notice
and compliance order, on the notice of summary abatement, and on the adoption
of an administrative order, including imposition of civil penalties and administrative
costs pursuant to the article,
(2) The notice and compliance order shall be attached to the notice of hearing,
The hearing shall be set for a date not less than fifteen (15) days nor more than sixty
(60) days from the date of service of the notice or hearing unless the code enforcement
officer determines that the matter is urgent or that good cause exists for an extension
of time,
This hearing serves the full opportunity of a person subject to a notice and compliance
order to object to the determination that a Code violation has occurred and/or that the
violation has continued to exist or that a public nuisances exists, If any person subject
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Sec. 31-31
(a)
(b)
(c)
(d)
(e)
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to a notice and compliance order, pursuant to this article, fails to appear at this hearing,
such non-appearance shall constitute a failure to exhaust administrative remedies.
Hearings -- findings, decision, and administrative order.
At the place and time set forth in the notice of hearing, the Administrative Hearing Officer
shall conduct a hearing concerning the Code violation, and/or other public nuisance
described in the notice and compliance order issued pursuant to Section 31-26 or the
notice of summary abatement pursuant to Section 31-41,
The Administrative Hearing Officer shall consider any written or oral evidence, regarding
the violation and/or public nuisance described in the notice and compliance order, and
compliance therewith, by the responsible person and/or by the record property owner.
Within thirty (30) days following the conclusion of the hearing, the Administrative Hearing
Officer shall issue a written decision containing factual findings and determinations
referenced by supporting evidence, regarding:
(1) The existence of each Code violation and/or public nuisance described in the
notice and compliance order,
(2) The failure of the responsible person and/or record property owner to take
corrective action within the time period required in the notice and compliance
order,
If the Administrative Hearing Officer finds by a preponderance of the evidence that a
Code violation and/or other public nuisance has occurred, and that the Code violation
and/or other public nuisance was not corrected within the time period specified in the
notice and compliance order, the Administrative Hearing Officer's decision shall include
an administrative order as specified in Section 31-32,
If the Administrative Hearing Officer finds by a preponderance of the evidence that a Code
violation and/or other public nuisance occurred that required summary abatement, the
Administrative Hearing Officer's decision shall include an administrative order as specified
in Section 31-32,
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(f) If the Administrative Hearing Officer finds that no Code violation and/or other public
nuisance has occurred or that the Code violation and/or other public nuisance was
corrected within the time period specified in the notice and compliance order, the
Administrative Hearing Officer shall issue a finding of those facts.
(g) The Administrative Hearing Officer shall submit the decision to the Town Clerk, and serve
a copy on the responsible party and/or record property owner, The decision is final upon
the date it is mailed by first-class mail, postage prepaid, including a copy of the affidavit
or certificate of mailing, to the responsible person and/or record property owner as
provided in Code of Civil Procedure Section 1094,6(b)
(h) The Administrative Hearing Officer's decision shall include a notice to the responsible
party and/or record property owner that the decision (and administrative order if
applicable) is subject to judicial review according to the provision and the time limits
set forth in Code of Civil Procedure Section 1094.6,
Sec. 31-32 Administrative order.
If the Administrative Hearing Officer determines that a Code violation and/or other public
nuisance occurred which was not corrected within the time period specified in the notice and compliance
order, the Administrative Hearing Officer's decision shall include an administrative order which imposes
any or all of the following:
(a) An order to correct or abate, including a compliance date for completion if compliance
has not been achieved by the date of the hearing;
(b) An order authorizing the Code Enforcement Officer to correct or abate, by use of Town
employees or a Town contractor, and to enter upon the private property where such
Code violation and/or other public nuisance exists, for purposes of correcting and abating
same, if the responsible person and/or record property owner fails to do so by the
compliance date;
(c) Administrative civil penalties as provided in Section 31-33,
(d) Administrative costs as provided in Section 31-34,
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Sec. 31-33
(a)
(b)
(c)
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Administrative civil penalties.'
The Administrative Hearing Officer may impose administrative civil penalties for the
violation of any provision of this Code, or the existence of a public nuisance, in an
amount not to exceed a maximum of One Thousand Dollars ($1,000.00) per day for
each ongoing Code violation, or other public nuisance, except that the total administrative
penalty shall not exceed One Hundred Thousand Dollars ($100,000.00), exclusive of
administrative costs, interest and restitution for compliance re-inspections, for any related
series of Code violations or conditions constituting a public nuisance,
In determining the amount of the administrative penalty, the administrative hearing
officer may take any or all 'of the following factors into consideration:
(1) The duration of the Code violation and/or other public nuisance;
(2) The frequency, recurrence and number of Code violations and/or other public
nuisance conditions related or unrelated, by the same responsible person and/or
record property holder;
(3) The seriousness of the violation;
(4) The good faith efforts of the responsible person and/or record property owner
to come into compliance;
(5) The economic impact of the penalty on the responsible party and/or record
property holder;
(6) The impact of the Code violation and/or other public nuisance on the community
and/or general public;
(7) Such other factors as justice may require,
Administrative civil penalties imposed by the Administrative Hearing Officer shall accrue
from the date specified in the notice and compliance order and shall cease to accrue
on the date the violation and/or other public nuisance is corrected as determined by
the Code Enforcement Officer or the Administrative Hearing Officer.
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(d) The Administrative Hearing Officer may suspend the imposition of applicable
administrative civil penalties for any period of time during which:
(1) The responsible party and/or record property owner has filed for necessary
permits;
(2) Such permits are required to achieve compliance; and
(3) Such permit applications are actively pending before the Town, state or other
appropriate governmental agency,
(e) Administrative civil penalties assessed by the Administrative Hearing Officer shall be
due by the date specified in the administrative order, which shall be no later than ninety
(90) days from the date of-such administrative order.
(f) Administrative civil penalties assessed by the Administrative Hearing Officer are a debt
owed to the Town and, in addition to all other means of enforcement, if the Code violation
and/or other public nuisance is located on real property, the penalty may be enforced by
means of a lien against the real property on which the violation and/or other public
nuisance occurred,
(g) If the Code violation and/or other public nuisance is not corrected as specified in the
Administrative Hearing Officer's administrative order, administrative penalties shall
continue to accrue on a daily basis until the violation and/or other public nuisance is
corrected, subject to the maximum amount set forth in Section 31-33(a),
(h) If the violator gives written notice to the Code Enforcement Officer that the violation
has been corrected and if the Code Enforcement Officer finds that compliance has been
achieved, the Code Enforcement Officer shall deem the date the written notice was
postmarked or personally delivered to the Code Enforcement Officer or the date of the
final inspection, whichever first occurred, to be the date the violation was corrected,
If no written notice is provided to the Code Enforcement Officer, the violation and/or
other public nuisance will be deemed corrected on the date of the final inspection,
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.For state law authorizing Towns to impose civil [mes and penalties, not exceeding One Thousand Dollars ($1,000,00) per
violation, set forth in 31-33(a), see Gov, C. ~ 36901.
Administrative costs.
Sec. 31-34
(a)
The Administrative Hearing Officer shall assess administrative costs against the
responsible person and/or record property owner when such officer finds that a violation
and/or other public nuisance has occurred and that compliance has not been achieved by
the compliance date specified in the notice and compliance order,
The administrative costs may include any and all costs incurred by the Town in connection
with the matter before the Administrative Hearing Officer including, but not limited to,
the costs for the Administrative Hearing Officer's services, costs of investigation, staffing
costs incurred in preparation for the hearing and for the hearing itself, costs for all re-
inspections necessary to enforce the notice and compliance order, and the costs of actual
abatement if undertaken by the Town,
Administrative costs assessed by the Administrative Hearing Officer shall be due by the
date specified in the administrative order, which shall be no later than ninety (90) days
from the date of such administrative order,
Sec. 31-35 Supplemental hearing, decision and administrative order.
Following issuance of an Administrative Hearing Officer's decision and administrative order, the
Code Enforcement Officer may schedule a supplemental hearing before the same or another
Administrative Hearing Officer, for the purpose of obtaining a supplemental decision and administrative
order, which may include the confirmation or imposition of administrative civil penalties or administrative
costs applicable to continuation of the Code violation and/or other public nuisance following the date of
the original hearing with respect to a notice and compliance order, The supplemental hearing date, notice
of supplemental hearing, supplemental hearing procedures, and the contents, submission, and service of
the supplemental decision and administrative order shall be consistent with the provision of Sections 31-
27,31-29.31-30,31-31,31-32,31-33,31-34,
(b)
(c)
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Sec. 31-36 Failure to comply with administrative order.
Failure to pay the assessed administrative penalties and administrative costs specified in the
administrative order of the Administrative Hearing Officer may be enforced as:
(a) A personal obligation of the violator; and/or
(b) If the violation is in connection with real property, a code enforcement assessment lien
upon the real property. The code enforcement assessment lien shall remain in effect
until all of the administrative civil penalties, interest and administrative costs are paid
in fulL
Sec. 31-37 Right of judicial review.
Any decision and administrative eider or supplemental decision and administrative order of an
Administrative Hearing Officer shall be subject to judicial review in the Marin County Courts by filing
with the court a petition for writ of mandate pursuant to the provision and time limits set in the Code of
Civil Procedure Section 1094,6,
Sec. 31-38 Recovery of administrative civil penalties and administrative costs.
The Town may collect the assessed administrative civil penalties and administrative costs by use
of all available means, including but not exclusive to the code enforcement assessment lien as provided
in Section 31-42 or by civil action in which the Town may recover its reasonable attorneys' fees as
provided in Section 1-10,
Sec. 31-39 Report or compliance after administrative order.
If the Code Enforcement Officer determines that compliance has been achieved after a compliance
order has been sustained by the Administrative Hearing Officer, the Code Enforcement Officer shall file
a report to the Town department of proper jurisdiction and to the Administrative Hearing Officer,
indicating that compliance has been achieved,
Sec. 31-40 Compliance dispute,
(a) If the Code Enforcement Officer does not file a report pursuant to Section 31-39 above,
a violator who believes that compliance has been achieved may request a compliance
hearing before the Administrative Hearing Officer by filing a request for a hearing with
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(b)
(c)
Sec. 31-41
(a)
(b)
(c)
(d)
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the Town Clerk,
The hearing shall be noticed and conducted in the same manner as a hearing on a notice
and compliance order provided in Sections 31-30 through 31-31 of this article.
The Administrative Hearing Officer shall determine if compliance has been achieved and,
if so, when it was achieved,
Summary abatement.
Notwithstanding any of the provisions of this article, a public nuisance which is an
emergency and which., if unabated, constitutes a threat to the public safety, health and lor
welfare may be summarily abated upon the determination of the Town Manager or his
designee that such nuisance 'exists and does, in fact, constitute a threat to the public safety,
health and welfare, Such determination of the above public nuisance shall not be subject
to the procedures set forth in sections 31-26 and 31-31 of this Code,
Upon such determination, the Town Manager or his designee may enter upon private
property for the purpose of abating the public nuisance, Should it be practicable to sell
or salvage any material procured from such abatement, it may be sold at public or private
sale at the best price obtainable, and an itemized account ofthe proceeds shall be
maintained by the Town Manager. Such proceeds, if any shall be deposited in a general
fund of the Town and shall be credited against the cost of abatement as provided for in
this article,
The Town Manager or his designee shall calculate the cost of summary abatement,
including but not exclusive to, costs of inspection and the costs of actual summary
abatement undertaken by the Town,
The Town Manager shall submit the outstanding balance of summary abatement costs to
the Town Clerk, The Town Clerk shall serve a notice of summary abatement upon the
responsible party and/or record property owner as provided in Code of Civil Procedure
Section 1094,6(b), The notice of summary abatement shall contain the following
information:
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(1) The date and location of the public nuisance summarily abated,
(2) The section and description of the public nuisance summarily abated,
(3) The action taken by the Town to summarily abate the public nuisance.
(4) A statement that summary abatement costs are being imposed on the responsible
person and/or record property owner, that the summary abatement costs are due
within thirty (30) days from the date of service of the notice of summary
abatement, and that the summary abatement costs may be collected judicially, or
by special assessment or tax collection, as provided by this article.
(5) Either a copy of this article, or an explanation that the responsible person and/or
record property owner may contest the existence of the public nuisance and/or that
the costs of summary abatement are unreasonable, by filing a request with the
Town Clerk within ten (10) days from the date of service of the notice of summary
abatement, for an administrative hearing before an Administrative Hearing Officer
( e) Method of service of the notice of hearing, the notice of hearing and the administrative
hearing shall be in accordance with Sections 31-27, 31-30, 31-31,
(f) If the Administrative Hearing Officer detennines that a Code violation and/or other public
nuisance occurred which justified summary abatement, the Administrative Hearing
Officer's decision shall include an administrative order which imposes any or all of the
following:
(1) Summary abatement costs as provided in this Section,
(2) Administrative civil penalties as provided in Section 31-33,
(3) Administrative costs as provided in Section 31-34,
(g) The Code Enforcement Officer may request a supplemental hearing, decision and
administrative order as provided in Section 31-35.
(h) Any failure to comply with the administrative order may be enforced as provided by
Section 31-36,
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(i)
(j)
Sec. 31-42
(a)
(b)
(c)
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The administrative order or supplemental decision and administrative order are subject
to judicial review as provided by Section 31-37.
Recovery of the summary abatement costs, administrative civil penalties and administrative
costs may recovered as provided in Section 31-38.
Code enforcement assessment lien; tax collection. *
Whenever any administrative civil penalties and/or administrative costs imposed in an
Administrative Hearing Officer's decision and administrative order or supplemental
decision and administrative order have not been paid in full when due, and a timely writ
of mandate has not been filed or has been filed but not been successful, the amounts owing
may constitute a code enforcement assessment lien and special assessment against the real
property on which the code violations and/or other public nuisance occurred,
Whenever any past due administrative citation fine and/or late payment charge of an
administrative citation fine, pursuant to Article IV, have not been paid in full when due,
and a timely writ of mandate has not been filed or has been filed but not been successful,
the amounts owing may constitute a code enforcement assessment lien and special
assessment against the real property on which the code violations or other public nuisance
occurred,
The Town Clerk may cause to be recorded in the County Recorder's Office a notice
of code enforcement assessment lien against the subject real property. Such notice
of code enforcement assessment lien shall specifY the amount of the lien, the name of
the Town of Tiburon on whose behalf the lien is imposed, the street address, legal
description, and assessor's parcel number of the property on which the lien is imposed,
the name and address of the record property owner, and the date of the Administrative
Hearing Officer's decision and administrative order to which the lien relates, Upon
recordation of such code enforcement assessment lien, it shall attach as a lien against
such real property, and shall have the same effect and priority as recordation of an
abstract of judgment.
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(d) In addition to the foregoing, the Town Clerk may file a certified copy of the notice of
code enforcement assessment lien in the Office of the County Treasurer-Tax Collector,
whereupon it shall be the duty of the County Treasurer-Tax collector to add the unpaid
amount as a special assessment to the next regular tax bills levied against the property for
municipal purposes. Thereafter the amounts shall be collected at the same time and in the
same manner as ordinary municipal taxes are collected, and shall be subject to the same
penalties and the same procedure under foreclosure and sale in case of delinquency as
provided for ordinary municipal taxes.
(e) A notice of assessment lien shall be issued to the property owner and shall include notice
by certified mail, to the property owner, if the property owner's identity can be determined
from the county assessor's or county recorder's records. The notice of assessment lien
shall be given at the time of imposing the assessment and shall specifY that the property
may be sold after three years by the tax collector for unpaid delinquent assessments, The
tax collector's power of sale shall not be affected by the failure of the property owner to
receive notice,
(f) Upon receiving a report from the Director of Finance that payment in full has been
received by the Town of the amount specified in the notice of code enforcement
assessment lien, the Town Clerk shall either record a notice of satisfaction of the code
enforcement assessment lien with the County Recorder, and file a certified copy of same
with the County Treasurer-Tax Collector, or provide the property owner or financial
institution with a notice of satisfaction so that they may record it with the Office of County
Recorder and file it with the County Treasurer-Tax Collector, Recordation of such notice
of satisfaction shall cancel the Town's code enforcement assessment lien and assessment
against the property,
"For state law authOlizing towns to impose code enforcement assessment liens, see Gov, C. ~~ 38773.5 and 53069.4(d),
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1 SECTION 9. SEVERABILITY,
2 If any section, subsection, clause, sentence, or phrase ofthis Ordinance is for any reason held to
3 be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such decision shall not
4 affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon
5 hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or
6 phrase thereot; irrespective of the fact that anyone or more sections, subsections, sentences, clauses, or
7 phrases may be declared invalid or unconstitutional.
8
9 SECTION 10, EFFECTIVE DATE.
10 This Ordinance shall take effect .and be in force thirty (30) days after the date of passage.
11 Pursuant to the provisions of Government Code Section 36933, a summary of this ordinance shall be
12 prepared by the Town Attorney. At least five (5) days prior to the Council meeting at which adoption
I3 of the ordinance is scheduled, the Town Clerk shall (1) publish the summary, and (2) post in the office
14 of the Town Clerk a certified copy of this ordinance, Within fifteen (15) days after adoption of this
15 ordinance, the Town Clerk shall (1) publish the summary, and (2) post in the office of the Town Clerk
16 a certified copy of the full text of the ordinance along with the names of those Council members voting
17 for and against the ordinance,
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TO:
TOWN COUNCIL STAFF REPORT
FROM:
TOWN COUNCIL
SCOTT ANDERSON, ~
PLANNING DIRECTOR
MEETING DATE: 7/15/98
ITEM NO.:
SUBJECT: 4905 RANCH ROAD: Pre zoning of approximately .41 acres of
territory for annexation into the Town of Tiburon. File
R98-01.
BACKGROUND
Address:
Assessor Parcel:
File Number:
General Plan:
Lot Size:
Current Use:
Countywide Plan:
County Zoning:
Owner:
Applicant:
Date Complete:
Permit Streamlining
4905 Ranch Road
38-052-07
R98-01
M (Medium Density Resid.) up to 3.0 du/ac.
Approx. 12-;500 sq. ft.
single family residential
SF-5 (2-4 units/acre)
RSP 4.3-BFC (Residential Single Family Planned
Zone with Bayfront Conservation overlay)
John & Jean Duckett
Town of Tiburon-initiated
N/A
Act Deadline: NIA
The property proposed for pre zoning is an approximately 0.29 acre
lot located on Ranch Road. In addition, a 0.13 acre portion of
Ranch Road would be included, as this serves as the public street
frontage for the lot. The lot is within an interior block bounded
by Paradise Drive and Ranch Road. Adjacent properties within the
Town of Tiburon corporate limits are all zoned RO-2.
The subject property is in the process of abandoning its septic
system and connecting to the public sewer system operated by
Sanitary District No.2. The Marin Local Agency Formation
Commission (LAFCO) approved annexation to the sanitary district and
the Town of Tiburon on July 2, 1998. The Town has been designated
the "conducting authority" by LAFCO, so the actual annexation matter
will come before the Town Council in August.
ANALYSIS
Prezoning and annexation of this property is consistent with
applicable General Plan policies. General Plan policy LU-6, which
addresses annexation of the Paradise Cay and vicinity, states:
TIBURON TOWN COUNCIL
STAFF REPORT
I
7/15/98
"Annexation of property in this sub-area should be based
on resident/property owner interest, cost/revenue
implications of specific annexation requests, and
provision of Town services to the property. Total
annexation of property in this sub-area is not
anticipated to occur prior to 1995. At such time as
annexation of property in this area is imminent, the Town
should pre-zone the property consistent with this General
Plan."
since prezoning must be consistent with General Plan densities,
there are on1y two zoning designations which could be considered
for this property. The RO-2 zone has a minimum square footage of
20,000 square feet and is much better suited to this lot than the
RO-1 zone, which has a minimum lot size of 40,000 square feet.
staff recommends that the property be zoned RO-2, the same as
adjacent properties which are already within the Town limits. The
recommended zoning would require that any further development of
the property be done in conformance with the development standards
of the Town of Tiburon's RO-2 zone.
PLANNING COMMISSION REVIEW
On July 8,
the matter
RO-2 zone.
1998, the Planning commission held a public hearing on
and voted to recommend prezoning of the property to the
The Commission's resolution is attached as Exhibit 2.
ENVIRONMENTAL STATUS
This prezoning is categorically exempt from CEQA under section
15319 of the Act, which exempts the annexations of small parcels of
the minimum size for the construction of exempt facilities.
STAFF RECOMMENDATION
A draft ordinance (Exhibit 3) has been prepared for the Council's
review, proposing prezoning of the territory to the RO-2 zone.
The Town Council should:
a. Hold a public hearing on the matter.
b. Move to read the ordinance by title only.
c, Hold a roll call vote on First Reading of the Ordinance.
EXHIBITS
1. Vicinity Map.
2. Planning commission Resolution.
3. Draft Ordinance.
\scott\490Sranc.tc
TlBURON TOWN COUNCIL
STAFF REPORT
7/15/98
2
Portion of Tiburon Zoning Map
: MADERA
,
,
Subject ar a
,
--
E;{T'EBIT No.L_
RESOLUTION NO. 98-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON
RECOMMENDING THE PREZONING OF PROPERTY AT 4905 RANCH ROAD
TO THE RO-2 ZONING DISTRICT
ASSESSOR PARCEL 38-052-07
WHEREAS, the Planning commission of the Town of Tiburon does
resolve as follows:
section ~ Findinas.
A. The Planning Commission has considered a Town-initiated
application to prezone approximately .41 acres in the
Tiburon Planning Area to the RO-2 zone. The property is
Marin County Assessor's Parcel No. 38-052-07 and a small
portion of the public street "Ranch Road" which serves as
frontage to the lot.
B. The Planning Staff has recommended that the property be
prezoned to RO-2.
C. The Planning Commission held a duly noticed public hearing
on the prezoning request on July 8, 1998.
D. The Planning commission has found that the recommended RO-2
prezoning is consistent with the Tiburon General Plan and
the Tiburon Zoning Ordinance.
H. The Planning Commission finds that the project is
categorically exempt from the requirements of CEQA per
Section 15319 of the CEQA Guidelines.
Section ~ Aooroval.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission
of the Town of Tiburon does hereby recommend that the Town
Council approve the prezoning of the property described on
Exhibits "A" and "B", to the RO-2 Zoning District.
Tiburon Planning Commission
Resolution No. 98-14
7/8/98
1
EXHIBIT NO. 02
PASSED AND ADOPTED at a regular meeting of the Planning
Commission on July 8, 1998, by the following vote:
AYES:
COMMISSIONERS: Berger, Knoble, Slavitz & stein
NOES:
COMMISSIONERS: None
ABSENT:
COMMISSIONERS: Klairmont
Miles Berger, Vice-Chairman
Tiburon Planning Commission
fldL flL~~/
SCOTT ANDERSON, SECRETARY
98-149c.res
Tiburon Planning Commission
Resolution No, 98-14
7/8198
2
EXHIBIT "A"
April 22, 1998
RA.:-iCH ROAD REORGANIZATION NO, 3
TO
TOWN OF TIBURON & SANITARY DISTRICT NO. 2
MAPPING NO. 7/98
Description to Town of Tiburon
BEGINNING at a point on the existing boundary of Sanitary District No.2 of Marin
County, said point being the most southerly corner of the Lands of Duckett, as
described in 1105 OR 516, also being the most westerly corner of the Lands of
Bristow, as described in DN 96-066984; thence from said POINT OF BEGINNING
0'.
along the Sanitary District boundary N42', 29'35"W, 119.81 feet; thence leaving said
Sanitary District boundary, N46.0I'OO"E, 105.00 feet to the Sanitary District
boundary, also being the southwesterly Right of Way of Ranch Road; thence leaving
said Sanitary District boundary, N47.59'00"E, 40.00 feet to the northeasterly Right
of Way of Ranch Road; thence along said Right of Way S42. 0 1 'OO"E, 136.6 I feet to
the Town of Tiburon boundary: thence along said Town of Tiburon boundary
547. 59'00"W, 40.00 feet to the Sanitary District boundary, also being the
southwesterly Right of Way of Ranch Road; thence leaving said Town of Tiburon
boundary, along said Sanitary District boundary and said Right of Way
N42.01'00"W, 16.61 feet; thence leaving said Sanitary District boundary and said
right of way S46.06'10"E, 104,00 feet to the POINT OF BEGINNING.
Containing 18,000 square feet, more or less,
"""""DOC
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~I H 1
ORDINANCE NO. N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
PREZONlNG APPROXIMATELY 0.41 ACRES OF PROPERTY LOCATED AT
4905 RANCH ROAD
ASSR<;;SOR PARCEL NO.. 38-052-07
WHEREAS, the Town Council of the Town of Tiburon does ordain as
follows:
Section 1.. Findinl:S.
A. An application has been filed to prezone approximately .41 acres of
property described as Mariti County Assessor's Parcel No. 38-052-07, and a
small portion of the public street .Ranch Road" which forms the street
frontage for said parcel.
B. The Planning Commission held a duly noticed and advertised public
hearing on July 8, 1998, and recommended prezoning of the property to
RO-2 zone.
C. The Town Council has held duly noticed and advertised public hearings on
July 15 and August 5, 1998, and has considered all testimony in reaching
its decision.
D. The Town Council finds that the project is categorically exempt from the
requirements of CEQA per Section 15319 of the CEQA Guidelines.
E. The Town Council finds that the prezoning is consistent with the goals and
policies of the Tiburon General Plan.
Section Z. Approval Jll Prezoning.
NOW, THEREFORE, BE IT ORDAINED that the Town Council of the
Town of Tiburon does hereby prezone the subject property, as shown on the
attached Exhibits "A" and "B", to the RO-2 Zoning District. This zoning shall
become effective immediately upon annexation of the property to the Town of
Tiburon.
Town of Tiburon
Ordinance No. N.S.
Adopted
,1998
Page
1
EXBTElT ~O. j
Section J... Severability.
If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held invalid or unconstitutional, such decision shall
not affect the validity of the remaining portions of this Ordinance. The Town
Council hereby declares that it would have passed this and each section,
subsection, phrase or clause thereof irrespective of the fact that anyone or more
sections, subsections, phrase or clauses be declared unconstitutional on their face
or as applied.
Section 4.. Effective ~
This Ordinance shall take effect and be in force thirty (30) days after the
date of passage, and before the exPiration of fifteen (IS) 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.
This Ordinance was introduced at a regular meeting of the Town Council
of the Town of Tiburon on , 1998, and was adopted at a regular
meeting of the Town Council of the Town of Tiburon on , 1998,
which was noticed pursuant to Government Code Section 50022.3, by the
following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
HARRY MATTHEWS, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE L. CRANE, TOWN CLERK
\scott\4905ranc.ord
Town of Tiburon
Ordinance No. N.s.
Adopted
1998
Page
2
--- -------- _._-------~---_._--~~---_.._---
EXHIBIT "A"
April 22, 1998
RANCH ROAD REORGANIZATION NO, 3
TO
TOWN OF TIBURON & SANITARY DISTRICT NO.2
MAPPING NO. 7/98
Description to Town of Tiburon
BEGINNING at a point on the existing boundary of Sanitary District NO.2 of Marin
County, said point being the most southerly corner of the Lands of Duckett, as
described in ll05 OR 516, also being the most westerly corner of the Lands of
Bristow, as described in DN 96-066984; thence from said POINT OF BEGINNING
along the Sanitary District boundary N42'~29'3S"W, 119.81 feet; thence leaving said
Sanitary District boundary, N46'Ol'OO"E, lOS.OO feet to the Sanitary District
boundary, also being the southwesterly Right of Way of Ranch Road; thence leaving
said Sanitary District boundary, N47'S9'OO"E, 40.00 feet to the northeasterly Right
of Way of Ranch Road; thence along said Right of Way 542' 0 l'OO"E, 136.61 feet to
the Town of Tiburon boundary; thence along said Town of Tiburon boundarY
S47'S9'OO"W, 40.00 feet to the Sanitary District boundary, also being the .
southwesterly Right of Way of Ranch Road; thence leaving said Town of Tiburon
boun.dary, along said Sanitary District boundary and said Right of Way
N42 0 l'OO"W, 16.61 feet; thence leaving said Sanitary District boundary and said
right of way S46'06'IO"E, 104.00 feet to the POINT OF BEGINNING.
Containing 18,000 square feet, more or less.
mm,DOC
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Eve w.K. Ulin
6 Bay Vista Court
Mill Valley, CA 94941
Scott Anderson
Town Planner
City of Tiburon
Tiburon, CA 94920
June 30, 1998
Dear Mr. Anderson:
I spoke to you in May regarding the potential annexation of Bay Vista Court into the city
of Tiburon.
We have now secured signatures from all the houses on Bay Vista Court, and I attach
a letter on behalf of the residents of BayVista Court requesting that the street be
annexed by and incorporated into Tiburon.
Thank you for providing additional information to a couple of our neighbors, and for
your general encouragement and assistance, We recognize that there are no
guarantees, but hope that the climate remains the same and that adding our street of
only six houses still remains likely,
Please let me know if you require any additional information. We look forward to your
reply, and hopefully joining Tiburon in 1998,
Kind regards,
s~e'~ ~
tt&~n-/
,
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RECEIVED
JUL 6 1998
PLANNING DEPARTMENT
TOWN OF TlBURON
Residents of Bay Vista Court
Marin County, 94941
Tiburon Town Council
c/o Scott Anderson
Town Planner
April 8, 1998
Tiburon, CA
Dear Sirs:
We respectfully request that the city of Tiburon consider, and adopt, the annexation of
Bay Vista Court into its town boundaries,
Bay Vista court, a cul-de-sac of six private residences with its only entrance via Bay
Vista (and otherwise bounded by Tiburon boulevard) is directly contiguous with the
area we understand is being considerecHor incorporation into Tiburon. Our street
seems to be naturally a part of Tiburon, neither a part of Strawberry nor a part of Mill
Valley proper, It is in fact the custom of certain residents to refer to living in "Tiburon"
even though we are not formally part of the town. We believe the inclusion of our
street within Tiburon would be mutually beneficial, and respectfully request your
consideration for annexation.
For further questions, please contact Jeffrey and Eve Ulin, at 6 Bay Vista Court, Mill
Valley 94941 (Eve Kanne Ulin work telephone, 241-7617),
Sincerely,
Jeffrey and Eve Ulin
6 Bay Vista Court
~ ~ /% ~
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Byr n and Jenny Nichols
8 Vista C rt
P~I and Marianne f-tc \~
('j.. Bay Vista, corner of Bay Vista and Bay Vista Court)
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RECEIVED
/
JUL 6 1998
PLANNING DEPARTMENT
TOWN OF TIBURON
338"- b 450
331 O"b3C5.
TOWN OF TIBURON
[505 TIBURON BOULEVARD. TIBURON . CALIFORNIA 94920 . (415) 435.1373
FAX (4] 5) 435-2438
Planning & Building Department
July 8, 1998
EveUlin
6 Bay Vista Court
Mill Valley, CA 94920
RE: YOUR LETTER DATED 6/30/98 CONCERNING ANNEXATION OF BAY VISTA
COURT TO THE TOWN OF TillURON
Dear Ms. Ulin:
The Town ofTiburon has received the above-referenced letter. It will be forwarded to the
Tiburon Town Council as a "Communication')tem for the July 15, 1998 Town Council meeting,
The Town Council will be unable to take any formal action on your request at that meeting, but
will probably decide whether or not to agendize the matter for discussion and possible action at a
future meeting,
A copy of the Town Council agenda for July 15th will be mailed to you on July 10th. You may
wish to have a representative present at the Town Council meeting to answer any questions from
the Council.
Please call me at 435-7392 if you have questions.
~. yourz'.') ,..'.
11 I.
,fI ;
, (v-0~
Scott Anderson
Planning Director
cc: Town Manager
~wn Cler~
bayvista,ltr
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Mr, Scott Anderson
Tiburon Town Hall
1505 Tiburon Blvd
Tiburon CA 94920
February 26,1998
Dear Mr, Anderson:
We would like to have our residence included in the proposed annexation of properties
to the Town of Tiburon, We are located on the northwest corner of Bay Vista Drive
and Bay Vista Court, Bay Vista Court is basically a continuation of Rancho Drive,
If the homes on Rancho and Barn are annexed to the Town of Tiburon, it would make
sense for the homes on Bay Vista Drive, up to the Cypress Hollow intersection to be ,
included in the annexation, To have a Mill Valley address on one side of Bay Vista Dnve
and a Tiburon address on the other would lead to all sorts of confusion,
We have always felt that we were a part of Tiburon, Please include us in the plan.
Thanks.
Cordially,
\11..4 JJut ~ ~
Marion and Paul Holter
~~~
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*
TOWN OF TIBURON 1505T1BURONBOULEVARD. TIBURON' CALlFORNIA 94910, (415)435.7373
FAX (415) 435-2438
Planning & Building Department March 13, 1998
Marion & Paul Holter
9 Bay Vista Drive
Mill Valley, CA 94941
RE: YOUR LEITER CONCERNING ANNEXATION TO THE TOWN OF TIBURON
Dear Mr. & :Mrs. Holter:
Thank you very much for your interest in il!JI1exation to the Town ofTiburon. I understand that
you desire that your property be added to the Cypress Hollow, Barn RoadJRancho Drive
currently being pursued.
However, at this point in time, the Tiburon Town Council has indicated that it is not prepared to
entertain annexation of any property west of Bay Vista Drive. Perhaps at some point in the
future, the Town's position regarding the appropriate extent of westward expansion of Tiburon' s
boundary line will change, In that event, I am certain that the Town would contact property
owners in the area.
Please call me in may be of further assistance at 435-7392,
Very truly YOu~
5lJL L~vL~~
Scott .A.nderson
Planning Director
cc:
Town Manager
Town Council
Holter.llr
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