HomeMy WebLinkAboutTC Agd Pkt 2001-02-07
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TOWN OF TIBURON
Regular Town Council Meeting
Town Council Chambers
1505 Tiburon Boulevard
Tiburon, CA 94920
7:30 PM - Wednesday, February 7, 2001
ASSISTANCE FOR PEOPLE WITH DISABiliTIES
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in
this meeting, please contact the Town Clerk. at (415) 435-7377. Notification 48 hours prior to the
meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting.
AVAILABILITY OF INFORMATION
Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall
and at the Belvedere- Tiburon Library located adjacent to Town Hall.
PUBLIC HEARINGS
Public Hearings provide the general public and interested parties an opportunity to provide testimony
on these items. If you challenge any proposed action(s) in court, you may be limited to raising only
those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in
written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s).
AGENDA
CALL TO ORDER AND ROLL CALL
Councilmember Bach, Councilmember Gram, Councilmember Slavllz, Vice Mayor Matthews, Mayor Thompson
ORAL COMMUNICATIONS
Persons wishing to address the Town Council on any subject not on the agenda may do so now.
Please note however, that the Town Council is not able to undertake extended discussion or action
tonight on items not on the agenda. Matters requiring action will be referred to the appropriate
Commission, Board, Committee or staff for consideration and/or placed on a future Town Council
meeting agenda. Please limit vour comments to no more than three (3) minutes.
Agenda - Town Council Meeting
February 7, 2001
Page 2 of 4
CONSENT CALENDAR
All items on the Consent Calendar may be approved by one motion unless a request is made that
an item be transferred to the Regular Agenda for separate discussion and consideration. Any item
on the Regular Agenda may be moved to the Consent Calendar.
(1) Approval of Town Council Minutes - December 6,2000
(2) Approval of Town Council Minutes - January 17, 2001
(3) Recommendation to Authorize Town Manager to Negotiate an Agreement for Professional
Services - Compensation Study with Sally Brian
(4) Recommendation to Approve Agreement for Professional Services - State Mandated Cost
Recovery Services with DMG-Maximus
(5) Recommendation to Approve Agreement for Professional Service - Interim Public Works
DirectorlTown Engineer Services with James Wilson
(6) Recommendation to Approve Resolution for Signature Authority (Councilmember Jeff Slavitz)
(a) Adoption of a Resolution of the Town Council of the Town of Tiburon
Authorizing the Signing and Endorsing of Checks and Other Instruments
of Payment and Access to Documents Retained in Safekeeping
(7) Recommendation to Approve Grant Application - California Highway Patrol Demographic Data
Collection Program
(a) Adoption of a Resolution of the Town Council of the Town of Tiburon
Supporting the Concepts and Efforts of the California Highway Patrol
In a Traffic Stop Demographic Data Collection Grant Program
(8) Recommendation to Appropriate COPS Funds - Standardization of Police Department Weaponry
(a) Adoption of a Resolution of the Town Council of the Town of Tiburon
Approving an Expenditure Plan for the Utilization of Supplemental Law
Enforcement Funds ("COPS" Monies) for the Purpose of Standardizing
Police Weaponry Equipment
(9) Measure "An School Bond - Adopt resolution in support of $121 Million March 6, 2001 bond
measure for modemization of schools in Tamalpais High School District
(a) Adoption of a Resolution of the Town Council of the Town of Tiburon
In Support of Measure A - The Tamalpais Union High School District
$121 Million Bond Measure
(10) Amicus Brief Request - Chevron, USA. Inc. v. Cayetano (9th elr. 2000) 224 F.3d. 1030
PRESENTATION
(11) Introduction & Comments by Assembymember Joe Nation - 6th District (Marin County)
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Agenda - Town Council Meeting
February 7, 2001
Page 3 of 4
REGULAR AGENDA
(12) PUBLIC HEARING
Recommendation to Amend the Tiburon Municipal Code Regarding Flood Damage Prevention _
(Read by Title Only)
(a) Introduction and First Reading of an Ordinance of the Town Council of
the Town of Tiburon Repealing Chapter 13D (Flood Damage Prevention)
of the Municipal Code and Adopting a New Chapter 13D (Flood Damage
Prevention) of the Tiburon Municipal Code
(13) PUBLIC HEARING
Recommendation to Amend the Tiburon Municipal Code Regarding Reduction in Membership Parks
& Open Space Commission; Clarification of Definilion of Trees; Elimination of the Pa~s & Recreation
Commission; and Permits Required for Keeping Horses - (Read by Title Only)
(a) Introduction and First Reading of an Ordinance of the Town Council of
the Town of Tiburon Amending Provisions of Chapter 2 (Administration);
Chapter 15A (Trees); Chapter 18 (Pa~s & Recreation); and Chapter 20
(Animals & Fowl) of the Tiburon Municipal Code
(14) PUBLIC HEARING
Recommendation to Amend the Tiburon Municipal Code Regarding Text Amendments to the Town's
Zoning Ordinance - (Read by Tille Only)
(a) Introduction and First Reading of an Ordinance of the Town Council of
the Town of Tiburon Repealing, Adding, and/or Amending Various Provisions
of the Chapter 16 of the Tiburon Municipal Code Commonly Known as the
Tiburon Zoning Ordinance (Ordinance No. 360 N. S. as Amended)
(15) Recommendation to Establish a Downtown Local Historic Building Inventory
(a) Adoption of a Resolution of the Town Council of the Town of Tiburon
Adopting a Local Historic Inventory of Building Located in Downtown
Tiburon and Authorizing Application of the Califomia State Historic
Building Code
COUNCIL. STAFF, COMMITTEE REPORTS AND RECOMMENDATIONS
(16) Recommendation by Joint Services Committee of the Marin County Council of Mayors and
Councilmembers - Final Report to Improve Accountability and Operations of the Marin Joint Powers
Authority
(17) Recommendation to Set Interview Schedule - Status of Vacancies on Town Boards, Commissions
& Committees
Agenda - Town Council Meeting
February 7, 2001
Page 4 of 4
WRITTEN COMMUNICATIONS
Town Council Weekly Digest - January 19, 2001
Town Council Weekly Digest - January 26, 2001
Town Council Weekly Digest - February 2, 2001
ADJOURNMENT
FUTURE AGENDA ITEMS
:>- 2001Streets Program (February 21)
:>- Tiburon Peninsula Foundation Historic Signs along Multi-Use Path (February 21)
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TOWN COUNCIL
MINUTES
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CALL TO ORDER
Mayor Thomp ed the regu meeting of the Tiburon Town Council to order at 7:37 p.m.
on Wednes y, December 6,2000, in the Town Council Chambers, 1505 Tiburon Boulevard,
Tiburon, C mIa.
1. ROLL CALL
PRESENT:
ABSENT:
COUNCIL MEMBERS:
COUNCILMEMBER:
Hennessy, Gram, Matthews, Mayor Thompson
Bach
PRESENT:
EX-OFFICIO:
Town Manager McIntyre, Town Attorney Danforth,
Planning Director Anderson, Senior Planner
Watrous, Finance Director Stranzl, Deputy Town
Engineer Hugunin, Lt. Aiello, Minute Clerk
McVeigh
2. ANNOUNCEMENT OF CLOSED SESSION ACTION (If Anv)
None.
3. PUBLIC OUESTIONS AND COMMENTS
Mayor Thompson reported the Town Council will be adjourning this meeting in memory of
Margaret Azevedo a long-time Tiburon resident who passed away on December 2,2000. He
noted she was an incredible woman and a true public servant. He highlighted her many
contributions to the Town and County.
4. COUNCIL. COMMISSION & COMMITTEE REPORTS
There were none.
5. CONSENT CALENDAR
Councilmember Matthews request Item 1, Town Council Minutes of November 9, 2000 and
November 15, 2000 be removed from the Consent Calendar. Council to submit individual
revisions to transcript to Town Attorney.
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Councilmember Gram requested Item #12, Pavement Management System, be removed from the
Consent Calendar.
MOTION:
to adopt the Consent Calendar consisting of:
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1. TOWN COUNCIL MINUTES - a) No. 1202 - October 18, 2000, b)
November I, 2000, and d) November 14, 2000
2. TOWN MONTHLY INVESTMENT SUMMARY - October 31, 2000 -
(Accept)
3. TOWN MANAGER HOUSING AGREEMENT AMENDMENT
A. Amendment of Town Manager Employment Agreement to modify
terms of Housing Loan
1. Adoption of Resolution Accepting Deed of Trust Securing Housing
Loan to Town Manager
4. ACTING POLICE CHIEF - (Approve Agreement with County of Marin to
Provide Services)
5. NATIONAL DRUNK DRIVING AWARENESS MONTH - (Adopt
Resolution)
6. FY 2000-02 SALARY & BENEFIT PROGRAM AMENDMENTS
1. Adopt Resolution approving Salary Adjustment for Police
Lieutenant
2. Adopt Resolution Modifying Town Holiday Schedule
7. FY 2000-01 BUDGET AMENDMENT - Accept Recommendation by
Heritage & Arts Commission for Town Hall Lobby Interior Design and
Acoustical Work (Authorize Budget Amendment for additional
Appropriation)
8. OLD TffiURON LANES & PATHS (Approve recommendation of Parks
& Open Space Commission to appoint ad hoc committee to research and
make recommendations)
9. SHORELINE PARK RESTROOM INSTALLATION - (Approve
recommendation of Parks & Open Space Commission not to proceed with
installation at East end)
10. NAMING OF PRIVATE STREET - ("BA YSHORE TERRACE")-
Currently 636,638,640, & 644 Tiburon Boulevard - AP Nos. 55-171-16,
17,18 & 27)
11. TOWN COMPUTER NETWORK - System Upgrade & Service
Agreement - (Authorize Town Manager to negotiate and enter into
Agreement with Just Results for system update and technical support)
13. PROP. 116 FUNDS FOR TffiURON FERRY ACCESS AND SAFETY
IMPROVEMENTS - Resolution Authorizing Execution of a Fund Transfer
Agreement with the State of California (Adopt)
14. TffiURON FERRY ACCESS AND SAFETY IMPROVEMENTS-
Authorize Agreement for Landscape Design Services - (James McLane &
Associated)
15. AMICUS BRIEF REQUESTS - a) Cashman v City ofCotati; b) Eastman
Kodak Company v. City of County of San Francisco, and General Motors
Corporation v. City and County of San Francisco; c) G&G Fire Sprinklers,
Inc. v. Bradshaw county Superior Court Case No. A091914; d) Emeryville
Redevelopment Agency v. Elementis Pigments, Inc.
Town Council Minutes No. 1207
December 6, 2000
Page 2
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Moved:
Vote:
Hennessy, Seconded by Matthews
AYES: Unanimous
ABSENT: Bach
7. UNFINISHED BUSINESS
16. 761 HILARY DRIVE - Grant Appeal by St. Hilary Church to Expand Facilities; Adopt
Mitigated Negative Declaration and approve CUP with Conditions of Approval - AP Nos.
55-253-11 & 18; 55-221-06 (Adopt Resolutions)
Senior Planner Watrous reported at Council's November 14th meeting staff was directed to
prepare resolutions granting the appeal and adopting a mitigated negative declaration and a
mitigation monitoring program for this project. He noted since the writing of the resolutions
presented to Council, staff has received additional correspondence and has had discussions with
the neighbors and attorneys representing St. Hilary's. From these discussions, staff is
recommending the following changes to the resolutions before Council. On page 7 of the
resolution granting the appeal, last paragraph change to read... "the requirement that all exterior
entrance..". Page 11, condition 10 change to read "After completion of the new classroom
addition and associated circulation improvements, traffic for children in Grades 6-8 shall not use
the Hilary Drive entrance during the morning, but during that time shall ingress and egress of
Rock Hill Drive directly. School buses are excepted from this condition". Page 12, condition 17,
change to read" All exterior entrances of the gymnasium shall consist of a vestibule comprised of
two sets of doors" .
Councilmember Hennessy requested that condition 26.(f) on page 13 be deleted as Council did
not discuss limiting the height of the rectory addition to 15 feet. She also questioned the
requirement of a sound barrier in condition 26.0). She feels a sound barrier will increase noise
rather than mitigate noise.
Councilmember Gram noted that Council is recommending the gym height be reduced to 25' and
the classrooms to 20', but these heights are to be reviewed and approved by the Design Review
Board.
Mayor Thompson opened the public hearing.
Ms Debra Bendenelli, 735 Hilary Drive, stated her main concern is over traffic. She referred to
condition lion page 11 which requires a monitor from 7:30 a.m. to 8:10 a.m. She reported there
has not been any monitor on Hilary Drive. She strongly suggested the Church be required to
report on their monitoring activities and make the restrictions meaningful. She is also concerned
with the speed of traffic and recommended striping Hilary Drive and posting a "15 MPH When
Children are Present" sign to encourage drivers to slow down.
Town Council Minutes #1207
December 6, 2000
Page 3
Ms. Margaret Smetana, 650 Hilary Drive, stated that the traffic problem is not just from St.
Hilary's, but also from Del Mar School. She recommended that a four-way stop be placed at the
intersection of Rock Hill and Hilary Drive.
Mr. Todd Garrett, 11 Via Paraiso West, read finding 26 of the Negative Declaration resolution
which states "commentators offered their speculation that the project would have unmitigated
impacts, particularly with respect to noise, traffic, and parking, they offered no substantial
evidence in support of their statements". He stated neighbors and others offered substantial
testimony and facts during the extensive Planning Commissions hearings and again at the Town
Council hearings. He presented for the record a three page letter which summarized what he feels
are findings of facts regarding the impacts of this project.
Ms Katie V ogelheim, 170 Hacienda, wanted clarification regarding the height ofthe gym. She
questioned if the 25' limitation was on the interior height. She stated she would like to see the
Church maintain the peaked architecture and a 25' interior limitation would give the Design
Review Board more flexibility on the exterior height. She requested the same be true of the 20'
height limitation on the classrooms. She stated the traffic monitoring program is a "work in
progress" and currently there are monitors in place on a regular basis.
Being no further comments, Mayor Thompson closed the public hearing.
Mayor Thompson summarized the concerns expressed and felt the Council should address the
traffic monitoring program, building height limits and point #26 of the Negative Declaration
Resolution.
Councilmember Gram stated the Council is only making recommendations on the building heights,
and feels the final height should be left up to the Design Review Board. He feels the exterior
height of the gym could go up to 28-30' if the design requires. He feels the speeding issue is a
matter for the Traffic Safety Committee or Police Department.
Mayor Thompson noted Ms. Bendenelli recommended striping the street and posting a "15 MPH
When Children are Present" sign. He suggested these recommendations be referred to the Traffic
Safety Committee. He recommended in regard to finding No. 26 in the Negative Declaration
Resolution the word "speculation" be changed to "testimony". Town Attorney Danforth stated
the language of finding 26 may appear dismissive, but the term has a specific meaning under
CEQA
Vice-Mayor Matthews stated he is satisfied with the explanation regarding the lack of monitors
and feels there will be monitors at all times. He wanted to know what checks and balances will be
in place for the two monitors. Councilmember Gram stated the neighbors will be the checks and
balances and Town Hall will hear when there is a lack of a monitor. He also stated that this is a
major restriction and condition in the Use Permit approval.
Town Council Minutes #1207
December 6. 2000
Page 4
.....
Senior Planner Watrous reviewed the changes to the Resolution granting the appeal by St. Hilary
Church, those being on Page 7 condition 2(a), page 11 condition 10 and page 12 condition 17.
Condition 26.(f) on page 13 is to be eliminated. The Resolution adopting a mitigated negative
declaration shall be amended so that finding 26 reads "While commentators offered their
testimony that the Project would have unmitigated impacts,..."
MOTION: to adopt the Resolution adopting a mitigated negative declaration, as amended
Moved: Hennessy, Seconded by Matthews
Vote: AYES: Hennessy, Gram, Matthews, Thompson
ABSENT: Bach
MOTION: to adopt the Resolution granting the appeal by St. Hilary Church as amended
Moved: Gram, seconded by Matthews
Vote: AYES: Hennessy, Gram, Matthews, Thompson
ABSENT: Bach
H. NEW BUSINESS
17. TOWN COUNCIL VACANCY - Selection of Method to Fill Seat after January 1, 2001 -
Departure of Councilmember Hennessy
Mayor Thompson stated that when a vacancy takes place on the Town Council, the Council has a
lot of freedom on how to replace the vacancy. He stated the Council could call for an election,
appoint a person to fill the vacancy until the next election, or appoint a person to fill the vacancy
for the balance of Council member Hennessy's term.
Councilmember Gram recommended appointing a person for the remainder of Councilmember
Hennessy's term. Matthews, Thompson and Hennessy agreed.
Manager McIntyre recommended the Council set a specific schedule for filling the vacancy.
Mayor Thompson noted the Town has received four letters of interest in filling the vacancy. He
recommended Council close the deadline for letters of interest on December 15th or 18th. The
Council could have another meeting to interview the candidates and make an appointment in
January 2001.
Council directed Staff to place an ad in The ARK Newsoaper requesting letters of interest with a
cut off date of December 18th at 5:00 p.m.
MOTION:
to make an appointment for the remainder of Councilmember Hennessy's term
based on cost savings of holding an election, the deadline for filing letters of
interest shall be December 18th at 5:00 p.m., and interview dates of December 20th
and January 3, 2001
Town Council Minutes #1207
December 6, 2000
Page 5
Moved:
Vote:
Matthews, Seconded by Gram
AYES: Hennessy, Gram, Matthews, Thompson
ABSENT: Bach
18. ZELINSKY PARK (Award of Contract)
Manager McIntyre reported the Zelinsky Park plan has been revised slightly for a new contract
price of $45,900, which is below of $50,000 budged amount.
Councilmember Gram questioned if there is a cost analysis for the Public Works Department to
do the project. He noted the Supt. of Public Works indicated his Department could have done the
previous plan for $14,000 less than a bid prepared by a landscape contractor. He is willing to
wait 4-6 months to have Public Works do the project and save $14-15,000.
Councilmember Hennessy stated she would prefer to award the contract to Neary Landscaping,
noting Public Works has enough work to handle. Mayor Thompson agreed.
MOTION: to accept Staffs recommendations and authorize the Manager to negotiate and
execute an agreement with Neary Landscaping in an amount not to exceed $45,9800 and allocate
$13,625 from the park-in-Lieu fund to purchase the water meter and water allocation from
MMWD
Moved:
Hennessy
After discussion, Councilmember Hennessy withdrew her motion and Staff was directed to
reagendize the matter for December 20th and that Public Works provide a bid for the project at the
meeting.
1. PUBLIC HEARINGS
] 9 APPEAL OF DESIGN REVIEW BOARD DECISION to approve an application filed by
Mr. And Ms. Hariri to install a fence on the property located at 163 Avenida Miraflores,
Appellant)
Senior Planner Watrous reported Council did not review the appeal scheduled on November 1,
2000, but did hear testimony from the applicant, the appellant and the public regarding the matter.
The Council then continued the item to December 6th in order to allow the applicant to work with
the neighbors in developing an agreement regarding a potential redesign of the fence configuration
and height.
Mr. Chester Judah, appellant, reported he has reached an agreement with the applicant whereby
the Hariri's will move the 6' wrought iron fence 5' down the hill. He feels it is a great agreement,
but the Petri's have not agreed to the revised plan.
Town Council Minutes #1207
December 6, 2000
Page 6
-"-
Ms. F arnood Hariri reviewed her revised fence plan indicating that the Petri's have not approved
the plan as they have concerns regarding a property line dispute.
Ms F aradeh Petri urged the Council to not approve the plan and deny the appeal. She feels the
plan violates the neighborhood's CC&Rs and stated the Hariri's constantly violate the CC&Rs.
She stated her family does not want the fence and would prefer the previously approved plan.
Councilmember Gram asked if there was an architectural control committee through the
Homeowners Association. Ms. Petri stated there is not an active committee.
Mr. Paul Grothe, 2 Hacienda Drive, noted he is a real estate broker and in his opinion feels the
proposed fence would adversely effect the value of the Petri property.
Mrs. Petri, 165 A venida Miraflores, asked the Council not to approve the new plan. She state she
has agreed to the previous plan. She stated the new plan affects her view and value of her home.
Mayor Thompson questioned Mrs. Petri if she wanted the originally approved plan by'the Design
Review Board. Mrs. Petri stated yes.
Councilmember Matthews questioned if the height of the fence is the same in both plans. Senior
Planner Watrous stated he did not know.
Mr. Judah stated the difference between the two fence proposals is that the new plan has moved
the fence 5' downhill making it less visible.
Senior Planner Watrous noted Mrs. Petri is concerned with the portion of the fence that is not
subject to Design Review Board approval as it is lower than 3 -1/2". He reported that Mrs. Hariri
checked with Joan Wilson, president of the HOA prior to representing the plan to the Town.
Mrs. Wilson advised Mrs. Hariri that there was no requirement for HOA approval of the fence.
Mr. Grothe stated the whole problem is with the 3-1/2' fence around the Hariri property line.
Mayor Thompson closed the public hearing.
Councilmember Matthews agreed with Mr. Judah's statement that the new proposal makes the
fence less visible and is prepared to support the appeal.
Councilmember Hennessy agreed with Matthews. She advised Mrs. Petri that the Town does not
have jurisdiction over the 3-1/2' fence. She is willing to accept the compromise reached between
the appellant and applicant.
Mayor Thompson stated the compromise solution is a better plan and will be less visible. He feels
the plan would benefit the community and the relationship with the neighbors if the Hariris did not
install the 3-1/2' fence, but noted the Town has no jurisdiction over that portion of the plan.
Town CouncilMinures #1207
December 6. 2000
Page 7
MOTION:
Moved:
Vote:
to grant the appeal based upon the compromise reached between the appellant and
applicant and direct staff to prepare a resolution memorializing this action
Hennessy, seconded by Gram
AYES: Hennessy, Gram, Matthews, Thompson
ABSENT: Bach
20. DOWNTOWN FERRY AREA ACCESS IMPROVEMENTS
Council waived an oral staff report.
Mayor Thompson opened the public hearing. Being no comments, Mayor Thompson closed the
public hearing.
MOTION:
Moved:
Vote:
to read by title only
Hennessy, Seconded by Gram
AYES: Hennessy, Gram, Matthews, Thompson
ABSENT: Thompson
Mayor Thompson read "An Ordinance of the Town Council of the Town of Tiburon establishing
streamlined permit review procedures for the Downtown ferry area improvement project".
MOTION
Moved:
Vote:
to adopt first reading of the ordinance
Hennessy, seconded by Matthews
AYES: Hennessy, Gram, Matthews, Thompson
ABSENT: Bach
21 80 ROLLING HILLS ROAD - Request to amend the Owlswood West Subdivision
Precise Development Plan - Allan & Caroline Littman, Owners/Applicants - AP No. 58-
121-12
Senior Planner Watrous reported this is a request to amend a portion of the Owlswood West
subdivision precise plan to modifY the primary building envelope and establish secondary building
envelopes for the property located at 80 Rolling Hills Road. The proposal is intended to allow
more flexibility in the siting of future improvements on the property. The Planning Commission
unanimously recommended approval of the amendment.
Mayor Thompson opened the public hearing.
Mr. Littman stated he would like to extend his best wishes to Councilmember Hennessy.
Mr. Littman stated through the Planning Commission hearings, he has worked out with his
neighbors and acceptable plan.
Being no further comments Mayor Thompson closed the public hearing.
Town Council Minutes #- 1207
December 6, 2000
Page 8
MOTION:
Moved:
Vote:
12.
to adopt the resolution modifying the Owlswood West precise development plan
Hennessy, seconded by Gram
AYES: Hennessy, Gram, Matthews, Thompson
ABSENT: Bach
PAVEMENT MANAGEMENT SYSTEM -Five-year Program for Town Street Repair
<Accept Report submitted by Town Engineer)
Councilmember Gram asked if there is a cost associated with this program. Deputy Engineer
Hugunin stated this is just a proposal for how to use money in a more expeditious manner. There
is no additional cost to put this system in place.
MOTION:
Moved:
Vote:
to accept the report
Gram, Seconded by Hennessy
AYES: Hennessy, Gram, Matthews, Thompson
ABSENT: Bach
11. ADJOURNMENT
Being no further business of the Town Council of the Town of Tiburon, Mayor Thompson
adjourned the meeting in honor of Margaret Azevedo at 9:30 p.m.
ANDREW THOMPSON, MAYOR
Town ofTiburon
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Town Council Minutes #1207
December 6, 2000
Page 9
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TOWN COUNCIL
MINUTES
Dl~AFr
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CALL TO ORDER
Mayor Thompso ed th meeting of the Tiburon Town Council to order at 7:33 p.m.
on Wednesday;, January 17, 2001, in Council Chambers, 1505 Tiburon Boulevard, Tiburon,
California.
ROLL CALL
PRESENT: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Bach, Gram, Mayor Thompson
Vice Mayor Matthews
PRESENT: EX OFFICIO:
Town Manager McIntyre, Town Attorney Danforth,
Planning Director Anderson, Finance Director
Stranzl, Superintendent of Public Works Iacopi,
Acting Chief of Police Odetto, Town Clerk Crane
Iacopi
ORAL COMMUNICATIONS
August Strotz, architect with offices at 1690 Tiburon Boulevard, and resident of Tiburon, had
three issues not on the agenda, and asked Council to provide a response to each.
The first issue was the status of undergrounding of utilities along Tiburon Boulevard. Mr. Strotz
said he had never received a reply to his letter to the Town, dated August 2000.
The second issue was whether the recent striping of Solano Boulevard would be corrected.
Thirdly, Mr. Strotz expressed his disregard for the new streetlights being installed downtown.
From an architect's viewpoint, Strotz said, the style was inappropriate. He said it was okay for
Main Street to have a "quaint" look, but not Tiburon Boulevard. He said the wooden poles could
have been replaced with concrete ones using the same style oflight as before.
Warren Callister, architect, Mar West Street, said he too was surprised by the lights and
wondered if the Council had sought professional advise in choosing the new design. Callister said
he was unaware of any design review of the lights, which were also unshielded. He said he would
like further discussion and something to be done about the lights.
Henry Herold, architect, resident for over 40 years, concurred with Strotz and Callister. He said
the general public was not aware of the prototype that had been installed. Mr. Herold pointed out
that the style of lights predated the architecture along Tiburon Boulevard by 40-45 years. He
requested further review.
On another subject, Diane Simmons spoke about the energy crisis and asked if Town businesses
could turn down their lights, especially in the Cove Shopping Center. Ms. Simmons said the City
Town Council Minutes #02-2001
January 17, 2001
Page 1
of Mill Valley was working with their Chamber of Commerce on energy-saving measures and
asked that the Town do the same.
Maureen Miekle, Harbor Oak Drive, said she agreed with the previous speakers regarding the
streetlights. She also said the new lights would cause an uphill glare for her and the other
residents in that area. She asked whether anyone had checked this out.
Lou Brunini, former Supt. of Public Works for 25 years, said he thought the lights were beautiful,
and a great addition to the Town. Mr. Brunini said he was against the installation of the previous
streetlights because of their hollow pole design. He also said that he had a streetlight right
outside his window in his neighborhood and if he did not want to see the light, he closed his
curtains. Brunini urged the Council to keep the new streetlights in place.
At the end of oral communications, Mayor Thompson said he recalled debating the streetlight
issue and noted that the Chamber of Commerce was also involved in the approval of the new
design.
SWEARING IN OF NEW TOWN COUNCIL MEMBER
(1) Administration of the Oath of Office by Town Clerk to newly-appointed Town
Councilmember Jeff Slavitz
Town Clerk Crane Iacopi administered the oath to Mr. Slavitz who then took his seat at the
Council table
PRESENTATION
(2) Tamalpais High School District Bond Measure - Superintendent William 1. Levinson
Mr. Levinson made a presentation and asked for the Council's endorsement ofa March 6,2001
Bond Measure in the amount of$121 million for facilities upgrades to Drake, Redwood and
Tamalpais High Schools. Mr. Levinson pointed out the age of the schools, built in the 1950's,
and noted the inadequacy of electrical outlets, for instance, for computer use.
Mr. Levinson also said that passage of the bond measure was necessary to qualify for matching
State Funds from a modernization measure set for the 2002 election, and that the current state
funding was used toward facilities maintenance rather than facilities upgrades which were sorely
needed.
Council endorsed the local measure and directed Staff to return with a resolution.
CONSENT CALENDAR
(3) Approval of Town Council Minutes - December 20, 2000 (No. 1208)
(4) Approval of Town Council Minutes - January 3, 2001 (No. 01-2001)
(5) Receipt of MCCMC 2001 Legislative Report - Report by Vice Mayor Matthews
Town Council Minutes #02-2001
January 17, 2001
Page 2
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(6) Receipt of Monthly Investment Summary Report - December 2000 - Report from Finance
Director
(7) Designation of Town Manager for Determination of Disability Retirements (Public Safety
Only) - Report and Recommendation from Town Manager
(a) Adoption ofa Resolution of the Town Council of the Town of Tiburon Granting
the Town Manager Authority to Determine Local Safety Employees as Disabled
for the Purpose of Retirement
MOTION:
Moved:
Vote:
To approve Consent Calendar Items 3 through 7, above
Bach, Seconded by Gram
AYES: Unanimous
REGULAR AGENDA
(8) Town Council Committee Appointments - Report and Recommendation from Town
Clerk
Council reviewed its 1999-2000 Committee Appointments and made the following revisions:
:.- County-wide Planning: Slavitz appointed as delegate, Gram as alternate
:.- Community Development Block Grant: Gram appointed as alternate
:.- Finance & Administration [Town Standing Committee]: Slavitz appointed to replace
Hennessy
:.- Paradise Drive Visioning Process: Committee disbanded
:.- Finance Advisory Committee: Committee disbanded
:.- MCCMC appointment to LAFCO: Bach to submit letter of interest for position
:.- CAL/ID: need status of committee
:.- ATT BroadbandIMarin Telecommunications Agency: Bach to continue as delegate, Gram
appointed as alternate
:.- Hazardous & Solid Waste JPA: McIntyre appointed
(9) Approval ofZelinksy Parking Lot Improvements - Report and Recommendation from
Town Manager
Town Manager McIntyre said the LibrarylTown Hall parking lot was becoming increasingly
inadequate for the number of patrons using both facilities. He said that he and Mayor Thompson
had approached Ed Zelinsky, owner of the parking lot immediately adjacent to Town Hall, to
inquire about the possibility of obtaining parking there for Town Hall and Library Staff
Mr. McIntyre said that Zelinsky's conditional use permit, which expires in May 2001, called for a
specific paving and improvement scheduled prior to renewal. Therefore, McIntyre said, he,
Mayor Thompson, and Mr. Zelinsky had discussed the possibility of certain improvements (e.g.
leveling, asphalt, drainage, lighting, striping and landscaping) being made to the lot as a public
improvement in exchange for [long-term] parking being given to the Town and Library Staff
Town Council Minutes #02-2001
January 17, 2001
Page 3
Town Manager McIntyre said the Town Engineer had "roughly estimated" the cost of the above
improvements (minus landscaping) to be around $56,900. Mcintyre said the cost could be shared
between Mr. Zelinsky, the Town and the Library. However, McIntyre said the Town Engineer
recommended that soils testing be conducted first, at an approximate cost of $3,200. He also
estimated the !:J1gineer's design fees at $5,900, and asked that the Council authorize him to front
these monies on behalf of the Town, which could later be recouped through a negotiated process.
Finally, the Town Manager said the benefit of improving the Zelinsky parking lot would be not
only to Tiburon Boulevard and the "civic center" as a whole, but parking would be increased for
both the public and Staff.
Councilmember Gram disputed the Engineer's estimate and said it should be doubled.
Superintendent of Public Works Iacopi said he had just received an estimate from a contractor for
the above improvements in the amount of$118,000.
Gram suggested that the Town consider leasing space for parking as an alternative.
Councilmember Bach said he remembered a dispute [involving the Town, Zelinsky and the State
Park Service] over parking at Town Hall for visitors to Angel Island. Planning Director Anderson
said the settlement of that lawsuit resulted in weekend, not weekday, parking allocations at the
Town Hall/Library.
Again, Councilmember Gram suggested that a monthly parking arrangement be negotiated on a
present value basis. Councilmember Bach concurred and said he was not comfortable with the
other proposal. Mayor Thompson also agreed to the idea as a short-term solution until a better
way was determined. Councilmember Slavitz concurred that leasing seemed to be a better idea.
Mayor Thompson and Town Manager McIntyre agreed to proceed with inquiries into leasing.
COUNCIL. STAFF & COMMITTEE REPORTS & RECOMMENDATIONS
(10) Acceptance of 1999-2000 Audited Financial Statements - Report by Finance Director
Finance Director Stranzl reviewed the auditor's recommendations. He said that two of the
suggestions that could be implemented in the current fiscal year were the recommendation to
create an Accounting [procedures] Manual, and an updated Capital Inventory, which would
include facilities and equipment. Stranzl said he would contact ABAG for a list of consultants to
perform the latter task.
(11) Approval of Mid-Year Budget Review (2000-2001) - Report by Finance Director
Finance Director Stranzl said Staff currently projected a surplus to the year-end General
Operating Budget. He then took questions from the Council.
Town Councillvlinutes #02-2001
January 17. 2001
Page 4
'"
Mayor Thompson asked is anything was "out of whack." Stranzl pointed out that the Police
Department had three positions vacant which skewed the projected budget numbers slightly.
Councilmember Gram asked about the reallocation of $300,000 from the Town's Housing
Reserve fund.
Finance Director Stranzl said that Council had allocated this "seed money" for employee housing,
and that Staff was in the process of developing some policy guidelines and proposals for
presentation to the Council.
Town Manager McIntyre said an employee committee had been formed and had met twice
conceming the above subject. He said he was hopeful that they could come up with some
reasonable proposals.
Mayor Thompson asked about energy costs for the Town Hall and other facilities. Finance
Director Stranzl said that the electrical usage in the Town Hall was far higher than in the previous
facility.
(12) Review of Secondary Dwelling Units Ordinance - Report by Planning Director
Planning Director Anderson said that review of the ordinance had come up during the Housing
Element Update, but that the Planning Commission had been wary of making changes to the
secondary unit ordinance.
Anderson said the Town had given amnesty to property owners in 1984 to encourage disclosure
of secondary units so they could be brought up to Code. Anderson also said that secondary units
were already allowed in all single-family residential zones, and he did not foresee many new
approvals at this point in time.
Councilmember Gram proposed increasing the size of secondary units from 700 square feet to
some higher number as long as the entire house did not need a variance or exception to the FAR.
Anderson said that at some point an increase in size could effectively turn the dwelling from a
one-family into a two-family unit.
Former Planning Commissioner (and current Councilmember) Slavitz said that the Commission's
concerns about changing the ordinance centered primarily on Old Tiburon which already had
parking problems and density issues.
Nevertheless, Councilmember Gram said that an increase in square footage might open up more
affordable housing stock for couples, Town, and other public sector employees, such as teachers.
He suggested increasing the square footage limit to 1,000.
Mayor Thompson agreed with Councilmember Gram's analysis.
Town Council Minutes #02-2001
January 17, 2001
Page 5
Councilmember Slavitz asked whether accessory structures would be linked to this [new] number.
Planning Director Anderson answered negatively, adding that most secondary dwelling units were
attached.
Councilmember Bach also agreed with "loosening" the number as long as certain criteria were
met.
Councilmember Gram asked how large a small, two-bedroom unit should be, and was told, for
instance, that in the Bel Aire neighborhood some homes were less than 1,000 square feet.
Council directed Staff to take the proposed language, "up to 1,000 square feet, with no variances,
or excess FAR, etc." to the Planning Commission for its review.
WRITTEN COMMUNICATIONS
(13) Town Council Weekly Digest - January 5,2001
(14) Town Council Weekly Digest - January 12, 2001
Town Manager McIntyre reviewed the two weekly digests and asked for direction on several
items.
One of the items was a letter from Bruce Abbott, Greenwood Beach Road, concerning the New
Year's Eve Bon Fire at Blackie's Pasture. Council directed Staff to require a permit and a public
hearing for such future events.
Another item concerned a petition from the residents of 4 Lyford Drive conceming the use of the
Tiburon Boulevard/Lyford Drive unpaved area for a construction-staging site. Chief Odetto
reported to Council that the Town was currently working with CAL/TRANS to make it a "pennit
only" area which would require contractors to obtain an encroachment permit from
CAL/TRANS. Odetto said that as soon as CAL/TRANS put up signs, the Tiburon Police
Department could start enforcing the use.
Mayor Thompson commented that it was difficult to find staging areas in Tiburon and that
alternative sites should be considered for moving vans and construction staging.
Town Manager McIntyre also referred to a letter from Taylor Woodrow, the developer of
Chandler's Gate, concerning their request to remove some trees at the site and below the Police
Station on Tiburon Boulevard. He said the School District was in agreement about removing
trees on their property and that replacement trees had been proposed. Councilmember Slavitz
commented that the trees provided screening to the school.
McIntyre said that the item would come before the Council when a final proposal was presented.
Town Counci/Minutes #02-2001
January 17, 2001
Page 6
Mayor Thompson thanked the Town Manager for designing a new agenda format and for
providing the weekly digest to the Council.
Finally, Mayor Thompson asked whether the matter ofthe streetlights, and in particular, the letter
from Mr. Strotz concerning the streetlights, should be brought back for discussion on a future
agenda.
Councilmember Gram asked what more there was to discuss.
In response to a question from Council, Supt. of Public Works Iacopi said that the new lights had
some glare but there was a plan to shield the ones nearest to some residences.
Councilmember Slavitz suggested that maybe a report on shielding could be discussed, however,
there was no consensus to agendize the matter.
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor
Thompson adjourned the meeting at 9:05 p.m., sine die.
ANDREW THOMPSON, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Town Council Minutes #02-2001
January 17, 2001
Page 7
TOWN OF TIBURON
STAFF REPORT
ITEM NO. 3..
From:
Mayor and Members of the Town Council
Alex D. McIntyre, Town Manager~
To:
Subject: Total Compensation Survey Project
Date: February 2,2001
Since I have been hired as Town Manager, I have heard a consistent message from Town
employees as to their perception as to the Town's competitiveness with regards to compensation.
Additionally, as local housing becomes more cost prohibitive and the commute from affordable
housing increasing, I have a concern about the Town's ability to retain our existing employees as
well as our ability to attract future employees.
In December 2000, the concept of a Compensation Study was presented the Finance and
Administration Committee of the Town Council (Hennessy and Matthews) and was fully endorsed
at that time.
Given my background in human resources, I would strongly suggest that the Town undertake an
independent and professional compensation study for select Town positions. Having this
information gathered by professionals whom understand the concept of "market" and "total
compensation", we will have a better basis in which to develop a sound Compensation Policy.
The Town is also about to initiate labor negotiations with the Tiburon Police Association and this
information will prove invaluable as the Town strives to develop an attractive compensation
package
Sally Brian is an independent human resources consultant that was referred to me from the Marin
Municipal Water District as well as the County of Marin. As it turns out, she also has recently
undertaken studies for the cities of Sausalito and San Anselmo. I met with Sally Brian several
weeks ago to review my expectations of the study. As she proposes (attached), we agreed that
she would survey up to ten "benchmark" positions that would be determined once she is retained.
We would then establish internal alignments for classifications in the benchmarked series (e.g.,
benchmark police otlicer and then align the police sergeant and police lieutenant to the
benchmarked position) We will also determine a "true market" for each benchmark, recognizing
that the markets for police officer, secretary and planner might be completely different from one
another.
Town Council
February 2,2001
Page 2 of2
The Survey of benefits will be thorough and complete - that is, any benefit, whether it can be
quantified as a cost or not, will be reviewed and listed as a "benefit" for the purpose of
determining total compensation. Such non-quantifiable (yet highly valuable) benefits would
include the 3-12 work schedule currently in place at the Police Department. Once the consultant
has gathered all of this information, the results will be presented to the Town Council along with a
recommended proposed Compensation Policy. The consultant estimates that his information will
be completed by March 31, 2001.
The cost for the services will be $5,000 and will need to be appropriated from reserves.
Recommendation
It is recommended that the Town Council:
Authorize the Town Manager to negotiate and enter into an Agreement for Professional
Services between the Town and Sally Brian for Compensation Survey services; and
Appropriate $5,000 from General Fund Operating reserves.
~
Attachment
..
SALLY BRIAN
1876 London Ranch Road
Glen Ellen, CA 95442
Human Resource Management
Program Evaluation
Employee Relations
Voice: (707)996-3355
FAX (707)996-2803
email: swan@metro.net
February 2, 2001
Alex Mcintyre, Town Manager
Town of Tiburon
1505 Tiburon Blvd.
Tiburon, CA 94920
Subject: Proposal to conduct total compensation study
Dear Mr. Mcintyre:
I propose to conduct a compensation review for the Town of Tiburon that recognizes the town's
particular needs in the current economic environment. This study will include an analysis of the
classes used by the town to determine and recommend appropriate benchmarks to use in the
study. Relationships of other classes to the benchmarks will be reviewed and recommendations
made for appropriate internal alignment. Competitors will be identified and recommendations
will also be made on the appropriate labor market to survey for each of the benchmarks. After
the benchmarks and labor market have been selected, selected agencies will be surveyed for
their compensation practices, salaries paid, and agency contributions toward a variety of
benefits. Data will then be analyzed and implementation recommendations will be made.
Study tasks will include:
1. Analysis of town classifications to determine benchmarks and relationships to other classes.
2. Discussion with Town Manager to finalize survey design, benchmarks and labor market.
3 Data collection-including job descriptions, MOUs, amounts contributed and compensation
practices.
4. Data analysis.
5. Review of initial findings with Town Manager.
6. Preparation of final report including recommendations. Report can be presented and
discussed with the Town Council if this is deemed appropriate.
This study can be performed for $5000 and can be completed by March 31, 2001.
If you have any questions about this proposal, please contact me at (707) 996-3355.
Sincerely yours,
J oJJ\ ~
Sally Brian
Consultant
~
TOWN OF TIBURON
STAFF REPORT
From:
Mayor and Members of the Town ~il
Alex O. McIntyre, Town Manager ~
ITEM NO. .1-
To:
Subject: State Mandated Cost Recovery Agreement for Services (DMG- Maximus)
Date: February 2,2001
Recently, Chief Odetto brought to my attention an opportunity to recover costs related to "Peace
Officer Bill of Rights" investigations that the Town, by State mandate, has conducted. Such
investigations include discipline and termination processes. These costs include direct costs (e.g.,
legal fees) and indirect costs (e.g, staff time). Marin County Sheriff's Office has successfully
used OMG-Maximus for such recovery services.
As staff began to explore this, we realized that there are opportunities to recover costs for a
number of other State Mandated programs. DMG-Maximus provides claiming services for all
types of programs including compliance with the Open Meeting Act, Mandate Reimbursement
Process, Regional Housing Needs Assessment, and a variety oflaw enforcement programs.
While Town staff will need to gather information for the consultant, DMG-Maximus will prepare
and submit the documentation for each claim. The cost recovery will include fiscal years 1999-
2000,2000-2001 and 2001-2002. In some cases, it may be possible to go back further in history
to recover costs. DMG-Maximus will perform this on a contingency with the Town collecting
75% and the consultant collecting 25% of all monies reimbursed It is unknown at this point how
much money the Town may realize in reimbursements.
Recommendation
It is recommended that the Town Council Authorize the Town Manager to enter into an
Agreement for Professional Services between the Town and DMG-Maximus for State Mandated
Cost Claiming services
Attachment
~
AGREEMENT FOR PROFESSIONAL SERVICES -
STATE MANDATED COST RECOVERY
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THIS AGREEMENT, made and entered this _ day of ,2001, by and between the
TOWN OF TffiURON, a political subdivision of the State ofCalifomia, hereinafter called "Town,"
and DMG-MAXIMUS, an llIinois corporation licensed to do business in Califomia, hereinafter
referred to as "Consultant,"
RECITALS
A. The Town is entitled to reimbursement by the State of California for certain costs incurred
pursuant to State mandates.
B. Consultant has particular expertise in the recovery of reimbursable costs, such that the Town
finds that it is in the Town's interest to retain Consultant to assist in obtaining the
reimbursement for which Town is eligible.
C. The parties wish to contract for the Consultant to provide the services described in Exhibit A
("Services"), which is attached hereto and incorporated herein by reference, in accordance
with all applicable State requirements.
AGREEMENT
1. Scope of Consultant Services. Consultant shall pursue and obtain reimbursement for all
claiming opportunities for which the Town is eligible because of expenses incurred during
fiscal years 2000-2001 and 2001-2002 as described in Exhibit A ("Services"). Consultant
may subcontract out certain of the Services to other Consultants only as may be approved
in advance in writing by Town. In the event of such subcontracting, Consultant shall remain
responsible for the full performance of such services.
2. Compensation. Consultant's fee for the Services shall be twenty-five percent (25%) of all
monies recovered on behalf of the Town. Payments shall be due thirty days after submission
of an itemized invoice showing work actually completed in a manner acceptable to the Town
and time and materials actually expended.
3. Standard of Work: Indemnity. Consultant shall perform the services in a skillful and
professional manner compatible with the usual, customary standard of Consultant's
profession. Consultant shall indemnify, defend and hold Town harmless from and against
claims, liabilities, suits, loss, cost, expense and damages to the extent caused by a negligent
act or omission of Consultant's in the performance of the Services pursuant to this
Agreement.
4. Consultant as Independent Contractor. Consultant (including its agents and employees) is
not an agent or employee of the Town but is an independent contractor not subject to the
direction and control of the Town. Without limiting the foregoing, Consultant shall maintain
CostReimburs. Claims, DMG.doc
1
complete control of its operations and personnel and shall be solely liable and responsible to
pay all required salaries, wages, expenses, taxes and other obligations, including, but not
limited to, withholding and Social Security.
5. Attendance at Hearings. If requested by the Town Planning Director, Consultant shall
appear at litigation and/or administrative hearings that pertain to the Project. Town shall
reimburse Consultant for such appearance( s) at the hourly rate specified in Exhibit A.
6. Audit of Books and Records. Town may, in its sole discretion, undertake an independent
audit and/or evaluation of the Consultant's records and accounts of expenditures and
program activities at its own expense. Consultant shall furnish all items necessary in the
Town's discretion to complete said audit and/or evaluation subject to restrictions on
confidentiality limited to expenditure or receipt of program funds, and program quality.
7. Insurance. Consultant shall maintain insurance as set forth below. Town shall be added as
an additional insured to all required insurance policies:
A. Comprehensive General Liability: Combined single limit of $1,000,000 for each
single occurrence and $2,000,000 annual aggregate.
B. Comprehensive Automobile Liability: Combined single limit of$I,OOO,OOO for each
single occurrence and $2,000,000 annual aggregate.
8. Ownershio of Documents: Re-Use: Indemnity. All documents, including drawings and
specifications prepared by Consultant pursuant to this Agreement shall be the property of
Town. Town acknowledges that said documents are prepared for use only in connection
with the Project described in the Exhibit A. Consultant makes no representation that said
documents are suitable for re-use on any other project or on any expansion of the
Project. Any such re-use by Town without specific written approval by Consultant shall
be at Town's sole risk. Town shall indemnify and hold Consultant harmless from all
claims, losses, damages and expenses, including attorneys fees, that may arise from
Town's unauthorized re-use of said documents for another project or for any expansion
of the Project.
9. Stoj:> Work Order. Town may at any time, by written notice to Consultant ("Stop Work
Order"), require Consultant to stop or suspend performance of the Services, in whole or in
part, for a period of up to ninety days after such notice is delivered to Consultant. Upon
receipt of the Stop Work Order, Consultant shall immediately comply therewith and take all
reasonable steps to minimize the incurrence of costs allocable to the Services covered by the
Stop Work Order during the period of work stoppage. Within ninety days of the delivery
of the Stop Work Order, or such later time as may be agreed to by the parties, Town shall
either cancel the Stop Work Order or terminate this Agreement as provided in Paragraph 13.
Consultant shall resume work upon the cancellation of the Stop Work Order. To the extent
that the Stop Work Order results in a documentable increase in the cost of performing the
Services or the time required for such performance, Consultant shall receive an equitable
adjustment in compensation or an extension of time for performance, as appropriate.
Cost Reimburs. Claims, DMG.doc
2
....
10. Delinouency. In the event that a proper invoice remains unpaid for more than 45 days after
submittal, Consultant may commence to charge interest of the unpaid amounts at the lesser
of 1.5% per month or the maximum rate allowed under applicable usury laws. In addition,
Consultant may suspend the performance of the Services after giving Town 10 days notice
of its intent to do so. In the event of such suspension, the Base Fee shall be increased to
include Consultant's reasonable costs of suspending and restarting the Services.
11. Termination of Contract. It is expressly understood that either party shall have the right to
terminate this agreement within five (5) days written notice to the other party. In such event,
Consultant shall deliver to the Town copies of all finished and unfinished surveys, studies,
documents, computer disks, and/or reports pertaining to the contract, and Consultant shall
be entitled to receive just and equitable compensation for any satisfactory work completed
as determined by the Town.
12. Discrimination. In the performance of the terms of this Agreement, Consultant shall not
engage in nor permit others he may employ to engage in discrimination in the employment
of such persons based on race, color, religion, sex, sexual preference, age, or handicapped
conditions.
13. Miscellaneous.
A. Other Contract Provisions. Other contract provisions are set forth in Exhibit A. To
the extent that there are any inconsistencies with such Exhibit and the other portions
of this Agreement, the latter shall prevail.
B. Governing Law. This Agreement shall be governed by the laws of the State of
California.
C. Severability. If any prOVISion of this Agreement is found to be invalid or
unenforceable, the validity and enforceability of the remaining portions shall not be
affected unless the effect thereof would materially change the economic burden on
either party.
D. Successors in Interest: Assignment. This Agreement shall be binding on the assigns
and successors in interest to both parties. Neither party may assign their obligations
under this Agreement without the written consent of the other party.
E. Entire Agreement. Amendment. This Agreement represents the entire Agreement
between the parties. This Agreement may only be amended in writing.
CostReimburs. Claims, DMG.doc
3
IN WITNESS WHEREOF the parties hereto have caused their duly authorized representatives to
execute this Agreement the day and year above written.
CONSULTANT
TOWN OF TffiURON
J. Bradley Burgess, Vice President
DMG-MAXlMUS
AlexD. Mcintyre, Town Manager
APPROVED AS TO FORM:
Ann R. Danforth, Town Attorney
CostReimburs. Claims, DMG.doc
4
-"
AXIMUS
EXHIBIT NO.~
Helping Government Serve The People
Sent Via Fax to ~15-789-2828
Januar\{ 17, 2001
Chief Matt Odetto
Police Department
Cit\{ Of Tiburon
"55 Tiburon
Tiburon, CA 9~920
Subjecr:
Srare Mandared Cost Claiming Services
Dear Chief Odetto:
DMG-MAXlMUS is pleased to submit this proposal to provide comprehensive State
Mandated Cost Claiming Services to the Cit\{ of Tiburon's Police Department for the
2000-2001 fiscal\{ear claiming opportunities. As discussed, due to the passing of the
annual claims deadline and the nearness of the upcoming Peace Officer Bill of Rights
deadline, those claims will Iikel\{ have to be filed late, however, the\{ will still be eligible for
reimbursement. We propose to prepare, file, and respond to an\{ State questions related to
those claims. Our services include all claiming opportunities for the Police Department which
the State Controller issues claiming instructions during the fiscal \{ear. There are other
opportunities for other Cit\{ departments, and we would be most pleased to assist an\{ or all
of those departments. The major departments include Finance, Planning, Cit\{ Clerk, and Fire.
All opportunities listed beginning on the following page are described under the following
two headings:
~ Annual Claiming Opportunities
~ All Other Claiming Opportunities
Those related to the Police Department are in italics and noted with an asterisk. This
proposal is structured to include the proposed claiming opportunities, our firm's approach to
\{our Cit\{'s claiming effort, advantages of DMG-MAXiMUS' service, and costs and method of
pa\{ment for this project.
Our Consultant fees have been reimbursed full\{ b\{ the State for over ten \{ears and \{OU
should expect most, if not all, of our fee to be reimbursed from the State for our claiming
services. In other words, there should be no cost to the Department. We currentl\{ serve
over 200 cities and counties and would welcome the opportunit\{ to serve the Cit\{ of
Tiburon.
4320 Auburn Boulevard, Suite 2000 . Sacramento, CA 95841 . 916.485.8102 . FAX 916.485.0111
I
PROPOSED CWMING OPPORTUNITIES
I
Annual Claiming OpponunlUes
Annual claims are those claims that are funded in the State Budget and are due on January 15.
These include actual cost reimbursement claims for fiscal year 1999-2000 as well as estimated
reimbursement claims for the 2000-2001 fiscal year. The possible annual claims for all
departments are listed below. The law enforcement claims are shown in italics with an
asterisk:
~ Absentee Ballots u Election costs associated with issuing and processing absentee ballots.
., Domestic Violence Arrest Policies & Procedures' -- reimburses the cost of developing
a revised policy, training employees and carrying out additional activities during each respective
domestic violence incident.
., Open Meetings Act u Agenda preparation, editing, review and posting costs required by the
Ralph M. Brown Act.
., MiJndiJte Reimbursement Process' u Costs of preparing reimbursement claims,
participating in the SB 90 and test claims process: including all DMG-MAXIMU5' fees and local
agency staff time.
~ PeiJce Officers' CiJncer Presumption' u Worker's compensation, benefits, administrative
and legal costs in peace officer cancer cases.
., Brendon McGuire Act u Election costs incurred by an agency in the event that an eiected
candidate dies before taking office.
., Regional Housing Need Assessment u provides for reimbursement of costs incurred
bringing the housing element into compliance with the regional housing need assessment.
., Two-way Traffic Signal Communication Controller u requires local agencies to
purchase traffic signals that comply With new state requirements when replacing two-way traffic
signais.
., Stolen Vehicle NotificiJtion' -- Notifying vehicle owners or operators regarding the
location of their stolen vehicle.
., RiJpe Victim Counseling Center Notices' -- Providing rape victims information regarding
counseling and treatment services.
., MisdemeiJnors: Booking & Fingerprinting' u Time to provide misdemeanant verification
that they were booked and fingerprinted.
~ Investment Reports u Rendering Quarterly Investment Reports to the local governing body,
and preparing the Annual Statement of Investment Policy.
., ThreiJts AgiJinst PeiJce Officers 'u Requiring local entities to pay moving expenses if there
are credible threats against the safety of either the peace officer or immediate family members.
~ Airport land Use Planning -- the requirements of this mandate apply in cases where a city
participates in an Airport Land Use Commission.
IAXIMUS
- 2 -
January 17, 2001
~
Other OpponunlUes - Claims Approved By The Commission On State Mandates
There is one other law enforcement claims where the Commission has already determined
thar reimbursable state mandated costs exist and Controller's claiming instructions have been
released. That claim is the following:
)> Peace Officers 8ill of Rights" - includes the costs of personal/labor relations, legal
counsel, and law enforcement officers that are involved in POBR mallers ro the extent that
exceed Skelley requirements. Claiming instructions for this claim should be released
early in fiscal years 2000-2001. This claim is due on lanuary 30, 2001 and cities can claim
costs beginning with the 199{,-95 fiscal year.
New Claims Pending Approval By The State
In addition to the claims already approved, there are also several other claims that are
pending before the Commission, which appear to have excellent chances for approval. In
some cases, rhe only question is the scope of the mandate and not whether a reimbursable
mandate exists. The claims in this category include the following:
)> Megan's Law" - requires law enforcement agencies to provide a public access system
containing video photographs of sex offenders.
)> Stray Animals <Animal Adoption) - requires cities and counties to provide a wide
range of new services to stray animals.
)> Law Enforcement: Elder Abuse Training" - requires all peace officers at the
supervisory level or below that has field or investigative duties to complete training in
elder abuse.
)> Sex Crimes Confidentiality" - requires victims of sex crimes to be notified they have
the right to keep their name and address confidential. and if requested, the law
enforcement agency musr do so.
)> Domestic Violence Incident Reporting and Treatment Services" - requires law
enforcement to prepare an additional report at each domestic violence case.
)> Drunk Driver License Suspension (Admin Per Se)" - reimburses peace officers
costs for rhe rime spent in the suspension or revoking of driver licenses when a driver is
arrested for driving under the influence.
)> Sexual Harassment Training in the Law Enforcement Workplace" - reimburses the
trainers and law enforcement officers receiving sexual harassment training.
)> Photographic Record of Evidence" - requires law enforcement agencies to provide a
photographic record of evidence in lieu of actual drugs for court proceedings.
IAXIMUS
- 3 -
January '7, 2001
)> California Fire Incident Reporting System - the initial equipment and training on the
computer system should be reimbursable, the state is still contesting the additional time to
complete the reports.
)> Health Benefits for Survivors of Peace Officers and Firefighters" - provides for
fully paid benefits for the spouse and any dependent children of a peace officer or
firefighter that had a job related death.
)> Grand Jury Proceedings - reimburses cities for the time to prepare responses to
County Grand Jury reports.
We anticipate rhat some of these claims will be processed before the end of the 2000-2001
fiscal year.
Other Benefits and Services
Included as part of services provided for the cost proposed, DMG-MAXIMUS provides the
most comprehensive services available to any city. These services include:
· ComplimentarIlM~thJlI_NeJN'~letter - Our newsleller helps to keep the City on top
of current issues and forthcoming claiming opportunities. A sample copy is included at
the end of this proposal.
. FuN-time Arrornell available if the need arises - DMG-MAXIMUS has a full-time,
senior allorney, Ms. Pamela Stone, available to provide limited consultation with the City if
applicable mandate legal issues should arise. This process is becoming more legalistic,
and DMG-MAXIMUS found it necessary to have a legal advisor available to help with
current issues or to assist the City if it should be interested in pursuing a new test claim
with rhe Commission on State Mandates. Any actual test claim or incorrect reduction
claims preparation will be covered in a separate agreement.
. 50.% Disco.unrtor. the C.'Jlif~rniaCities_5B__9~_ Secvke - DMG-MAXlMUS offers
membership in the California Cities SB 90 Service. This Service, endorsed by the League
of California Cities, offers cities a wide range of benefits in the mandated cost area. If the
City is interested in the service, all of our clients are eligible to receive the service for a
5070 discount.
DMG-MAXIMUS is the clear leader in providing quality services to cities to maximize its
claims.
DMG-MAXIMUS proposes to work with City staff as far in advance as possible to begin
documenting costs, even before the applicable claiming instructions are released. DMG-
MAXIMUS will do everything possible to minimize any additional work or disruption on other
local staff activities.
IAXlMUS
- {, -
January 17, 2001
~
OUR ApPROACH TO CLAIMING
TAilORED To FIT YOUR CITY
This section describes the general approach for meeting the various claiming deadlines and
requirements for the state mandated cost claiming process. We will tailor our approach to fit
your City's specific situation.
To make sure there is a complete understanding between all parties, DMG-MAXIMUS has
developed the following approach that should result in the highest supportable
reimbursement possible. The following steps will be taken by DMG-MAXIMUS to complete
each claiming cycle:
}> Complete Planning & Scheduling - For each claiming cycle, DMG-MAXIMUS will work with
the Department to develop separate plans and schedules for completing claims. The plan will
also identify the roles and responsibilities of all persons involved with the process and the tasks
to be completed. Specificallv, these activities include:
. DMG-MAXIMUS consultants will contact the Department's designated Mandated Cost
Claims Coordinator to discuss the approach and tentative schedule for work complerion.
DMG-MAXIMUS will also work with the Coordinator to identify all primary contacts.
. DMG-MAXIMUS will contact each program liaison and provide rhem with information on
the specific mandate reimbursemenr needs required to file claims,
}> Documentation Procedures & Data Collection - DMG-MAXIMUS will work with rhe
Department to establish the necessary procedures to document and track the data needed ro
support each claim. DMG-MAXIMUS will collect mandated program information and help City
personnel undersrand what tasks are specificallv reimbursable through the mandated cost
process.
}> Collect Cit'l Expenditure Data & Compensation Information - A key step in the data
collection process is to obtain all required financial data from the Ciry's Finance Office. DMG-
MAXIMUS will garher salary and benefit information and the annual expenditure report.
}> Prepare & File Claims - As the claims are prepared, DMG-MAXIMUS will inform the
Department's Mandated Claims Coordinator if there are any problems, and assist in resolving
those problems. After completion of the claims, DMG-MAXIMUS will send the claims to the City
for review and signature. Finallv, DMG-MAXIMUS will deliver the signed claims to the State
Controller bV the deadline.
~ Provide On-Going Support & Respond to State Requests - After the claims are filed with
the Srate, DMG-MAXIMUS will send the Department a receipt listing all claims that were filed
and the amounts claimed. This claims receipr will be signed by a representative from the Srare
Controller's Office signifying rimelv claims submission. We will also respond to requests from the
Controller's staff and provide on-going assistance rhroughout the year. Due to the nature of
mulriple claiming cycles, DMG-MAXIMUS will maintain communications with the Departmenr
throughout the year.
IAXIMUS
- 5 -
January 17, 2001
I
DMG -MAXIM US: ADVANTAGES Of OUR SERVICE
I
DMG-MAXIMUS is California's leading firm dedicated to providing the public sector
with creative revenue enhancement alternatives. Calculating the full costs of
government services is the cornerstone to maximizing our clients' revenues. We
believe that our expertise will enable your agency to maximize state mandated claims
reimbursement with as lillle effort or disruption to your operation as possible. The
advantages of DMG-MAXlMUS' services include:
o Knowledge & Experience
DMG-MAXIMUs has specialized in the state mandated cost area for over '5 years. Our
staff has prepared state mandated cost claims for over 300 local cities, counties, and
districts in California. DMG-MAXIMUS' advice and assistance is often sought bV the
Srate Department of Finance, the Controller's Office, the Commission on Srate Mandates,
and Stare legislative committees.
o Expert Staff
Our firm has the largest full-time staff in the industry, over 20 professional consultants
and support staff, dedicated solelv ro the research and prepararion of state mandated
cost claims to identify the exact components that are eligible for reimbursement. We
work closelv with the State Controller's staff and are often involved in the development
and ediring of claiming instructions.
This access and involvement provides our consultants with invaluable insight, which is
essential to high qualitv claim preparation. Our offices are located throughout
California.
o Service
We feel that our high level of customer service and attention to detail has lead to our
success. Almost all of our state mandated service clients are long-term, repeat clients.
Our service doesn'r end with the submission of your claims. Responding to State
Controller's audits, challenging reductions ro your claims, and assisting you in state
mandated revenue tracking are examples of our on-going service.
o Increased Recovery For Your Agency
Our expertise translates directlv into higher reimbursements for our clients. Not only are
you assured that all eligible direct costs will be captured, but our cost accounting
emphasis enables us to work with the City in identifying and documenting additional costs
that can be claimed in the future.
o Reputation For Quality
DMG-MAXIMUS takes pride in our reputation for technical accuracy -- a critical
considerarion given the increasing scrutiny imposed by State auditors on cost accounting
applications. The League of California Cities has endorsed rhe California Cities SB 90
Service provided by DMG-MAXIMUS for the past thirteen years and our County
Mandared Cost Service is sponsored by the California State Associarlon of Counties.
IAXlMUS
- 7 -
January '7, 2001
-"-
I
COSTS AND METHOD OF PAYMENT
I
This section describes the cost and payment arrangements for DMG-MAXIMUS' State
Mandated Cost Claiming services for the Tiburon Police Department or all claims
which are eligible for the entire City.
. All Law Enforcement Claims: Contingent Fee
We propose to complete all annual and other new or first-time state mandated
cost reimbursement law enforcement claims where State Controller claiming
instructions are issued in the 2000-2001 and 2001-2002 fiscal years for a
contingent fee of 3070 to a maximum of nine thousand dollars ($9,000). These
fees. which in no case shall exceed the maximum amount listed above, are due
within four weeks of City receipt of reimbursement from the State.
OR
. All City Claims: Contingent Fee
We propose to complete all annual and other new or first-time state mandated
cost reimbursement claims where State Controller claiming instructions are
issued in the 2000-2001 and 2001-2002 fiscal years for a contingent fee of 3070
to a maximum of eleven thousand five hundred dollars ($11,500). These fees,
which in no case shall exceed the maximum amount listed above, are due within
four weeks of City receipt of reimbursement from the State.
DMG-MAXIMUS is very flexible, and will gladly tailor a payment approach to meet
your City's preferences. If your agency prefers to structure this agreement differently
rhan what is presented in this proposal, we would be pleased to discuss it with you.
Thank you for considering our proposal. If you have any questions, please contact me
in our Sacramento office at (916) {,85-8Io2. We hope to have the opportunity to work
with 'Lou and your staff.
Sincerely,
1"
IAXIMUS
- 8 -
january '7, 2001
~
TOWN OF TIBURON
STAFF REPORT
ITEM NO.
5
From:
Mayor and Members of the Town Council
Alex D. McIntyre, Town Manager ~
To:
Subject:
Retention of an Interim Public Works Director
Date:
February 2, 200 I
In December 2000, the Town Council authorized me to create and retain a full-time Public Works
Director/Town Engineer position. I have received proposals from executive recruiters and am
exploring other options to fill the position permanently In the mean time, I would like to fill the
position on an interim basis in order to initiate a number of Public WorkslEngineering programs.
I have approached James Wilson who is a Town resident and registered engineer and architect
with the State of California. In conjunction with John Kern, Jim has been instrumental recently in
providing construction management of the new Town Hall and Police Department facilities. His
knowledge of the Town, experience with the community, and skills in project management make
him an ideal candidate to fill the position on a temporary basis.
Jim will work closely with Schwartz and Associates to manage ongoing projects and begin the
oversight ofa number of Town public works projects.
We have tentatively agreed to retain Jim for $50 per hour for up to 30 hours per week. He will
begin work on Monday, February 12, 2001 and his term will expire on or about May 11,2001.
Thereafter, he will work on a week-by-week basis until the position is filled permanently. Jim has
expressed an interest in filling this position only on an interim basis; he is not interested in the
permanent assignment.
Recommendation
It is recommended that the Town Council authorize the Town manager to enter into an
Agreement for Professional Services between the Town and James Wilson for Acting Director of
Public Works services
Attachment
"
AGREEMENT BETWEEN THE TOWN OF
TIBURON AND JAMES WILSON. P.E.. R.A.. FOR
THE PROVISION OF PROFESSION SERVICES -
ACTING DIRECTOR OF PUBLIC WORKS
$/0>
i/I}' 41 /;:>
ts):)
t,l
TIllS AGREEMENT, made and entered this twelfth day of February, 2001, by and between the
TOWN OF TffiURON, a political subdivision of the State ofCalifomia, hereinafter called "Town,"
and JAMES WILSON, hereinafter referred to as "Acting Director of Public Works" or "Acting
Director."
RECITALS
A. The Town has a Department of Public Works and a contract Town Engineer. The Engineer
and the Department of Public Works both require oversight by a department head level
Engineer acting under the direct supervision of the Town Manager.
B. The Town expects to retain a full-time, in-house Director of Public Works that will serve as
the Town Engineer and will manage the Department of Public Works. However, recruitment
of this individual may take a considerable period of time. The Town therefore finds it
necessary to contract for an Acting Director of Public Works to serve under the Town
Manager.
C. The Acting Director has the skill, experience, ability, background, certification and
knowledge to manage the Department of Public Works and oversee the current contract
Town Engineer. The Town therefore desires to retain him as a qualified independent
contractor, subject to the direction of the Town Manager. The parties wish to contract for
the Acting Director to provide said services to the Town as provided herein.
AGREEMENT
1. Scope of Services. The Acting Director of Public Works shall manage the Department of
Public Works, oversee the current contract Town Engineer, and undertake other tasks
appropriate to the position of Director of Public Works, all as directed by the Town
Manager.
2. Comoensation. The Acting Director of Public Works' compensation shall be Fifty Dollars
($50) per hour, up to a maximum of thirty (30) hours per week. The Acting Director shall
submit bills for said Services on a montWy basis, which shall be due within 30 days of receipt
by the Town.
3. Standard of Work: Indemnity. Town has relied on the professional training and ability of the
Acting Director of Public Works to perform the services hereunder as a material inducement
IWTMAlMADanfarthlPublic WarkslAgreements, misclDirofPw' Acting, Wilson. doc
to enter into this Agreement. The Acting Director of Public Works shall perform the
services in a skillful and professional manner compatible with applicable legal requirements
and the standard of quality ordinarily to be expected of competent professionals in the Acting
Director's field of expertise.
4. Acting Director as Indeoendent Contractor' Indemnity. The Acting Director of Public
Works is not an agent or employee ofthe Town but is an independent contractor not subject
to the direction and control of the Town. Without limiting the foregoing, Company shall
maintain complete control of its operations and personnel and shall be solely liable and
responsible to pay all required salaries, wages, expenses, taxes and other obligations.
Notwithstanding the foregoing, in providing services under this Agreement, the Acting
Director shall be acting as a Town Official. Therefore, with respect to claims that may be
asserted by third parties arising from the Acting Director's provision of services as a Town
official, the Acting Director shall be entitled to assert any immunities or similar defenses that
would be available to the Town in defense of such actions against a Town official. The
Town will also indemnify and defend the Acting Director against any claims that the Town
would be required to defend against for actions by an in-house Director of Public Works.
5. Audit of Books and Records. Town may, in its sole discretion, undertake an independent
audit and/or evaluation of the Acting Director of Public Works' records and accounts of
expenditures and activities of his performance under this Agreement at Town's own expense.
All such records shall be maintained for period of at least three years after the termination
of this Agreement. The Acting Director of Public Works shall furnish all items necessary in
the Town's discretion to complete said audit and/or evaluation subject to restrictions on
confidentiality limited to expenditure or receipt of program funds, and program quality.
6. Insurance. The Acting Director of Public Works shall maintain insurance as set forth below.
Town shall be added as an additional insured to all required insurance policies:
A. Comprehensive General Liability: Combined single limit of $1,000,000 for each
single occurrence for bodily injury, personal injury and property damages; umbrella
policy raising the limit to $2,000,000.
B. Comprehensive Automobile Liability: Combined single limit of$I,OOO,OOO for each
single occurrence for bodily injury and property damages; umbrella policy raising the
limit to $2,000,000.
C. The insurance required under paragraphs A and B, above, shall be endorsed with
language covering the Town, its officials, officers, employees, agents and volunteers.
Such coverage shall be primary insurance to the Town, its officials, officers,
employees, agents and volunteers and shall act as though a separate policy had been
written for each. Any failure to comply with the reporting requirements of the
policies shall not affect coverage provided to the Town, its officials, officers,
\WTMAlMADanforthlPublic Works \Agreements, miscIDirofPW; Acting, Wi/son.doc
.h
employees, agents and volunteers.
D. The insurance required by this Paragraph shall not be suspended, voided, canceled
or reduced in coverage or in limits except after thirty days written notice has been
received by the Town.
E. Evidence of compliance with the insurance and endorsement requirements of this
Paragraph shall be subject to the approval of the Town Attorney.
7. Ownershio of Documents: Re-Use: Indemnity. All plans, studies, documents and other
writings prepared for and by the Acting Director of Public Works, his officers,
employees and agents and subcontractors in the course of performing the Services shall
be the property of Town and Town shall have the sole right to use such materials in its
discretion without further compensation to Company or to any other party. Company
shall, upon request, provide such materials to Town.
Town acknowledges that such documents are prepared for use only in connection with
particular projects. The Acting Director of Public Works makes no representation that
said documents are suitable for re-use on any other project or on any expansion of the
original project. Any such re-use by Town without specific written approval by the
Acting Director shall be at Town's sole risk. Town shall indemnify and hold the Acting
Director hannless from all claims, losses, damages and expenses, including attorneys
fees, that may arise from Town's unauthorized re-use of said documents for another
project or for any expansion of the Project.
8. Licenses. The Acting Director of Public Works represents and warrants to Town that he has
all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are
legally required of the Acting Director to practice his profession. The Acting Director
represents and warrants to Town that he shall, at his sole cost and expense, keep in effect
or obtain at all times during the term of this Agreement, any licenses, permits, insurance and
approvals that are legally required of the Acting Director to practice his profession.
9. Term of Contract. This Contract shall begin on February 12, 2001, and continue for a Term
of three months. After May 12, 2001, the Contract shall renew automatically for terms of
one week unless and until either party gives seven days notice of intent not to renew.
10. Termination of Contract. This Agreement may be terminated immediately by Town for
cause. During the initial five month Term, the Agreement may be terminated by either party
without cause upon 30 days notice of termination to the other party. After the initial Term,
termination without cause shall be by notice of non-renewal, as set forth in Section 10. In
event of termination, the Acting Director of Public Works shall deliver to the Town copies
of all finished and unfinished surveys, studies, documents, computer disks, and/or reports
pertaining to the Services. The Acting Director shall be entitled to receive just and equitable
compensation for any satisfactory work completed as determined by the Town.
IWTMAlMADanfarthlPublic WorkslAgreements, misc\DirofPW, Acting, Wilson.doc
11. Discrimination. In the performance of the terms of this Agreement, the Acting Director of
Public Works shall not engage in discrimination in the employment of such persons based
on race, color, religion, sex, sexual preference, age, or handicapped conditions.
12. Mediation. The parties will make a good faith attempt to resolve any disputes arising from
this Agreement through mediation prior to initiating litigation. The parties shall mutually
agree upon a mediator and shall share the costs of mediation equally. If the parties are
unable to agree upon a mediator, the dispute shall be submitted to JAMSIENDISPUTE
("JAMS") or its successor in interest. JAMS shall provide the parties with the names offive
qualified mediators. Each party shall have the option to strike two of the five mediators
selected by JAMS and the mediator thereafter remaining shall hear the dispute.
13. Miscellaneous.
A. Governimr Law. The laws of the State of California shall govern this Agreement.
B. Severability. If any provision of this Agreement is found' to be invalid or
unenforceable, the remaining portions shall remain valid and enforceable unless the
effect thereof would materially change the economic burden on either party.
C. Successors in Interest: Assignment. This Agreement shall be binding on the assigns
and successors in interest to both parties. Neither party may assign their obligations
under this Agreement without the written consent of the other party.
D. Entire Al!;reement: Amendment. This Agreement represents the entire Agreement
between the parties. This Agreement may only be amended in writing.
IN WITNESS WHEREOF the parties hereto have caused their duly authorized representatives to
execute this Agreement the day and year above written.
JAMES WILSON, PE., R.A.
TOWN OF TffiURON
By:
JAMES WILSON, P.E., R.A.
By:
Alex D. McIntyre
Town Manager
APPROVED AS TO FORM:
Ann R. Danforth, Town Attorney
IWTMAIN\ADanforthlPublic WarkslAgreements, miscIDirofPw' Acting, Wilson.doc
"'-
TIBURON TOWN COUNCIL
STAFF REPORT
FEBRUARY 7, 2001 ITEM:
TOWN COUNCIL
RICHARD STRANZL, FINANCE DIRECTOR
SIGNATURE AUTHORIZATION (AMENDING RESOLUTION)
(0
MEETING:
TO:
FROM:
SUBJECT:
CONSENT
BACKGROUND:
This item for adoption of a amending Resolution concerning signature authorizations of Town
Council and Staff members. This action is required because of the resignation of Council member
Hennessy and the subsequent lIPpointment of Council member JeffreY Slavitz.
RECOMMENDA nON:
Town Council adopt the draft resolution (that replaces Town Resolution No. 3444, dated
September 20, 2000).
ATIACHMENTS:
I. Draft Resolution
~
R. S tranzl
I
';
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TffiURON AUTHORIZING THE SIGNING AND
ENDORSING OF CHECKS AND OTHER INSTRUMENTS OF PAYMENT
& ACCESS TO DOCUMENTS RETAINED IN SAFEKEEPING
WHEREAS, it is necessary for the Town of Tiburon to establish policies authorizing which
employees and officials may sign and endorse checks and other instruments of payment on behalf of the
Town, and which employees may have authorization for access to Town documents held in safekeeping:
NOW THEREFORE, BE IT RESOLVED THAT:
1. The Bank of America, Tiburon Branch, shall be the depository for all funds of the Town
of Tiburon. Commercial accounts shall be established and maintained by and in the name of the Town of
Tiburon and its Redevelopment Agency at the designated bank upon and subject to such terms as may be
agreed to from time to time.
2. All checks, drafts and other instruments for payment from the Town's commercial General
and Redevelopment Agency accounts in the amount of$2,500.00 or less, or relating to the Town's state
and federal payroll tax obligations or PERS retirement or health insurance benefit obligations in any
amount shall be signed on behalf of the Town by any two (2) of the following people: Town Manager
Alex McIntyre, Finance Director Richard Stranzl, Town Treasurer, or any member of the current Town
Council (Mogens Bach, Tom Gram, Harry Matthews, Jeffery Slavitz, Andrew Thompson).
3. All payroll, payroll payable, and payroll benefit checks shall be signed by the Town
Manager, or in his absence, the Town Finance Director or Town Treasurer, or any member of the Town
Council.
4. All other checks, drafts and instruments for payment shall be signed on behalf of the Town
and its Redevelopment Agency by the Town Manager, Finance Director or Town Treasurer and by one
member of the Town Council (Board of Directors of the Tiburon Redevelopment Agency).
5. All checks, drafts or other instruments for payment made payable to the Town ofTiburon
may be endorsed for deposit by written or stamped endorsement in the name of the Town ofTiburon
(Tiburon Redevelopment Agency) without individual signatures.
6. Staff is directed to provide a certified copy of this resolution to the Bank of America along
with signature authorization forms which include signatures of the individuals currently holding the
following positions: Town Manager, Finance Director, Town Treasurer, and Town Council members.
The Town Clerk shall inform the Bank of America of any changes in these positions and provide new
signature cards when necessary.
7. The Bank of America is requested and authorized to honor, receive, certifY or pay any
instrument signed or endorsed in accordance with this Resolution. This Resolution and signature
authorization forms submitted by the Town Clerk shall remain in full force and effect, and the Bank is
authorized and requested to rely and act thereon, until such time as the Bank receives written notice of
1
any changes from the Town Clerk.
8. The Bank of America, Tiburon Branch is the location off our Safe Deposit Boxes that the
Town rents from the Banle The following employees of the Town are authorized by signature to place,
extract, or review items held in safekeeping: Town Manager Alex McIntyre, Finance Director Richard
Stranzl, and Town Clerk, Diane Crane Iacopi.
As adopted this resolution replaces Resolution No. 3444 (dated September 20,2000)
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town ofTiburon on
February 7, 2001, by the following vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
BY:
ANDREW THOMPSON, MAYOR
Town ofTiburon
ATTEST
DIANE CRANE IACOPI, TOWN CLERK
2
-"
TIBURON TOWN COUNCIL
STAFF REPORT
MEETING:
TO:
FROM:
FEBRUARY 7, 2001 ITEM: 1-
TOWN COUNCIL
RICHARD STRANZL, FINANCE DIRECTOR
MA IT ODEITO, POLICE CHIEF
CALIFORNIA HIGHWAY PATROL DEMOGRAPHIC DATA COLLECTION
PROGRAM GRANT (Resolution Approving Grant Application)
SUBJECT:
BACKGROUND
This item is for adoption of a resolution approving the application for want funds from the
California Highway Patrol (CHP) Demographic Data Collection Program.
DISCUSSION
Chief Odetto has expressed interest in, and recommends the Town's voluntary participation in,
the above-referenced Program. In accordance with Program guidelines participating agencies
would be required to collect traffic stop data for the two-year period including May I, 200 I to
April 30, 2003. Tiburon Police Department costs associated with collating the data into report
form would be reimbursed by the grant ($5,000 grant).
RECOMMENDATION
It is recommended that the Town Council adopt the attached resolution supporting the Program
objectives and approving the filing of application documents with the California Highway Patrol
Office of Research and Planning.
ATTACHMENTS
I. Letter, CHP Commissioner Helmick to Chief Odetto (January 10, 200 I)
2. Resolution
<~
R. Stranzl
I
State of California-Business, Transportation and Housing Agency
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
P.O. Box 942898
Sacramento, CA 94298-0001
(916) 657-7152
(800) 735-2929 (TTfTDD)
(800) 735-2922 (Voice)
GRAY DAVIS, Governor
"
January 10,2001
File No.: I.A08871.5.DA T AL TR.
Matt Odetto, Chief
Tiburon Police Department
1155 Tiburon Boulevard
Tiburon, CA 95640
Dear Chief Odetto:
Thank you for notifying us of your interest in participating in Governor Davis' voluntary racial
profiling data collection program. As mentioned in our July 17,2000, letter regarding the grant
program, we will require you to complete and return the enclosed application. Once your
application is received and processed, a standard agreement which details your participation in
the program will be forwarded to you. Upon return of your signed standard agreement, our
Contracts Management Unit will forward the package to our Accounting Section for issuance of
payment to your agency.
Once the standard agreement is executed, you will be required to collect traffic stop data for the
period May 1,2001, through April 30, 2003, and submit your data by May 15th of each year to
the California Highway Patrol (CHP). At a minimum, you are required to collect five categories
of data: race, age, gender, result of traffic stop (e.g., citation, verbal warning, written warning or
arrest), and whether or not a vehicle was searched. The amount of funding you receive to offset
costs incurred to collect this data is based upon the number of sworn personnel employed by your
agency. However, your agency may be eligible to receive additional funding if not all local law
enforcement agencies in California choose to participate in the grant program.
Please complete and return your application within ten days of receipt to the CHP's Office of
Research and Planning at the address listed above, attention: Ms. Patricia Sliney. If you have
any questions regarding the application package or the racial profiling data collection grant
pr ,lease contact Ms. Sliney at (916) 657-7237.
D. O. HELMICK
Commissioner
Enclosure
~
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON, CALIFORNIA, SUPPORTING
THE CONCEPTS AND EFFORTS OF THE
CALIFORNIA HIGHWAY PATROL IN A TRAFFIC STOP
DEMOGRAPHIC DATA COLLECTION GRANT PROGRAM
WHEREAS, The California Highway Patrol has received grant funds to distribute monies to
those participating California local law enforcement agencies to offset the costs created by traffic stop
demographic data collection; and
WHEREAS, the Town ofTiburon is located within the geographic area where data collection is
to occur; and
WHEREAS, the Grant allows funds for local law enforcement; and
WHEREAS, the collecting of demographic data is important in acting as a deterrent to racial
profiling.
NOW, THEREFORE, IT IS RESOLVED that the Town Council of the Town of Tiburon
expresses strong support in the collection of traffic stop demographic data; and Staff is directed to
submit application documents to the California Highway Patrol Office of Research and Planning.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon
on, February 17 20001, by the following vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
ANDREW THOMPSON, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI
TOWN CLERK
....
TIBURON TOWN COUNCIL
STAFF REPORT
MEETING:
TO:
FROM:
SUBJECT:
FEBRUARY 7,2001
TOWN COUNCIL
RICHARD STRANZL, FINANCE DIRECTOR
SUPPLEMENT AL LAW ENFORCEMENT FUNDS (Adopt Resolution to
Appropriate Funds for Standardization of Police Department Weaponry Stock)
ITEM:
~
CONSENT
BACKGROUND:
This item is for approval ofa resolution authorizing the appropriation of$15,100 of Supplemental
Law Enforcement Services Funds (COPS monies), to be used for the purpose of standardizing the
weapons stock of the Tiburon Police Department.
DISCUSSION:
Chief of Police Matt Odetto brought to management attention a potential health and safety
problem associated with the lack of standardization in the weapons equipment of the Police
Department (attached is a memorandum from ChiefOdetto wherein his concerns are outlined.)
The Chief has secured an estimate of the cost required to standardize the stock (approximately
$15,100). The Town's SLESF/COPS Fund has current resources of$233,000. Use of these
monies is proscribed by State laws. The Town may utilize these monies in support of frontline
law enforcement personnel and programs. The proposed use of monies is appropriate and in
accordance with State guidelines.
RECOMMENDATION:
Town Council adopt the draft resolution, authorizing the appropriation of$15, 100 of
SLESF/COPS monies for the Chief of Police's plan to standardize this equipment stock, and in so
doing alleviate a potential health and safety problem.
ATTACHMENTS:
1. Draft Resolution
2. Memorandum (ChiefOdetto to Finance Director, 1/22/01)
~
R. S tranzl
1
TOWN OF TIBURON
MEMORANDUM
Police Department
From:
Richard Stranzl n .A'(
Matthew C. Odetto, Chief of Pol~>J -
justification for COPS money expenditure
January 22, 2001
To:
Subject:
Date:
Richard.
As we discussed this is a paragraph that outlines the use of the money.
There is a mix of weapons throughout the department. This is a potentially dangerous situation
because not all the weapons function the same or carry the same amount of ammunition. There is a
higher likelihood of an accidental discharge and a skills issue. In addition, the department has no
other weapons capable of dealing with situations that may justify the use of "Less Lethal"(bean bag
rounds). The standardization of these weapons is a safety issue.
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF T1BURON APPROVING AN EXPENDITURE PLAN
FOR THE UTILIZATION OF SUPPLEMENTAL LAW ENFORCEMENT FUNDS
( "COPS" MONIES) FOR THE PURPOSE OF STANDARDIZING
POLICE WEAPONRY EQUIPMENT
WHEREAS, Assembly Bill 3229, signed into law as Chapter 134, Statutes of 1996, establishes
the Citizens Option for Public Safety (COPS) Program; and
WHEREAS, the Governor recently signed an extension of the COPS program that provides
local government law enforcement jurisdictions with annual baseline funding in the amount of$100,000,
for frontline law enforcement personnel and other related equipment, and
WHEREAS, the Town Council, at a public hearing held in September 2000, approved of an
expenditure plan to utilize Supplemental Law Enforcement Funds (COPS) monies to: a full-time
DetectivelInvestigator; Department participation in the Countrywide MERA Program; defray ongoing
operating costs associated with patrol mobile computing units; and purchase mobile communications
and emergency equipment for use by frontline law enforcement personnel, and
WHEREAS, the Chief of Police has identified a health and safety concern, associated with the
lack of standardization in the weaponry stock of the Department, that may be addressed and mitigated
through the expenditure of COPS monies, and
WHEREAS, the proposed use of COPS funds is appropriate and in accordance with the State
legislative guidelines concerning the expenditure of COPS monies:
NOW, THEREFORE, IT IS RESOLVED by the Town Council of the Town of Tiburon to
approve the proposed and recommended use of COPS funds, and appropriates $15,100 of SLESF
n\monies for the purpose of acquiring standardized weaponry equipment that is used by frontline law
enforcement personnel of the Tiburon Police Department.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon
on, February 17 20001, by the following vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
ANDREW THOMPSON, MAYOR
TOWN OF TffiURON
ATTEST:
DIANE CRANE IACOPI
TOWN CLERK
...
I~ 4. 7
-
RESOLUTION NO. 03-2001
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TlliURON
IN SUPPORT OF MEASURE A-
THE T AMALP AIS UNION HIGH SCHOOL DISTRICT
$121 MILLION BOND MEASURE
WHEREAS, the Board of Trustees of the Tamalpais Union High School District
has ordered an election of March 6,2001 ("Measure A") to authorize the sale of up to
$121,000,000 in general obligation bonds for the purpose of upgrading and modernizing
all District facilities: Redwood, Tamalpais, Sir Francis Drake, San Andreas and Tamiscal
High Schools; and
WHEREAS, the bond measure provides that the funds will be used to renovate
facilities to address deterioration and structural, seismic and safety problems; upgrade
classrooms to accommodate current and future computer technology; build new science
labs to provide high-quality science instruction; repair or replace antiquated plumbing,
electrical and heating systems; upgrade and renovate gyms, locker room and athletic
fields and meet disability requirements; and
WHEREAS, the Town is aware that Tam, Drake and Redwood High Schools are
40 to 90 years old, with no bond revenues in forty years to support major school
upgrades; and
WHEREAS, by law, bond funds can only be spent on capital improvements, and
in addition, the District will establish a Citizen's Oversight Committee to monitor and
audit bond expenditures, and committees at each school site to monitor planning and
construction; and
WHEREAS, the District's high schools are an integral part of our respective
communities, with facilities used 365 days per year to serve students, parents and adults;
and
WHEREAS, the District high schools provide quality education to a growing
student population, with Tam, Redwood and Drake having achieved California
Distinguished School status, and Drake having achieved New American High School
status (Federal Program); and
WHEREAS, the modernization of the District's five high schools will complete
the K-12 modernization process begun in the District's ten elementary districts;
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of
Tiburon hereby expresses its support ofthe Tamalpais Union High School District's
March 6,2001 bond measure ("Measure A"), and encourages members of the community
to support the measure as well.
PASSED AND ADOPTED at a regular meeting of the Town Council on February
7,2001, by the following vote:
AYES:
NOES:
ABSENT:
ANDREW THOMPSON, MAYOR
TOWN OF TffiURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
...
CITY AND COUNTY OF SAN FRANCISCO
Ife~ ,()O,
OFFICE OF THE CITY AnORNEY
ID
-
LOUISE H. RENNE
City Attorney
RECEIVED
JAN 2 6 2001
ANDREW W. SCHWARTZ
Deputy City Attorney
DIRECT DtAL: (415) 554-4620
E-MAIL: andrew_schwartz@ci.sf.co.us
TOWN MANAGERS OFFICE
TOWN OF T1BURON
January 25, 2001
TO ALL CALIFORNIA CITY ATTORNEYS
Re: Chevron, USA. Inc. v. Cayetano (9TH Cir. 2000) 224 F.3d. 1030
Dear City Attorney:
In the above case, the Ninth Circuit sharply departed from well-settled law and ordered
thar a heightened standard of review should be applied to a price control law challenged as a
taking. The City and County of San Francisco will be filing an amicus curiae brief in the above
case in support of a petition for certiorari to the United States Supreme Court by the State of
Hawaii.' This is a request that your city join in the brief.
The Ninth Circuit decision could severely undermine the authority of state and local
governments to control the use of land in their jurisdiction. Not only is the Ninth Circuit's
decision legally deficient, as a policy matter the decision could significantly increase the
judiciary's ability to second-guess the wisdom and effectiveness of land use regulations made by
democrarically elected legislatures, including yours. While the Ninth Circuit purported to limit
the heightened standard of review it applied in this case to rent control and the narrow facts of
Chevron, the standard set by the Ninth Circuit could provide a vehicle for virtually unlimited
attacks on legislation concerning all areas of land use and other traditionally local issues.
In Chevron, Chevron challenged Act 257, passed by the Hawaiian legislature to temper
Hawaii's relatively high retail price of gasoline. (224 F.3d at p. 1033 & fn.3.) The Act limited to
15 percent of gross profit the amount of rent oil distributors could charge gasoline retailers who
leased company-owned filling stations. In a 2-1 decision, the Ninth Circuit ordered the district
court to apply a heightened standard of review to the Act under Nol/an v. California Coastal
Comm'n (1987) 483 U.S. 825 and Dolan v. City of Tigard (1994) 512 U.S. 374. (Id. at p. 1037.)
The majority decided that a trial was necessary to "predict" whether the statute would
substantially advance the avowed objective of the law, namely to reduce the retail price of
gasoline to consumers. The Court rejected the State's argument that the validity of a land use
ordinance should be evaluated under the traditional, more deferential, rational basis standard of
the due process clause in favor of a system that would allow a jury - after hearing evidence from
1 Hawaii has petitioned for certiorari on two questions: (I) Does the Takings Clause authorize a court to
invalidate state rent control or land use regulatory legislation on its face, without regard to whether it
diminishes economic value or use or causes any physical invasion of the plaintiffs property, when the
court concludes that the statute does not substantially advance a legislative purpose; and (2) Does the
facial constitutional validity of state legislation depend on whether a federal court predicts that it will
achieve its objective.
CiTY HALL ROOM 234 . 1 DR. CARLTON B. GOODLETT PLACE. SAN FRANCISCO, CALIFORNIA 941 02-0917
RECEPTION (415) 554-4700. FACSIMILE: (415) 554-4757
aocument2
CiTY AND COUNTY OF SAN FRANCISCO
OFFICE OF THE CiTY ATTORNEY
Page 2
January 25, 200 I
economists predicting the effect of the program - to determine whether the price controls would
be cost-effective.
In the amicus brief supporting Hawaii's petition for certiorari, San Francisco will argue
that decisions as to the wisdom and effectiveness of land use policies are best made by
democratIcally elected legislators. (Santa Monica Beach, Ltd. v. Superior Court (1999) 19
Cal.4lh 952.) Under the separation of powers doctrine, the Constitution vests the legislative and
executive branches with the authority to make social and economic policy. The Constitution
limits the role of the judiciary to restraining the arbitrary exercise of legislative and
administrative authority. (See, e.g. Penn Central Transportation Co. v. New York City (1978)
438 U.S. 104, 125.) Whether a price control such as that at issue in Chevron will have its
intended effect in a complex industry is usually the subject of lengthy legislative committee
hearings, in which testimony from a range of experts is taken and considered by the legislators to
fashion a policy that will promote the general health, safety and welfare. Predicting the impact
of price controls in an industry such as retail gasoline sales is quintessentially a legislati ve
function. The courts have no greater right to interfere with this policy than they have in dictating
zoning decisions, safety requirements for autos, or the proper procedure for pasteurizing milk.
The doctrine of federalism further provides that land use decisions are traditionally made
at the local level. (See, e.g. Hess v. Port Authority Trans-Hudson Corporation (1994) 513 U.S.
30,44 ["[R]egulation of land use [is] a function traditionally performed by local governments"].)
The United States Supreme Court recently affirmed the importance of this federal-state balance
over land and water use was in Solid Waste Agency of Northern Cook Countv v. United States
Armv Corps of Engineers (2001) 2001 WL 15333 at p. 33 ["Permitting respondents to claim
federal jurisdiction over ponds and mudflats falling within the "Migratory Bird Rule" would
result in a significanr impingement of the States' traditional and primary power over land and
water use."].) A federal court's review of land use decisions should be highly deferential to state
and local agencies.
The Legal Advocacy Committee of the California League of Cities urges all California
cities to join in San Francisco's brief. If your'city agrees to join, please complete the enclosed
form by February 16 and return it to our office. There is no cost to your city to join. If you are
unable to respond by February 16 because you must secure a decision of the governing body of
your city, you may still join in the brief by returning the form to us after February 16. It may be
necessary to notify the Court of your joinder by letter after the brief is filed. Please feel free to
call me at 415/554-4620 or Susan Cleveland at 415/554-6769 with any questions or suggestions.
Very truly yours,
LOUISE H. RENNE
az
ANDREW W. SCHWARTZ
Deputy City Attorney
DOCJMEN,2
...
TOWN OF TIBURON
STAFF REpORT
ITEM NO. /2--
MEETING DATE 2/7/2001
To: TOWN COUNCIL
From: SCOTT ANDERSON, PLANNING DIRECTOR *
Subject: AMENDMENTS TO CHAPTER 13D OF THE TffiURON MUNICIP AL CODE
REGARDING FLOOD DAMAGE PREVENTION
Date: JANUARY 24,2001
BACKGROUND
Periodically, the State of California and the Federal Emergency Management Agency (FEMA)
review the flood prevention ordinances of cities and counties to ensure conformance with recent
changes in the law and in FEMA's "model flood prevention ordinance". A recent review of the
Town's ordinance resulted in a letter from the State of California Department of Water Resources
requesting amendments to bring the ordinance into conformance with the latest model ordinance.
Conformance with the model ordinance is important in that it potentially affects flood insurance
rates and the ability to obtain flood insurance. While widespread flooding is not a common
occurrence in the Town ofTiburon, flood damage does occasionally occur in certain areas,
especially during major storms that coincide with a very high tide.
The Town's Flood Damage Prevention ordinance seeks to reduce flood damage by regulating the
base floor elevations of additions and new construction in those few "special flood hazard areas"
within the Town. These areas are focused in the Bel Aire neighborhood A complete list of
property addresses within the federally mapped special flood hazard areas is shown on Exhibit 1.
ANALYSIS
The amendments are minor in nature. Most of the changes requested by the State involve
amendments to, or the addition of, definitions A few new flood zone designations (none of which
occur at this time in Tiburon) have also been created and must nevertheless be reflected in the
Town's ordinance in the event that they should occur in the Town.
The proposed amendments do not change the flood zone designations of any property within the
Town ofTiburon. Only a revision of the FEMA flood maps could achieve that sort of change.
Tiburon T own Council
Staff Report
2/7/2001
However, because the amendments affect most sections of the ordinance, Staff found it expedient
to simply repeal the current ordinance and adopt a new one.
The proposed ordinance is attached as Exhibit 2. The current Chapter 13D is attached as
Exhibit 3.
The Planning Director would like to acknowledge Associate Planner Emi Theriault (currently on
maternity leave) for the bulk of the tedious work on this ordinance revision.
RECOMMENDA nON
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.
EXHIBITS
I. List of property addresses in Tiburon in special flood hazard areas.
2. Draft ordinance.
3. Current Chapter 13 D.
\municode\chap 13D tcreport.doc
Tihuron Town Council
SlajJReporl
2/7/2001
2
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-'
PROPERTIES LOCATED IN FLOOD HAZARD ZONE
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Marsh Road
Pamela Court
JAB
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EXHIBIT No._L
ORDINANCE NO. N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
REPEALING CHAPTER 13D (FLOOD DAMAGE PREVENTION) OF THE
MUNICIPAL CODE AND ADOPTING A NEW CHAPTER 13D
(FLOOD DAMAGE PREVENTION) OF THE TIBURON MUNICIPAL CODE
The Town Council of the Town of Tiburon does hereby ordain as follows:
Section 1.
Findings.
A. The Town Council has held public hearings on ,2001 and
2001, and has received and considered 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 changes and modifications made by this
Ordinance are necessary for the protection of the public health, safety, and welfare.
D. The Town Council has found that the changes and modifications made by this
Ordinance are consistent with the goals and policies of the Tiburon General Plan and other
ordinances and regulations.
Section 2.
Chapter 13D of the Tiburon Municipal Code Reoealed.
Chapter l3D of the Tiburon Municipal Code pertaining to flood damage prevention is
hereby repealed.
Section 3.
Chapter 13D (Flood Damage Prevention) Adopted.
Chapter 13D (Flood Damage Prevention) of the Tiburon Municipal Code is hereby
adopted to read as follows:
Town of Tiburon
Ordinance No.
N. S. Effective --/--/2001
EXHIBIT NO. ~
Sections:
13D-I
13D-2
13D-3
13D-4
13D-5
13D-6
130-7
13D-8
13D-9
13D-1O
13D-II
13D-12
13D-13
13D-14
13D-15
13D-16
13D-17
13D-18
13D-19
13D-20
13D-21
13D-22
Chapter 13D
FLOOD DAMAGE PREVENTION
Article I. General Provisions
Statutory authorization, findings of fact, purpose and methods.
Definitions .
Lands to which this chapter applies.
Basis for establishing the areas of special flood hazard,
Compliance.
Abrogation and greater restrictiOns,
Interpretation.
Warning and disclaimer of liability.
Article II. Administration
Establishment of development permit.
Designation of the floodplain administrator.
Duties and responsibilities of the floodplain administrator.
Article III. Standards of Construction
Standards of construction- Generall y.
Anchoring.
Construction materials and methods.
Elevation and floodproofing.
Standards for utilities.
Standards for subdivisions.
Standards for manufactured homes.
Standards for recreational vehicles.
Floodways.
Article IV. Variance Procedure
Appeal board.
Conditions for variances.
Town ofTiburon
Ordinance No.
NS.
Effective --/--/2001
1
Article I. General Provisions
13D-l Statutory authorization, findings of fact, purpose and methods.
(a) Statutory authorization. The Legislature of the state of California has in
Government Code sections 65302, 65560 and 65800 conferred upon local government units
authority to adopt regulations designed to promote the public health, safety and general welfare
of its citizenry. Therefore, the town council of the Town of Tiburon does ordain as follows in
this chapter.
(b) Findings of fact.
(I) The flood hazard areas of the Town of Tiburon are subject to periodic
inundation which results in loss of life and property, health and safety hazards, disruption of
commerce and governmental services, extraordinary public expenditures for flood protection
and relief, and impairment of the tax base, all of which adversely affect the public health,
safety and general welfare.
(2) These flood losses are caused by the cumulative effect of obstructions in areas
of special flood hazards which increase tlood heights and velocities, and when inadequately
anchored, damage uses in other areas. Uses that are inadequately flood proofed, elevated or
otherwise protected from flood damage also contribute to the flood loss.
(c) Statement of purpose. It is the purpose of this chapter to promote the public
health, safety and general welfare, and to minimize public and private losses to flood conditions
in specific areas by provisions designed:
(I) To protect human life and health;
(2) To minimize expenditure of public money for costly flood control projects;
(3) To minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
(4) To minimize prolonged business interruptions;
(5) To minimize damage to public facilities and utilities such as water and gas
mains, electric, telephone and sewer lines, trees, and bridges located in areas of special flood
hazard;
(6) To help maintain a stable tax base by providing for the second use and
development of areas of special flood hazard so as to minimize future flood blight areas;
(7) To ensure that potential buyers are notified that property is in an area of special
flood hazard; and
(8) To insure that those who occupy the areas of special tlood hazard assume
responsibility for their actions.
(d) Methods of reducing flood losses. In order to accomplish its purposes, this
chapter includes methods and provisions for:
(1) Restricting or prohibiting uses which are dangerous to health, safety and
property due to water or erosion hazards, or which result in damaging increases in erosion or
flood heights or velocities;
(2) Requiring that uses vulnerable to floods, including facilities which serve such
uses, be protected against flood damage at the time of initial construction;
(3) Controlling the alteration of natural floodplains, stream channels, and natural
protective barriers, which help accommodate or channel floodwaters;
(4) Controlling filling, grading, dredging and other development which may
increase flood damage; and
Town ofTiburon Ordinance No. NS. Effective --/--/2001 2
(5) Preventing or regulating the construction of flood barriers which will
unnaturally divert floodwaters or which may increase flood hazards in other
areas.
130-2 Definitions.
Unless specifically defined below, words or phrases used in this chapter shall be
interpreted so as to give them the meaning they have in common usage and to give this chapter
its most reasonable application.
" Accessory use" means a use which is incidental and subordinate to the principal use
of the parcel of land on which it is located.
"Appeal" means a request for a review of the floodplain administrator's interpretation
of any provision of this chapter or a request for a variance.
"Area of special flood hazard." See" Special flood hazard area."
"Base flood" means the flood having a one percent chance of being equaled or
exceeded in any given year (also called the" lOO-year flood").
"Basement" means any area of the building having its floor sub grade (below ground
level) on all sides.
"Breakaway walls" are any type of walls, whether solid or lattice, and whether
constructed of concrete, masonry, wood, metal, plastic or any other suitable building material
which is not part of the structural support of the building and which is designed to break away
under abnormally high tides or wave action without causing any damage to the structural
integrity of the building on which they are used or any buildings to which they might be carried
by floodwaters. A breakaway wall shall have a safe design loading resistance of not less than
ten and no more than twenty pounds per square foot. Use of breakaway walls must be certified
by a registered engineer or architect and shall meet the following conditions:
(I) Breakaway wall collapse shall result from a water load less than that
which would occur during the base flood; and
(2) The elevated portion of the building shall not incur any structural
damage due to the effects of wind and water loads acting simultaneously in the event of the base
flood.
"Development" means any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation or drilling operations or storage of equipment or materials.
"Encroachment" means the advance or infringement of uses, plant growth, fill,
excavation, buildings, permanent structures or development into a floodplain which may
impede or alter the flow capacity of a floodplain.
"Flood or flooding" means a general and temporary condition of partial or complete
inundation of normally dry land areas from (I) the overflow of floodwaters, (2) the unusual and
rapid accumulation or runoff of surface waters from any source, and/or (3) the collapse or
subsidence of land along the shore of a lake or other body of water as a result of erosion or
undermining caused by waves or currents of water exceeding anticipated cyclical levels or
suddenly caused by an unusually high water level in a natural body of water, accompanied by a
severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal
surge, or by some similarly unusual and unforeseeable event wbich results in flooding as
defined in this definition.
"Flood boundary and floodway map" means the official map on which the Federal
Emergency Management Agency or Federal Insurance Administration has delineated both the
areas of flood hazard and the flood way .
Town ofTiburon Ordinance No. NS. EjJective --/--/2001 3
"Flood Insurance Rate Map (FIRM)" means the official map on which the Federal
Emergency Management Agency or Federal Insurance Administration that includes flood
profiles, the FIRM, the Flood Boundary and Floodway Map, and the water surface elevation of
the base flood.
"Floodplain or flood-prone area" means any land area susceptible to being inundated
by water from any source (see definition of "flooding").
"Floodplain Administrator" is the individual appointed to administer and enforce the
tloodplain management regulations, pursuant to Section 13D-IO.
"Floodplain management" means the operation of an overall program of corrective and
preventive measures for reducing flood damage, including but not limited to emergency
preparedness plans, flood control works and floodplain management regulations.
"Floodplain management regulations" means zoning ordinances, subdivision
regulations, building codes, health regulations, special purpose ordinances (such as floodplain
ordinance, grading ordinance and erosion control ordinance) and other applications of police
power. The term describes such state or local regulations in any combination thereof, which
provide standards for the purpose of flood damage prevention and reduction.
"Floodproofing" means any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood damage to real estate or
improved real property, water and sanitary facilities, structures and their contents.
"Floodway" means the channel of a river or other watercourse and the adjacent lands
areas that must be reserved in order to discharge the base flood without cumulatively increasing
the water surface elevation more than one foot. Also referred to as "Regulatory Floodway".
"Functionally dependent use" means a use which cannot perform its intended purpose
unless it is located or carried out in close proximity to water. The term includes only docking
facilities, port facilities that are necessary for the loading and unloading of cargo or passengers,
and ship building and ship repair facilities, but does not include long-term storage or related
manufacturing facilities.
"Hardship" as related to Article IV, Variance Procedure, of this chapter, means the
exceptional hardship that would result from a failure to grant the requested variance. The
Tihuron Town Council requires that the variance be exceptional, unusual, and peculiar to the
property involved. Mere economic or financial hardship alone is not exceptional.
Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the
disapproval of one's neighbors likewise cannot, as a rule, qualify a~ an exceptional hardship.
All of these problems can be resolved through other means without granting a variance, even if
the alternative is more expensive, or requires the property owner to build elsewhere of put the
parcel to a different use than originally intended.
"Highest adjacent grade" means the highest natural elevation of the ground surface
prior to construction next to the proposed wails of a structure.
"Historic structure" means any structure that is I) listed individually in the National
Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements of individual listing on
the National Register; 2) certified or preliminarily determined by the Secretary of the Interior
as contributing to the historical significance of a registered historic district or a district
preliminarily determined by the Secretary to qualify as a registered historic district; 3)
individually listed on a state inventory of historic places in states with historic preservation
programs which have been approved by the Secretary of Interior; or 4) individually listed on a
local inventory of historic places in communities with historic preservation programs that have
Town ofTiburon
Ord;nGl1ce No.
N.S.
Effective --/--/2001
4
been certified either by an approved state program as determined by the Secretary of the
Interior or directly by the Secretary of the Interior in states with approved programs.
"Lowest Floor" means the lowest floor of the lowest enclosed area, including
basement. An unfinished or flood resistant enclosure, usable solely for parking of vehicles,
building access or storage in an area other than a basement area (see "Basement") is not
considered a building's lowest floor, provided that such enclosure is not built so as to render
the structure in violation of the applicable non-elevation design requirements of this chapter.
(Note: This definition allows attached garages to be built at grade. Below grade garages are
not allowed as they are considered to be basements.)
"Manufactured home" means a structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without a permanent foundation
when attached to the required utilities. The term" manufactured home" does not include a
"recreational vehicle".
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of
land divided into two or more manufactured home lots for sale or rent.
"Mean sea level" means, for purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD of 1929) or other datum to which base flood
elevations shown on a community's Flood Insurance Rate Map are referenced.
"New Construction" means structures for which the" start of construction"
commenced on or after the effective date of floodplain management regulations adopted by this
community, and includes any subsequent improvements to such structures.
"Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment,
levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert,
building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in,
along, across or projecting into any watercourse which may alter, impede, retard or change the
direction and/or velocity of the flow of water, or due to its location, its propensity to snare or
collect debris carried by the flow of water, or its likelihood of being carried downstream.
"One hundred year flood" or" IOO-year flood" means a flood which has a one percent
annual probability of being equaled or exceeded. It is identical to the "base flood," which will
be the term used throughout this chapter.
"Person" means an individual or his agent, firm, partnership, association or
corporation, or agent of the aforementioned groups, or this state or its agencies or political
subdivisions.
"Principal Structure" means a structure used for the principal use of the property as
distinguished from an accessory use.
"Public Safety and Nuisance" as related to Article IV, Variance Procedure, of this
chapter means that the granting of a variance must not result in anything which is injurious to
safety or health of an entire community or neighborhood, or any considerable number of
persons, or unlawfully obstructs the free passage or use, in the customary manner, of any
navigable lake, or river, bay, stream, canal, or basin.
"Recreational Vehicle" means a vehicle which is I) Built on a single chassis; 2) 400
square feet or less; 3) designed to be self-propelled or permanently towable by a light-duty
truck; and 4) designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
"Regulatory Floodway" means the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than one foot.
Town ofTiburon
Orclinance No.
NS.
Effective --/--/200 I
5
"Remedy a violation" means to bring the srructure or other development into
compliance with state or local floodplain management regulations, or, if this is not possible, to
reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting
the structure or other affected development from flood damages, implementing the environment
provisions of the ordinance or otherwise deterring future similar violations, or reducing federal
financial exposure with regard to the structure or other development.
"Riverine" means relating to, formed by, or resembling a river (including tributaries),
stream, brook, etc.
"Special flood hazard area (SFHA)" means an area having special flood or flood-
related erosion hazards, and shown on an FHBM or FIRM as Zone A, AI-30, AE, or A99.
"Start of Construction" includes substantial improvement and other proposed new
development and means the date the building permit was issued, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement
was within 180 days from the date of the permit. The actual start means either the first
placement of permanent construction of a structure on a site, such as the pouring of slab or
footings, the installation of piles, the construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation. Permanent construction
does not include land preparation, such as clearing, grading, and filling; nor does it include the
installation of streets and/or walkways; nor does it include excavation for abasement, footings,
piers, or foundations or the erection of temporary forms; nor does it include the installation on
the property of accessory buildings, such as garages or sheds not occupied as dwellings units or
not part of the main structure. For a substantial improvement, the actual start of construction
means the first alteration of any wall, ceiling, floor, or other structural part of a building,
whether or not that alteration affects the external dimensions of the building.
"Structure" means a walled and roofed building, including a gas or liquid storage tank,
that is principally above ground, as well as a manufactured home.
"Substantial Damage" means damage of any origin sustained by a structure whereby
the cost of restoring the structure to its before damaged condition would equal or exceed 50
percent of the market value of the structure before the damage occurred.
"Substantial Improvement" means any reconstruction, rehabilitation, addition, or other
proposed new development of a structure, the cost of which equals or exceeds 50 percent of the
market value of the structure before the "start of construction" of the improvement. This term
includes structures which have incurred "substantial damage", regardless of the actual repair
work performed. The term does not, however, include either I) any project for improvement
of a structure to correct existing violations or state or local health, sanitary, or safety code
specifications which have been identified by the local code enforcement official and which are
the minimum necessary to assure safe living conditions, or 2) any alteration of a "historic
structure", provided that the alteration will not preclude the structure's continued designation as
a "historic structure".
"Variance" means a grant of relief from the requirements of this chapter which permits
construction in a manner that would otherwise be prohibited by this chapter.
"Violation" means the failure of a structure or orher development to be fully compliant
with the community's floodplain management regulations. A structure or other development
without the elevation certificate, other certifications, or other evidence of compliance required
in this chapter is presumed to be in violation until such time as that documentation is provided.
"Water Surface Elevation" means the height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and
frequencies in the floodplains of coastal or riverine areas.
Town ofTiburon Ordinance No. NS. Effective --/--/2001 6
"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other
topographic feature on or over which waters flow at least periodically. Watercourse includes
specifically designated areas in which substantial flood damage may occur.
13D-3 Lands to which this chapter applies.
This chapter shall apply to all territory within the corporate limits of the Town of
Tiburon.
13D-4 Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Insurance Administration
(FIA) of the Federal Emergency Management Agency (FEMA) in the "Flood Insurance Study"
(FIS), dated November 1976, for the City of Tiburon and accompanying Flood Insurance Rate
Maps (FIRMs), as amended or revised from time to time, are hereby adopted by the reference
and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area
of applicability of this chapter and may be supplemented by studies for other areas which allow
implementation of this chapter and which are recommended to the Town Council by the
Floodplain Administrator. The study and FIRMs are on file at the Tiburon Town Hall,
Planning Department, 1505 Tiburon Boulevard, Tiburon, California.
13D-5 Compliance.
No structure or land shall hereafter be constructed, located, extended, converted, or
altered without full compliance with the terms of this chapter and other applicable regulations.
Violations of the provisions of this chapter by failure to comply with any of its requirements
(including violations of conditions and safeguards established in connection with conditions)
shall constitute an infraction. Nothing herein shall prevent the town council from taking such
lawful action as is necessary to prevent or remedy any violation.
13D-6 Abrogation and greater restrictions.
This chapter is not intended to repeal, abrogate, or impair any eXistIng easements,
covenants, or deed restrictions. However, where this chapter and another ordinance, easement,
covenant, or deed restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
13D-7 Interpretation.
In the interpretation and application of this chapter, all provisions shall be:
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the governing body; and
(c) Deemed neither to I imit or repeal any other powers granted under state statutes.
13D-8 Warning and disclaimer of liability.
The degree of flood protection required by this chapter is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations. Larger floods can
and will occur on rare occasions. Flood heights may be increased by manmade or natural
causes. This chapter does not imply that land outside the areas of special flood hazards or uses
permitted within such areas will be free from flooding or flood damages. This chapter shall not
create liability on the part of the Town of Tiburon, any officer or employee thereof, or the
Town ofTiburon
Ordinance No.
NS.
Effective --/--/2001
7
Federal Insurance Administration, for any flood damages that result from reliance on this
chapter or any administrative decision lawfully made thereunder.
Article II. Administration
13D-9 Establishment of development permit.
A development permit shall be obtained before construction or development begins
within any area of special flood hazards established in section 13D-4. Application for
development permit shall be made on forms furnished by the floodplain administrator and may
include, but not be limited to: plans in duplicate drawn to scale showing the nature, location,
dimensions, and elevation of the area in question; existing or proposed structures, fill, storage
of materials, drainage facilities; and the location of the foregoing. Specifically, the following
information is required:
(a) Proposed elevation in relation to mean sea level, of the lowest floor (including
basement) of all structures;
(b) Proposed elevation in relation to mean sea level to which any structure will be
flood-proofed;
(c) All appropriate certifications listed in section 13D-II(d) of this chapter; and
(d) Description of the extent to which any watercourse will be altered or relocated
as a result of proposed development.
13D-IO Designation of the floodplain administrator.
The town engineer is appointed to administer and implement this chapter by granting or
denying development permits in accordance with its provisions.
13D-II Duties and responsibilities of the floodplain administrator.
The duties and responsibilities of the floodplain administrator shall include but not be
limited to:
(a) Permit review.
(I) Review all development permits to determine that the permit requirements of
this chapter have been satisfied;
(2) All other required state and federal permits have been obtained;
(3) The site is reasonahly safe from flooding;
(4) The proposed development does not adversely affect the carrying capacity of
the areas where base flood elevations have been determined but flood ways have not been
delineated. For purposes of this chapter, "adversely affects" means that the cumulative effect
of the proposed development when comhined with all other existing and anticipated
development will not increase the water surface elevation of the base flood more than one foot
at any point.
(b) Use of other base flood data. When base flood elevation data has not been
provided in accordance with section 13D-4, the tloodplain administrator shall obtain, review,
and reasonably utilize any base flood elevation and floodway data available from a federal, state
or other source, in order to administer article III of this chapter. Any such information shall he
submitted to the town council for adoption.
(c) Whenever a watercourse is to be altered or relocated:
Town ofTiburon
Ordinance No.
NS
Effective --/--/2001
8
(I) Notify adjacent communities and the California Department of Water Resources
prior to such alteration or relocation of a watercourse, and submit evidence of such notification
to the Federal Insurance Administration;
(2) Require that the flood carrying capacity of the altered or relocated portion of
said watercourse is maintained.
(d) Obtain and maintain for public inspections and make available as needed:
(I) The certification required in section 13D-15(a) (floor elevations);
(2) The certification required in section 13D-15(b)(3) (elevation or f1oodproofing of
nonresidential structures);
(3) The certification required in sections 13D-15(c)(1) or (2) (wet flood proofing
standard);
(4) The certified elevation required in section 13D-17(b) (subdivision standards);
(5) The certification required by section 13D-20
(e) Make interpretations where needed, as to the exact location of the boundaries of
the areas of special flood hazards (for example, where there appears to be a conflict between a
mapped boundary and actual field conditions). The person contesting the location of the
boundary sball be given a reasonable opportunity to appeal the interpreration as provided in
article IV of this chapter.
(t) Take action to remedy violations of this chapter as specified in section 13D-5,
herein.
Article III. Standards of Constmction
13D-12 Standards of construction- Generally.
In all areas of special flood hazards the following standards are required as set out in
sections 13D-13 through 13D-20.
13D-13 Anchoring.
(a) All new construction and substantial improvements shall be anchored to prevent
flotation, collapse or lateral movement of the structure resulting from hydrodynamic and
hydrostatic loads including the effects of buoyancy.
(b) All manufactured homes shall meet the anchoring standards of section 13D-18.
13D-14 Constmction materials and methods.
(a) All new construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage and using merhods and practices that
minimize flood damage.
(b) All new construction and substantial improvements shall be constructed with
electrical, heating, ventilation, plumbing and air conditioning equipment and
other service facilities that are designed and/or located so as to prevent water
from entering or accumulating within the components during conditions of
flooding.
13D-15 Elevation and f1oodproofing.
(a) New construction and substantial improvement of any structure shall have the
lowest floor, including basement, elevated at least one foot above the base flood elevation.
Nonresidential structures may meet the standards in subsection (b) of this section. Upon the
completion of the structure the elevation of the lowest floor including basement shall be
Town ofTiburon Ordinance No. NS Effective --/--/2001 9
certified by a registered professional engineer or surveyor, or verified by the community
building inspector to be properly elevated. Such certification or verification shall be provided to
the floodplain administrator.
(b) Nonresidential construction shall either by elevated in conformance with
subsection (a) of this section or together with attendant utility and sanitary facilities:
(1) Be floodproofed so that below the base flood level the structure is watertight
with walls substantially impermeable to the passage of water;
(2) Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy;
(3) Be certified by a registered professional engineer or architect that the standards
of this section are satisfied. Such certifications shall be provided to the floodplain administrator.
(c) Require, for all new construction and substantial improvements, that fully
enclosed areas below the lowest floor that are subject to flooding shall be designed to
automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and
exit of floodwaters. Designs for meeting this requirement must either be certified by a
registered professional engineer or architect or meet or exceed the following minimum criteria:
(1) Either a minimum of two openings having a total new area of not less than one
square inch for every square foot of enclosed area suhject to flooding shall be provided. The
bottom of all openings shall be no higher than one foot above grade. Openings may be
equipped with screens, louvers, valves or other coverings or devices provided that they permit
the automatic entry and exit of floodwaters; or
(2) Be certified to comply with a local floodproofing standard approved by the
Federal Insurance Administration.
(d) Manufactured homes sball also meet the standards in section 13D-18.
l3D-16 Standards for utilities.
(a) All new and replacement water supply and sanitary sewage systems shall be
designed to minimize or eliminate infiltration of floodwaters into the system and discharge from
systems into floodwaters.
(b) On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
l3D-17 Standards for subdivisions.
(a) All preliminary subdivision proposals shall identify the flood hazard area and
the elevation of the base flood.
(b) All final subdivision plans will provide the elevation of proposed structure(s)
and pads. If the site is filled above the base flood, the final pad elevation shall be certified by a
registered professional engineer or surveyor and provided to the floodplain administrator.
(c) All subdivision proposals shall be consistent with the need to minimize flood
damage.
(d) All subdivision proposals shall have public utilities and facilities such as sewer,
gas, electrical and water systems located and construction to minimize flood damage.
(e) All subdivisions shall provide adequate drainage to reduce exposure to flood
hazards.
l3D-18 Standards for manufactured homes.
(a) All manufactured homes that are placed or substantially improved within Zones A 1-
30, on the community's Flood Insurance Rate Map, on sites located outside of a
Town ofTiburon Ordinance No. NS Effective --/--/2001 10
manufactured home park or subdivision, in a new manufactured home park or
subdivision, in an expansion to an existing manufactured home park or subdivision,
or in an existing manufactured home has incurred "substantial damage" as tbe
result of a flood shall be elevated on a permanent foundation such that the lowest
floor of the manufactured home is elevated to at least one foot above the base
elevation and be securely anchored to an adequately anchored foundation system to
resist flotation collapse and lateral movement.
(b) All manufactured homes that are placed or substantially improved on sites located
within Zones VI-30 on the community's Flood Insurance Rate Map will meet the
requirements of Section 13D-18 (a).
(c) All manufactured homes to be placed or substantially improved on sites in an
existing manufactured home park or subdivision within Zones A 1-30 on the
community's Flood Insurance Rate Map that are not subject to the provisions of
section 13D-18 (a) will be elevated so that either the:
(I) Lowest floor of the manufactured home is at least one foot above the base flood
elevation, or
(2) The manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less than 36 inches in
height above grade and be securely anchored to an adequately anchored foundation
system to resist flotation, collapse, and lateral movement.
13D-19 Standards for recreational vehicles.
(a) All recreational vehicles placed on sites within Zones AI-30 on the
community's Flood Insurance Rate Map will either:
(I) be on the site for fewer than 180 consecutive days,
(2) be fully licensed and ready for highway use-a recreational vehicle is ready
for highway use if it is on its wheels or jacking system, is attached to the site only
by quick disconnect type utilities and security devices, and has no permanently
attached additions, or
(3) meet the permit requirements of Section 13D-9 of this chapter and the
elevation and anchoring requirements for manufactured homes in Section 13D-18.
13D-20 Floodways.
(a) Located within areas of special flood hazard established in Section 13D-4 are
areas designated as floodways. Since the floodway is an extremely hazardous
area due to the velocity of flood waters which carry debris, potential
projectiles, and erosion potential, the following provisions apply.
(I) Prohibit encroachments, including fill, new construction, substantial
improvement, and other new development unless certification by a registered
professional engineer or architect is provided demonstrating that encroachments
shall not result in any increase in the base flood elevation during the occurrence of
the base flood discharge.
(2) If Section 13D-20(a)(I) is satisfied, all new construction, substantial
improvement, and other proposed new development shall comply with all other
applicable flood hazard reduction provisions of Article III of this chapter.
Town ofTiburon
Ordinance No.
NS
Effective --/--/2001
11
Article IV. Variance Procedure
13D-21 Appeal board.
(a) The town council shall hear and decide appeals and requests for variances from
the requirements of this chapter.
(b) The town council shall hear and decide appeals when it is alleged there is an
error in any requirement, decision, or determination of this chapter.
(c) In passing upon such applications, the town council shall consider all technical
evaluations, all relevant factors, standards specified in other sections of this chapter, and:
(I) The danger that materials may be swept onto other lands to the injury of others;
(2) The danger of life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner;
(4) The importance of the services provided by the proposed facility to the
community;
(5) The necessity to the facility of a waterfront location, where applicable;
(6) The availability of alternative locations for the proposed use which are not
subject to flooding or erosion damage;
(7) The compatibility of the proposed use with existing and anticipated
development;
(8) The relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
(9) The safety of access to the property in time of tlood for ordinary and
emergency vehicles;
(10) The expected heights, velocity, duration, rate of rise, and sediment transport of
the tloodwaters expected at the site; and
(II) The costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities such as sewer, gas, electrical,
and water system, and streets and bridges.
(d) Generally, variances may be issued for new construction and substantial
improvements to be erected on a lot of one-half acre or less in size contiguous to and
surrounded by lots with existing structures constructed below the base tlood level, providing
items (I) through (II) of subsection (c) of this section have been fully considered. As the lot
size increases beyond one-half acre, the technical justitication required for issuing the variance
increases.
(e) Upon consideration of the factors of subsection (c) of this section and the
purposes of this chapter, the town council may attach such conditions to the granting of
variances as it deems necessary to further the purposes of this chapter.
(f) The floodplain administrator shall maintain the records of all appeal actions and
report any variances to the Federal Insurance Administration upon request.
13D-22 Conditions for variances.
(a) Variances may be issued for the reconstruction, rehabilitation or restoration of
structures listed in the National Register of Historic Places or the State Inventory of Historic
Places, without regard to the procedures set forth in the remainder of this section.
(b) Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
Town ofTiburon Ordinance No. N.s. Effective --/--/2001 12
(c) Variances shall be issued upon:
(I) A showing of good and sufficient cause;
(2) A determination that failure to grant the variance would result in exceptional
hardship to the applicant; and
(3) A determination that the granting of a variance will not result in increased flood
heights, additional threats to the public safety, extraordinary public expense, create nuisances,
cause fraud on or victimization of the public, or contlict with existing local laws or ordinances.
(d) Variances may be issued for new construction and substantial improvements
and for other development necessary for the conduct of a functionall y dependent use provided
that the provisions of subsections (a) through (c) of this section are satisfied and that the
structure or other development is protected by methods that minimize flood damages during the
base flood and create no additional threats to public safety.
(e) Any applicant to whom a variance is granted shall be given written notice that
the structure will be permitted to be built with a lowest floor elevation below the regulatory
flood elevation and that the cost of flood insurance will be commensurate with the increased
risk resulting from the reduced lowest floor elevation. A copy of the notice shall be recorded by
the Floodplain Administrator in the office of the Marin County Recorder and shall be recorded
in a manner so that it appears in the chain of title of the affected parcel of land.
Section 4, Severabilitv.
If any section, subsection, clause, sentencc, 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 5,
Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after the date of passage.
Pursuant to the provisions of Government Code Section 36933, a summary of this ordinance shall
be prepared by the Town Attorney. At least five (5) days prior to the Council meeting at which
adoption of the ordinance is scheduled, the Town Clerk shall (I) publish the summary, and (2)
post in the office of the Town Clerk a certified copy of this ordinance Within fifteen (15) days
after the adoption of this ordinance, the Town Clerk shall (I) publish the summary, and (2) post
in the office of the Town Clerk a certified copy of the full text of the ordinance along with the
names of those Council members voting for and against the ordinance.
This ordinance was introduced at a regular meeting of the Town Council of the Town of
Tiburon on ,2001, and was adopted at a regular meeting of the Town Council
of the Town ofTiburon on ,2001, which was noticed pursuant to Government
Code Section 50022.3, by the following vote
AYES: COUNCILMEMBERS
NOES COUNCILMEMBERS:
Town ofTiburon
Ordinance No.
NS'.
Effective --/--/200 J
13
ABSENT
A TrEST
COUNCILMEMBERS:
DIANE L. CRANE IACOPI, TOWN CLERK
Municode/chap 13D final ord.doc
Town ofTiburon
Ordinance No.
N.S
ANDREW THOMPSON, MAYOR
TOWN OF TIBURON
Effective --/--/2001
14
Chapter 13D
FLOOD DAMAGE PREVENTION*
Sections:
Article I. General Provisions
13D-l
13D-2
13D-3
13D-4
13D-5
13D-6
13D-7
13D-8
13D-9
13D-I0
13D-ll
Statutory authorization,
findings of fact, purpose and
methods.
Definitions.
Lands to which this chapter
applies.
Basis for establishing the areas
of special flood hazard.
Compliance.
Abrogation and greater
restrictions.
Interpretation.
Warning and disclaimer of
liability.
Article II. Atlminiotration
Establishment of development
permit.
Designation of the floodplain
arlmini~trator .
Duties and responsibilities of
the floodplain administrator.
Article III. Standards of Construction
13D-12 Standards of construction-
Generally.
Anchoring.
Construction materials and
methods.
Elevation and floodproofing.
Standards for utilities.
Standards for subdivisions.
Standards for manufactured
homes.
13D-13
13D-14
13D-15
13D-16
13D-17
13D-18
13D-l
Article IV. Variance Procedure
13D-19 Appeal board.
13D-20 Conditions for variances.
,.. This chapter is derived from former ~ 13-1.1, which was amended
in its entirety by Old. 334 N.S., as funher amended by Ord. 352
N.S.
Article I. General Provisions
13D-l Statutory authorization, findings
of fact, purpose and methods.
(a) Statutory authorization. The Legislature of the
state of California has in Government Code sections
65302, 65560 and 65800 conferred upon local gov-
ernment units authority to adopt regulations de-
sigued to promote the public health, safety and
general welfare of its citizenry. Therefore, the town
council of the Town of Tiburon does ordain as
follows in this chapter.
(b) Findings of fact.
(1) The flood hazard areas of the Town of
Tiburon are subject to periodic inundation which
results in loss of life and property, health and safety
hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood
protection and relief, and impairment of the tax
base, all of which adversely affect the public health,
safety and general welfare.
(2) These flood losses are caused by the cumula-
tive effect of obstructions in areas of special flood
hazards which increase flood heights and velocities,
and when inadequately anchored, damage uses in
other areas. Uses that are inadequately floodproofed.
elevated or otherwise protected from flood damage
also contribute to the flood loss.
(c) Statement of purpose. It is the purpose of this
chapter to promote the public health, safety and
general welfare. and to minimize public and private
losses to flood conditions in specific areas by provi-
sions designed:
(1) To protect human life and health;
(2) To minimize expenditure of public money for
costly flood control projects;
103
C"'-UC,,+ ~ 130 EXHIBIT NO. j
13D-l
(3) To minimize the need for rescue and relief
efforts associated with flooding and generally under-
taken at the expense of the general public;
(4) To minimize prolonged business interrup-
tions;
(5) To minimize damage to public facilities and
utilities such as water and gas mains, electric, tele-
phone and sewer lines, trees, and bridges located in
areas of special flood hazard;
(6) To help maintain a stable tax base by provid-
ing for the second use and development of areas of
special flood hazard so as to minimize future flood
blight areas;
(7) To ensure that potential buyers are notified
that property is in an area of special flood hazard;
and
(8) To insure that those who occupy the areas of
special flood hazard assume responsibility for their
actions.
(d) Methods of reducing flood losses. In order to
accomplish its purposes, this chapter includes meth-
ods and provisions for:
(1) Restricting or prohibiting uses which are
dangerous to health, safety and property due to
water or erosion hazards, or which result in damag-
ing increases in erosion or flood heights or veloci-
ties;
(2) Requiring that uses vulnerable to floods,
including facilities which serve such uses, be pro-
tected against flood damage at the time of initial
construction;
(3) Controlling the alteration of natural
floodplains, stream channels, and natural protective
barriers, which help accommodate or channel
floodwaters;
(4) Controlling filling, grading, dredging and
other development which may increase flood dam-
age; and
(5) Preventing or regulating the construction of
flood barriers which will unnaturally divert
floodwaters or which may increase flood hazards in
other areas. (Ord. No. 334 N.S., S 1)
13D-2 Definitions.
Unless specifically defmed below, words or
phrases used in this chapter shall be interpreted so
as to give them the meaning they have in common
usage and to give this chapter its most reasonable
application.
"Appeal" means a request for a review of the
floodplain administrator's interpretation of any pro-
vision of this chapter or a request for a variance.
"Area of special flood hazard." See "Special
flood hazard area."
"Base flood" means the flood having a one per-
cent chance of being equalled or exceeded in any
given year (also called the "IOO-year flood"),
"Basement" means any area of the building hav-
ing its floor subgrade (below ground level) on all
sides.
"Breakaway walls" are any type of walls, whether
solid or lattice, and whether constructed of concrete,
masonry, wood, metal, plastic or any other suitable
building material which is not part of the structural
support of the building and which is designed to
break away under abnonnally high tides or wave
action without causing any damage to the structural
integrity of the building on which they are used or
any buildings to which they might be carried by
floodwaters. A breakaway wall shall have a safe
design loading resistance of not less than ten and no
more than twenty pounds per square foot. Use of
breakaway walls must be certified by a registered
engineer or architect and shall meet the following
conditions:
(1) Breakaway wall collapse shall result from a
water load less than that which would occur during
the base flood; and
(2) The elevated portion of the building shall not
incur any structural damage due to the effects of
wind and water loads acting simultaneously in the
event of the base flood.
"Development" means any manmade change to
improved or unimproved real estate, including but
not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or
drilling operations.
104
"Flood or flooding" means a general and tempo-
rary condition of partial or complete inundation of
normally dry land areas from (I) the overflow of
floodwaters, (2) the unusual and rapid accumulation
or runoff of surface waters from any source, and/or
(3) the collapse or subsidence of land along the
shore of a lake or other body of water as a result of
erosion or undermining caused by waves or currents
of water exceeding anticipated cyclical levels or
suddenly caused by an unusually high water level
in a natural body of water, accompanied by a severe
storm, or by an unanticipated force of nature, such
as flash flood or an abnonnal tidal surge, or by
some similarly unusual and unforeseeable event
which results in flooding as defined in this defini-
tion.
"Flood boundary and floodway map" means the
official map on which the Federal Emergency Man-
agement Agency or Federal Insurance Administra-
tion has delineated both the areas of flood hazard
and the floodway.
"Flood Insurance Rate Map (FIRM)" means the
official map on which the Federal Emergency Man-
agement Agency or Federal Insurance Administra-
tion that includes flood profiles, the FIRM, the
Flood Boundary and Floodway Map, and the water
surface elevation of the base flood.
"Floodplain or flood-prone area" means any land
area susceptible to being inundated by water from
any source (see defmition of "flooding").
"Floodplain management" means the operation of
an overall program of corrective and preventive
measures for reducing flood damage, including but
not limited to emergency preparedness plans, flood
control works and floodplain management regula-
tions.
"Floodplain management regulations" means
zoning ordinances, subdivision regulations, building
codes, health regulations, special purpose ordinances
(such as floodplain ordinance, grading ordinance and
erosion control ordinance) and other applications of
police power. The term describes such state or local
regulations in any combination thereof, which pro-
vide standards for the purpose of flood damage
prevention and reduction.
130-2
''FIoodproofing'' means any combination of struc-
turaI and nonstructural additions, changes or adjust-
ments to structures which reduce or eliminate flood
damage to real estate or improved real property,
water and sanitary facilities, structures and their
contents.
"Functionally dependent use" means a use which
cannot perform its intended purpose unless it is
located or carried out in close proximity to water.
The term includes only docking facilities, port facili-
ties that are necessary for the loading and unloading
of cargo or passengers, and ship building and ship
repair facilities, but does not include long-term
storage or related manufacturing facilities.
"Highest adjacent grade" means the highest natu-
ral elevation of the ground surface prior to construc-
tion next to the proposed walls of a structure.
''Lowest floor" means the lowest floor of the
lowest enclosed area (including basement). An un-
fmished or flood resistant enclosure, usable solely
for parking of vehicles, building access or storage
in an area other than a basement area is not consid-
ered a building's lowest floor; provided that such
enclosure is not built so as to render the structure in
violation of the applicable nonelevation design re-
quirements of this chapter.
"Manufactured home" means a structure, trans-
portable in one or more sections, which is built on
a permanent chassis and is designed for use with or
without a permanent foundation when connected to
the required utilities. For floodplain management
purposes the term "manufactured home" also in-
cludes park trailers, travel trailers and other similar
vehicles placed on a site for greater than one hun-
dred eighty consecutive days.
"Manufactured home park or subdivision" means
a parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for sale or
rent.
"Mean sea level" means, for purposes of the
National Flood Insurance Program, the National
Geodetic Vertical Datum (NGVD of 1929) or other
datum to which base flood elevations shown on a
community's Flood Insurance Rate Map are refer-
enced.
105
13D-2
"New construction" means, for floodplain man-
agement purposes, structures for which the "start of
construction" commenced on or after the effective
elate of a floodplain management regulation adopted
by the community.
"One hundred year flood" or "100-year flood"
means a flood which has a one percent annual prob-
ability of being equalled or exceeded. It is identical
to the "base flood," which will be the term used
throughout this chapter.
"Person" means an individual or his agent, firm,
partnership, association or corporation, or agent of
the aforementioned groups, or this state or its agen-
cies or political subdivisions.
"Remedy a violation" means to bring the struc-
ture or other development into compliance with state
or local floodplain management regulations, or, if
this is not possible, to reduce the impacts of its
noncompliance. Ways that impacts may be reduced
include protecting the structure or other affected
development from flood damages, implementing the
environment provisions of the ordinance or other-
wise deterring future similar violations, or reducing
federal financial exposure with regard to the struc-
ture or other development.
"Riverine" means relating to, formed by, or re-
sembling a river (including tributaries), stream,
brook, etc.
"Special flood hazard area (SFHA)" means an
area having special flood or flood-related erosion
hazards, and shown on an FHBM or FIRM as Zone
A, AI-3D, AE, or A99.
"Start of construction" includes a substantial
improvement, and means the date the building per-
mit was issued; provided the actual start of construc-
tion, repair, reconstruction, placement, or other
improvement was within one hundred eighty days
of the pennit date. The actual start means either the
first placement of pennanent construction of a struc-
ture on a site, such as the pouring of slab or footing,
the installation of piles, the construction of columns,
or any work beyond the stage of excavation; or the
placement of a manufactured home on a foundation.
Permanent construction does not include land prepa-
ration such as clearing, grading and filling; nor does
it include the installation of streets and/or walkways,
nor does it include excavation for a basement, foot-
ings, piers, or foundations of the erection of tempo-
rary forms; nor does it include the installation on
the property of accessory buildings, such as garages
or sheds not occupied as dwelling units or not part
of the main structure.
"Structure" means a walled and roofed building,
including a gas or liquid storage tank, that is princi-
pally above ground, as well as a manufactured
home.
"Substantial improvement" means any repair,
reconstruction, or improvement of a structure, the
cost of which equals or exceeds fifty percent of the
market value of the structure either: (1) before the
improvement or repair is started; or (2) if the struc-
ture has been damaged, and is being restored, before
the damage occurred.
For the purposes of this defmition "substantial
improvement" is considered to occur when the first
alteration of any wall, ceiling, floor or other struc-
tural part of the building commences, whether or not
that alteration affects the external dimensions of the
structure. The term does not, however, including
either: (1) any project for improvement of a struc-
ture to comply with existing state or local health,
sanitary or safety code specifications which are
solely necessary to assure safe living conditions; or
(2) any alteration of a structure listed on the Nation-
al Register of Historical Places or a state Inventory
of Historic Places.
"Variance" means a grant of relief from the re-
quirements of this chapter which pennits construc-
tion in a manner that would otherwise be prohibited
by this chapter.
"Violation" means the failure of a structure or
other development to be fully compliant with the
conununity's floodplain management regulations. A
structure or other development without the elevation
certificate, other certifications, or other evidence of
compliance required in this chapter is presumed to
be in violation until such time as that documentation
is provided. (Ord. No. 334 N.S., 9 2)
106
13D-3 Lands to which this chapter
applies.
This chapter shall apply to all areas of special
flood hazards within the jurisdiction of the Town of
Tiburon. (Oed. No. 334 N.S., 9 3.1)
13D-4 Basis for establishing the areas of
special flood hazard.
The areas of special flood hazard identified by
the Federal Emergency Management Agency or the
Federal Insurance Administration in a scientific and
engineering report entitled ''Flood Insurance Study
for the Town of Tiburon" dated November 1976,
with an accompanying Flood Insurance Rate Map,
is adopted by reference and declared to be a part of
this chapter. This Flood Insurance Study is on file
at Tiburon Town Hall, 1155 Tiburon Blvd., Tiburon.
This Flood Insurance Study is the minimum area of
applicability of this chapter and may be supplement-
ed by studies for other areas which allow implemen-
tation of this chapter and which are recommended
to the town council by floodplain administrator.
(Oed. No. 334 N.S., 9 3.2)
13D-S Compliance.
No structure or land shall hereafter be construct-
ed, located, extended, converted, or altered without
full compliance with the terms of this chapter and
other applicable regulations. Violations of the provi-
sions of this chapter by failure to comply with any
of its requirements (including violations of condi-
tions and safeguards established in connection with
conditions) shall constitute a misdemeanor. Nothing
herein shall prevent the town council from taking
such lawful action as is necessary to prevent or
remedy any violation. (Ord. No. 334 N.S., 9 3.3)
13D-6 Abrogation and greater
restrictions.
This chapter is not intended to repeal, abrogate,
or impair any existing easements, covenants, or deed
restrictions. However, where this chapter and anoth-
er ordinance, easement, covenant, or deed restriction
conflict or overlap, whichever imposes the more
130-3
stringent restrictions shall prevail. (On!. No. 334
N.S., 9 3.4)
13D-7 Interpretation.
In the interpretation and application of this chap-
ter, all provisions shall be:
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the governing
body; and
(c) Deemed neither to limit or repeal any other
powers granted under state statutes. (Ord. No. 334
N.S., 9 3.5)
13D-8 Warning and disclaimer of
liability.
The degree of flood protection required by this
chapter is considered reasonable for regulatory pur-
poses and is based on scientific and engineering
considerations. Larger floods can and will occur on
rare occasions. Flood heights may be increased by
manmade or natural causes. This chapter does not
imply that land outside the areas of special flood
hazards or uses pennitted within such areas will be
free from flooding or flood damages. This chapter
shall not create liability on the part of the Town of
Tiburon, any officer or employee thereof, or the
Federal Insurance Administration, for any flood
damages that result from reliance on this chapter or
any administrative decision lawfully made thereun-
der. (Ord. No. 334 N.S., 9 3.6)
Article II. Administration
13D-9 Establishment of development
permit.
A development pennit shall be obtained before
construction or development begins within any area
of special flood hazards established in section 130-
4. Application for development pennit shall be made
on forms furnished by the floodplain administrator
and may include, but not be limited to: plans in
duplicate drawn to scale showing the nature, loca-
tion, dimensions, and elevation of materials, drain-
age facilities; and the location of the foregoing.
Specifically, the following information is required:
107
13D-9
(a) Proposed elevation in relation to mean sea
level, of the lowest floor (including basement) of all
structures;
(b) Proposed elevation in relation to mean sea
level to which any structure will be floodproofed;
(c) All appropriate certifications listed in section
13D-ll(d) of this chapter; and
(d) Description of the extent to which any water-
course will be altered or relocated as a result of
proposed development. (Ord. No. 334 N.S., S 4.1)
13D-I0 Designation of the floodplain
aihnini!lii:trator.
The town engineer is appointed to administer and
implement this chapter by granting or denying de-
velopment permits in accordance with its provisions.
(Ord. No. 334 N.S., S 4.2)
13D-ll Duties and responsibilities of the
floodplain administrator.
The duties and responsibilities of the floodplain
administrator shall include but not be limited to:
(a) Permit review.
(I) Review all development permits to determine
that the permit requirements of this chapter have
been satisfied;
(2) All other required state and federal permits
have been obtained;
(3) The site is reasonably safe from flooding;
(4) The proposed development does not adversely
affect the carrying capacity of the areas where base
flood elevations have been determined but
flood ways have not been delineated. For purposes
of this chapter. "adversely affects" means that the
cumulative effect of the proposed development when
combined with all other existing and anticipated
development will not increase the water surface
elevation of the base flood more than one foot at
any point.
(b) Use of other base flood data. When base
flood elevation data has not been provided in accor-
dance with section 13D-4, the floodplain administra-
tor shall obtain, review, and reasonably utilize any
base flood elevation and flood way data available
from a federal, state or other source, in order to
administer article ill of this chapter, Any such infor-
mation shall be submitted to the town council for
adoption.
(c) Whenever a watercourse is to be altered or
relocated:
(1) Notify adjacent communities and the Califor-
nia Department of Water Resources prior to such
alteration or relocation of a watercourse, and submit
evidence of such notification to the Federal Insur-
ance Administration;
(2) Require that the flood carrying capacity of the
altered or relocated portion of said watercourse is
maintained.
(d) Obtain and maintain for public inspections
and make available as needed:
(1) The certification required in section 13D-
15(a) (floor elevations);
(2) The certification required in section 13D-
15(b)(3) (elevation or floodproofmg of nonresiden-
tial structures);
(3) The certification required in sections 13D-
15(c)(I) or (2) (wet floodproofmg standard);
(4) The certified elevation required in section
13D-17(b) (subdivision standards);
(e) Make interpretations where needed, as to the
exact location of the boundaries of the areas of
special flood hazards (for example. where there
appears to be a conflict between a mapped boundary
and actual field conditions). The person contesting
the location of the boundary shall be given a reason-
able opportunity to appeal the interpretation as pro-
vided in article IV of this chapter.
(f) Take action to remedy violations of this chap-
ter as specified in section 13D-5, herein. (Ord. No.
334 N.S., S 4.3; Ord. 352 N.S., S 2)
Article III. Standards of Construction
13D-12 Standards of construction-
Generally.
In all areas of special flood hazards the following
standards are required as set out in sections 13D-13
through 13D-18. (Ord. No. 334 N.S., S 5.1(part))
108
13D-13 Anchoring.
(a) All new construction and substantial improve-
ments shall be anchored to prevent flotation, col-
lapse or lateral movement of the structure resulting
from hydrodynamic and hydrostatic loads including
the effects of buoyancy.
(b) All manufactured homes shall meet the an-
choring standards of section 130-18. (Ord. No. 334
N.S., ~ 5.1A)
13D-14 Construction materials and
methods.
(a) All new construction and substantial improve-
ments shall be constructed using methods and prac-
tices that minimize flood damage.
(b) All new construction and substantial improve-
ments shall be constructed with electrical, heating,
ventilation, plumbing and air conditioning equip-
ment and other service facilities that are designed
and/or located so as to prevent water from entering
or accumulating within the components during con-
ditions of flooding. (Ord. No. 334 N.S., ~ 5.1B;
amended during 1999 supplement)
13D-15 Elevation and flooclproofing.
(a) New construction and substantial improve-
ment of any structure shall have the lowest floor,
including basement, elevated to or above the base
flood elevation. Nonresidential structures may meet
the standards in subsection (b) of this section. Upon
the completion of the structure the elevation of the
lowest floor including basement shall be certified by
a registered professional engineer or surveyor, or
verified by the community building inspector to be
properly elevated. Such certification or verification
shall be provided to the floodplain administrator.
(b) Nonresidential construction shall either by
elevated in conformance with subsection (a) of this
section or together with attendant utility and sanitary
facilities:
(1) Be f1oodproofed so that below the base flood
level the structure is watertight with walls substan-
tially impermeable to the passage of water;
130-13
(2) Have structural components capable of resist-
ing hydrostatic and hydrodynamic loads and effects
of buoyancy;
(3) Be certified by a registered professional engi-
neer or architect that the standards of this section
are satisfied. Such certifications shall be provided
to the floodplain administrator.
(c) Require, for all new construction and substan-
tial improvements, that fully enclosed areas below
the lowest floor that are subject to flooding shall be
designed to automatically equalize hydrostatic flood
forces on exterior walls by allowing for the entry
and exit of floodwaters. Designs for meeting this
requirement must either be certified by a registered
professional engineer or architect or meet or exceed
the following minimum criteria:
(1) Either a minimum of two openings having a
total new area of not less than one square inch for
every square foot of enclosed area subject to flood-
ing shall be provided. The bottom of all openings
may be equipped with screens, louvers, valves or
other coverings or devices provided that they permit
the automatic entry and exit of floodwaters; or
(2) Be certified to comply with a local
f100dproofmg standard approved by the Federal
Insurance Administration.
(d) Manufactured homes shall also meet the
standards in section 13D-18. (Ord. No. 334 N.S., ~
5.1C)
13D-16 Standards for utilities.
(a) All new and replacement water supply and
sanitary sewage systems shall be designed to mini-
mize or eliminate infiltration of floodwaters into the
system and discharge from systems into floodwaters.
(b) On-site waste disposal systems shall be locat-
ed to avoid impainnent to them or contamination
from them during flooding. (Ord. No. 334 N.S., ~
5.2)
13D-17 Standards for subdivisions.
(a) All preliminary subdivision proposals shall
identify the flood hazard area and the elevation of
the base flood.
109
13D-17
(b) All final subdivision plans will provide the
elevation of proposed structure(s) and pads. If the
site is filled above the base flood, the final pad
elevation shall be certified by a registered
professional engineer or surveyor and provided to
the floodplain administrator.
(c) All subdivision proposals shall be consistent
with the need to minimi7e flood damage.
(d) All subdivision proposals shall have public
utilities and facilities such as sewer, gas, electrical
and water systems located and construction to mini-
mize flood damage.
(e) All subdivisions shall provide adequate drain-
age to reduce exposure to flood hazards, (Ord. No.
334 N.S., ~ 5.3)
13D.18 Standards for manufactured
homes.
All new and replacement manufactured homes
and additions to manufactured homes shall:
(a) Be elevated so that the lowest floor is at or
above the base flood elevation; and
(b) Be securely anchored to a permanent founda-
tion system to resist flotation, collapse or lateral
movement. (Ord. No. 334 N.S., ~ 5.4)
Article IV. Variance Procedure
13D-19 Appeal board.
(a) The town council shall hear and decide ap-
peals and requests for variances from the require-
ments of this chapter.
(b) The town council shall hear and decide ap-
peals when it is alleged there is an error in any
requirement, decision, or determination of this chap-
ter.
(c) In passing upon such applications, the town
council shall consider all teclmical evaluations, all
relevant factors, standards specified in other sections
of this chapter, and:
(1) The danger that materials may be swept onto
other lands to the injury of others;
(2) The danger of life and property due to flood-
ing or erosion damage;
(3) The susceptibility of the proposed facility and
its contents to flood damage and the effect of such
damage on the individual owner;
(4) The importance of the services provided by
the proposed facility to the community;
(5) The necessity to the facility of a waterfront
location, where applicable;
(6) The availability of alternative locations for
the proposed use which are not subject to flooding
or erosion damage;
(7) The compatibility of the proposed use with
existing and anticipated development;
(8) The relationship of the proposed use to the
comprehensive plan and floodplain management
program for that area;
(9) The safety of access to the property in time
of flood for ordinary and emergency vehicles;
(10) The expected heights, velocity, duration,
rate of rise, and sediment transport of the
floodwaters expected at the site; and
(11) The costs of providing governmental servic-
es during and after flood conditions, including main-
tenance and repair of public utilities and facilities
such as sewer, gas, electrical, and water system, and
streets and bridges.
(d) Generally, variances may be issued for new
construction and substantial improvements to be
erected on a lot of one-half acre or less in size
contiguous to and surrounded by lots with existing
structures constructed below the base flood level,
providing items (1) through (II) of subsection (c)
of this section have been fully considered. As the lot
size increases beyond one-half acre, the technical
justification required for issuing the variance in-
creases.
(e) Upon consideration of the factors of subsec-
tion (c) of this section and the purposes of this
chapter, the town council may attach such condi-
tions to the granting of variances as it deems neces-
sary to further the purposes of this chapter.
(f) The floodplain administrator shall maintain
the records of all appeal actions and report any
variances to the Federal Insurance Administration
upon request. (Ord. No. 334 N.S., ~ 6.1)
110
13D-20 Conditions for variances.
(a) Variances may be issued for the reconstruc-
tion, rehabilitation or restoration of structures listed
in the National Register of Historic Places or the
State Inventory of Historic Places, without regard to
the procedures set forth in the remainder of this
section.
(b) Variances shall only be issued upon a deter-
mination that the variance is the minimum neces-
sary, considering the flood hazard, to afford relief.
(c) Variances shall be issued upon:
(1) A showing of good and sufficient cause;
(2) A determination that failure to grant the vari-
ance would resnlt in exceptional hardship to the
applicant; and
(3) A determination that the granting of a vari-
ance will not result in increased flood heights, addi-
tional threats to the public safety, extraordinary
public expense, create nuisances, cause fraud on or
victimization of the public, or conflict with existing
local laws or ordinances.
(d) Variances may be issued for new construction
and substantial improvements and for other develop-
ment necessary for the conduct of a functionally
dependent use provided that the provisions of sub-
sections (a) through (c) of this section are satisfied
and that the structure or other development is pro-
tected by methods that minimize flood damages
during the base flood and create no additional
threats to public safety.
(e) Any applicant to whom a variance is granted
shall be given written notice that the structure will
be pennitted to be built with a lowest floor elevation
below the regulatory flood elevation and that the
cost of flood insurance will be commensurate with
the increased risk resulting from the reduced lowest
floor elevation. A copy of the notice shall be record-
ed by the Floodplain Board in the office of the
Marin County Recorder and shall be recorded in a
manner so that it appears in the chain of title of the
affected parcel of land. (Ord. No. 334 N.S., S 6.2)
13D-20
.
.
III
TOWN OF TIBURON
STAFF REpORT
To:
ITEM NO.
MEETING DATE: 2/7/2001
TOWN COUNCIL
SCOTT ANDERSON, PLANNING DIRECTOR~
AMENDMENTS TO CHAPTERS 2, 15A, 18 AND 20 OF THE TmURON
MUNICIPAL CODE
JANUARY 24,2001
/3
From:
Subject:
Date:
BACKGROUND
The Town has initiated amendments to various chapters of the Municipal Code. The thrust of the
amendments is minor in nature, either intended to update obsolete sections, or resolve clarity
issues that have impaired proper implementation. The draft Ordinance under consideration is
attached as Exhibit 1.
ANALYSIS
A brief analysis of the proposed amendments, ranked by chapter, is provided below
Chapter 2 (Administration)
The amendment to Chapter 2 involves a reduction in the membership of the Parks & Open Space
Commission (POSC) from seven to five members. There has been considerable discussion
regarding this proposed reduction. At its meeting ofJanuary 9,2001, the Parks & Open Space
Commission discussed the matter at length and made a very strong case for the continuance of the
Commission at seven members (see draft POSC minutes attached as Exhibit 2).
As an alternative to reduced membership, the POSC unanimously endorsed a reduction in its
regular meeting schedule from monthlv to bi-monthly.
Should the Town Council decide to proceed with the reduction, the proposed amendment would
read as follows:
Tihuron Town Council
Staff Repol'l
1/7/2001
Chapter 2, Section 2-23 of the Tiburon Municipal Code is hereby amended to read as
follows:
Section 2-23. Composition; appointment and removal of members.
The Parks & Open Space Commission shall consist of _ five members, all of
whom shall be residents of the Town ofTiburon. Members hall be appointed by
the affirmative vote of a majority of the town council, and may be removed by the
affirmative vote of a majority of the town council.
Chapter 15A (Trees)
In attempting to enforce its permit requirements for tree removal, a Marin judge ruled that the
method used to calculate tree circumference was too vague when applied to multi-trunked trees.
Therefore, a more detailed definition of the measurement process is being proposed. The Town is
also clarifying the definition of "Undesirable Tree" and the sources used to determine whether a
tree qualifies as "undesirable" based upon its growth rate and height at maturity. The
amendments would be as follows:
The definitions of ''Tree'' and "Undesirable Tree" setforth in Section 15A-2 of the
Tiburon Municipal Code are hereby amended to read as follows:
(A) "Tree" means:
(/) A woody perennial plant that has a trunk circumference of twenty (20) inches
measured at twenty-four (24) inches above the ground surface; or
(2) A woody perennial plant at least fifteen (/5) feet in height that usually, but not
necessarily, has a single trunk.
In avvlvinf! subsection (J) above. for trees with more than one trunk. the
circumference measurement shall be ascertained from a sinf!le measurement around
the outside verimeter of all trunks and shall not be calculated as the sum total of the
circumferences of the individual trunks.
References to "tree" shall include the plural.
(B) "Undesirable tree" means a Blue Gum Eucalyptus, Monterey Pine, Monterey
Cypress, Coast Redwood, or any other svecies of tree (ref!ardless of its heif!ht or.
trunk circumference) that generally grows more than three (3) feet per year in
height and is capable of reaching a height of over thirty-five (35) feet at maturity.
An "undesirable tree" nevertheless constitutes a "protected tree" ifit meets the
criteria set forth in that definition.
Tiburon Town Council StaffReporl 2/7/2001 2
..
~T:nf3r;U~T:.:3n @;[ t.ss height:: and g:'~Jll'th ~<[tes sl1&!! 38 ietefmine.i u::.:ng Jf ;'8Ee;1!
editiaH a/the Senga: U'{":;Zl-8;';i C~rd8n E[Y}3k Jftha ,"K]if.:;'ad i:&VJp.,<;Jla1.::Jl1,:z J:3f
SJT~iJglJ!2:n lhe JVeZle.X,'1 Ca.-wen JJ33Jr, tlia.'1 ethe.-' 5&1;,"882 :11~1}' 88 :;i:b3.~itf;;t~:J .:,'1
Y1f~ ;'8~mgn51kl.e i,:sBys:ie,'1 :Jfth8 t@ll'l1.
Tree heif!ht at maturitv and tree f!rowth rate shall be determined usinf! a recent
edition of the Sunset Western Garden Book. Trees characterized as havinf! a
"fast f!rowth" rate in the Western Garden Book shall be conclusivelv vresumed to
f!rOW at least three feet in heif!ht ver year. Trees characterized as havinf! a
"moderate to fast f!rowth" rate in the Western Garden Book shall be conclusive Iv
vresumed to f!rOW less than three feet in heif!ht ver year. If the necessary
information on heif!ht and f!rowth rate is not available in the Western Garden
Book. then other sources of information mav be substituted in the reasonable
discretion of the Planninf! Director.
Avvlicants mall submit additional written information from other vublished
sources that mav be used in the Planninf! Director's reasonable discretion to
make necessary determinations for tree heizht at maturitv and tree f!rowth rate.
Chapter 18 (Parks & Recreation)
This chapter of the Municipal Code is outdated in its reference to the Parks & Recreation
Commission instead of the Parks & Open Space Commission. Other minor wording changes are
proposed for clarity. The proposed amendment would be as follows:
Chapter 18 (Parks and Recreation) is hereby re-named "Chapter 18 (Parks, Open Space,
and Recreational Lands ") and Sectioll 18-1 is amended to read as follows:
Section 18-1. Adoption of rules and regulations.
The town manager is authorized and directed to pre:m:!gtlte SI18,~ set forth rules
and regulations as he slee:lifJ deemed proper to regulate and govern the use,
operation, control and maintenance of those parks, oven svaces, and recreational
lands under the control of the town. Any such rule or regulation shall be
promptly transnlitted to the t611'l1 e:Jffl1si.' In-&! ts ,~,fiB ;;[f,"l~.7 ~c][i 1'8B,"8J.~,::Jll
83:ii:ii,:s&i3:1 Sln,i Darks and onen snace comnlission for its vroml21
recommendation to the town council. Anv such rule or ref!1llation shall be
effective thirty (30) days ~:f.~8;' ;;:'smr..'g:rtian, tnle:;c #:8 (911'l1 83Ul1e.:! .i':~%{i>p1'3r8:3
3i.B.1.r n.,'e &1' ?Bgi:l8ft.:el1 11'.;,~hin d1Slt pepis.i from its referral to the varks and oven
svace commission unless disavproved bv the town council within that time veriod
Tiburon Town Council
Staff Report
2/7/2001
3
Chaoter 20 (Animals & Fowl)
The Town's 1970's-vintage Horse License Ordinance duplicates, and is to some extent
inconsistent with, provisions of the current Zoning Ordinance. With a few amendments and
deletions, this sturdy but seldom-used war-horse will be good for another several decades. The
proposed amendments are as follows:
Chapter 20 (Animals and Fowl) is amended as follows:
(A) Section 20-9 is amended to read asfollows:
No horse may be kept or maintained within the town without the owner first
obtaining a conditional use permit u:Is!el' the prel'i:;.:o:]:; :;1 Jhe ZS:l.:;;g 3r'iR:lsaUiJ2
vursuant to Section 4.04 of Chapter 16 (Zoninf!) of the Tiburon Municival Code.
(B) Sections 20-11,20-12,20-13,20-14,20-15, and 20-19 are hereby
repealed.
The sections listed in (B) above are lengthy and are attached separately as Exhibit 3.
RECOMMENDA nON
Following a public hearing, the Town Council should move to read by title only, pass the motion,
and then hold a roll call vote on first reading of the Ordinance.
EXHIBITS
1. Draft Ordinance.
2. Draft POSC minutes ofJanuary 9, 2001 meeting.
3. Sections of Chapter 20 to be repealed.
Imunicode/mca200 1-0 1 tcrcport.doc
Tiburon Town Council
Staff Report
2/7/2001
4
ORDINANCE NO. N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON AMENDING PROVISIONS OF
CHAPTER 2 (ADMINISTRATION); CHAPTER 15A
(TREES); CHAPTER 18 (PARKS & RECREATION); AND
CHAPTER 20 (ANIMALS & FOWL) OF THE
TIBURON MUNICIPAL CODE
The Town Council of the Town ofTiburon does ordain as follows:
Section L
Findinl!s.
A. The Town Council has held duly noticed public hearings on February 7 and
February 21, 2001, and has heard and considered public testimony on the proposed
amendments.
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 amendment 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 Environmental Quality Act per Section 15308 of the
CEQA Guidelines.
Section 2.
Amendment to Chapter 6: (Administration).
Chapter 2, Section 2-23 of the Tiburon Municipal Code is hereby amended to read
as follows:
Section 2-23. Composition; appointment and removal of members.
The Parks & Open Space Commission shall consist of five members, all of
whom shall be residents of the Town of Tiburon. Members hall be
appointed by the affirmative vote of a majority of the town council, and
may be removed by the affirmative vote of a majority of the town council.
Town of Tiburon
Ordinance No. --- N.S.
Effective --/--/200 I
Page
1
EXHIBIT NO.
I
Section 3.
Amendment to Chapter 15A (Trees).
The definitions of "Tree" and "Undesirable Tree" set forth in Section 15A-2 of the
Tiburon Municipal Code are hereby amended to read as follows:
(A) "Tree" means:
(1) A woody perennial plant that has a trunk circumference of twenty (20)
inches measured at twenty-four (24) inches above the ground surface; or
(2) A woody perennial plant at least fifteen (15) feet in height that usually, but
not necessarily, has a single trunk.
In applying subsection (1) above, for trees with more than one trunk, the
circumference measurement shall be ascertained from a single measurement
around the outside perimeter of all trunks and shall not be calculated as the
sum total of the circumferences of the individual trunks.
References to "tree" shall include the plural.
(B) "Undesirable tree" means a Blue Gum Eucalyptus, Monterey Pine,
Monterey Cypress, Coast Redwood, or any other species of tree
(regardless of its height or trunk circumference) that generally grows more
than three (3) feet per year in height and is capable of reaching a height of
over thirty-five (35) feet at maturity. An "undesirable tree" nevertheless
constitutes a "protected tree" if it meets the criteria set forth in that
definition.
Tree height at maturity and tree growth rate shall be determined using a
recent edition of the Sunset Western Garden Book. Trees characterized as
having a "fast growth" rate in the Western Garden Book shall be
conclusively presumed to grow at least three feet in height per year. Trees
characterized as having a "moderate to fast growth" rate in the Western
Garden Book shall be conclusively presumed to grow less than three feet in
height per year. If the necessary information on height and growth rate is
not available in the Western Garden Book, then other sources of
information may be substituted in the reasonable discretion of the Planning
Director
Applicants may submit additional written information from other published
sources that may be used in the Planning Director's reasonable discretion
to make necessary determinations for tree height at maturity and tree
growth rate.
Town of Tiburon
Ordinance No. m N.S.
Effective --/--1200 I
Page
2
Section 4. Amendment to Chapter 18 (Parks & Recreation).
Chapter 18 (Parks and Recreation) is hereby re-named "Chapter 18 (Parks, Open
Space, and Recreational Lands") and Section 18-1 is amended to read as follows:
Section 18-1. Adoption of rules and regulations.
The town manager is authorized and directed to set forth rules and
regulations as deemed proper to regulate and govern the use, operation,
control and maintenance of those parks, open spaces, and recreational
lands under the control of the town. Any such rule or regulation shall be
promptly transmitted to the parks and open space commission for its
prompt recommendation to the town council. Any such rule or regulation
shall be effective thirty (30) days from its referral to the parks and open
space commission unless disapproved by the town council within that time
period.
Section 5. Amendment to Chapter 20 (Animals and Fowl).
Chapter 20 (Animals and Fowl) is amended as follows:
(A) Section 20-9 is amended to read as follows:
No horse may be kept or maintained within the town without the owner
first obtaining a conditional use permit pursuant to Section 4.04 of Chapter
16 (Zoning) of the Tiburon Municipal Code.
(B) Sections 20-11, 20-12, 20-13, 20-14, 20-15, and 20-19 are hereby
repealed.
Section 6. Severabilitv.
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.
Town of Tiburon
Ordinance No. h_ N.S.
Effective --/--/200 I
Page
3
Section 7.
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 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 ,2001, and was adopted at a regular meeting of
the Town Council of the Town of Tiburon on ,2001, which was noticed
pursuant to Government Code Section 50022.3, by the following vote
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT
COUNCILMEMBERS:
ANDREW THOMPSON, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE L CRANE IACOPI, TOWN CLERK
lMunicode/mca200 1.0 1 ord.doc
Town of Tiburon
Ordinance No. m N.S.
EtTective --/--/200 I
Page
4
3. Reduction of pose to five (5) members.
[ill [R1!A\ [fIT
Planning Director Anderson stated that this item had been placed on the agenda at the POSC's
request. The Town Council has directed that Staff begin the formal process to reduce the number of
Parks & Open Space Commissioners from seven to five. The Planning Commission would hear this
first since it is a zoning ordinance and then it would go to the Town Council. The Town Council is
scheduled to hear it at the February 7th meeting.
Commissioner Sullivan stated he was opposed to the reduction of members. He thought all the
negatives in the Town Manager's letter could be refuted. While the letter stated that most
commissions have five members, he noted that the Heritage and Arts Commission has seven members.
Mr Anderson said that some of these members are from Belvedere and other portions of the
Peninsula.
Commissioner Sullivan stated that concerning decision-making being more efficient, he felt it was
more important to have more points of view. He thought that opening the Commission up to more
members brings more people into the system, and that many people go from this commission to serve
on other commissions. Two applicants applying to the Town Council had been on the Parks & Open
Space Commission. This helps to bring new blood into the process. Belvedere is expanding its parks
commission to 14 members. This provides a wider representation of the community and a diversity
of ideas. Another factor is that the POSC could not have three people on a subcommittee with only
five on the board.
The comment was made that in recent Town Council minutes, Councilmember Hennessy complained
that only two members from the POSC had attended the Town CouncillPOSC workshop, but they
remembered that four were present.
Commissioner Canter said that she thought the earlier Kleinert memo regarding poor attendance had
cast a shadow on the Commission, which influenced the new Town Manager to make the comment
about attendance.
Vice-Chair Eth stated that attendance has been an issue, and perhaps they have not been the most
efficient or focused organization, and the Council just wants it to run smootWy. But, he agrees that
it is an entry-level commission and training ground for other commissions. It is hard to find people
to serve on commissions so if people do want to serve, the membership should not be cut back. This
is the least threatening of the commissions.
Planning Director Anderson noted that part of the concern is staffing levels. The Commission has
been rotating between the administration and planning departments, because with such a small Town
staff, everyone is quite busy and this spreads the burden. He suggested that an alternative could be
that the POSC keeps the same membership, but meets only every other month.
Vice-Chair Eth agreed that subcommittees do much of the work and meeting every other month
would work. Mr Anderson said that the POSC could always have special meetings if necessary.
Tiburon Parks & Open Space Commission
2
Minutes No. 182-January 9,2001
EX-BIBIT NO. cl
Commissioner Sullivan stated that it would be more beneficial to stay with one staff person for
continuity. Mr. Anderson said that was unlikely to happen, but perhaps when Associate Planner
Theriault returns from maternity leave, it would be possible.
MIS EthlLindqvist (4-0) to recommend to the Town Council that the Parks & Open Space
Commission continue with the membership of seven, but reduce the frequency of meetings to every
other month. The reasons are as follows:
· To promote diversity of views, both geographic and individual.
. To encourage volunteerism.
. To provide a platform for launching candidates to other boards and commissions.
. Because of the time involved for labor intensive projects.
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Tiburon Parks & Open Space Commission
3
Minutes No. 182 -January 9, 200!
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20-11 Same-Contents of application-
Notice to property owners.
Each application for a permit shall be made to the
town clerk upon a form provided by the town for
such purpose, and shall be accompanied by a site
plan showing the location of the proposed stables,
corrals, fences and other structures and facilities for
the maintenance of homes as well as indicating the
distance from existing structures on the subject
parcel and the location on neighboring parcels of all
buildings within a distance of one hundred feet from
the boundaries of the subject parcel. Elevations of
any proposed buildings or fences in sufficient detail
to indicate appearance and use of building materials
shall be required. The development administrator
shall give notice of the application no less than ten
days before acting on the application, by mailing
postcards to all property owners within three hun-
dred feet of the exterior boundaries of the parcel, or
to such owners as in his discretion might be materi-
ally affected, using the ownerships, names and ad-
dresses from the last adopted tax roll. The notice
shall invite the comments of the property owners
regarding the application, which comments shall be
considered by the town clerk, and shall set forth the
location of the parcel, the name of the applicant and
the date on or after which the application will be
acted upon. As long as the notices have been sent
the failure of any property owner to receive th~
notice shall not invalidate the proceedings. (Ord.
No. 93 N.S., ~ 5; Ord. No. 441 N.S., ~ 5 (part))
20-12 Same-Who may apply.
Applications for permits may be made only by a
resident of the Town of Tiburon or the city of Bel-
vedere who owns or will own the horse as to which
a permit is sought, or if he is not a resident, owns
the land upon which the horse is to be kept and
maintained. If the applicant is not also the owner or
a member of the immediate family of the owner of
the land on which the horse is to be kept and main-
tained, the application shall disclose the name and
address of such owner, and shall be co-signed by
such owner. (Ord. No. 93 N.S., ~ 5; Ord. No. 101
N.S., ~ 1; Ord. No. 128 N.S., ~ I; Ord. No. 441
N.S., ~ 5 (part))
20-11
20-13 Same-Issuance by town cIerk-
Appeal.
If, in the opinion of the town clerk, it appears
that the requirements of this and other applicable
town ordinances and state laws will be met, a permit
shall be issued as provided. The decision of the
town clerk may be appealed in writing to the town
council within ten days after the date of mailing
notice of the decision by the applicant or by any
neighboring property owner. The town council, at
a regular meeting not later than thirty days follow-
ing the receipt of the notice of appeal, shall hear
such evidence as may be introduced concerning such
appeal, and make its findings and decisions thereon.
The town council may continue the hearing from
time to time, and shall have the authority to affirm,
reverse or modify the action appealed from, based
on the record on appeal and the evidence received
at the hearing. The decision of the council shall be
[mal and conclusive. (Ord. No. 93 N.S., ~ 5; Ord.
No, 441 N.S., ~ 5 (part))
20-14 Same-Revocation or suspension.
Any permit granted hereunder shall be subject to
revocation or suspension by the town council for
failure to comply with the provisions of this article,
The following procedures shall be observed:
A notice shall be served on the person holding
such permit, specifying wherein he is failing to
comply with this article or with any terms or condi-
tions specified on the permit for maintenance of
horses, and requiring him to report or appear before
the development administrator at a date and hour
specified, not less than five days after the serving
of such notice on such permit holder, to show cause
at such time and place why such permit should not
be revoked or suspended. At such time and place,
the person holding such permit shall have the right
to appear in person or by counsel and to introduce
such evidence as he may desire, and the develop-
ment administrator shall confront such permit holder
with any charges that such development administra-
tor may have against him. After such hearing, the
development administrator may, if in his opinion the
permit holder has violated the terms of his permit,
191
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20-14
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revoke or suspend such permit. No horse shall there-
after be maintained on the subject premises unless
and until the violation has been corrected, in which
case the permit may be reinstated or a new permit
issued by the town clerk. If any permit is revoked
or suspended, the person holding such permit may
appeal such decision to the town council. (Ord. No.
93 N.S., g 7; Old. No. 441 N.S., g 5 (part))
/) 20-15 Same-Termination date-Fees-
\ Renewal.
'/, Permits shall be issuable on any business day of j
. the year and shall expire on June 30 of each year I
I thereafter, unless revoked due to violation of the '
! provisions herein. Fees for permits required under Ii
! this article shall be fixed annually by resolution of I
! the town council. Permits shall be renewable annual- )
i Iy upon payment of the required annual fee unless
I evidence of violation has been received by the town
~i clerk. (Ord. No. 93 N.S., g 3; Orc!. No. 441 N.S., g
_ 5 (part))
"-
20-16 General requirements.
(a) Compliance required. All horses shall be kept
in a corral or stable meeting the requirements of this
article, unless kept in a pasture under conditions
meeting the requirements of this article.
(b) Construction of pastures, corrals and stables.
(1) All corrals and pastures shall be enclosed by
a substantial fence.
(2) Corrals for the enclosure of stallions shall
conform to the state statutes and regulations govern-
ing safety fencing.
(3) All new stables shall be built in conformance
with the building code of the town.
(c) Fire protection. The keeping of horses, and
buildings and structures for this purpose, shall con-
form with the fire protection standards and policies
of the town as established by resolution of the town
council.
(d) Drainage. Every parcel of land upon which
horses are maintained shall be well drained. The
surface of all corrals or enclosures shall be graded
so as to prevent the accumulation of storm or casual
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waters, and so as to prevent erosion of top soil into
watercourses or drainage ditches or conduits.
(e) Sanitary conditions. It is declared to be a
nuisance, and it is unlawful, to keep any horses on
premises which, in the opinion of a health officer,
are in an unsanitary or unhealthy condition.
(f) Inspections. Every premises for which a
permit is issued shall be subject to inspection by
town officials, and the holder of any permit shall
agree to such inspections as a condition of the grant-
ing of such permit. (Ord. No. 93 N.S., g 4; Old. No.
441 N.S" g 5 (part))
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20-17 Maintenance of horses for private
use.
The maintenance of horses for private use, not for
hire or rental and not primarily for remuneration or
sale, shall be subject to the procedures, regulations
and requirements set forth in this section in addition
to the general requirements of this article.
Location and area requirements shall be as fol-
lows:
(a) The minimum lot area upon which one or
two horses may be kept shall be one acre. An addi-
tional horse may be kept on each additional one-half
acre.
(b) The minimum area in which each horse may
be confined shall be six hundred square feet.
(c) The distance of a stable from a neighboring
house shall be not less than eighty feet, unless prop-
erly authorized by action taken under section 20-19.
(d) The minimum distance of a stable building
from any neighboring parcel line or from any street
or residence on the same lot, shall be not less than
forty feet.
(e) The minimum distance of a pasture or corral
from any neighboring parcel line or street parcel line
shall be ten feet, or such greater distance as the
applicable zoning ordinance provision may provide.
(f) Stable buildings shall be so sited or construct-
ed as to not present an unsightly appearance to
neighboring properties. (Ord. No. 93 N.S., g 5; Ord.
No. 441 N.S., g 5 (part))
w
192
20-18 Penalty for violations of article.
In addition to all other remedies available under
this Code or state law, any violation of this article
shall be subject to abatement as a public nuisance.
All costs relating to the enforcement of this chapter
shall be borne by and recoverable from the person
in violation thereof. (Ord. No. 93 N.S., ~ 6; Ord.
No. 44] N.S., ~ 5 (part); Ord. No. 445 N,S., ~ 6)
20-19 Modifications by town council. )
The town council shall have the right to modify
the strict application of this article where there are .
extraordinary conditions affecting the property of
the applicant. In such cases, the applicant shall /
request a public hearing before the town council, S
and if, after such public hearing, the council finds
that by following the strict letter of this article,
unreasonable restrictions, unnecessary or extraordi-
nary hardships or damage will be imposed upon the
applicant, then any of the provisions or regulations
hereof may be modified in harmony with the gener-
al pwpose and objectives hereof to the end that the
public health, safety and welfare may be secured.
(Ord. No. 93 N.S., ~ 8; Oni. No. 44] N.S., ~ 5 /
(part)) ./ .
]93
20-18
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Tiburon Town Code
SUBCHAPTER 5:
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Chapter 16: Zoning
GENERAL REGULATIONS
SECTION S.li ~.OO. ENFORCEMENT.
The Planning Director may withhold issuance of any permit or
entitlement of use authorized under the provisions of this Chapter
if he or she determines that there has not been full compliance
with all applicable ordinances, regulations, and statutes
pertaining to land divisions, including but not limited to the
State Subdivision Map Act (California Government Title 7, Division
2), and Chapter 14 of the Tiburon Municipal Code; or if it appears
that the land to which the permit applies is not a legally created
lot or parcel. Any permit, license, or other certificate of
entitlement issued contrary to the provisions of this Chapter is
void.
SECTION s..J.,J. 1i!o. 00. VIOLl'.TIONS l'.ND PENl'.T.TIES.
s.u ~.Ol. Infraction.
Any person violating any provision or failing to comply with any
requirement of this Chapter, includina without limitation anv
violation of anv zonina oermit condition. shall be guilty of an
infraction. Penalties for infractions shall be those set forth in
Government Code Section 36900, as amended. Violations mav also be
orosecuted administrativelv. oursuant to Chaoter 31 of the Tiburon
Municioal Code.
S.U ~.02. Power of Arrest.
The Town
Rllilcl;na
power of
Chapter,
Manager, Planning Director, and Building Off;r.;~l
Inspector, or their designee, are hereby authorized the
arrest for any person who violates any provision of this
pursuant to section 836.5 of the California Penal Code.
S.U ~.03. PUblic Nuisance.
Any violation of this Chapter shall constitute a public nuisance.
In addition to any other remedies provided in this Section, the
Town may summarily abate any such violation and/or bring civil suit
to abate the same.
S.U ~.04. separate Offenses--Cumu1ative Remedies.
Each and every day 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.
Tiburon Zoning Ordinance (No. 360 N.S., as amended)
Page
191
TOWN OF TIBURON
STAFF REPORT
ITEM NO. Ii
MEETING DATE 21712001
To: TOWN COUNCIL
From: SCOTT ANDERSON, PLANNING DIRECTO~
Subject: ZONING ORDINANCE TEXT AMENDMENTS (TOWN-INITIATED)-
ORDINANCE, FIRST READING
Date: JANUARY 30,2001
BACKGROUND
Town Staff has prepared numerous text amendments to the Tiburon Zoning Ordinance as part of
a routine, periodic update process. Councilmembers previously received redlined sheets of the
proposed amendments. Please bring these sheets to the Council meeting as they are not being
reproduced in this packet
PLANNING COMMISSION REVIEW
The Planning Commission reviewed and discussed the proposed zoning ordinance text
amendment" at its meeting on January 10,2001. Draft minutes are attached as Exhibit 1. The
Planninl" lmission discussion was productive but brief, and no one from the public desired to
speak. 'L ~ommission adopted Resolution No. 2001-01 (Exhibit 2) recommending approval of
the proposed amendments.
ANALYSIS
All of the proposed amendments are intended to be non-controversial. Should any amendment
generate controversy, the Council should consider deleting that specific amendment if a timely
resolution of the controversy does not appear likely.
Under State law, any substantive modification to the Zoning Ordinance by the Town Council, that
was not previously considered by the Planning Commission, must be referred back to the Planning
Commission for is report and recommendation. Any such items could be referred to the Planning
Commission for consideration at its February 14th meeting, and the response considered at the
Town Council meeting of February 21" when second reading would normally occur. This would
be the correct procedure for a change in the maximum allowable size of a secondary dwelling unit,
TIBURON TOWN COUNCIL
STAFF REPORT
2/7/2001
as has previously been suggested by the Town Council, but not considered by the Planning
Commission.
Staff recommends deletion of one proposed amendment (on P. 77 of the redlined sheets) that was
included in the original proposed amendments reviewed by the Planning Commission. This
amendment involves a change in permitted and conditional uses in the P (Public/Quasi Public)
zoning district. Because this amendment would involve a change in the type of permitted uses in
a specific zone, it is the better practice to individually notifY all owners of property in that zone of
the proposed change. Such individual notice was not provided for an omnibus amendment such
as the one before you. Staff recommends that the proposed amendments on P 77 be deferred to
a later round of Zoning Ordinance amendments, where notice would be provided to each of the
property owners in that zone.
If there are any questions regarding proposed amendments, Staff encourages individual
Councilmembers to call the Planning Director prior to the meeting for clarification. Otherwise,
Staff will be prepared to discuss and explain any and all of the proposed amendments at the
meeting.
Attached as Exhibit 3 is the draft ordinance that would adopt the amendments. The ordinance
contains the same text amendments as the redlined sheets distributed earlier, but without the
strike-throughs and double-underlines. Each amended section set forth in the draft ordinance
reads as the Zoning Ordinance would read after incorporation of these amendments.
RECOMMENDA nON
. Hold a public hearing.
· Consider any modifications or deletions, and determine whether a referral to the Planning
Commission is required for those modifications or deletions.
· Move to read by title only, pass the motion, and then hold a roll call vote on first reading of
the Ordinance.
EXHIBITS
I. Draft minutes from Planning Commission meeting ofJanuary 10, 2001.
2. Planning Commission Resolution No. 200]-01.
3. Draft Ordinance.
Z200 1-0 I tcreport.doc
nBURON TOWN COUNCIL
STAFF REPORT
2/7/200 I
/A[F IT
amendments to Subchapters 1-5 involving, among other items, amendment to the
defInitions, condominium conversion regulations, Parks and Open Space Commission
membership and deletion of references to the Board of Adjustments and Review.
ZONING ORDINANCE:
TOWN-INITIATED TE
4.
Planning Director Anderson and the Commission discussed minor changes.
Commissioner Snow asked why "kitchenette" was being stricken from page 15. Mr. Anderson
said that the definitions section should contain words that are used elsewhere in the Zoning
Ordinance and kitchenette is not.
Mr. Anderson discussed the definition of "owner of record," which only applies for secondary
dwelling units. It is important that the owner of the site actually lives in the unit or the main
house. The Town really wants someone who has at least 50% ownership living there. This is a
way of keeping units under control of the owner of the property, as problems are more likely
to arise when there is more than one unit and the owner does not live in either one.
Chair Slavitz questioned why some of the duties of the Planning Commission, Design Review
Board, and Town Council are struck through, Who does oversee those items? Planning
Director Anderson replied that those items that are struck through are not zoning permits and
do not necessarily belong in the zoning ordinance, However, that section does provide useful
information and could be left in for that purpose, with the addition of "and other duties. "
Planning Director Anderson explained other changes: on page 29 "precise development plan"
should be underlined as it is a new definition; on page 32, the "slope" definition was taken out
because Section 4.01.02 has been repealed, but it could be kept in using the same definition
that is found in the subdivision ordinance.
Concerning the terms of boards and commissions, Section 3.02.04 on page 89 is proposed for
repeal because the Town recently amended Chapter 2 of the Municipal Code. This section
could be left in, as the whole section is . good information. It was agreed it would be left in,
and also Sections on pages 94 and 102 regarding Planning Commission and POSC terms.
What prompted this revision was the Town Council recommendation to reduce the number of
Parks and Open Space Commission members. But that may be avoided by reducing the
number of meetings rather than the number of members.
Commissioner Fredericks had submitted written comments on Section 2.03.00. Mr. Anderson
stated that several areas of the county have already annexed into Tiburon that are not
contiguous and do not belong to an identified neighborhood such as Bel Aire, so he cannot
implement her suggestion,
There were changes made to the last paragraph on page 49 to make it easier to read.
There was no public comment.
EXHIBIT NO.
(
TIBURON PLANNING COMMISSION
8
MINUTES NO. 837 OF JANUARY 10, 2001
M/S Stein/Snow (3-0-2) to recommend approval of the zoning text amendments to the
Town Council.
ADJOURNMENT
Having no further business, the Commission adjourned at 10:55 p.m,
JEFFREY SLA VITZ, CHAIR
Tiburon Planning Commission
ATTEST:
SCOTT ANDERSON, SECRETARY
MOlOllO
TIBURON PLANNING COMMISSION
9
MINUTES NO. 837 OF JANUARY 10, 2001
RESOLUTION NO. 2000-02
A RESOLUTION OF THE PLANNING COMMISSION
OF THE TOWN OF TIBURON RECOMMENDING ADOPTION OF ZONING ORDINANCE
TEXT AMENDMENTS TO THE TOWN COUNCIL
WHEREAS, the Town of Tiburon has initiated text amendments
to the Town's Zoning Ordinance (No. 360 N.S., as amended); and
WHEREAS, the Tiburon Planning Department determined that the
project has no potential to result in adverse impacts on the
environment and is exempt from the requirements of CEQA; and
WHEREAS, a display ad notice of the public hearing on the
amendments was published in the ARK newspaper on December 20,
2000; and
WHEREAS, the Planning Commission did hold duly noticed and
advertised public hearing on January 10, 2001, at which no
testimony was received from the public, and
WHEREAS, the Planning Commission finds that the proposed
Zoning Ordinance text amendments are consistent with the goals,
policies, and programs of the Tiburon General Plan.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission
hereby recommends that the Town Council adopt the Zoning
Ordinance text amendments as set forth in the attached Exhibit
"A".
PASSED AND ADOPTED at a regular meeting of the Planning
Commission of the Town of Tiburon held on January 10, 2001, by
the following vote:
AYES:
NOES:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
Slavitz, Snow & Stein
None
Berger & Fredericks
/s/ Jeffery Slavitz
JEFFREY SLAVITZ, CHAIRMAN
Tiburon Planning Commission
ATTEET, ~__
~
S TT ANDERSON, SECRETARY
Tiburon Planning Commission
\res\zoamendpcres.doc
Tiburon Planning Commission Resolution No. 2001-02
1/10/2001
1
ELT-IIBIT NO. .1
ORDINANCE NO.
N.S.
AN ORDINANCE OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON REPEALING, ADDING, AND/OR AMENDING
VARIOUS PROVISIONS OF CHAPTER 16 OF THE TIBURON MUNICIPAL CODE
COMMONLY KNOWN AS THE TIBURON ZONING ORDINANCE
(ORDINANCE NO. 360 N.S. AS AMENDED)
The Town Council of the Town of Tiburon does ordain as
follows:
Section 1.
Findings.
BE IT ORDAINED that the Town Council of the Town of Tiburon
finds as follows:
1. The Town of Tiburon has initiated text amendments to the
Town's Zoning Ordinance (No. 360 N.S., as amended); and the
amendments have been determined to be exempt from the
requirements of CEQA.
2. The Planning Commission did hold duly noticed and advertised
public hearings on January 10 and January 24, 2001, and did
receive and consider testimony from the public concerning
the proposed Zoning Ordinance text amendments, as required
by law, and, following the public hearing, did adopt
Resolution No. 2001-02 recommending adoption of the Zoning
Ordinance text amendments to the Town Council.
3. The Town Council did hold duly noticed and advertised public
hearings on February 14 and February 28, 2001, and did
receive and consider testimony from the public concerning
the proposed Zoning Ordinance text amendments, as required
by law.
4. The proposed Zoning Ordinance text amendments are consistent
with the goals, policies, and programs of the Tiburon
General Plan, as documented in the Planning Commission Staff
Report dated January 10, 2001.
Section 2. Repeal of Zoninq Ordinance Provisions.
The following provisions of the Tiburon Zoning Ordinance are
hereby repealed:
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T.1Xlq~BIT N ) IJ
.f!, ,._.1'. _ l.~
In Section 1.05.12, the definition of "Land Capacity
Report" is hereby deleted.
In Section 1.05.16, the definitions of "Plan" and "Plan,
Precise Development" are hereby deleted.
Section 2.07.04, "Planned Development Index", is hereby
repealed.
Section 3.02.02, (Duties of Board of Adjustments & Review)
is hereby repealed.
Sections 4.12.02 (Merger of Parcels), 4.12.03 (Land Capacity
Report), and 4.12.04 (Contents of Land Capacity Report) of
the Tiburon Zoning Ordinance are hereby repealed.
Sections 5.09.00, 5.10.00, 5.11.00, 5.12.00, 5.12.01,
5.12.02, 5.12.03, 5.12.04 and 5.13.00 of the Tiburon Zoning
Ordinance are hereby repealed.
Section 3. Amendment of Zoninq Ordinance Provisions.
The following provisions of the Tiburon Zoning Ordinance are
hereby amended:
Section 1.01.00 of the Tiburon Zoning Ordinance is amended to
read as follows:
SECTION 1.01.00. SHORT TITLE.
This Chapter of the Tiburon Municipal Code (Chapter 16) shall
be known, and may be cited, as the Zoning Ordinance of the
Town of Tiburon.
Section 1.02.00 of the Tiburon Zoning Ordinance is amended to read
as follows:
SECTION 1.02.00. ORDINANCE NO.9 N.S. SUPERSEDED.
The Town's previous Zoning Ordinance, known as Ordinance No.9
N.S., and all ordinances amending Ordinance 9 N.S., shall be
superseded on December 26, 1990. Applications deemed
"complete" after December 26, 1990 shall be governed by
Ordinance No. 360 N.S., and amendments thereto, provided that
the following provisions are made:
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Draft Ordinance Amending Tiburon Zoning Ordinance
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(a) All nonconforming uses or structures which were lawfully
existing or maintained, or for which a valid building
permit was issued, under the provisions of prior
ordinances or law prior to December 26, 1990 shall be
deemed to be legal nonconforming uses or legal
nonconforming structures, respecti vely. (See Sections
5.03.00 and 5.04.00).
(b) The provisions of this Zoning Ordinance, insofar as they
are substantially the same as existing ordinances
relating to the same subject matter, shall be construed
as restatements and continuations thereof and not new
enactments;
(c) Ordinance No. 360 N.S., and amendments thereto, are not
intended to legalize nor give validity to, nor was
Ordinance No. 9 N.S. intended to legalize nor give
validity to, any use of any land or building in the Town
of Tiburon existing and maintained on the date of the
adoption of said ordinances, in violation thereof or of
applicable law, or any civil action to enforce the
provisions thereof, and neither Ordinance No. 360 N. S.,
and amendments thereto, nor Ordinance No. 9 N. S. shall
be so construed.
(d) To the extent required by State law or development
agreements approved prior to December 26, 1990,
Ordinance No. 9 N.S., and amendments thereto, shall
continue to be applicable to properties which have
"vested" development rights under Ordinance No.9 N.S.
Section 1.03.00 of the Tiburon Zoning Ordinance is amended to
read as follows:
SECTION 1.03.00. SCOPE.
This Chapter shall apply, insofar as legally permissible, to
all property within the incorporated limits of the Town,
including the public streets and waterways, public utility
poles, lines, and underground facilities for primary
distribution systems, whether such property is owned by the
United States of America or any of its agencies, the State of
California or any of its agencies or political subdivisions,
any county or city including the Town or any of its agencies,
any authority or district organized under the laws of the
State of California, or private persons, firms, corporations,
utilities, or organizations.
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Except in cases where a property owner can establish a vested
right to be regulated by any prior ordinance or
Town-recognized document, the provisions of this Chapter shall
apply to all property development in the Town of Tiburon.
Examples of such "vesting" could be, but are not limited to,
one of the following, if in effect prior to December 26, 1990:
1. A valid Development Agreement.
2. A recorded Vesting Tentative Map.
3. A Town-recognized stipulated legal settlement.
Non-vested properties for which Master and/or Precise Plans or
their equivalent have been adopted prior to December 26, 1990,
shall continue to be governed by the provisions of those
approvals, except that all such properties shall be subject to
the floor area limit provisions of this Chapter, where such
provisions are more restrictive than the floor area limit
provisions, if any, contained in the Master and/or Precise
Plans.
Section 1.04 of the Tiburon Zoning Ordinance is amended to read as
follows:
SECTION 1.04.00. PURPOSE AND AUTHORITY.
This Chapter is enacted pursuant to the provisions of Article
XI, Section II, of the Constitution of the State of
California, and the provisions of the California Government
Code set forth in Chapter 4, Title 7 (Sections 65800 et seq.);
Chapter 10, Title 3 (Sections 26027 and 26028); and Chapter 2,
Title 5 (Section 50485), or successor sections.
This Zoning Ordinance
public health, safety,
the Zoning Ordinance
following objectives:
is adopted to protect and promote the
and general welfare. More specifically,
is adopted in order to achieve the
(a) To provide a framework for the physical development of
the Town in such a manner as to preserve its essential
residential character consistent with the General Plan.
(b)
To foster a harmonious, convenient,
relationship among land uses.
and workable
(c) To promote the stability of existing land uses that
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Draft Ordinance Amending Tiburon Zoning Ordinance
1/22/2001
conform with the General Plan and to protect them from
inharmonious influences and harmful intrusions.
(d) To ensure that public and private lands ultimately are
used for the purposes which are most appropriate and
most beneficial to the Town as a whole.
(e) To prevent excessive population densities and
overcrowding of the land with structures.
(f) To promote a safe, effective traffic circulation and
transportation management system.
(g) To require the provision of adequate off-street parking
and loading facilities.
(h) To facilitate the appropriate location of community
facili ties.
(i) To permit office and commercial activities in
appropriate locations in accordance with the General
Plan in order to strengthen the Town's economic base and
to provide services for the community.
(j)
To preserve the natural beauty of the
to ensure conservation of its
recreational, and wildlife resources.
Town's
scenic,
setting and
historic,
(k) To ensure that uses and structures enhance their sites
and harmonize with the surrounding area.
(1) To ensure that new development will not overtax existing
utili ties systems or community facilities, or services,
or alternatively that provision is made to supplement
existing facilities or services where needed to
accommodate new development.
(m) To provide a framework for implementation of the Town's
adopted General Plan elements.
(n) To preserve and enhance the quality of the human
environment.
Section 1.05.00 of the Tiburon Zoning ordinance is amended to
read as follows:
SECTION 1.05.00.
DEFINITIONS.
The following definitions shall be used in the interpretation
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Draft Ordinance Amending Tiburon Zoning Ordinance
1/22/2001
of this Chapter. Should there be any difference between the
following definitions and those in other sections of this
Chapter, the more detailed and specific definition shall take
precedence, unless otherwise determined by the Director.
In Section 1.05.01 of the Tiburon Zoning Ordinance, the
definition of "Attached Secondary Dwelling Unit" is amended to
read as follows:
Attached Secondary
dwelling unit lS a
common wall with the
Dwelling Unit: An attached
secondary dwelling unit that
principal place of residence.
secondary
shares a
In Section 1.05.02 of the Tiburon Zoning Ordinance, the
definitions of "Basement, or Below-grade story"; "Board"; and
"Building", are amended to read as follows:
Basement, or Below-grade Story: Any floor area where the top
surface of the floor or roof above, as measured at the outer
edge, does not exceed 3 feet above grade for more than 50% of
the perimeter of the basement or below-grade story, nor exceed
4 feet above grade for more than 25% of said perimeter, nor
exceed 7 feet above grade at any point.
Board: The Design Review Board.
Building: Any structure used or intended for supporting or
sheltering any use or occupancy. When any portion thereof is
completely separated from every other portion thereof by an
approved fire wall assembly or separation as defined by the
Uniform Building Code, without any window, door, or other
opening therein, which fire wall extends from the ground to
the upper surfaces of the roof at every point, then such
portion shall be deemed to be a separate building.
In Section 1.05.03 of the Tiburon Zoning Ordinance, the
definition of "Condominium" is amended to read as follows:
Condominium: The term condominium shall include all of the
following:
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Draft Ordinance Amending Tiburon Zoning Ordinance
1/22/2001
la) Community Apartment as that term is defined in Civil
Code Section l35l(d)
(b) Condominium as that term is defined in Civil Code
Section 1351 (f) .
(c) Stock Cooperative as that term is defined in Civil Code
Section 1351 (m) .
(d) Undivided Interest Project which is defined as any
parcel of land containing five or more residential
dwelling units in which five or more individuals own an
undivided interest coupled with the right of exclusive
occupancy of any unit located thereon.
In Section 1.05.04 of the Tiburon Zoning Ordinance, the
definitions of "Days" and "Dwelling Unit" are amended to read as
follows:
Days: Calendar days. For purposes of filing an appeal, if
the final day to appeal falls on a Town-recognized holiday or
a day when Town Hall is closed, the final day to appeal shall
be extended to the next day at which Town Hall is open for
public business.
Dwelling Uni t: One or more
sanitary facilities, occupied
by not more than one family.
rooms, including a kitchen and
for living and sleeping purposes
In Section 1.05.06 of the Tiburon Zoning Ordinance, the
definition of "Floor Area, Gross", is amended to read as follows:
Floor Area, Gross: The sum of all enclosed or covered areas
of each floor of the building, measured to the exterior
faces of the enclosing walls, columns, or posts. NOTE: The
term "capable of being used or finished for habitable space"
is used below. A space shall be considered "capable of
being used or finished for habitable space" if it meets
Uniform Building Code occupiable ceiling height requirements
and is all of the following:
la) Covered by a solid, weatherproof roof or floor.
Ib) At least 50 percent of the vertical area around
the space is closed.
(c) Supported on a structural floor or slab capable of
sustaining floor loads.
Gross Floor Area shall not include the following 6 areas:
(1) For residential uses, the first 600 square feet of
garage or carport space on properties less than or
equal to 60,000 square feet in area; or the first 750
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Draft Ordinance Amending Tiburon Zoning Ordinance
1/22/2001
square feet of garage or carport space on properties
greater than 60,000 square feet in area; or the first
250 square feet of garage or carport space for each
parking space required under Parking Requirements
Section 5.08.04 of this Ordinance.
(2) Areas permanently open to the sky.
(3) Exterior areas under roof eaves or other cantilevered
overhangs.
(4) Attic spaces and underfloor spaces that are not capable
of being used or finished for habitable space.
(5) Basements, as defined in this Chapter.
(6) Floor areas of roofed or covered open spaces (such as
breezeways, balconies, porches and similar spaces),
which are not capable of being used or finished for
habitable space, if at least fifty (50) percent of the
vertical area around the space is fully open.
Gross Floor Area shall include the following:
(1) Unfinished loft spaces and other areas capable of being
used or finished for habitable space.
(2) Other roofed or covered spaces (such as breezeways,
balconies, porches, or similar spaces) which are
capable of being used or finished for habitable space,
if less than fifty (50) percent of the vertical area
around the space is fully open.
(3) Roof penthouses; mezzanine floor areas; and accessory
buildings.
Unless otherwise stipulated, the term "floor area" shall
mean gross floor area.
In Section 1.05.08 of the Tiburon Zoning Ordinance, the
definition of "Height" is adopted to read as follows:
Height: Height is the plumb vertical distance, measured using
a plane, established by the lower of the natural or finished
grade at the perimeter of the exterior surface of the
building, structure, fence, or wall. No point of the roof
edge, fence, wall, parapet, mansard, structure, or other
building feature shall extend above the plane established by
the maximum height line from grade, except as specifically
excluded in Section 5.06.07.
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Draft Ordinance Amending Tiburon Zoning Ordinance
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In Section 1.05.11 of the Tiburon Zoning Ordinance, the
definition of "Kitchen" is amended to read as follows:
Kitchen: Any portion of a structure with a combination of
two (2) or more of the following: a) sink (other than that
associated with a bathroom); b) food storage and preparation
areas; c) refrigerator; or d) cooking appliances including a
stove, microwave oven, convection oven, cooking burners, hot
plate or similar appliances that reasonably may be used for
the preparation of food.
In Section 1.05.12 of the Tiburon Zoning Ordinance, the
definition of "Legal Nonconforming Secondary Dwelling Unit" is
added to read as follows:
Legal Nonconforming Secondary Dwelling Unit: A Secondary
Dwelling Unit which currently does not conform to the
regulations for the district in which it is situated but
which did conform at the time it was constructed or erected.
In Section 1.05.12 of the Tiburon Zoning Ordinance, the following
definitions are amended to read as follows:
Legal Nonconforming Structure: A structure which was
lawfully existing or maintained, or for which a building
permit was issued, prior to December 26, 1990, but which no
longer conforms to the standards of coverage, yard space,
height, distance between structures, or other prescribed
regulation for the zone in which the structure is located.
(Please refer to Sections 1.02.00(a) and 5.04.00 for more
detailed information) .
Legal Nonconforming Use: A use of a structure or land which
was lawfully established and maintained prior to December
26, 1990, but which no longer conforms to the use
regulations of the zone in which it is located. (Please
refer to Sections 1.02.00(a) and 5.03.00 for more detailed
information) .
In Section 1.05.14 of the Tiburon Zoning Ordinance, the
definition of "Natural ResourceN is amended to read as follows:
Natural Resource: Resources including but not limited to,
streams, watersheds, groundwater recharge, soils, wildlife
habitat as defined herein, special land forms and natural
vegetation.
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Draft Ordinance Amending Tiburon Zoning Ordinance
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In Section 1.05.15, the definitions of "Open Space LandH is
amended to read as follows:
Open Space Land: Any lot or parcel or other real property
that is located in the Open Space zone on the Zoning Map or
that is otherwise encumbered by an open space and/or
conservation easement or that is designated as open space in
a Zoning Permit or other Town-recognized document.
In Section 1.05.15, the definition of "Owner of RecordH is added
to read as follows:
Owner of Record: The owner of record is defined as the owner
of at least 50 percent interest in the subject real property.
In Section 1.05.16, the definitions of "Planned Development MapH,
"Planning DirectorH, "Precise Development PlanH, and "PropertyH
are amended to read as follows:
Planned Development Map: A map depicting planned development
zones within the Town (see Section 2.16.00)
Planning Director: The Director of the Town's Planning &
Building Department. The Planning Director is primarily
responsible for the administration of this Chapter.
Precise Development Plan: A Plan submitted by a property
owner, or his legal representative, specifically showing the
proposed improvement of a property including the site plan,
engineering data, building concepts, landscaping plan, and
other information as required in Section 4.08.00 herein.
Property: A parcel or lot, unless otherwise specified
herein.
In Section 1.05.16, the definition of "Principal Place of
ResidenceH is added to read as follows:
Principal Place of Residence: A dwelling unit that is
occupied by the owner of record as a primary residence.
In Section 1.05.19, the definitions of "Secondary Dwelling UnitH,
"SlopeH, "StructureH and "Swimming Pool, CommonH are amended to
read as follows:
Secondary Dwelling Unit: An attached or detached additional
dwelling unit on a single family lot which provides
independent living facilities for not more than 3 persons, and
which has kitchen, sleeping and sanitation facilities on the
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Draft Ordinance Amending Tiburon Zoning Ordinance
1/22/2001
same parcel as the primary unit is situated.
Dwelling Unit may be established by:
A Secondary
(a) The revision of a single-family dwelling unit so as
to establish independent living facilities not
shared in common.
(b) The conversion of any previously uninhabited
portion of a single-family unit so as to create an
addi tional living unit that meets the definition
contained here and above.
(c)
The construction of
physically attached by
existing single-family
a separate dwelling unit
means of a common wall to an
dwelling.
(d) The conversion of any detached structure which has
received a Final Building Inspection prior to
January 4, 1984, on any lot comprising a minimum of
10,000 square feet.
Slope: The natural ground slope of a lot or parcel.
Percent of slope shall be measured along a line passing
through the center of the lot or parcel, or through the
building site, between lot lines and perpendicular to the
natural contours; this choice shall be made by the Town.
Structure: Anything that is built or constructed and requires
a location on the ground, including a building, accessory
building, or edifice of any kind; or any piece of work
arti ficially built up or composed of parts. structure does
not include a fence or a wall used as a fence three and
one-half (3.5) feet or less in height; nor landscaping
features, decks, or pavement wherein no part of said
landscaping features, decks, or pavement extends more than
three (3) feet above grade.
Swimming Pool, Common: A pool, pond, lake, or open tank
capable of containing water to a depth greater than one and
one-half feet located on the site of a hotel, motel, common
interest development as defined by the State Civil Code, or
apartment complex, available for the use of residents and
guests, or a public pool or swim club pool under specified
management rules and policies.
In Section 1.05.23, the definition of "Wet Bar" is added to read
as follows:
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Draft Ordinance Amending Tiburon Zoning Ordinance
1/22/2001
Wet Bar:
typically
served by
An area equipped for the preparation of drinks;
a small single basin sink, with countertop area
only one electrical outlet.
In Section 1.05.26, the definitions of "Zoning Map" and "Zoning
Permit" are amended to read as follows:
Zoning Map: The Map entitled, "Town of Tiburon Zoning Map".
(See Section 2.16.00)
Zoning Permit: Any permit required by the terms of this
Chapter. (Also referred to as "zoning entitlement")
Section 1.06.00 is amended to read as follows:
SECTION 1.06.00. INTERPRETATION AND CONSTRUCTION.
For the purposes of this
used herein are construed
particular provision
construction.
Chapter, certain grammatical forms
as follows, unless the context of a
clearly requires a different
Section 2.01.00 is amended to read as follows:
Section 2.01.00. Zones Established.
The names of zones into which land in the Town is classified
are as follows:
R-l
R-l-B-A
R-1-B-2
RO
R-2
R-3
RPD
RMP
M
o
NC
VC
P
OS
F
Single Family Residential Zone
Bel Aire Single Family Residential Zone
Modified Single Family Residential Zone
Residential Open Zone
Two-Family Residential Zone
Multi-Family Residential Zone
Residential Planned Development Zone
Residential Multiple Planned Zone
Marine Zone
Office Zone
Neighborhood Commercial Zone
Village Commercial Zone
Public/Quasi-Public Zone
Open Space Zone
Flood Hazard Overlay Zone
Specific regulations applicable to each zone are contained in
the succeeding sections of this Chapter.
Sections 2.02.03(6), 2.04.03(6), 2.04.04(6), and 2.05.03(9} of
the Tiburon Zoning Ordinance are amended to read as follows:
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Draft Ordinance Amending Tiburon Zoning Ordinance
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Site Plan and Architectural Review as provided in
Section 4.02.00 herein, including Floor Area Ratio
Guidelines as provided in Section 4.02.08.
Section 2.03.00 of the Tiburon Zoning Ordinance is amended to
read as follows:
Section 2.03.00. R-I-B Zone Requlations.
The following R-I-B zoning districts are comprised of properties
formerly located in unincorporated Marin County that were annexed
to the Town of Tiburon many years after incorporation in 1964.
These properties developed under Marin County zoning districts with
setbacks that do not correspond to other single-family residential
zoning districts in the Town of Tiburon.
Pursuant to Town Council Resolution No. 3074, the R-1-B zoning
districts are intended to reduce the creation of non-conforming
structures that would otherwise result from annexation of
properties in these areas that were developed with different
setback requirements.
The Bel Aire Single Family Residential (R-l-B-A) Zone serves the
same purpose as the R-1 Zone but is intended to reflect the
different front and side yard setbacks historically found in the
Bel Aire neighborhood of Tiburon. The principal uses, conditional
uses, and land and structure regulations for the R-1-B-A Zone shall
be the same as the R-1 Zone except that the following front and
side yards are required:
Minimum Front Yard:
Minimum Side Yard:
20 feet.
6 feet.
The Modified Single Family Residential Zone (R-l-B-2) Zone serves
the same purpose as the R-1 Zone but is intended to reflect the
different front and side yard setbacks with which the properties
were developed. The principal uses, conditional uses, and land and
structure regulations for the R-I-B-2 Zone shall be the same as the
R-1 Zone except that the following front and side yards are
required: .
Minimum Front Yard:
Minimum Side Yard:
25 feet.
10 feet.
Section 2.07.00 of the Tiburon Zoning Ordinance is amended to
read as follows:
Section 2.07.00. RPD Zone Requlations.
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Draft Ordinance Amending Tiburon Zoning Ordinance
1/22/2001
The Residential Planned Development (RPD) Zone is intended to
protect and preserve open space land as a limited and valuable
resource without depriving owners of a reasonable use of their
property for residential purposes. The regulations of the Zone are
designed to ~nsure to the extent feasible, the conservation of
natural resources and the retention of land in its natural or near
natural state in order to, among other things, assist in the
containment of urban sprawl and protect the community from the
hazards of fire, flood, seismic and other catastrophic acti vi ty,
and to otherwise implement the goals and policies of the Tiburon
General Plan.
There are numerous Planned Developments in the Town where
applicable zoning regulations have been previously established by
adoption of Master Plans, Precise Plans, Precise Development Plans,
Use Permits, or similar Zoning Permits. These Planned Developments
are depicted on the map entitled "Planned Development Map",
incorporated as Section 2.16.00 herein. A current list of these
Planned Developments and their applicable Ordinances and/or
Resolutions is on file at the Tiburon Planning Department.
Section 2.07.03(1) of the Tiburon Zoning Ordinance is amended to
read as follows:
1. Density:
Maximum residential densities for developed land in
the RPD zone shall be as established by the adopted
Master/Precise Plan or Precise Development Plan for
the development, as finalized by the recorded
subdivision map (s) for the development. Planned
Developments with recorded subdivision maps are
considered to be fully subdivided and are not
subject to further subdivision.
Maximum residential densities for undeveloped land
in the RPD zone shall be as established on the
Zoning Map, and shall in no case exceed the density
established in the Tiburon General Plan.
Section 2.07.03 (6) of the Tiburon Zoning Ordinance is amended to
read as follows:
6. Floor Area Ratio: As provided in Section 4.02.08,
unless otherwise specified in an applicable Precise
Development Plan.
Section 2.08.00 of the Tiburon Zoning Ordinance is amended to
read as follows:
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Draft Ordinance Amending Tiburon Zoning Ordinance
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Section 2.08.00. RMP Zone Requlations.
The Residential Multiple Planned (RMP) Zone has the same
purposes and shall be governed by the same regulations as the
RPD Zone (Section 2.07.00) except as otherwise provided
herein.
There are numerous Planned Developments in the Town where
applicable zoning regulations have been previously established
by adoption of Master Plans, Precise Plans, Precise
Development Plans, Use Permits, or similar Zoning Permits.
These Planned Developments are depicted on the map entitled
"Planned Development Map", incorporated as Section 2 .16.00
herein. A current list of these Planned Developments and their
applicable Ordinances and/or Resolutions is on file at the
Tiburon Planning Department.
Section 2.08.03(1) of the Tiburon Zoning Ordinance is amended to
read as follows:
1. Density:
Maximum residential densities for developed land in
the RMP zone shall be as established by the adopted
Master and/or Precise Plans, Precise Development
Plans, or condominium plan for the development, as
finalized by the recorded subdivision map, or
condominium plan, for the development. Planned
developments with recorded subdivision or
condominium maps are considered to be fully
subdivided and are not subject to further
subdivision, and shall not exceed allowable General
Plan density limits in the future.
Maximum residential densities for undeveloped land
in the RMP zone shall be as established on the
Zoning Map, and in no case shall exceed the maximum
density established in the Tiburon General Plan.
Section 2.11.01 of the Tiburon Zoning Ordinance is amended to
read as follows:
2.11.01. Principal Uses Permitted (NCI.
1. Use-for-use changes (e.g., restaurant to restaurant)
when no intensification of use, as determined by the
Planning Director, is proposed. Intensification of use
15
Draft Ordinance Amending Tiburon Zoning Ordinance
1/22/2001
shall be measured in terms of parking requirements,
number of employees at maximum shift, total floor area
occupied, vehicular trip generation, or other factors
within the reasonable discretion of the Planning
Director.
2. Lawfully existing uses established prior to December 26,
1990 shall be permitted to operate under the authority
and limitations of applicable zoning permits.
3. The Point Tiburon Plaza commercial area shall continue
to be regulated by provisions of the Point Tiburon
Precise Plan. Conditional Use Permits for new uses in
the Point Tiburon commercial area may be issued in
accordance with provisions herein provided that such
approvals are consistent with the Point Tiburon Precise
Plan.
Sections 2.11.03(2) and 2.11.03(4) of the Tiburon Zoning
Ordinance are amended to read as follows:
2. Lot coverage limit: Not to exceed 17 percent of
the land area located above the high water line;
unless a transfer of intensity has been approved
pursuant to General Plan Downtown Subelement
policies.
4.
Floor area ratio limit: 0.17; unless a
intensity has been approved pursuant
Plan Downtown Subelement policies.
transfer of
to General
Sections 2.13.01 of the Tiburon Zoning Ordinance is amended to
read as follows:
2.13.01. Permitted Uses (P).
1. Parks.
2. Open spaces.
Section 2.13.02 of the Tiburon Zoning Ordinance is amended to
read as follows:
2.13.02. Conditional Uses Permitted (P).
The uses listed below shall be
Conditional Use Permit is granted,
4.04.00 herein. Other uses may be
resolution of the Planning Commission.
permitted only
as provided in
added to this
when a
Section
list by
1. Governmental buildings and facilities.
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Draft Ordinance Amending Tiburon Zoning Ordinance
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2. Utili ty facilities.
3. Educational facilities.
4. Facilities operated by public/non-profit agencies.
5. Recreational buildings and facilities.
6. Additional specific uses which are, in the opinion
of the Commission, similar or accessory to those
uses listed above.
Section 2.15.00 of the Tiburon Zoning Ordinance is amended to
read as follows:
Section 2.15.00. F OVerlay Zone Requlations.
The purpose of the Flood Hazard OVerlay Zone is to limit and
protect construction of structures in areas which are liable
to flooding, pursuant to Federal Flood Insurance Programs.
Construction in identified F Zones shall be regulated by
provisions of Chapter 13D of the Tiburon Town Code (Flood
Damage Prevention). F overlay zones shall correspond to those
areas designated as "special flood hazard areas" in Chapter
13D of the Tiburon Municipal Code.
Chapter 13D of the Tiburon Municipal Code designates the Town
Engineer as the Floodplain Administrator of the Town.
"Special flood hazard areas" are depicted on maps entitled
Flood Insurance Study, City of Tiburon, California, Marin
County, November, 1976, supplemented by Flood Insurance Rate
Maps of the National Flood Insurance Program, for areas
annexed subsequent to November, 1976, and are hereby
incorporated and made a part herein. Said maps are available
for review in the Tiburon Planning Department.
Section 2.17.00 of the Tiburon Zoning Ordinance is amended to
read as follows:
Section 2.17.00. Boundaries.
At all points on the Zoning Map where a Zone is defined as
being bounded by or running to a public street or highway, it
shall be construed as being bounded by and running to the
center of such street or highway. In like manner, the Zoning
Map shall in all cases be construed as bounding each Zone by
the centerline of each street or highway upon which it shall
abut, notwithstanding the fact that the demarcation of such
zone shall be shown on the map as the sideline of such street.
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Draft Ordinance Amending Tiburon Zoning Ordinance
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It is hereby declared to be the intent and purpose of this
section to bound all zones by the centerline of the streets
and highways upon which they abut, whether or not conveyances
of abutting lands shall have gone to the center lines of such
streets or highways as provided in Section 1112 of the Civil
Code.
If uncertainty exists in any boundary indicated on the Zoning
Map, the Commission shall, upon either written application or
its own motion, determine the location of such boundary in
accordance with established zoning procedures.
Zone boundaries shall extend vertically upward and downward
from the ground surface.
Section 2.18.00 of the Tiburon Zoning Ordinance is amended to
read as follows:
Section 2.18.00. Prezoninq.
The pre zoning of unincorporated territory adjoining the Town,
or within its sphere of influence, may be initiated by the
Commission on its own motion, by request of the Council to the
Commission, or by petition of the owner or owners of land in
the unincorporated territory. The procedures set forth in
Section 4.09.00 for amending the Zoning Ordinance shall govern
the pre zoning of any land, and such pre zoning shall become
effective at the time of annexation of the land to the Town.
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Draft Ordinance Amending Tiburon Zoning Ordinance
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Section 3.01.01 is amended to read as follows;
3.01.01. Application Procedures.
Applications for permits governed by this Chapter shall be
made on forms furnished by the Planning Department. The owner
of the property for which any application is submitted, or the
agent or authorized representative of the owner, shall file
the application with the Planning Department. Potential
applicants are encouraged to consult with Town Planning staff
prior to application.
Applications shall be full and complete, including all
information required for the presentation of necessary facts
for the permanent record and to assist in determining the
merits of the application. Handouts and instructions listing
submi ttal requirements shall be obtained from the Planning
Department.
Section 3.01.02 of the Tiburon Zoning Ordinance is amended to
read as follows:
3.01.02. Determination of Completeness.
As required by State law, the Town shall determine whether an
application is "complete" or "incomplete" wi thin thirty (30)
days following its receipt by the Town. The determination of
completeness shall be based upon a list of submittal
requirements for each application available from the Planning
Department. Applications which are deemed "complete" shall be
processed, and a decision issued, within the time limits
specified in Section 65940 of the California Government Code,
where applicable. The Town may request the applicant to
clarify, amplify, correct, or otherwise supplement the
information required for the application, even after it is
deemed "complete".
Section 3.01.03 of the Tiburon Zoning Ordinance is amended to
read as follows:
3.01.03. Incomplete Applications.
If the Town determines that an application is "incomplete",
notice of the incompleteness shall be sent to the applicant
along with a list speci fying what materials or additional
information is necessary to make the application complete.
Applications which are deemed incomplete pending receipt of
additional materials or information shall be deemed
automatically withdrawn if such information has not been
19
Draft Ordinance Amending Tiburon Zoning Ordinance
1/22/2001
received within 30 days following notice of incompleteness,
unless a longer response time has been indicated in the notice
of incompleteness, or unless a written request for additional
time is granted by the Planning Director.
Section 3.01.07 of the Tiburon Zoning Ordinance is amended to
read as follows:
3.01.07. Property Owners List: Optional Requirement.
In addition to any other information required for a Zoning
Permit, applicants may be required to submit a map showing the
boundaries of the subject property and all properties within
300 feet of the exterior boundaries of the subject property,
accompanied by two typewritten lists of the names and
addresses of the owners of said properties, as shown on the
county assessment rolls, for notification purposes. These
lists shall be on pressure-sensitive labels.
Section 3.01.08 of the Tiburon Zoning Ordinance is amended to
read as follows:
3.01.08. Application Filing Fees and Service Charges.
The Council shall, from time to time, by resolution, fix the
amounts of fees for applications, permits, and appeals
required or authorized by this Chapter. Before accepting for
filing any application herein mentioned, the Planning Director
or his designee shall charge and collect, or cause to be
charged and collected, a fee in the amount so fixed.
The Council shall, from time to time, by resolution, fix the
amount of fees for transcripts of public hearings to be
charged when such a transcript is requested. The Planning
Director or his designee shall charge and collect a fee in the
amount so fixed for a transcript of a public hearing.
Before accepting for filing any application herein mentioned,
the Planning Director or his designee shall charge and collect
the estimated cost of any special reports or consultant fees
that may be required to process the application. Any actual
cost that is more than the estimated cost collected shall be
paid by the applicant prior to the issuance of the permit, and
any collected estimated costs that exceed the actual costs
shall be returned to the applicant at the time of issuance of
the permit.
Any fees required under this Chapter
by the Council in accordance wi th
Resolution of the Council.
may be waived or reduced
fee policies adopted by
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Draft Ordinance Amending Tiburon Zoning Ordinance
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Section 3.01.09 of the Tiburon Zoning Ordinance is amended to
read as follows:
3.01.09. Hearing.
Upon receipt of a completed application for which a hearing is
required, the Planning Director or his designee shall set a
reasonable time and place for a hearing before the appropriate
acting body and the hearing shall be held in accordance with
the procedures and requirements set forth in this Chapter.
Section 3.01.10 of the Tiburon Zoning Ordinance is amended to read
as follows:
3.01.10. Appeal from Decision.
The decision of any Commission, Board, or Town official
which has been issued but is not yet final (i.e., the
applicable appeal period has not yet expired) may be
appealed to the Town Council as provided in Section 3.08.00
herein.
Section 3.02.00 of the Tiburon Zoning Ordinance is amended to
read as follows:
SECTION 3.02.00.
DESIGN REVIEW BOARD (BOARD).
3.02.01. Duties of Design Review Board.
The Design Review Board shall have the following Zoning Permit
review authority and other duties:
(a) To review, and thereafter to approve, deny, or
approve with conditions or modifications,
applications for Site Plan and Architectural
Review, pursuant to Section 4.02.00.
(b) To review, and thereafter to approve, deny, or
approve with conditions or modifications,
applications for variances from the provisions of
the Zoning Ordinance, pursuant to Section 4.03.00,
when said variances are associated with an
application for which the Board has review
authority.
(c) To adopt all rules and procedures necessary or
convenient for the conduct of its business.
(d) Other duties as may be specified elsewhere in the
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Draft Ordinance Amending Tiburon Zoning Ordinance
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Tiburon Municipal Code.
3.02.02. Duties of Board of Adjustments and Review.
<Repealed by Ordinance No.
N.S.>
3.02.03. Membership and Terms.
The Design Review Board shall consist of five members, at
least one of whom should be a professional architect. Members
shall be appointed by the affirmative vote of a majority of
the Town Council, and may be removed by the affirmative vote
of a maj ori ty of the Town Council. The term of office of
Design Review Board members shall be four years. Terms shall
be staggered as to year of expiration. Appointment to fill a
vacancy occurring prior to the expiration of the term shall be
for the balance of the term only.
3.02.04. Chairman and Vice-Chairman.
The Board shall elect a chairman and vice-chairman annually.
The election shall be held at the first meeting of July each
year, or as soon thereafter as possible. The Board may
re-elect the chairman and/or vice-chairman to successive
terms.
3.02.05. Meetings.
The Board shall adopt a regular schedule of meetings and
should meet at least one time per month. Meetings shall
generally be conducted in accordance with Robert's Rules of
Order, but otherwise in accordance with reasonable rules and
procedures established by the Chairman.
3.02.06. Applications.
Any property owner, or his duly authorized agent, desiring a
Zoning Permit over which the Board has review authority, shall
file an application as provided in Section 3.01.00.
Section 3.03.00 of the Tiburon Zoning Ordinance is amended to
read as follows:
SECTION 3.03.00.
HEARINGS AND DECISIONS OF THE BOARD
The procedures and requirements
subsections shall govern hearings
Review Board.
set forth in the following
and decisions of the Design
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Draft Ordinance Amending Tiburon Zoning Ordinance
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Section 3.03.02 of the Tiburon Zoning Ordinance is amended to
read as follows:
3.03.02. Notice of Hearings.
Notice of such hearings shall be as provided herein, and in
the case of formal public hearings, notice shall be provided
as required by California Government Code section 65090 et
seq., as amended.
Section 3.03.05 of the Tiburon Zoning Ordinance is amended to
read as follows:
3.03.05.
Findings, Conditions, and Decisions.
The Board's action may be by Resolution or other means which
shall clearly set forth the findings required by any
applicable sections herein, and which shall set forth any
recommended conditions of the Board's action. Any action
taken by the Board shall be by a majority of those voting.
Tie votes shall constitute a failure of the motion to pass.
The lack of an affirmative majority for approval shall
constitute a denial of an application or request. The
Board's decision shall be final unless an appeal is filed
with the Council, as provided in Section 3.08.00.
Section 3.03.07 of the Tiburon Zoning Ordinance is amended to
read as follows:
3.03.07. Permanent Records of Hearings.
The Planning Director or his designee shall make a record of
the evidence presented at hearings unless a complete
transcript is requested under Section 3.03.04. The record or
transcript, together with any resolution announcing the
decision of the Board shall be maintained as a part of the
permanent records of the Town.
Sections 3.04.01 through 3.04.03 of the Tiburon Zoning Ordinance
are amended to read as follows:
3.04.01. Duties.
The Planning Commission shall have the following Zoning Permit
review authority and other duties as may be specified
elsewhere in the Tiburon Municipal Code or in State law:
(a) Review and approve, deny, or conditionally approve all
applications for:
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Draft Ordinance Amending Tiburon Zoning Ordinance
1122/2001
1. Conditional Use Permit.
2. Secondary Dwelling Unit Use Permit.
3. Condominium Use Permit.
4. Home Occupation Permit, when required by Section
4.10.00.
5. Variance when in conjunction with an application
subject to review by the Commission.
6. Minor Subdivision, as provided in Chapter 14 of the
Tiburon Municipal Code.
(b) Review, and thereafter to recommend approval, denial, or
conditional approval of, applications for the following:
1. Zoning text amendment.
2. Rezoning or prezoning.
3. Precise Development Plan.
4. Amendment to Master Plan and/or Precise Plan
adopted under the Town's previous Zoning Ordinance
No.9 N.S., or by Marin County.
5. Major Subdivision, as provided in Chapter 14 of the
Tiburon Municipal Code.
6. General Plan Amendment as set forth in State law.
7. Specific Plan as set forth in State law.
(c)
To serve as the Planning Agency for the Town of
pursuant to the California Government Code, and
rules and procedures necessary or convenient
conduct of its business.
Tiburon,
to adopt
for the
(d) Maintain a viable General Plan for Tiburon.
(e) Interpret the meaning of the Zoning Ordinance and the
General Plan when the meaning thereof is not clear, and
to request opinions of the Town Attorney when deemed
necessary.
(f) Supervise the administration of the Zoning Ordinance.
(g) Make recommendations to the Council as requested and as
may be provided by law.
(h) By resolution, on request or on its own ini tiati ve,
adopt rules implementing the regulations contained in
the Zoning Ordinance by:
1. Setting forth additional specific uses allowed by
right and by conditional use permit which are, in
the opinion of the Commission, similar or accessory
to those uses listed in the Zoning Ordinance, and
conform to the purpose of the zone regulations;
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Draft Ordinance Amending Tiburon Zoning Ordinance
1/22/2001
2. Setting forth additional specific uses for which
parking spaces are required which are, in the
opinion of the Commission, similar or accessory to
those uses listed in the Zoning Ordinance requiring
parking spaces;
(i) Review the Capital Improvement Program of the Town and
make recommendations to the Town Council.
(j) Review and amendment of Town of Tiburon "Design
Guidelines for Hillside Dwellings and General Design
Guidelines for New Construction and Remodeling" booklet.
Additionally, the Planning Commission may:
(k) Provide general information to interested persons upon
request in order to assist in the implementation of the
Town's General Plan and Zoning Ordinance.
(1) Disseminate to the Town information on current regional
and state planning information.
(m) Provide research into planning and environmental issues.
(n)
Adopt criteria for traffic
transportation management needs.
projections
and
(0)
Examine and project growth assimilation
function of the General Plan Housing
coordinate with regional and County
population growth issues.
needs as
Element,
entities
a
and
on
3.04.02. Membership and Terms.
The Planning Commission shall consist of five members, all
of whom shall be residents of the Town of Tiburon. Members
shall be appointed by the affirmative vote of a majority of
the Town Council, and may be removed by the affirmative vote
of a majority of the Town Council. The term of office of
Planning Commissioners shall be four years. Terms shall be
staggered as to year of expiration. Appointment to fill a
vacancy occurring prior to the expiration of a term shall be
for the balance of the term only.
3.04.03. Chairman and Vice Chairman.
The Commission shall elect a chairman from its membership.
The term of the chairman shall be one year, and the chairman
may be re-elected. The Commission shall also elect a
25
Draft Ordinance Amending Tiburon Zoning Ordinance
1/22/2001
may be re-elected. The Commission shall also elect a
vice-chairman, who shall preside in the absence of the
chairman. The term of the vice-chairman shall be the same
as that of the chairman, and he may also be re-elected. The
elections shall be held at the first meeting in July of each
year, or as soon thereafter as possible.
Section 3.05.02 of the Tiburon Zoning Ordinance is amended to
read as follows:
3.05.02. Notice of Hearings.
Notice of such hearings shall be as provided in this
Chapter, and in the case of formal public hearings, notice
shall be provided as required by California Government Code
section 65090 et seq., as amended:
Sections 3.05.05 through 3.05.07 of the Tiburon Zoning Ordinance
are amended to read as follows:
3.05.05. Commission Findings, Conditions, Decisions, and
Recommendations.
A decision by the Commission on an application may be issued
by resolution or other means which shall clearly set forth
the findings required by any applicable section of this
Chapter, and which shall set forth any conditions imposed by
the Commission, in the exercise of its discretion. Any
action taken shall be by a majority of those voting, unless
other~ise required by state law. Tie votes shall constitute
a failure of the motion to pass. The lack of an affirmative
majority for approval shall constitute a denial of an
application or request. The Commission's decision shall be
final unless an appeal is filed with the Council, as
provided in Section 3.08.00.
3.05.06. Notice of Decision or Recommendations.
Within a reasonable period of time following the rendering
of a decision or recommendation, a copy of the resolution
shall be sent by first class mail to the applicant at the
address shown on the application filed with the Secretary of
the Commission and a copy of the resolution shall be filed
with the Council by the Secretary of the Commission, and
other copies of the resolution shall be mailed or filed as
may otherwise be specified herein.
3.05.07. Permanent Record of Commission Public Hearings.
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Draft Ordinance Amending Tiburon Zoning Ordinance
1/22/2001
evidence presented at hearings unless a complete transcript
is requested under Section 3.05.04. The record or
transcript, together with the resolution announcing the
findings of the Commission shall be maintained as a part of
the permanent records of the Town.
Section 3.06.00 of the Tiburon Zoning Ordinance is amended to
read as follows:
SECTION 3.06.00.
TOWN COUNCIL ZONING PERMIT REVIEW
AUTHORITY.
The procedures and requirements set forth in the following
subsections shall govern hearings and actions of the Town
Council for the purposes of this Chapter.
Section 3.06.01 of the Tiburon Zoning Ordinance is amended to
read as follows:
3.06.01.
Town Council Permit Review Authority.
The Town Council shall have the following Zoning Permit
review authority and other duties as may be specified in the
Tiburon Municipal Code or in State law, including without
limitation the following:
(AI To consider the recommendations of the Planning
Commission in reviewing, and thereafter approving,
approving with conditions, denying, or remanding for
further consideration applications for:
1. Zoning text amendment.
2. Rezoning or Prezoning.
3. Precise Development Plan, or amendment thereto.
4. Amendment to a Master Plan and/or Precise Plan
approved under the Town's previous Zoning
Ordinance No.9 N.S., or by Marin County.
5. Major Subdivision, as provided in Chapter 14 of
the Tiburon Municipal Code.
6. General Plan Amendment, as set forth in State law.
7. Specific Plan, as set forth in State law.
(8) To hear and act on appeals, as further described in
Section 3.08.00.
Section 3.06.03 of the Tiburon Zoning Ordinance is amended to
read as follows:
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Draft Ordinance Amending Tiburon Zoning Ordinance
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3.06.03. Notice of Hearing.
Notice of such hearings shall be as provided in this Chapter,
and in the case of formal public hearings, notice shall be
provided as required by California Government Code section
65090 et seq., as amended.
Section 3.06.06 of the Tiburon Zoning Ordinance is amended to
read as follows:
3.06.06. Council Findings, Conditions, and Decisions.
The Council shall remand, approve, approve with stated
conditions, or disapprove any application or any other
action recommended to it by the Commission, Board, or Town
official, in the exercise of its discretion. Any action
taken shall be by a majority of those voting, unless
otherwise required by state law. Tie votes shall constitute
a failure of the motion to pass. The lack of an affirmative
majority for approval shall constitute a denial of an
application or request. Council decisions are final.
Section 3.07.01(a) of the Tiburon Zoning Ordinance is amended to
read as follows:
(a) Submit recommendations to the Town Council on
matters of policy pertaining to park and/or open space
lands under the jurisdiction of the Town, including
their acquisition, maintenance, improvement, and
operation.
Section 3.07.01(d) of the Tiburon Zoning Ordinance is amended to
read as follows:
(d) Review and make recommendations to the Town
Council, Planning Commission, Board, and Town officials
on Zoning Permit applications concerning:
1. Land designated as "Open Space" on the Town's
General Plan Land Use Diagram.
2. Parklands.
Section 3.07.02 of the Tiburon Zoning Ordinance is amended to
read as follows:
3.07.02.
Membership and Terms.
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Draft Ordinance Amending Tiburon Zoning Ordinance
1/22/2001
<Repealed by Ordinance No. N.S.> Refer to Chapter 2,
Sections 2-23 and 2-24 of the Tiburon Municipal Code.
Section 3.07.03 of the Tiburon Zoning Ordinance is amended to
read as follows:
3.07.03. Officers and Procedures.
The officers of the Parks and Open Space Commission shall
consist of a Chairman, Vice-Chairman, and Secretary. The
Secretary need not be a member of the Parks and Open Space
Commission.
The Parks and Open Space Commission shall adopt by-laws for
the conduct of its business, which by-laws shall provide for
regular meetings, the time and place thereof, the
maintenance of records, procedures for amending the by-laws,
and shall further establish other rules and procedures
necessary for the conduct of its business.
Section 3.08.00 and Section 3.08.01 of the Tiburon Zoning
Ordinance are amended to read as follows:
SECTION 3.08.00.
APPEALS.
A decision of the Planning Commission, Design Review Board,
or any Town official authorized to issue Zoning Permits or
other certificates of entitlement hereunder may be appealed
to the Town Council, unless another appeal body or procedure
is specified in this Chapter.
3.08.01. Filing.
Appeals shall be filed in writing with the Town Clerk on a
prescribed form, accompanied by the apQropriate fee,within
ten (10) days following the date of the decision being
appealed, unless another time period (e.g. 5 days) is
specified in this Chapter.
The appellant shall state specifically the reasons why the
decision is not in accord with the purposes of this Chapter,
or the reasons it is claimed there was an error or abuse of
discretion such that the decision is not supported by
evidence in the record or is otherwise improper.
Sections 3.08.04 through 3.08.08 of the Tiburon Zoning Ordinance
are amended to read as follows:
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Draft Ordinance Amending Tiburon Zoning Ordinance
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3.08.04. Authority of Council; Remand.
The Council shall have authority to approve, modify or
disapprove the action appealed from, either in whole or in
part, based on the record on appeal and the evidence
received at the hearing on appeal. The appeal may be upheld
by a majority of those voting, when a quorum of at least
three members is present. The lack of an affirmative
majority for approval, or a tie vote, shall constitute a
denial of the appeal. The findings, decision, and action of
the Council shall be final.
Alternatively, the Council shall have the power to remand
the matter to the acting body from which it was appealed for
further hearing, review, and action. In such event, if the
body from which the decision was appealed changes or
modifies its decision, and the decision as modified is
appealed to the Council, the appeal shall be deemed to be
from the decision of the acting body as changed or modified.
3.08.05. Appeal by Persons Other Than the Applicant.
In the event the Commission, Board, or Town official
approves an application, any two members of the Councilor
the Planning Director, without paying a fee, or any
interested person, upon payment of fees, may appeal the
decision by filing a written Notice of Appeal with the Town
Clerk in accordance with the procedure set forth above.
3.08.06. Referral of Appeals.
The Town Council may refer an appeal to any Commission,
Board, Town official, or other appropriate entity for a
report and recommendation, to be returned within 45 days for
further proceedings by the Town Council.
3.08.07. Rights Pending Appeal.
Pending decision on an appeal, all rights emanating from the
permit, license or other entitlement which is the subject
matter of the appeal, and all time periods relevant thereto,
shall be suspended.
3.08.08.
Finality of Decisions.
In the event an appeal is not filed within the applicable
time frame specified in this Chapter, the action of the
acting body shall be final.
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Draft Ordinance Amending Tiburon Zoning Ordinance
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Section 4.02.08 of the Tiburon Zoning Ordinance is amended to
read as follows:
4.02.08. Floor Area Ratio Guidelines.
The intent of this section is to provide a "community
yardstick" for appropriate residential size and scale,
measured in gross square footage, in relation to the overall
size of property on which the improvements are proposed. It
is the intent of the Town of Tiburon to reasonably apply
residential floor area ratios with regard to specific site
characteristics and the surrounding pattern of development.
The floor area ratio guideline is intended to discourage
overbuilding of property, as often occurs with "tear-downs"
and extensive remodel/additions on infill sites, and with
first-time residential construction. The Floor Area Ratio
Guideline for a lot is not intended as a target to be
achieved, but is intended to indicate a reasonable maximum.
The Town may approve less than the maximum square footage
indicated by the floor area ratio guideline when necessary to
achieve compatibility with surrounding development, to
maintain the neighborhood character, or for other good cause.
Floor Area is calculated using the definition contained in
Subchapter 1 under "Floor Area, Gross". Floor area ratio
includes accessory buildings as well as any primary building.
Floor area ratio guidelines for the conventional single family
and two family residential zones (R-l, R-l-B, RO-l, RO-2, RPD,
and R-2) are as shown in the following table. The multi-
family zone (R-3) has a floor area maximum of .60. Properties
in the Residential Planned Development (RPD) zone are subject
to the guidelines in the following table, unless otherwise
speci fied in a Precise Development Plan or other permit.
Properties in the Residential Multiple Planned (RMP) zone have
a .30 floor area ratio maximum, unless otherwise specified in
a Precise Development Plan or other permit.
Sections 4.03.05(al of the Tiburon Zoning Ordinance is hereby
amended to read as follows:
(a) Because of special circumstances applicable to the
property, including size, shape, topography, location,
or surroundings, the strict application of the Zoning
Ordinance will deprive the applicant of privileges
enjoyed by other properties in the vicinity and in the
same or similar zones.
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Draft Ordinance Amending Tiburon Zoning Ordinance
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Section 4.03.05(c) of the Tiburon Zoning Ordinance is hereby
amended to read as follows:
(c) The strict application of the Zoning Ordinance
would result in practical difficulty or unnecessary
physical hardship. Self-created hardships may not be
considered among the factors which might constitute
special circumstances. A self-created hardship results
from actions taken by present or recent owners of the
property which consciously create the very difficulties
or hardships claimed as the basis for an application for
a variance.
Section 4.05.02, the definition of "Attached Secondary Dwelling
Unit", of the Tiburon Zoning Ordinance is. amended to read as
follows:
Attached Secondary Dwelling Unit: An attached
dwelling unit lS a secondary dwelling unit that
common wall with the principal place of residence.
secondary
shares a
Section 4.05.03 of the Tiburon Zoning Ordinance is amended to
read as follows:
4.05.03. Second Dwelling Units; Where Permitted.
Secondary dwelling units shall be permitted as conditional
uses in the following residential zoning districts only:
R-l, R-l-B, RO-l, RO-2, and RPD.
Section 4.05.l0 of the Tiburon Zoning Ordinance is amended to
read as follows:
4.05.10. Recording Conditional Use Permits.
Any Conditional Use Permit granted under provisions of this
Chapter shall be recorded in the County Recorder's Office
and all recording costs shall be borne by the owner of
record.
Section 4.06.0l of the Tiburon Zoning Ordinance is amended to
read as follows:
4.06.01. Intent and Purpose.
Condominiums, as defined herein, create conditions that differ
markedly from those associated with rental units. These
32
Draft Ordinance Amending Tiburon Zoning Ordinance
1/22/2001
condi tions associated with condominium subdivision proj ects
may result, unless regulated, in a negative impact upon the
pUblic health, safety, welfare, and economic prosperity of the
Town. It is the intent of the Town to establish rules and
standards that regulate the construction of, and/or the
conversion of structures to condominiums, as defined herein,
within the Town. The provisions of this section 4.06.00 shall
be in addition to the provisions of the State Subdivision Map
Act and the provisions of Chapter l4 of the Tiburon Municipal
Code.
The Council specifically finds that many multi-family
dwellings now sought to be converted to condominiums were not
constructed originally in a manner which envisioned individual
ownership of the dwelling units; unregulated conversion of
existing rental housing to condominiums reduces the stock of
rental housing to the community and may have an impact on the
price of housing in the Town; in a period of extremely low
vacancy factors for available Town rental units, unregulated
conversion to condominiums could work a hardship on tenants of
buildings sought to be converted, who may find themselves
unable to find replacement housing in the Town or southern
Marin, and also find themselves unable to purchase the unit
they occupy, after a conversion.
The Council also specifically finds that certain condominium
conversion applications constitute de-facto lot splits of
properties that would otherwise be too small in area to be
subdivided. In order to avoid such substandard subdivisions,
all condominium conversions shall include a substantial amount
of common area that is owned and used in common by the owners
of all dwelling units in the project.
The rules and standards set forth herein are intended to
provide that rental units being converted, or structures
ini tially erected as condominiums, meet reasonable
construction criteria under state and local laws, ordinances,
and regulations, that a reasonable balance between rental
housing and owner-occupied housing continues to exist in the
community, and to ensure that the density, bulk, height,
massing, and character of the units constructed or converted
hereunder are consistent with the existing character of
structures in the area. These rules and standards shall apply
to industrial, commercial, or marina subdivisions as well as
purely residential subdivisions.
Section 4.06.0l5 of the Tiburon Zoning Ordinance is amended to read
as follows:
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Draft Ordinance Amending Tiburon Zoning Ordinance
1/22/2001
Section 4.06.015. Definition of Condominium.
The term condominium shall include all of the following:
(a) Community Apartment as that term is defined in Civil
Code Section 1351(d)
(b) Condominium as that term is defined in Civil Code
Section 1351 (f) .
(c) Stock Cooperative as that term is defined in Civil Code
Section 1351(m).
(d) Undivided Interest Project which is defined as any
parcel of land containing five or more residential
dwelling units in which five or more individuals own an
undivided interest coupled with the right of exclusive
occupancy of any unit located thereon.
Section 4.06.03 (i) of the Tiburon Zoning Ordinance is amended to
read as follows:
Ii) Parking within the property lines of the project
is provided to satisfy this Chapter, and for
residential projects, at a ratio of no less than
two (2) spaces per dwelling unit. Each required
parking space shall have direct access to the
street without passing over other required parking
spaces, except that the Commission may waive this
direct access requirement for one of the two
spaces required for each dwelling unit where it
finds that conditions of terrain or siting make
strict adherence to this provision undesirable.
Section 4.06.03 I j) of the Tiburon Zoning Ordinance is amended to
read as follows:
(j) The proposed condominium conversion project
provides a substantial common area consisting of
real property that is not merely a token common
area such as a fence or other minor portion of the
property. The purpose of this requirement is to
prohibit de facto lot splits presented in the guise
of condominium conversions.
Section 4.08.01 of the Tiburon Zoning Ordinance is amended to read
as follows:
4.08.01. Purpose.
A Precise Development Plan is
zones prior to subdivision,
required
grading,
in all RPD and
or the making
RMP
of
34
Draft Ordinance Amending Tiburon Zoning Ordinance
1/22/2001
improvements of any kind.
For all development projects which require the division of a
lot or parcel of land, the filing and processing of the
subdivision application shall not occur until after the
Precise Development Plan, if one is required, has been
approved by the Council as provided in Section 4.08.00.
The purposes of the Precise Development Plan are:
a. To provide for review by the Town a detailed
development proposal for a site, in both written and graphic
form, establishing the specifics normally associated with a
residential zone, including but not limited to, setbacks or
building envelopes, coverage limits, and height limits.
b.
with
Plan
To demonstrate
the goals and
Elements.
consistency
policies of
of
the
a development proposal
Town's adopted General
c. To preserve and conserve critically limited open space
for the protection of the ecology and the environment, and to
safeguard against the adverse impacts of fire, noise, water
pollution, the destruction of scenic beauty and hazards
related to geology, fire and flood, while at the same time
providing a reasonable use of the land.
Sections 4.09.00, 4.09.01, and 4.09.02 of the Tiburon Zoning
Ordinance are amended to read as follows:
SECTION 4.09.00. AMENDMENTS TO ZONING ORDINANCE, INCLUDING
TEXT AMENDMENTS AND REZONINGS.
Amendments to the Zoning Ordinance, including text amendments
and rezonings, may be authorized by the Council upon
recommendation of the Commission, and pursuant to the
provisions of this section.
4.09.01. Initiation.
The Zoning Ordinance may be amended by changing the boundaries
of any zone, or by changing any zoning regulation, off-street
parking or loading requirement, general provision, exception,
procedure, or any other provision thereof whenever the public
necessity, convenience, or general welfare requires such
amendment. Amendments may be initiated by:
(a) Council request to the Commission;
35
Draft Ordinance Amending Tiburon Zoning Ordinance
1/22/2001
(b) Resolution of Intention of the Commission;
(c) Application of all land owners or their duly authorized
representatives for amendments to the Zoning Ordinance
involving the zoning of their land.
(d) Application of a plaintiff in an action in eminent domain
for amendments to the Zoning Ordinance invol ving the
zoning of the land to be acquired by plaintiff in an
action in eminent domain.
(e) Application of
amendment.
any interested person
for
a
text
4.09.02. Application.
Application for an amendment to the Zoning Ordinance shall be
made pursuant to the provisions of Section 3.01.00.
Section 4.09.06 of the Tiburon Zoning Ordinance is amended to
read as follows:
4.09.06. Public Hearing by Council. Notice.
A public hearing pursuant to the provisions of Section 3.06.00
shall be required to consider the Commission's recommendation
of approval of any amendment to the Zoning Ordinance.
Notice of the hearing shall be given as prescribed by
California Government Code Section 65856.
The Council may approve, amend, modify, or disapprove the
decision of the Commission. If the Council modifies the
Commission's recommendation, and the modifications were not
previously considered by the Commission, then the matter shall
be remanded to the Commission for comment. Failure of the
Commission to comment on the proposed amendment, as modified,
within 40 days, shall be deemed acceptance of the
modification.
An application for amendment approved by the Council, shall be
adopted by Ordinance pursuant to provisions of the California
Government Code.
Section 4.11.02 of the Tiburon Zoning Ordinance is amended to
read as follows:
4.11.02. Certificate Required.
No structure erected, moved,
altered or enlarged after
36
Draft Ordinance Amending Tiburon Zoning Ordinance
1/22/2001
December 26, 1990, shall be occupied or used; no site shall be
initially occupied or used; and no non-residential occupancy
or tenancy of any structure or site shall be changed after
December 26, 1990, until a certificate of occupancy shall have
been issued by the Building Official.
Section 4.12.01 of the Tiburon Zoning Ordinance is amended to
read as follows:
SECTION 4.12.00. SUBDIVISIONS.
4.12.01. General.
For all development proj ects which require the division of a
lot or parcel of land, the filing and processing of the
subdivision application shall not occur until after the
Precise Development Plan, if one is required, has been
approved by the Council as provided in Section 4.08.00.
All subdivision proceedings shall be subject to the rules and
regulations of Chapter 14 of the Tiburon Town Code, and the
State Subdivision Map Act, (Government Code Title 7, Division
2) as amended.
Section 5.01.05 of the Tiburon Zoning Ordinance is amended to
read as follows:
5.01.05. Conformity Required.
On or after December 26, 1990, no buildings or structures
shall be erected, reconstructed, moved, converted, or
structurally altered in any manner, nor shall any buildings,
other structures, or land be used for any purpose or in any
manner other than as permitted by and in conformance with
the General Plan and this Chapter.
Section 5.01.06 of the Tiburon Zoning Ordinance is amended to
read as follows:
5.01.06. All Uses Conform to Chapter.
Land or structures in any zone shall hereafter be used only
for the purposes listed as permitted in that zone and in
accordance with the regulations established for that zone and
in accordance with any conditions or requirements of
applicable Zoning Permits.
Section 5.01.05 of the Tiburon Zoning Ordinance is amended to
read as follows:
37
Draft Ordinance Amending Tiburon Zoning Ordinance
1/22/2001
5.01.07. structural Alterations and Construction.
No structure shall be erected, reconstructed, relocated,
increased, enlarged, or expanded or structurally altered to
have a greater bulk or area or higher proportion of lot
coverage than permissible under the limitations set forth in
this Chapter without conforming with the provisions of this
Chapter.
Section 5.03.01 of the Tiburon Zoning Ordinance is amended to
read as follows:
5.03.01. Legal Nonconforming Use Defined.
A legal nonconforming use is a use of a structure or land
which was lawfully established and maintained prior to
December 26, 1990 but which no longer conforms to the use
regulations of the zone in which it is located. The Town of
Tiburon contains relatively few nonconforming uses, an example
of which would be a multi-unit apartment building located in a
single family residential zone, or a commercial use located in
any residential zone.
This Zoning Ordinance seeks to gradually eliminate, through
attrition, the number and extent of nonconforming uses by 1)
prohibiting their enlargement; 2) prohibiting their
reestablishment after abandonment; and 3) regulating the
alteration of the structures they occupy.
Section 5.04.01 of the Tiburon Zoning Ordinance is amended to
read as follows:
5.04.01. Legal Nonconforming Structure Defined.
A legal nonconforming structure is a structure which was
lawfully erected prior to December 26, 1990, but which no
longer conforms to the standards of coverage, yard space,
height, distance between structures, or other prescribed
regulation for the zone in which the structure is located.
Examples of a nonconforming structure could be:
1. A house taller than 30 feet (which did not receive
a variance or other approval to be built higher
than 30 feet)
2. A lot in an R-1 zone which has greater than 30
percent coverage (which did not received a
variance to exceed the 30 percent coverage limit).
38
Draft Ordinance Amending Tiburon Zoning Ordinance
1/22/2001
3 .
A building with
required in its
variance for the
a yard setback less
zone (which did not
reduced yard space) .
than tha t
recei ve a
A structure shall not be considered nonconforming where its
apparent nonconformity results solely from a variance or use
permit granted by the Town of Tiburon or by the County of
Marin. Records of these permits may be on file in the
Tiburon Planning Department.
Lawfully existing
nonconforming solely
described in Section
structures shall not
on the basis of "floor
4.02.08.
be considered
area guidelines"
Section 5.04.03 (c) (3) of the Tiburon Zoning Ordinance is amended
to read as follows:
(3) An existing commercial building, including a
Downtown building, may be rebuilt to the same size
as the former structure, provided that the parking
requirements of this Chapter are met, if such can
be reasonably provided, and if required as a
condition of Site Plan and Architectural Review
approval. (Please refer to the Downtown Sub-Element
of the General Plan).
Section 5.06.01 of the Tiburon Zoning Ordinance is amended to
read as follows:
5.06.0l. Yards Required.
Yards, often referred to as "setbacks", are important elements
in establishing privacy, noise buffers, fire safety, the
provision of sunlight and air, and usable yard areas for
pri vate recreation, among other benefits. Setbacks can also
provide a sense of low density, spaciousness, and aesthetic
pleasure.
The yard
the zone
Subchapter
Chapter.
spaces required around structures
regulations in which the lot
2) and in the general regulations
are
is
set
specified in
located (see
forth in this
In the case of Planned Development zones (RPD and RMP zones),
the yard areas (usually known as "building envelopes") may be
specified in an approved Precise Development Plan or
equivalent document. Some older Planned Development approvals
do not specify setback requirements, in which case appropriate
setbacks are determined by Site Plan and Architectural Review.
39
Draft Ordinance Amending Tiburon Zoning Ordinance
1/22/2001
Section 5.06.04 of the Tiburon Zoning Ordinance is amended to
read as follows:
5.06.04. Yard Regulations.
Unless otherwise stipulated in
Plan or equivalent document,
shall apply to all lots:
an approved Precise Development
the following yard regulations
(a) Required front and side yard areas shall not be
used for the placement or erection of any accessory
building in any zone. Detached accessory buildings
not exceeding 12 feet in height may be located on a
rear yard, provided that such buildings do not
occupy more than 25 percent of the area of the rear
yard. Swimming pools and spas may also be located
on a rear yard.
(b) Fences, walls, hedges, walks, driveways, and garage
aprons and similar paved areas may occupy any
required yard, provided that:
1. A fence, wall, or retaining wall greater than
3 1/2 feet in height shall not be erected in
any yard without Site Plan & Architectural
Review approval as provided in Section 4.02.00
of this Chapter.
2. A fence, wall, or retaining wall shall not
exceed six (6) feet in height in any yard.
3. Fences (including walls or hedges used as
fences) shall not be located, designed, or
constructed so as to impair safe vision from
vehicles or of pedestrians.
(c) Landscape features such as patios, open grills,
water features (other than swimming pools and
spas), trellises, entry pergolas, and similar
features may occupy any required yard. But in no
case shall any obstruction be located in a public
right-of-way without issuance of an encroachment
permit.
(d) In any residential zone, a front yard shall not be
used for storage of junk materials as described in
Subchapter 1 under the definition of "junkyard".
This restriction includes the storage of operable
or inoperable vehicles in areas other than improved
parking areas.
40
Draft Ordinance Amending Tiburon Zoning Ordinance
1/22/2001
(e) Additionally, required yard spaces:
1. Shall not be encroached upon by movement or
alteration of an existing main building;
2. Shall not be less than the minimum for any new
main building;
3. Shall not be considered as yard space for
more than one main building.
Section 5.06.06 of the Tiburon Zoning Ordinance is amended to
read as follows:
5.06.06. Height Limits.
Height limits are important measures to protect privacy and
views; to promote the adequate provision of sunlight, air, and
visual safety; and to prevent the vertical overbuilding of
properties.
No building or structure shall be erected or altered to exceed
the height limit established for the zone in which the
structure is located. The height limit is 30 feet in most
zones, although this number should be considered a maximum,
and is subject to reduction through the Site Plan and
Architectural Review process, through Precise Development Plan
approvals, or though other permit approvals issued by the
Town.
For visual safety reasons at all street intersections, it
shall be unlawful to install or maintain any sign, fence,
hedge, vegetation, or any other view obstructions that extend
more than thirty (30) inches above the street level of any
adjacent intersection, within that area between the property
line and a diagonal line joining points on the property lines
that are thirty-five (35) feet from their intersection, as
extended. Please refer to Figure 5-1 below.
41
Draft Ordinance Amending Tiburon Zoning Ordinance
1/22/2001
FIGURE 5-1
SIGHT DISTANCE AT INTERSECTIONS
Obstructions over 2~ feet
in height prohibited
- -
\
\
\
~---
14 .
35
~~
. ....".....
... ..- . ...
........ ..
.......A
.-......
... .... ...
\.. boo
.... '...~
-: h)
l"{
~!'
I
,
I
Draft Ordinance Amending Tiburon Zoning Ordinance
j
/
I
,
Il
- .
42
1/22/2001
The above provision shall also apply to lots on very sharp
curves of streets, where, in the opinion of the Town Engineer
or Superintendent of Public Works, sight distances are
impaired. In such cases, the 35-foot distance shall be
measured from the outermost point on the curve.
Section 5.06.07 of the Tiburon Zoning Ordinance is amended to
read as follows:
5.06.07. Height Measurement Method.
Height is the plumb vertical distance, measured using a plane,
established by the lower of the natural or finished grade at
the perimeter of the exterior surface of the building,
structure, fence, or wall. No point of the roof edge, fence,
wall, parapet, mansard, structure, or other building feature
shall extend above the plane established by the maximum height
line from grade, except as specifically excluded below.
Please refer to Figure 5-2 below.
On building sites in subdivisions where there is an approved
grading plan which has been accurately executed, the elevation
established by the subdivision grading shall be considered the
natural ground elevation.
In measuring height, the following exclusions shall apply:
(l) Elevator and stairwell roof enclosures, roof
equipment enclosures, skylights, chimneys, flues,
vents, and similar features may exceed the maximum
height to provide for the normal function of a
facility, provided that they are of minimum height
and bulk.
(2) Church spires, flag poles, monuments, radio and
television towers or antennas, and similar
features, of minimal area and bulk, may exceed
maximum height limits by up to three (3) feet or as
required by the Uniform Building Code. The height
restrictions shall not apply to antennas for radio
operators licensed by the Federal Communications
Commission when a Conditional Use Permit has been
obtained for that use pursuant to Section 4.04.00.
(3) The portion of a retaining wall (footing) below
grade shall not be included in the measurement of
height.
(4) Height limitations specified in this Section shall
not apply to public utility distribution and
transmission lines which are under the jurisdiction
of the State Public Utilities Commission.
43
Draft Ordinance Amending Tiburon Zoning Ordinance
1/22/2001
FIGURE 5-2
HEIGHT MEASUREMENT
..............
.................
...................
..................
. ..... .----........
Minor
Encroachment (Chimney, etc)
E"J:e~ior Sn....f"".. ~
t ui1dinq
'1e\0ge .....,..
. ~ t\\ . ....::::;:;:;:ttttf:h0-
....e'q'\\ .......................::::;,.
~a~ \ ~u~ ~1!~!li1fi!ii~ljlitllljljll!lj.lfill~1.~jiil:lli~i~jliji:i;:!.I:~.I:!l~~
....... ........................., 1
f{;}~: 30' :~:~:~:~:~:~:}~;~:t:}}~{{{: .
....... .........................
t::::::::::::::::::i..:::::::::::::::::::::::::::::::;::;::::::::::::::::::::,-
l,.':':':':':':';':':':':':':':':':':':':':':':':':':':':-:...........:.,--.
......... ...............
:.:.:.:.:.:.:.:.:.;..:.:-:.:.:.:.:.:.:.:.:.....
i:ttttW ;:)}::.:..... Exc~v~ted Grade
!=::;::.:..... ~~aC.e FlnlSh Grade
.. \ ~,
>u:('a.
~a."
30'
~e _
.,,0 _
<;:,o~"
Height_
I
.
.
,
.
,
Height
Grade.../\
44
Draft Ordinance Amending Tiburon Zoning Ordinance
1/22/2001
Section 5.06.08 of the T iburon Zoning Ordinance is amended to
read as follows:
5.06.08. Lot Coverage.
Lot coverage measures the proportion of a lot which is covered
by structures. Lot coverage limits help to promote the
aesthetic qualities of spaciousness and privacy. Lot coverage
limits can also help reduce excessive run-off and help provide
usable yard spaces by restricting the horizontal overbuilding
of properties.
In traditional zones (R-l, R-l-B, R-2, R-3, RO), the
percentage of any lot which may be covered by structures is
specified in the Land and Structure Regulations for that zone
(see Subchapter 2). Lot coverage in Planned Developments is
usually established by the Precise Development Plan or
associated document.
Lot coverage is calculated by dividing the area occupied by
the exterior limits of all structures exceeding three (3) feet
in height above the natural or finished ground surface,
whichever is lower, by the total lot area, and multiplying by
one hundred.
Lot coverage shall include buildings, accessory buildings, and
carports; one-half the area of all decks higher than three (3)
feet above grade; cantilevered elements, porches, canopies,
chimneys, fire escapes, balconies, and similar features which
are higher than three (3) feet above grade; and eaves which
project more than four (4) feet.
Lot coverage shall not include the area of uncovered and
unenclosed off-street parking spaces, walks, patios, in-ground
swimming pools or pools which do not extend more than three
(3) feet above grade, uncovered decks three (3) feet or less
above grade, landscape features, and eaves projecting four (4)
feet or less.
Section 5.07.03 of the Tiburon Zoning Ordinance is added to read
as follows:
5.07.03.
Water and Sewer Requirements.
Newly created lots and unimproved lots shall be served for
domestic purposes by the public water system, or in accordance
with Chapter 13F (Wells) of the Tiburon Municipal Code; and by
the public sewer system unless specifically exempted by the
Town Council.
45
Draft Ordinance Amending Tiburon Zoning Ordinance
1/22/2001
Sections 5.09 through 5.14 of the Tiburon Zoning Ordinance are
added to read as follows:
SECTION 5.09.00.
AREAS .
RECYCLABLE MATERIALS: COLLECTION & LOADING
The design and location of all collection and loading areas
for recyclable materials shall comply with the requirements of
Chapter 16C of the Tiburon Municipal Code, also known as the
Recyclables Collection Area Ordinance.
SECTION 5.10.00. PUBLIC UTILITY LINES.
Public utility distribution lines, both overhead and
underground, are permitted in all districts, subject to
obtaining normal permits (see Section 4.02.00), except where
routine maintenance and repairs on existing lines are
required, in which case no zoning permit is required. However,
the Town requires undergroundinij of utility connections for
new construction and for remodel of existing structures,
pursuant to Chapter 12A of the Tiburon Town Code. The
locations of new power transmission lines are to be approved
by the Town.
Proof is to be furnished to the Board that the proposed
installation is necessary and convenient for the efficiency of
the public utility system or the satisfactory and convenient
provision of service by the utility to the neighborhood or
area in which the particular use is to be provided.
Furthermore, the design and location of such facility should
consider the general character of the area and in no way
adversely affect the development of property in the zone in
which it is located, or adversely affect designated open space
or recreational areas.
SECTION 5.11.00. SUBMERGED AND PARTIALLY SUBMERGED LAND.
Wholly submerged lands, and underwater portions of lands that
are partially submerged, shall be considered conservation
areas subject to the regulations of the M zone, and of the San
Francisco Bay Conservation and Development Commission (BCDC).
The area of such lands that are below the high water line
shall not be used in the determination of gross lot or parcel
area, minimum lot area, parcel area per dwelling unit, lot
coverage, or any other land and structure regulation of the
zone in which it is located (see Section 2.05.03 (8) for an
exception) .
46
Draft Ordinance Amending Tiburon Zoning Ordinance
1/22/2001
SECTION 5.12.00. ENFORCEMENT.
The Planning Director may withhold issuance of any permit or
entitlement of use authorized under the provisions of this
Chapter if he or she determines that there has not been full
compliance with all applicable ordinances, regulations, and
statutes pertaining to land divisions, including but not
limited to the State Subdivision Map Act (California
Government Title 7, Division 2), and Chapter 14 of the Tiburon
Municipal Code; or if it appears that the land to which the
permi t applies is not a legally created lot or parcel. Any
permit, license, or other certificate of entitlement issued
contrary to the provisions of this Chapter is void.
SECTION 5.13.00. VIOLATIONS AND PENALTIES.
5.13.01. Infraction.
Any person violating any provision or failing to comply with
any requirement of this Chapter shall be guilty of an
infraction. Penalties for infractions shall be those set forth
in Government Code Section 36900, as amended.
5.13.02. Power of Arrest.
The Town Manager, Planning Director, and Building Official,
Building Inspector, or their designee, are hereby authorized
the power of arrest for any person who violates any provision
of this Chapter, pursuant to Section 836.5 of the California
Penal Code.
5.13.03. Public Nuisance.
Any violation of this Chapter shall constitute a public
nuisance. In addition to any other remedies provided in this
Section, the Town may summarily abate any such violation
and/or bring civil suit to abate the same.
5.13.04. Separate Offenses--Cumulative Remedies.
Each and every day 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.
SECTION 5.14.00. LEGAL PROCEEDINGS AND LIMITATIONS PERIOD.
Any court action or proceeding to attack, review, set aside,
void or annul any decision on matters listed in this Chapter,
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Draft Ordinance Amending Tiburon Zoning Ordinance
1/22/2001
Any court action or proceeding to attack, review, set aside,
void or annul any decision on matters listed in this Chapter,
including, but not limited to, rezoning or reclassification of
property, or concerning any of the proceedings, acts or
determinations taken, done or made prior to such decision, or
to determine the reasonableness, legality or validity of any
condi tion attached thereto, shall not be maintained by any
person unless such action or proceeding is commenced within
ninety (90) days after the effective date of such decision.
Thereafter, all persons are barred from any such action or
proceeding, or any defense of invalidity or unreasonableness
of such decision or of such proceedings, acts or
determinations.
The provision of this section shall apply to matters listed in
this Chapter. Provided, however, that should any court of
competent jurisdiction hold that this section is invalid in
its application to matters referred to in California
Government Code Section 65009, then such invalidity shall not
affect the application of the provisions of this section to
all other matters listed in this Chapter, and, to this end,
the application of this section to matters other than those
listed in California Government Code Section 65009 is hereby
declared to be severable.
The Town Council of the Town of Tiburon hereby declares that
it would have adopted this section and made the same
applicable to matters other than those listed in California
Government Code Section 65009 irrespective of any holding that
this section cannot legally be applied to matters referred to
in California Government Code Section 65009.
Section 4. Severabilitv.
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 shall take effect and be in force thirty (30) days
after the date of passage. Pursuant to the provisions of
Government Code Section 36933, a summary of this ordinance shall
be prepared by the Town Attorney. At least five (5) days prior
Draft Ordinance Amending Tiburon Zoning Ordinance
1/22/2001
48
to the Council meeting at which adoption of the ordinance is
scheduled, the Town Clerk shall (1) publish the summary, and (2)
post in the office of the Town Clerk a certified copy of this
ordinance. Within fifteen (15) days after the adoption of this
ordinance, the Town Clerk shall (1) publish the summary, and (2)
post in the office of the Town Clerk a certified copy of the full
text of the ordinance along with the names of those Council
members voting for and against the ordinance.
This ordinance was introduced at a regular meeting of the Town
Council of the Town of Tiburon on , 2001, and was
adopted at a regular meeting of the Town Council of the Town of
Tiburon on , 2001, which was noticed pursuant to
Government Code Section 65091, by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
ANDREW THOMPSON, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
\zo\z2001-01ord.doc
Draf~ Ordinance Amending Tiburon Zoning Ordinance
1/22/2001
~
TOWN OF TIBURON
ST AFF REpORT
ITEM NO.
MEETING DATE: 2/7/2001
!~
To:
From:
Subject:
Date:
TOWN COUNCIL
SCOTT ANDERSON, PLANNING DIRECTO~
LOCAL HISTORIC INVENTORY OF DOWNTOWN BUILDINGS
JANUARY 25,2001
BACKGROUND
In May 1999, the Town received and accepted the Downtown Historic Resources Study prepared
by Glenn David Mathews and 3D Visions. In that document, the consultants recommended that
the Town prepare and adopt Downtown Design Guidelines, in lieu of forming a local Historic
District. The Downtown Historic Resources Study further recommended that the Town complete
and adopt a "Local Historic Inventory" of buildings in the Downtown area.
In July 1999, the Town Council approved funding in the FY 1999-2000 annual budget for the
preparation of Downtown Design Guidelines and completion of the Local Historic Inventory.
The contract for completion of the Local Historic Inventory was awarded to 3 D Visions in
September 1999. The contract for preparation of Downtown Design Guidelines was awarded to
James McLane & Associates in September 2000. Preparation of the Downtown Guidelines is
currently well underway.
The Local Historic Inventory is now complete and ready for adoption At its meeting on January
23,2001, the Heritage & Arts Commission recommended that the Town Council adopt the Local
Historic Inventory.
Planning Department Staff would like to acknowledge the considerable efforts of the Heritage &
Arts Commission, especially members Donna Kline and Victoria Arnett, in interviewing people
and gathering details on the buildings such that a historic inventory is possible.
ANALYSIS
The final draft Local Historic Inventory, with explanatory cover letter, is attached as Exhibit 2.
Please note that while the distributed copies are black and white, color-photo originals will be on
display at the meeting and will be maintained in the permanent Town Hall and public library files.
Tihuron Town Council
Slaff Heparl
JlnOOI
The Local Historic Inventory describes 23 different buildings that all qualifY as historically
significant from a local government perspective. If the inventory is adopted by the Town
Council, then these buildings will qualifY for the California State Historic Building Code (SHBC).
The SHBC offers relief to property owners from current building codes in order to preserve the
historic features of buildings. This is the primary benefit from being listed on a local historical
inventory. A secondary benefit is that any proposed exterior change to the building is subject to
greater awareness at the local regulatory level, and this awareness generally acts to better
preserve the appearance of the building. No new review processes are created by the adoption of
the Local Historic Inventory.
The Local Historic Inventory would be used in tandem with the Downtown Design Guidelines
that are currently being prepared. Staff believes that these two tools will significantly enhance
preservation of the historic character and charm of Main Street and Ark Row.
Furthermore, the detailed guidance provided by the Downtown Design Guidelines will be more
directive and effective than the "Historic District designation" previously considered and rejected
by the Town Council.
A list of the building addresses included in the Local Historic Inventory is located at the end of
the staff report.
STAFF RECOMMENDA nON
Adopt the Resolution (Exhibit 1) adopting the Local Historic Inventory containing historic
resources #001 through #023.
EXHmITS
1. Draft Resolution.
2. Cover letter and final draft Local Historic Inventory dated January 12, 200 I.
Tiburon Town Council
Staff Report
2/7/2001
2
,
LOCAL HISTORIC INVENTORY FOR DOWNTOWN TIBURON
LIST OF BUILDINGS INCLUDED AND SUBJECT TO
CALIFORNIA STATE HISTORIC BUILDING CODE
FEBRUARY, 2001
Main Street (Lower)
15-17 Main Street
16 Main Street
20-22 Main Street
21 A Main Street
26 Main Street
27 Main Street
30 Main Street
31 Main Street
32 Main Street
34 Main Street
35 Main Street
38 Main Street
55 Main Street
Main Street (Upver) (a.k.a. Ark Row)
72 Main Street
104 Main Street
106 Main Street
108 Main Street
110 Main Street
112 Main Street
116 Main Street
118-120 Main Street
122 Main Street
Tiburon Boulevard @ Juanita Lane
1696 Tiburon Boulevard
scott/hist inventory tcreport.doc
Tiburon Town Council
Staff Report
2/7/2001
3
..
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TffiURON ADOPTING A LOCAL HISTORIC INVENTORY
OF BUILDINGS LOCATED IN DOWNTOWN TffiURON AND AUTHORIZING
APPLICATION OF THE CALIFORNIA STATE HISTORIC BUILDING CODE
WHEREAS, the Town Council of the Town of Tiburon does resolve as follows:
Section 1. Findings.
A. California Government Code Sections 37361 and 25373 enable the legislative bodies of
municipalities to provide for "the protection, enhancement, perpetuation, or use of places,
sites, buildings, structures, works of art and other objects having a special character or
special historical or aesthetic interest or value".
B. In 1998, the Town of Tiburon authorized the preparation of the Downtown Historic
Resources Study and in 1999 accepted the study and its recommendations. Those
recommendations included preparation of a Local Historic Inventory and preparation and
adoption of Downtown Design Guidelines in lieu of the formation ofa formal historic
district.
C. The Town has caused to be prepared by a qualified consultant a Local Historic Inventory
of buildings in Downtown Tiburon for the purposes set forth in Finding (A) above and for
the purpose of application of the California Historic Building Code to said buildings.
D. Adoption of the Local Historical Inventory promotes the general welfare by accomplishing
the following:
(a) Safeguarding the Town's heritage as embodied and reflected in the buildings listed in
the Inventory;
(b) Encouraging public knowledge, understanding and appreciation of the Town's past;
(c) Encouraging the preservation of diverse and harmonious architectural styles and
design preferences reflecting phases of the Town's history in its Downtown area;
(d) Fostering community pride and a sense of identity based upon the recognition and use
of historic buildings;
(e) Promoting enjoyment and use of historic buildings;
(f) Protecting and enhancing the Town's historical attraction to visitors;
(g) Identifying and resolving conflicts between the preservation of historical resources and
alternative land uses.
E. The buildings listed in the Local Historical Inventory are known to conform to the
requirements for designation in a Local Historic Inventory.
Tiburon Town Council
Resolution No.
--/--/2001
1
EX-BlBIT NO.
J
F. Inclusion ofthe buildings within the Local Historic Inventory will afford the protection of
historic resources as provided by hr California Environmental Quality Act with respect to
Cultural Resources.
G. Inclusion of the buildings within the Local Historic Inventory will allow application of the
California State Historic Building Code to the buildings included therein.
NOW, THEREFORE BE IT RESOLVED that the Town Council does hereby adopt a
"Local Historic Inventory of Buildings in Downtown Tiburon", attached hereto as Exhibit 1, and
BE IT FURTHER RESOLVED that the Town Council hereby authorizes the Building
Official to apply provisions of the California State Historic Building Code (SHBC) to those
buildings listed in the "Local Historic Inventory of Buildings in Downtown Tiburon".
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on ,2001, by the following vote:
AYES:
COUNCILMEMBERS:
NOES
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS
ANDREW THOMPSON, MAYOR
TOWN OF TIBURON
ATTEST
DIANE CRANE IACOPI, TOWN CLERK
Local inventory reoo.doc
Tiburon Town Council
Resolution No.
--/--/2001
2
~-
January 12, 2001
Scott Anderson, Planning Director
Town of Tiburon
1 505 Tiburon Boulevard
Tiburon, CA 94920
RECEIVED
JAN 1 6 ZOOl
Re: Intensive survey of Downtown Historic Resources
PLANNING OEPAHTMEN I
TOWN OF TIBURON
Dear Mr. Anderson:
Enclosed please find the Downtown Tiburon Historic Resources Inventory, ready for
distribution to the Heritage and Arts Commission (HAC). This packet includes revisions to the
drafts submitted to the HAC in November and December 2000.
This study is an expansion of the Reconnaissance Survey conducted by Glenn David
Mathews, AlA in 1998. Additional information gathered during this most recent study
includes additional cultural and construction information collected by the commission
members. Coordination with the HAC and the State Office of Historic Preservation (OHP),
photography, and preparation of this packet was handled by 3D Visions. Glenn David
Mathews classified the buildings by architectural style, and provided descriptions of each
style.
The primary purpose of this Intensive Survey is to provide relaxation for property owners of
the contemporary standards of the State's Title 24 Building Code. By adopting this list of 23
properties, the Town will enable property owners of these buildings to seek relaxation from
the stringent requirements of the State Building Code when seeking to upgrade their
properties. The Survey is a historical record that will serve as a reference tool for historic
preservation activities in the future. It is a 'snapshot" of how these buildings appeared at the
end of the 20th century. The Town should archive a copy with its important records.
Following acceptance of this work, we will provide the Town with a digital copy of these
files, archived on CD-ROM. As backup for the Town's storage, we will maintain a copy in our
archives as well.
Our work was done with reference to the standards of OHP. We followed the state guidelines
for conducting an inventory for a state historic district. We used the state's format to that the
Town might later have the option of pursuing creating a State Historic District. A benefit of
becoming a state historic district would be that the Town could archive these materials in the
regional Historical Resources Information Center, located in the Department of Anthropology
at Sonoma State University. As an option, the Town may later choose to adopt the buildings
in this current inventory as part of a local historic district.
HAC commissioners volunteered a tremendous amount of time to conduct research on the
buildings In the inventory. We wish to thank Chairman Donna Kline for her enthusiastic
support of this project. We are especially grateful to Victoria Arnett for her comprehensive
3D Visions. 3661 Buchanan SI.; Ste 200. San Francisco, C4 94123-1708' (415) 409-9610. (415) 409-9612Ifax) 'www.3dvisions.to
EXHlBI'l' NO.
cl
work documenting the cultural, sodal and construction history of so many of these
buildings. We have enjoyed working with both the HAC and your department.
To further assist the commission, enclosed In this package Is a sample resolution for use by
the HAC. It is also being provided In digital format.
Please call me If you need further clarification.
Sincerely,
H:d\d\9955\9955LSA02.doc
3D Visions. 3667 Buchonan St.; Ste 200. San Frandsco, CA 94123-170B. (475) 409-9610' (415) 409-9612 (faX) 'wWW.3dvisions./o
...
Primary #
HRI#
Slate of California - The Resources Agency
OEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Trinomial
NHRP Status Code
Other Listings
Review Code
Reviewer
Date
Page 1 of 2
'Resource Name or # 001
P1. Other Identifier:
P2. Location: a. County: Marin
b. USGS 7.5' Quad San Francisco North Date Rev. 1973 T ; R 1/4 of 1/4 of See
c. Address 15-17 Main Street City T1bmon, CA
d. UTM (Give more than one for large and/or linear feature) Zone, m1E
e. Other Locational Data: (e.g. parcel #, legal description, directions to resource, elevation, additional UTMs, etc. as appropriate)
B.M.
Zip 94920
mN
.P3a. Description: (Describe resource and its major ~ents. Include design, materials, condition, alterations, size, setting, and boundaries.)
The style of this building Is False-front retail. The gable Is bidden behind the false front, wbich masks the
true height of the structure. The building Is divided horizontally Into two parts: the first floor with a
storefront that projects to the sidewalk. The footprint of the building appears as the T1bmon Boat House In
the 1891 Sanborn map, with notes that the structure was on pilings. The second floor has cornice
projections representative of the late Victorian era. The windows on the front of the second story are
divided, multi-pane windows similar toth08e found on 20 Main Street (Harbor Ught).
.P3b. Resource Attributes: (List attributes and codes)
.P4. Resources Present:
.P11. Report Citation: (Cite survey report/other sources or ~none~)
. Attachments:
P5b. Description of Photo: (View, date, etc.)
.P6. Date Constructed {Age and Sources:
Year Buitt: 1886
Modified In:
Belvedere-T1bmon Landmark
Society
LMS Archives, Sanborn Maps,
Sausallto News
'P7. OWner and Address:
Edwin and Nancy Purdy
.PB. Recorded by: (Name,affiliation, address)
Kathryn Gillespie, 3D Visions
San Francisco
.P9. Date Recorded: 2000
.P10. Survey Type: (Describe)
Reid Surveys 1998 - 2000
Research by Heritage and Arts
Commission, 1999 - 2000.
Slate of California - The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
BUILDING, STRUCTURE, AND OBJECT RECORD
Page 2 of2
.Resource Name or # 001
81. Historic Name:
B2 C<lmmon Name: Boathouse first, 1930s140s Berry's Ice
B3. Original Use: Cream Parlor It TIburon Pet Salon
'B5. Arch~ectural Style: False Front Retail
.B6. Construction History: (Construction date, alterations, and date of alterations.)
This Is tbe oldest building along tbe water side of Main Street along tbe San Francisco Bay. The McNeil Building
has been a saloon and pool hall and had offered boat leasing In earlier years. It has been continually remodelled
echoing Its past. This buidlng bad originally been moved from the Petaluma Creek (slongh) from the old town of
Donahue. The orignal owner was Cbarles H. McNeill (1920 census).
84. Present Use: Retail Business; Purdy residence
upstairs.
*87. Moved? Yes
'B8. Related Features:
Date: Prior to 1891
Original Location: Petaluma Creek (town of Donahue)
B9a. ArcMect: b. Builder:
"'810. Significance: Theme Area
Period of Significance Property Type Applicable Criteria
(Discuss importance in terms of historical context as defined by theme, period, and geographic scope. Also address integrity.)
This structure Is tbe McNeil Building, built In 1886. A compass rose bas been painted on Its front. This was
probably tbe TIburon Boat House since early pictures of tbls building show a sign covering approximately 1/4 of
building's left side, indicating the presense of a boathouse. This building was also known as tbe "Pioneer Boat
House" as well. Apparendy, from Its sign it was known as tbe "TIburon Boat House." Above the saloon were
living quarters as well. It is estimated that tbis building has been remodeled several times over the course of the
twentietb century.
Milt McDonough moved his business down from Donahue, CA to TIburon when Peter Donahue (founder of tbe
S.F. It N.P. Railroad) developed tbe town of TIburon. McDonough started a boat rental and fishing business in
TIburon.
B 11. AdditonaJ Resource Attributres: (Ust attributes and codes)
*812. References:
,..T1buron
Sanborn maps 1891, 1900, 1911, 1928
813. Remarks:
[1680
".,
*814: Evaluator:
Date of Evaluation:
GB
(This space reserved for official comments.)
State 01 California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Primary #
HRI#
Trinomial
NHRP status Code
Other Listings
Review Code
Reviewer
Date
Page 1 of2
.Resource Name or # 002
P1. Other Identifier:
P2. Location: a. County: Marin
b. USGS 7.5' Quad San Francisco North Date Rev. 1973 T ; R , 1/401 1/40fSeo
c. Address 16 Main Street City TIburon, CA
d. UTM (Give more than one for large and/or linear feature) Zone mlE
e. Other Locational Data: (e.g. parcel #, legal description, directions to resource, elevation, additional UTMs, etc. as appropriate)
B.M.
Zip 94920
mN
*P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.)
A modlfted ltalianate structure, characterized by Ita wood frame, horizontal siding, the wide decorative
brackets and pronounced window and door moldings.
*P3b. Resource Attributes: (List attributes and codes)
*P4. Resources Present
P5b. Description of Photo: (View, date, etc.)
From Main St., 2000
lOP6. Date Constructed IAge and Sources:
Year Bum: After 1928
Modified In:
Belvedere-TIburon Landmark
Society
Sanborn Maps 1928, Victoria
Arnett, Edward Zelinsky.
"P7. OWner and Address:
Della Santlna TIb. Bldg Partners
.P11. Report Citation: (Cite survey report/other sources or "none")
'P8. Recorded by: (Name,affiliation, address)
Kathryn GlIIesple, 3D Visions
San Francisco
'P9. Date Recorded: 2000
'P10. Survey Type: (Describe)
Field Surveys 1998 - 2000
Research by Heritage and Arts
Commission, 1999 - 2000.
"Attachments:
State of California - The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
BUILDING, STRUCTURE, AND OBJECT RECORD
Page 2 of 2
"Resource Name or # 002
B1. Historic Name:
82 Common Name:
B3. Original Use: Hotel and Saloon 84. Present Use: Retail dress shop
.B5. ArcMectural style: IlaIlanatR
*86. Construction History: (Construction date, alterations, and date of alterations.)
In all lIkelihood, the original building burned down during the fire of 1921, since the Sanborn Maps did not show
this structure In 1928. As early as 1891, the original building on this site contained a grocery store and a saloon.
"B7. Moved? Yes
*B8. Related Features:
Date:
Original Location: Donahue, CA
B9a. ArcMect: b. Builder:
*810. Significance: Theme Area
Period of Significance Property Type Applicable Criteria
(Discuss importance in terms of historical context as defined by theme, period, and geographic scope. Also address integrity.)
A 1921 fire from an illegal distillery at the TImecard Saloon leveled most of the buildings on lower Main
Street. Fred Zelinsky remodeled most of this block (including present structure) In the 1950& and 1960& and
acquired most of the north side of Main Street from Thorne Kashow, a descendent of Israel Kashow, a well-
known resident of Belvedere Island during the Nineteenth century.
Prior to the 1921 fire, part of the original structure was the Sonoma House Hotel, an 1870's structure barged
from Donahue, CA along the Petaluma Creek.
B 11. Add~onal Resource Attributres: (List attributes and codes)
*812. References:
~
B13. Remarks:
*814: Evaluator:
Date of Evaluation:
SB
(This space reserved for official comments.)
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Prima'Y #
HRI#
Trinomial
NHRP Status Code
Other Listings
Review Code
Reviewer
Date
Page 1 of 2
.Resource Name or # 003
P1. Other Identifier: Harbor Light
P2. Location: a. County: Marin
b. USGS 7.5' Quad San Francisco North Date Rev. 1973 T ; R 1/4 of 1/4 of See
c. Address 20 Main Street City TIburon, CA
d. UTM (Give more than one for large and/or linear feature) Zone m/E
e. other Locational Data: (e.g. parcel #, legal description, directions to resource, elevation, additional UTMs, etc. as appropriate)
8.M.
Zip 94920
mN
*P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.)
An example of the False-front retall style. ThIs building was probably constructed after the big fire In 1921,
when the Art Deco style began to gain popularity. The stucco exterior Is more common In the Art Deco
style. The false front extends above the second floor. Several wlndoWll were replaced with a large, single
wood-casing pane.
'P3b. Resource Attributes: (Us! attributes and codes)
.P4. Resources Present:
P5b. Description of Photo: (View, date, etc.)
From Main St., 2000
.P6. Date Constructed IAge and Sources:
Year 8um: After 1921
Modified In:
Belvedere-TIburon Landmark
Society
Edward Zelinsky ,. Marty Gordon
*P7. Owner and Address:
Edward and Laleh Zelinsky
.P11. Report Citation: (Cite survey report'other sources or -none-)
'P8. Recorded by: (Name,affiliation, address)
Kathryn GnIesple, 3D Visions
San francisco
'P9. Date Recorded: 2000
'Pl0. Survey Type: (Describe)
Reid Surveys 1998 - 2000
Research by Heritage and Arts
Commission, 1999 - 2000.
. Attachments:
Slate of California - The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
BUILDING, STRUCTURE, AND OBJECT RECORD
Page 2 of 2
.Resource Name or # 003
B1. Historic Name: #20 Harbor Light Building
B2 Common Name: Harbor Light
B3. Original Use: Bar B4. Present Use: Rug Gallery - Business
.B5. Architectural style: False Front Retail
*86. Construction History: (Construction date, alterations, and date of alterations.)
Until 1993, the Harbor Light Building was a bar as far back as residents can remember. The original building
burned down In the 1921 fire, and there was a succession of bars at this site since after 1921 untl 1993.
*87. Moved?
*88. Related Features:
Date:
Original Location:
B9a. Architect: b. Builder:
*810. Significance: Theme Area
Period of Significance Property Type Applicable Criteria
(Discuss importance in terms of historical context as defined by theme, period. and geographic scope. Also address integrity.)
The Harbor Light Building, currently a white stucco modern 1930.. structure, was some type of bar or saloon
from the late 1800.. to 1993. Despite Prohibition, which lasted from 1917 to 1932, the ban on alcohol did
not faze TIburon residents. Saloons served the codfish, coal mining and yachting industries. During this
time, the law allowed Italians to produce up to 200 gallons of wine per year as part of their cultural
heritage. Other illegal spirits were brought Into a "garage" for power boats In the back of the Harbor Light
building from the lagoon side. "Rum runners" could then drive Into the garage and remain hidden.
811. Additonal Resource Attributres: (Ust attributes and codes)
*812. References:
[1680 J
1891,1900, and 1911 Sanborn maps show the address
as 31 Main Street and was used as a saloon,
restaurant and billiard hall.
813. Remarks:
'"'"
*814: Evaluator:
Date of Evaluation:
(This space reserved for official comments.)
0El
Primary #
HRI#
State 01 California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Trinomial
NHRP Status Code
Other Listings
Review Code
Reviewer
Date
Page 1 of2
.Resource Name or # 004
Pl. Other Identifier
P2. Location: a. County: Marin
b. USGS 7.5' Quad San Franclsco North Oate Rev. 1973 T ; R , 1/401 114 01 Sec
c. Address 21A Main Street (on Pier) City TIburon. CA
d. UTM (Give more than one for large and/or linear feature) Zone m/E
e_ Other Locational Data: (e.g. parcel #, legal description, directions to resource, elevation, additional UTMs, etc. as appropriate)
B.M.
Zip 94920
mN
.P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.)
This ark is of the Folk Victorian style with its horizontal siding and simple trim. It appears to have been
moved onto another site after the 1921 fire.
.P3b. Resource Attributes: (List attributes and codes)
.P4. Resources Present:
.P11. Report Citation: (Cite survey report/other sources or "none~)
* Attachments:
P5b. Description of Photo: (View, date, etc.)
From Main St., 2000
*P6. Date Constructed IAge and Sources:
Year Bum: 1880
Modified In:
Belvedere-TIburon Landmark
Society
Milt McDonough and Victoria
Arnett
.P7. Owner and Address:
Milt McDonough
.pe. Recorded by: (Name,affiliation, address)
Kathryn GlIIespie. 3D Visions
San Francisco
.P9. Date Recorded: 2000
.P10. Survey Type: (Describe)
Field Surveys 1998 - 2000
Research by Heritage and Arts
Commission, 1999 - 2000.
State of California - The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
BUILDING, STRUCTURE, AND OBJECT RECORD
Page 2 of2
'"Resource Name or # 004
81. Historic Name:
82 Common Name:
83. Original Use: Ark/nsldences B4. Present Use: Medical OffIces.
.B5. Archnectural Style: Folk Victorian (Vernacular)
*66. Construction History: (Construction date, alterations, and date of alterations.)
ThIs building first appears on the 1928 Sanborn map.
oB7. Moved?
oB8. Related Features:
Date:
Original Location:
B9a. ArcMect: b. Builder:
*810. Significance: Theme Area
Period of Significance Property Type
(Discuss importance in terms of historical context as defined by theme, period, and geographic scope.
Applicable Criteria
A~addre$Sintegmy.)
Sam McDonougho one of the original settlers of the nburon Peninsula, came from the town of Donahueo CA
(which no longer exists) to build a new town when raUroad was being built. McDonough moved to the nburon
Peninsula In February 1884 to start a boat leasing 8< fishing business. ThIs structure had a supporting role for
the Santa Fe 8< Northern Pacific RaUroad.
Bl1. Addnonal Resource Attributres: (List attributes and codes)
*812. References"
; ....>;5'(:,f;f~1#J~i:~~~ren:,~~~,'~:;
Sbown as #51a on the 1928 Sanborn Map, used as a
boat house.
813. Remarks:
11680 J
"
*814: Evaluator:
Date of Evaluation:
(This space reserved for official comments.)
GEl
I State of CalifOrni~ - The Resources Agency
OEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Primary #
HRI#
Trinomial
NHRP status Code
Other Listings
Review Code
Reviewer
Date
Page 1 of 2
.Resource Name or # 005
P1. other Identifier"
P2. Location: a. County: Marin
b. USGS 7.5' Quad San Francisco North Date Rev. 1973 T ; R , 1/4 of 1/4 of Sec
c. Address 26 Main Street City nbmon, CA
d, UTM (Give more than one for large and/or linear feature) Zone, mlE
e. Other Locationsl Data: (e.g. parcel #, legal description, directions to resource, elevation, additional UTMs, etc. as appropriate)
B.M.
Zip 94920
mN
*P3a. Description: (Describe resource and its major elements. Include design, materiats, condition, alterations, size, setting, and boundaries.)
This utUltarian building Is less elaborate In style then the Victorian buildings It seeks to emulate. The front
gable roof and horizontal siding are typical of the style. The trim occurring on the eaves and next to the
window and door openings follows the Victorian tradition, but Is less ornate In style. The original doors and
windows were probably a double-hung style.
*P3b. Resource Attributes: (List attributes and codes)
*P4. Resources Present:
P5b. Description of Photo: (View, date, etc.)
From Main St., 2000
.P6. Date Constructed IAge and Sources:
Year BuiR: 1912
Modified In:
Belvedere-TIbmon Landmark
Society
31 Main on 1891,1900 and 1911
14 Main In 1928
.P7. OWner and Address:
Edward and Laleh Zelinsky
.P11. Report Citation: (Cite survey report/other sources or -none")
.P8. Recorded by: (Name,affiliation, address)
Kathryn GUlesple, 3D Visions
San Francisco
.P9. Date Recorded: 2000
'Pl0. Survey Type: (Describe)
Field Surveys 1998 - 2000
Research by Heritage and Arts
Commission. 1999.2000.
.Attachments:
-.
Slate of CalWornia - The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
BUILDING, STRUCTURE, AND OBJECT RECORD
Page 2 of 2
"'Resource Name or # 005
B 1. Historic Name:
82 Common Name:
B3. Original Use: Probably a bar, saloon, .....taurant 1928 B4. Present Use: Mark Reuben Gallery
.B5. Archrtectural SlyIe: Folk Victorian (Vernacular)
'B6. Construction History: (Construction date, atteratlons, and date of atteratlons.)
This structure was damaged by the 1921 fire, yet survived. Only parts of the original structure were lost.
'B7. Moved?
'B8. Related Features:
Date:
Original Location:
B9a. Archrtect: b. Builder:
*810. Significance: Theme Area
Period of Significance Property Type Applicable Criteria
(Discuss importance In terms of historical context as defined by theme, period, and geographic scope. Also address integrity.)
As mentioned above, this building was damaged In the 1921 fire. When the building was resided In 1990,
charred structural boards were uncovered.
B 11. Additonal Resource Attributres: (List attributes and codes)
*812. References:
[1680 J
813. Remarks:
*814: Evaluator:
Date of Evaluation:
GEl
(This space reserved for offICial comments.)
Primary #
HRI#
State of Cal~ornia - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Trinomial
NHRP Status Code
Other listings
Review Code
Reviewer
Date
Page 1 of 2
'Resource Name or # 006
Pl. Other Identifier: Sam's Cafe
P2. Location: a. County: Marin
b. USGS 7.5' Quad San Francisco North Date Rev. 1973 T ; R , 1/4 of 114 of Sea
c. Address 27 Main Street City TIburon, CA
d. UTM (Give more than one for large and/or linear feature) Zone m1E
e. Other Locational Data: (e.g. parcel #, legal description, directions to resource, elevation, additional UTMs, etc. as appropriate)
B.M.
Zip 94920
mN
.P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.)
This is the only example of the Art Deco (Modeme) style on Main Street. It was the first popular style to
diverge from the more traditional Beaux-Arts and period revival styles In the United States. This building
has a hard edge punctuated with applied pilasters for vertical emphasis. A smooth stucco finish In between
the vertical elements gives the building a symmetrlcallook.
'P3b. Resource Attributes: (List attributes and codes)
.P4. Resources Present:
'Pl 1. Report Citation: (C~e survey report/other sources or .none.)
. Attachments:
P5b. Description of Photo: (VIeW, date, etc.)
From Main St., 2000
.P6. Date Constructed IAge and Sources:
Year BuiR: 1925
Modified In:
Belvedere-TIburon Landmark
Society
.P7. OWner and Address:
TIburon Investment Company
'PB. Reaorded by: (Name,affiliation, address)
Kathryn Gillespie, 3D Visions
San Francisco
.P9. Date Recorded: 2000
'Pl0. Survey Type: (Describe)
Field Surveys 1998 - 2000
Research by Heritage and Arts
Commission, 1999 - 2000.
State of Cal~ornia - The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
BUILDING, STRUCTURE, AND OBJECT RECORD
Page 2 of 2
>Resource Name or # 006
81. Historic Name:
B2 Common Name: Sam's Anchor Cafe
B3. Original Use: Bar B4. Present Use: Cafe
.B5. ArcMectural Style: Art Deco
>B6. Construction History: (Construction date, atterations, and date of atterations.)
This structure houses the oldest TIburon restaurant stUlln operation. TIburon resident Sam Vela from Malta
began selling bootleg whiskey out of a tent on TIburon Blvd and then built this building In 1925 as a saloon. It Is
currently Sam's Anchor Cafe.
*87. Moved?
>B8. Related Features:
Date:
Original Location:
B9a. Archttect: b. Builder:
*810. Significance: Theme Area
Period of Significance Property Type Appltca.ble Criteria
(Discuss importance in terms of historical context as defined by theme, period, and geographic scope. Also address integrity.)
The present-day cafe did not open until Henry and Hazel Hunt, who owned the only restaurant In TIburon at that
time, retired In the late 19208 (or early 19308, exact time unknown).
Sam Vela was heavily criticized for closing In the view of the bay with the construction of this building. However,
his saloon was an Instant success with local railroad workers. The saloon soon became a local legend by the
19308. A locker was recently discovered under this structure with access from the water beneath. Apparently,
this locker was a former garage -- a stop for bootleggers coming to Sam's by boat. Vela was routinely fined for
....lIlng liquor during the Prohibition years (1920-1933), yet quietly went about his business.
The structure's facade has been remodeled a few times In the Twentieth century. It contains 1930's style Art
Deco capitals and pilasters. Other buildings on the south side of the street were believed to have been built
shortly after Vela's, as lI1ustrated on the 1928 Sanborn map. When It was open beach, children came to the
beach after school and throughout the summer to swim. The water was very clear, and locals often saw small
leopard sharks.
811. Additonal Resource Attributres: (List attributes and codes)
*812. References:
Address 47-48 on 1928 Sanborn map.
____--1
T1buron Boulevard
813. Remarks:
[1680
"
*814: Evaluator:
Date of Evaluation:
GEl
(This space reselVed for official comments.)
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Primary #
HRI#
Trinomial
NHRP Slatus Code
other-listings
Review Code
Reviewer
Date
Page 1 of 2
.Resource Name or # 007
P1. Other Identifier:
P2. Location: a. County: Marin
b. USGS 7.5' Quad San Francisco North Date Rev. 1973 T ; R ; 1/4 of 1/4 of See
c. Address 30 Main Street City TIburon, CA
d. UTM (Give more than one for large andlor linear feature) Zone mlE
e. Other Locational Data: (e.g. parcel #, legal description, directions to resource, elevation, additional UTMs, etc. as appropriate)
B.M.
Zip 94920
mN
.P3a. Description: (Describe resource and its major elements. Include design, materiats, condition, alterations, size, setting, and boundaries.)
Symmetrical in plan, this flat roof building has had many changes that compete with its original character.
It stili maintains the window and door openings typical of this style building. The false brick front and the
flsh scale shingles appear to be later additions to the structure.
.P3b. Resource Attributes: (List attributes and codes)
*P4. Resources Present:
P5b. Description of Photo: (View, date, etc.)
From Main St., 2000
*P6. Date Constructed IAge and Sources:
Year Buitt: 1916
Modified In:
Belvedere-TIburon Landmark
Society
Zelinsky Archives, Sanborn
Maps 1928
.P7. OWner and Address:
Edward and Laleh Zelinsky
.P11. Report Citation: (Cite survey report/other sources or "noneft)
'PB. Recorded by: (Name,affiliation, address)
Kathryn GUlesple, 3D Visions
San Francisco
.P9. Date Recorded: 2000
.P10. Survey Type: (Describe)
Field Surveys 1998 - 2000
Research by Heritage and Arts
Commission, 1999 - 2000.
'Attachments:
Slate of California - The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
BUILDING, STRUCTURE, AND OBJECT RECORD
Page 2 of 2
*Resource Name or # 007
81. Historic Name:
B2 Common Name: General merchandise, saloon, po...lblya restaurant.
B3. Original Use: B4. Present Use: R.J. Sax (Oress shop)
.B5. ArcMectural Style: False Front Retail
'B6. Construction History: (Construction date, .nerations, and date of anerations.)
This structure survived the fire of 1921. It contains a false front of early style with embellIshment of jigsaw
styles by Zelinsky. Corinthian capitals are an upscale touch.
.B7. Moved? No
.B8. Related Features:
Date:
Original Location:
B9a. ArcMect: b. Builder:
*810. Significance: Theme Area
Period of Significance Property Type
(Discuss importance in terms of historical context as defined by theme, period, and geographic scope.
Applicable Criteria
Also address integrity.)
ThIs building was renovated after the 1921 fire. The front corinthian Iron columus are s1m1lar to many other
arks on Ark Row. The brick facade was added later. A 1955 photo shows all wood with stucco on the lower
portions of the building. Lamps were Installed In the late 1960..
Bl1. Addnonal Resource Allributres: (List attributes and codes)
*612. References:
11680 J
Buildings were on this site (32 Main) as early as 1900,
according to Sanborn maps. DurIng the 1920., this
was a restaurant.
813. Remarks:
*814: Evaluator:
Date of Evaluation:
GEl
(ThiS space reserved for official comments.)
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Primary #
HRI#
Trinomial
NHRP status Code
Other Listings
Rev;ew Code
Reviewer
Date
Page 1012
.Resource Name or # 008
Pl. Other Identifier:
P2. Location: a. County: MarIn
b. USGS 7.5' Quad San Francisco North Date Rev. 1973 T ; R , 1/401 1/4 of Sec
c. Address 31 Main Street City TIburon, CA
d. UTM (Give more than one for large and/or linear feature) Zone m/E
e. Other Locational Data: (e.g. parcel #, legal description, directions to resource, elevation, additional UTMs, etc. as appropriate)
B.M.
Zip 94920
mN
*P3a. Description: (Describe resource and its major eJements. Include design, materials, condition, alterations, size, setting, and boundaries.)
Spanisb (Mediterranean) Revival Style
The earliest Sanborn map to include this building was in 1928. The Spanish or Mediterranean Revival style
was popular in California and frequently used in churches, public buildings, residences and gas stations. Its
distinguishing characteristics include the low-pitch clay tile roof, stucco walls with plaster placards
flanking the second story windows, and the simple, functional cornice supporting the tile roof.
'P3b. Resource Attributes: (lis! attributes and codes)
*P4. Resources Present:
P5b. Description of Photo: (View, date, etc.)
From Main St., 2000
'P6. Date Constructed /Age and Sources:
Year Bum: 1928
Modified In:
Belvedere-TIburon Landmark
Society
Sanborn Maps 1928
*P7. Owner and Address:
Edward Zelinsky
'Pll. Report Citation: (C~e survey report/other sources or .none")
'P8. Recorded by: (Name,affiliation, address)
Kathryn Gillespie, 3D Visions
San Francisco
.pg. Date Recorded: 2000
'Pl0. Survey Type: (Describe)
Field Surveys 1998 - 2000
Research by Heritage and Arts
Commission, 1999 - 2000.
"Attachments:
State of California - The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
BUILDING, STRUCTURE, AND OBJECT RECORD
Page 2 of 2
.Resource Name or # 008
81. Historic Name:
82 Common Name:
B3. Original Use: Possibly a barbershop 1928 B4. Present Use: RetaU clothlng/bottom story business.
.B5. Archrtectural Style: Spanish Revival
*86. Construction History: (Construction date, atterations, and date of alterations.)
ThIs structure was most likely a barbershop when budt In 1928. It was repainted In 1955. ThIs structure bas a
simple 2-story flat &onto
.B7. Moved? No
.B8. Related Features:
Date:
Original Location:
B9a. Archrtect: b. Builder:
*810. Significance: Theme Area
Period of Significance Property Type Applicable Criteria
(Discuss importance in terms of historical context as defined by theme, period, and geographic scope. Also address integrity.)
ThIs budding was a beauty shop by the 19708. At one time the budding was located closer to the street but was
later renovated and moved back &om the street.
Bll. Addilonal Resource Attributres: (List attributes and codes)
*812. References:
. ,,,f\~::',
;:.,t'-;
813. Remarks:
[1680
"
*814: Evaluator:
Date of Evaluation:
GEl
(This space reserved for official comments.)
~
State of CalWornia - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Primary #
HRI#
Trinomial
NHRP Status Code
Other Listings
Review Code
Reviewer
Date
Page 1 of2
'Resource Name or # 009
Pl. Other Identifier:
P2. Location: a. County: Marin
b. USGS 7.5' Quad San Francisco North Date Rev. 1973 T ; R 1/4 of 1/4 of see
o. Address 32 Main Stntet City nbmon, CA
d. UTM (Give more than one for large and/or linear feature) Zone mlE
e. Other Locational Data: (e.g. parcel #, legal description, directions to resource, elevation, addttional UTMs, etc. as appropriate)
B.M.
Zip 94920
mN
"P3a. Description: (Describe resource and its major elements. Include design. materials, condition, alterations, size, setting, and boundaries.)
This Is an example of False Front Retail. The V1ctorla...Uke appointments Include decorative trim along the
top of the building and In the moldings around the windows and doors.
.P3b. Resource Attrtbutes: (List attributes and codes)
'P4. Resources Present:
P5b. Description of Photo: (View, date, etc.)
From Main St., 2000
*P6. Date Constructed IAge and Sources:
Year Buitt: 1921
Modified In: 1921
Belvedere-nbmon Landmark
Society
Marin Independent Journal,
Sept. 1955
.P7. OWner and Address:
Edward and Laleh Zelinsky
'Pl1. Report Citation: (Cite survey report/other sources or .none.)
.P8. Recorded by: (Name,affillation, address)
Kathryn Gillespie, 3D Visions
San Francisco
'P9. Date Recorded: 2000
'P10. Survey Type: (Describe)
Field Surveys 1998 - 2000
Research by Heritage and Arts
Commission, 1999. 2000.
"Attachments:
state of Cal~ornia - The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
BUILDING, STRUCTURE, AND OBJECT RECORD
Page 2 of 2
.Resource Name or # 009
B1. Historic Name: Anderson Meat Market
82 Common Name:
B3. Original Use: Meat Market 84. Present Use: Retail business. Junellas Gift Shop.
'B5. Arch~ectural Slyte: False Front Retail
.86. Construction History: (Construction date, atterations, and date of atterations.)
This building was the first butcher shop in TIburon, owned by Victor Beyrles In 1890. It burned in a fire In 1891
and was rebuilt shortly after. It was sold to H.D. Anderson in 1898. Anderson Meat Market was rebuilt in 1921
shortly after the fire. There existed a co_red walkway and a grI1lin front that mark where the walkway was once
attached. This was one of the first structures built immediately after the fire.
*87. Moved?
'B8. Related Features:
Date:
Original Location:
B9a. ArcMect: b. Builder:
*810. Significance: Theme Area
Period of Significance Property Type
(Discuss importance in terms of historical context as defined by theme, period, and geographic scope.
Applicable Criteria
Also address integrity.)
Beyrles's butcher shop, constructed in 1890, was the first of Its kind in TIburon, and burned during a fire in
1891. The butcher shop was purchased by New Yorker RD. Anderson in 1898 and became the Anderson Meat
Market. During that time, It was said by locals that Anderson had regularly t1uown scraps of meat into the
nearby lagoon, hence, Downtown TIburon was characterized by a smell.
During later renovations, charred floorboards were discovered by Edward Zelinsky, Indicating that parts of the
original structure had survived the fire of 1921.
Bl1. Additonal Resource Attributres: (List attributes and codes)
*B 12. References:
~:c"'i.~."''''1.i,j~'~'~-:f
813. Remarks:r
[ 1680 J
*814: Evaluator:
Date of Evaluation:
GEl
(This space reserved for official comments.)
-
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Primary #
HRI#
Trinomial
NHRP status Code
Other Listings
Review Code
Reviewer
Date
Page 1 of2
-Resource Name or # 010
P1. Other Identifier:
P2. location:
b. USGS 7.5' Quad San Francisco North Date Rev. 1973
c. Address 34 Main Street
a. County: Marin
T ; R . 1/4 of
City TIburon, CA
1/4 of See
B.M.
Zip 94920
mN
d. UTM (Give more than one for large and/or linear feature) Zone m1E
e. Other Locational Data: (e.g. parcel #, legal description, directions to resource, elevation, additional UTMs, etc. as appropriate)
.P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size. setting, and boundaries.)
The False Front here hides a gable roof. The &ont elevation is symmetrical, with traditional style double-
hung windows. Portions of the decorative trim are said to be &om Jack London's home in Sonoma.
(List attributes and codes)
P5b. Description of Photo: (View, date, etc.)
From Main St., 2000
.P6. Date Constructed IAge and Sources:
Year Bui~: 1921
Modified In: 1921
Belvedere-TIburon Landmark
Society
.P7. Owner and Address:
Edward and Laleh Zelinsky
.P11. Report Citation: (Cite survey report/other sources or "nonen)
*P8. Recorded by: (Name,affiliation, address)
Kathryn Gillespie, 3D Visions
San Francisco
'P9. Date Recorded: 2000
'P10. Survey Type: (Describe)
Field Surveys 1998 - 2000
Research by Heritage and Arts
Commission. 1999 - 2000.
. Attachments:
-_._.,~.,~
state of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
BUILDING, STRUCTURE, AND OBJECT RECORD
Primary #
HRI#
Page 2 of 2
*Resource Name or # 010
B 1. Historic Name: Beyries General Store and Hotel
82 Common Name:
B3. Original Use: Merchandise & Grocery. Hotel B4. Present Use:
.B5. Arch~ectural Style: False Front Retail
*86. Construction History: (Construction date, alterations, and date of alterations.)
This was an original two-story structure with a grocery store on the first floor and a hotel on the second. Victor
Beyries was the original owner. The upstairs was saved frolD the fire of 1921, and wood railings on outside
facade were replaced with pieces of Jack London s Sonoma home.
The store was once painted bright pink.
Han Syi Gallery, artists studio: real
estate upstairs.
.B7. Moved?
'B8. Related Features:
Date:
Original Location:
B9a. Archrtect: b. Builder:
*810. Significance: Theme Area
Period of SignifICance Property Type Applicable Criteria
(Discuss importance in terms of historical context as defined by theme, period, and geographic scope. Also address integrtty.)
Parts of author Jack London's Sonoma home were used to rebuild the hotel after the 1921 fire. The upstairs hotel
was believed to have once been a bordello. The food market was operated until 1955.
811. Additonal Resource Attributres: (List attributes and codes)
*812. References:
(This space reserved for official comments.)
. T1buron
813. Remarks:
1680
.814: Evaluator:
Date of Evaluation:
GEl
.
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Primary #
HRI#
Trinomial
NHRP Status Code
Other Listings
Review Code
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Date
Page 1 of 2
*Resource Nameor# 011
Pl. Other Identifier:
P2. Location: a. County: Marin
b. USGS 7.5' Quad San Francisco North Date Rev. 1973 T ; R , 1/4 of 1/4 of Sec
c. Address 35 Main Street City Tiburon. CA
d. UTM (Give more than one for large and/or linear feature) Zone mJE
e. Other Locational Data: (e.g. parcel #, legal description, directions to resource, elevation, additional UTMs, etc. as appropriate)
B.M.
Zip 94920
mN
.P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.)
This Victorian Style building bas bad a consistent appearance since the 1955 painting of the downtown.
Victorian embellishments Include the balastrade and the window moldings. The projecting bay on this
building Is typical of the Victorian style.
.P3b. Resource Attributes: (List attributes and codes)
.P4. Resources Present:
P5b. Description of Photo: (View, date, etc.)
From Main St., 2000
.P6. Date Constructed IAge and Sources:
Year Bui~: 1925
Modified In: 1955
Belvedere-Tiburon Landmark
Society
*P11. Report Citation: (Cite survey report/other sources or "none~)
Victoria Arnett and Petalwna
Weekly, 1884
.P7. OWner and Address:
Edward Zelinsky &: Barbara
Abrams
.P8. Recorded by: (Name,affiliation, address)
Kathryn GUlesple, 3D Visions
San Francisco
'P9. Date Recorded: 2000
.P10. Survey Type: (Describe)
Field Surveys 1998 - 2000
Research by Heritage and Arts
Commission, 1999 - 2000.
. Attachments:
State of California - The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
BUILDING, STRUCTURE, AND OBJECT RECORD
Page 2 of 2
'Resource Name or # 011
B1. Historic Name: Sweden House
82 Common Name:
B3. Original Use: Saloon, possibly a bookstore B4. Present Use: Restaurant, bakery - Business
.B5. Archrtectural Style: Victorian
.B6. Construction HislOf)': (Construction date, afterations, and date of afterations.)
The Sweden House was originally built as a saloon. Its blue and gold colors are emblematic of the Swedish flag.
The building bad varied uses from the 1920. to the 1970..
.B7. Moved?
'B8. Related Features:
Date:
Original Location:
89a. Architect b. Builder:
*81 Q. Significance: Theme Area
Period of Significance Property Type Applicable Crfteria
(Discuss importance in tenns of historical context as defined by theme, period, and geographic scope. Also address integrity.)
The Sweden House was once a saloon with direct access to the Bay for receiving illegal spirits during Prohibition
(1920-1933). The structure bad been laden with concrete sidewalls to safeguard the illegal operation. The beach
was openly accessed untn 1925. Earlier structures on this site Include a saloon and a boarding house.
811. Additonal Resource Attributres: (List attributes and codes)
-812. References:
T1bura" Boulevard ",
813. Remarks:
[ 1680
ua
*814: Evaluator:
Date of Evaluation:
r- O;.._~,.-~,
L
GEl
~
State of Cal~ornla - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Primary #
HRI#
Trinomial
NHRP Status Code
Other Listings
Review Code
Reviewer
Date
Page 1 of 2
.Resource Namecr# 012
Pl. Other Identifier:
P2. Location: a. County: Marin
b. USGS 7.5' Quad San Francisco North Date Rev. 1973 T ; R 1/4 of 1/4 of Sec
c. Address 38 Main Street City Uburon, CA
d. UTM (Give more than one for large andlor linear feature) Zone m1E
e. Other Locational Data: (e.g. parcel #, legal description, directions to resource, elevation, addttional UTMs, etc. as appropriate)
B.M.
Zip 94920
mN
.P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.)
This one-story False Front Retail building shows two sides, the front Is simUar to others on the block, in Its
horizontal siding and symmetrical top of the fa<;ade. The pronounced moldings on the doors and windows
are typical of others on this street.
*P3b. Resource Attributes: (List attributes and codes)
*P4. Resources Present
P5b. Description of Photo: (View, date, etc.)
From Main St., 2000
.P6. Date Constructed IAge and Sources:
Vear Bum: 1900
Modified In:
Belvedere-TIburon Landmark
Society
.P7. Owner and Address:
Edward and Laleh Zelinsky
'Pl1. Report Citation: (Cite survey report/other sources or -none.)
*P8. Recorded by: (Name,affiliation, address)
Kathryn Gillespie, 3D Visions
San Francisco
'P9. Date Recorded: 2000
.P10. Survey Type: (Describe)
Field Surveys 1998 - 2000
Research by Heritage and Arts
Commission, 1999 - 2000.
* Attachments:
State of California - The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
BUILDING, STRUCTURE, AND OBJECT RECORD
Page 2 of 2
*Resource Name or # 012
B1, Historic Name:
B2 Common Name:
B3. Original Use: Barber Shop (photo file - 1940's).
'B5. Architectural style: False Front RetaU
*B6. Construction History: (Construction date, alterations, and date of atterations.)
B4. Present Use: Rooney's Cafe & Grill, prior Kappie's
Coffee House 1970..
Mr. Benson owned this buUdlng In the 1920's. It had partially survived the fire of 1921. There was a garage to the
left of its facade that was dismanded In 1957. The structure has a flat front to the street, indicative of 1920.
style architecture. The building tilts to one side.
'B7. Moved?
'B8. Related Features:
Date:
Original Location:
B9a. Arch.eet: b. Builder:
*610. Significance: Theme Area
Period of Significance Property Type Applicable Criteria
(Discuss importance in terms of historical context as defined by theme, period, and geographic scope. Also address integrity.)
Prior to Rooney's Cafe and Grill, the building was occupied by Kappie's Coffee House. It has been reported by
Edward Zelinsky that the building was actually moved from further north in either Marin or Sonoma Counties. It
is believed that this building was once home to a barber shop that was frequented by railroad workers.
611. Additonal Resource Attributres: (List attributes and codes)
*612. References:
(This space reserved for official comments.)
[1680
613. Remarks:
*814: Evaluator:
Date of Evaluation'
GEl
L __
..
.Slate of Cal~ornia - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Primary #
HRI#
Trinomial
NHRP Status Code
Other listings
Review Code
Reviewer
Date
Page 1012
.Resource Name or # 013
Pl. other Identifier:
P2. Location: a. County: Marin
b. USGS 7.5' Quad San Francisco North Date Rev. 1973 T ; R , 1/401 1/401 Sec
c. Address 55 Main Street City llburon, CA
d. UTM (Give more than one for large and/or linear feature) Zone mlE
e. other Locational Data: (e.g. parcel #, legal description, directions to resource, elevation, additional UTMs, etc. as appropriate)
B.M.
ZIp 94920
mN
*P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, siZe, setting, and boundaries.)
Constructed after the fire of 1921, this Georgian or Colonial Revival style is characterized by a formal
arrangement of parts employing symmetrical composition enriched with classical detaUing. Typical features
include double hung windows with multiple panes, lintel type window heads, louvered window shutters, and
decorative pediment over the front wood paneled door. Exterior materials include red brick walls with a
wood decorative cornice and fluted pilasters supporting a classical ornamented architrave.
.P3b. Resource Attributes: (list attributes and codes)
.P4. Resources Present
P5b. Description of Photo: (View, date, etc.)
From Main St., 2000
*P6. Date Constructed IAge and Sources:
Year Buitt: 1925
Modified In: 1925
Belvedere-Tiburon Landmark
Society
Petaluma Weekly, 1925 and
Victoria Arnett
*P7. Owner and Address:
Fred Potts
*P11. Report Citation: (Cite survey report/other sources or "none-)
'P8. Recorded by: (Name,affiliation, address)
Kathryn Gillespie, 3D Visions
San Francisco
.P9. Date Recorded: 2000
.P10. Survey Type: (Describe)
Field Surveys 1998 - 2000
Research by Heritage and Arts
Commission, 1999 - 2000.
* Attachments:
State of California - The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
BUILDING, STRUCTURE, AND OBJECT RECORD
Page 2 of 2
"'Resource Nameor# 013
B1. Histone Name: Bank Building
82 Common Name:
B3. Onginal Use: Branch of Bank of Sausalito B4. Present Use: Merchant groups office.
'B5. Arehrtectural Style: Georgian Revival
*86. Construction History: (Construction date, alterations, and date of alterations.)
The Bank Building was built in 1925 in a brick, Federal style. It contains paired pilasters and a padimented
doorway. Cornerstone architecture has been utilized to announce its solid look.
*87. Moved?
*88. Related Features:
Date:
Original Location:
B9a. Arch~ect: b. Builder:
*810. Significance: Theme Area
Period of Significance Property Type
(Discuss importance in terms of historical context as defined by theme, period, and geographic scope.
Applicabk! Criteria
Also address integrity.)
Built in 1925, 55 Main was first used as a branch of the Bank of Sausalito, which closed in 1935 and was later
converted to a real estate office and barber shop. Sam Vela's original home (#49) was adjacent to the Bank
building, into which he would deposit liquor in the bank vault for his neighboring bar.
The northwest side of the building was a public library (Ref: George May) prior to 1950 when it became the
TIburon Barber Shop in 1950 (Main St. file). About this time, this section became the office of Real Estate
Manager George Scheigher.
B 11. Additonal Resource Attributres: (List attributes and codes)
*812. References:
EJB
813. Remarks:
*814: Evaluator:
Date of Evaluation:
(This space reserved for official comments.)
~
State of Cal~ornia - The Resources Agency
DEPARTMENT OF PARKS ANO RECREATION
PRIMARY RECORD
Primary #
HRI#
Trinomial
NHRP Status Code
Other listings
Review Code
Reviewer
Date
Page 1 of 2
'Resource Name or # 014
Pl. Other Identifier:
P2. Location: a. County: Marin
b. USGS 7.5' Quad San Francisco North Date Rev. 1973 T ; R , 1/4 of 1/4 of Sec
c. Address 72 Main Street City TIburon. CA
d. UTM (Give more than one for large andlor linear feature) Zone mlE
e. Other Locational Data: (e.g. parcel #, legal description, directions to resource, elevation, additional UTMs, etc. as appropriate)
B.M.
Zip 94920
mN
.P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.)
One of two examples of the Italianate style on Main Street and Ark Row. It is a wood frame structure with
horizontal siding, with decorative brackets supporting the cornices. It features paired double-hung windows on
the upper story framed with hood moldings. The elevation adjacent to the parking lot features an exterior spiral
staircase, a later addition.
'P3b. Resource Attributes: (list attributes and codes)
.P4. Resources Present
P5b. Description of Photo; (View, date, etc.)
From Main St., 2000
*P6. Date Constructed IAge and Sources:
Year BuiR: 1918
Modified In: 1918
Belvedere-TIburon Landmark
Society
Walking Guide, Photo fUe.
.P11. Report Citation: (Cite survey report/other sources or "none")
*P7. Owner and Address:
Edward and Laleh Zelinsky,
Barbara Abrams
*P8. Recorded by: (Name,affiliation, address)
Kathryn Gillespie, 3D Visions
San Francisco
.P9. Date Recorded: 2000
.Pl0. Survey Type: (Describe)
Reid Surveys 1998 - 2000
Research by Heritage and Arts
Commission, 1999 - 2000.
* Attachments:
State of California - The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
BUILDING, STRUCTURE, AND OBJECT RECORD
Page 2 of 2
*Resource Name or# 014
B1. Historic Name: Fleming Rooming House
82 Common Name:
B3. Original Use: Rooming (Boarding) House
*85. Architectural styte: Italianate
*86. Construction History: (Construction date, alterations, and date of alterations.)
B4. Present Use: Vintners, Tiburon Winery. Wmery tasting
for Windsor Wines
The Fleming Rooming House was originally constructed in 1889 and rebuilt in 1918. A spiral staircase was
added outside the building in 1956. The "gingerbread" lrim was added along with the spiral staircase. Part of the
house was built upon pilings over the lagoon. When the lagoon was ruled in 1929, the house was raised and a
basement was placed underneath.
*87. Moved?
*88. Related Features:
Date:
Original Location:
B9a. Arch~ect: b. Builder:
*810. Significance: Theme Area
Period of Significance Property Type Applicable Criteria
(Discuss importance in terms of historical context as defined by theme, period, and geographic scope. Also address integrity.)
The Fleming House was originally constructed as a rooming house for men who worked for the San Francisco/
Northern Pacific Railroad. its original owner. Margaret A. Fleming, was a single mother of two children who
frequently checked railroad workers "for their good character." Many of these boarders were ethnic Irishmen who
tended to be private watchmen or worked in the coal stations. The building contained three apartments
downstairs and six upstairs for boarders. The Fleming family lived on the ground floor. All men staying within
the house took their meals elsewhere in Tiburon.
811. Additonal Resource Attributres: (List attributes and codes)
*812. References:
813. Remarks:
G;]I
163aB
~
l1680 J
n
.B14: Evaluator:
Date of Evaluation:
116061
I
r~ "';;;...-~-,..-:
,
I
I
"-
Primary #
HRI#
Slate 01 Cal~ornia - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Trinomial
NHRP Status Code
Other Listings
Review Code
Reviewer
Date
Page 1 of 2
-Resource Name or # 015
Pl. Other Identifier:
P2. Location: a. County: Marin
b. USGS7.S'Quad San Francisco North Dale Rev. 1973 T ; R 1/401 1/4 01 Sec
c. Address 104 Main Street City TIburon, CA
d. UTM (Give more than one for large and/or linear feature) Zone, m1E
e. Other Locational Data: (e.g. parcel #, legal description, directions to resource, elevation, additional UTMs, etc. as appropriate)
B.M.
Zip 94920
mN
.P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.)
This is another example of Folk Victorian (Vernacular). It Is a simple two story house. The window and door
trim mimics that on Victorians. This building may have been moved or turned on Its sits. It was renovated
by Fred and Edward Zelinsky In the 19608.
.P3b. Resource Attributes: (List attributes and codes)
"P4. Resources Present:
~
.P11. Report Citation: (Cite survey report/other sources or Mnone~)
. Attachments:
PSb. Description of Photo: (VIew, date, etc.)
From Main St., 2000
.P6. Dale Constructed /Age and Sources:
Year Bui~: 1896
Modified In: 1966
Belvedere-TIburon Landmark
Society
*P7~ Owner and Address:
Edward and Laleh Zelinsky
.P8. Recorded by: (Name,affiliatlon, address)
Kathryn Gillespie, 3D Visions
San Francisco
.P9. Dale Recorded: 2000
'P10. Survey Type: (Describe)
ReId Surveys 1998 - 2000
Research by Heritage and Arts
Commission, 1999 - 2000.
Slate of Cal~ornia - The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
BUILDING, STRUCTURE, AND OBJECT RECORD
Page 2 of 2
-Resource Name or # 015
B 1. Historic Name:
82 Common Name:
B3. Original Use: Ark - Ooatlng resldenc.. B4. Present Use: Art gallery It law oHlce
.B5. Arch~ectural Style: Ark
"B6. Construction History: (Construction date, alterations, and date of alterations.)
This structure Is a typical ark with four rooms and a kitch..n. It contains thre.. sl..nd..r Corinthian columns and
shipboard siding. It was remod..lI..d In 1966. The structure Is 17' x 65' and Its original address was 90 Main St.
Repairs w..re made In 1973 (d..ck. wall and the addition of a lavatory) and In 1975 (repair to stairs).
*B7. Moved?
.B8. Related Features:
Date:
Original Location:
89a. Archrtect: b. Builder:
*810. Significance: Theme Area
Period of Significance Properly Type Applicable Criteria
(Discuss importance in terms of historical context as defined by theme, period, and geographic scope. Also address integrity.)
This buUdlng was probably relocat..d to this site from Belved..re Cove or Corinthian Island. In 1950.. th..
buUdlng was owned by Johnny M....nan. who later sold It to Fred Zelinsky. 'J'h.. VUlage Salvag.. (thrift) Shop
(1952) occupi..d downstairs whU.. M....nan lived upstslrs.
Other tenants Includ..: Design shop. Th.. Color Wh....1 (1974). Cupp It Co Antiques (1980). Wooden Pelican
(1992). Originally owned by John M....nan as a residence.
811. Additonal Resource Attributres: (List attributes and codes)
*812. References:
')~~:~6~~MtJ~~~~:-!e~!~~~,-i,:_,~~-:;;~:~~{~;_.,;~~)~t~.+'
813. Remarks:
~I
m~
163 1640 L-J [1680 J
*814: Evaluator:
Date of Evaluation:
116061
EJ
(This space reserved for official comments.)
~
Slate of Cal~ornia - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Primary #
HRI#
Trinomial
NHRP Slatus Code
other Listings
Review Code
Reviewer
Date
Page 1 of 2
*Resource Name or # 016
P1. Other Identifier:
P2. Location: a. County: Marin
b. UsGsl.5'Quad San Francisco North Date Rev. 1973 T ; R ; 1/40f 1/4 of sec
c. Address 106 Main Street City TIblUOn, CA
d. UTM (Give more than one for large andior linear feature) Zone, rnlE
e. other Locational Data: (e.g. parcel #, legal description, directions to resource, elevation, addnional UTMs, etc. as appropriate)
B.M.
Zip 94920
mN
.P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.)
This to is a Folk Victorian (Vernacular) style house with two stori.... Renovations were made by Fred and
Edward Zelinsky in the 1960..
'P3b. Resource Attributes: (Us! attributes and codes)
.P4. Resources Present:
!
P5b. Description of Photo: (View, date, etc.)
From Main St., 2000
.P6. Date Constructed IAge and Sources:
Year BuiR: 1920
Modified In: 1957
Belvedere.TIblUOn Landmark
Society
Bullding permits and map,
TIblUOn Town Hall
'Pl. Owner and Address:
Edward and Laleh Zelinsky
'P11. Report Citation: (CRe survey report/other sources Of 'none.)
'pe. Recorded by: (Name,alliliation, address)
Kathryn Gillespie, 3D Visions
San Francisco
.P9. Date Recorded: 2000
'P10. Survey Type: (Describe)
Field Surveys 1998 . 2000
Research by Heritage and Arts
Commission, 1999.2000.
. Attachments:
state of Cal~ornia - The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
BUILDING, STRUCTURE, AND OBJECT RECORD
Page 2 of 2
.Resource Name or # 016
61. Historic Name:
62 Common Name:
B3. Original Use: Residence - cottage 84. Present Use: Business
.B5. Arch~ectural Style: Ark
*66. Construction History: (Construction date, alterations, and date of alterations.)
ThIs ark was built In 1920 and Its platform (foundation) was later re-built In 1957. There was a minor addition In
1974, and exterior siding and shingles were repaired In 1977. A bath and closet were added In 1978 to an
improved storage area underneath a concrete floor. 1be interior basement was created by Hadley Construction
and was 12' x 50' with original beaded siding. ThIs structure bas a peaked roof, shingled porch, bay windows and
solid door.
*87. Moved? Date: Original Location:
.B8. Related Features:
B9a. ArcMecl: b. Builder
*810. Significance: Theme Area
Period of Significance Property Type Applicable Criteria
(Discuss importance in terms of historical context as defined by theme, period, and geographic scope. Also address integrity.)
The original occupants were railroad workers and fishermen who were the first settIers In TIburon. More recent
tenants Include an architect (1992).
Bl1. Add~onal Resource Attributres: (List allributes and codes)
*812. References:
.'~'_I.,",~;"T1buron Boulevai'd',~;.~t;:~,
."r "";';';<'" " "-'."",,,,,,~,,_.,,,<,,,o,j,:~;:~.f,,,,h.,, _,,~~
813. Remarks:
~I
163rrEJ
EJ
[1680 J
.B14: Evaluator:
Date of Evaluation:
116061
(This space reserved for official comments.)
State of California - The Resources Agency
OEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Primary #
HRI#
Trinomial
NHRP status Code
Other Listings
Review Code
Reviewer
Date
Page 1 of 2
.Resource Name or # 017
Pl. Other Identifier:
P2. Location: a. County: Marin
b. USGS 7.S' Quad San Francisco North Date Rev. 1973 T ; R , 1/4 of 1/4 of Sec
c. Address 108 Main Street City nburon, CA
d. UTM (Give more than one for large and/or linear feature) Zone, m1E
e. Other Locational Dala: (e.g. parcel #, legal description, directions to resource, elevation, add~ional UTMs, etc. as appropriate)
B.M.
Zip 94920
mN
"P3a. Description: (Describe resource and its major elements. Include design, materials, condition, atterations, size, setting, and boundaries.)
This Is a Folk Victorian (Vernacular) simple single story house, also renovated by Fred and Edward Zelinsky In
the 1960..
.P3b. Resource Attributes: (List attributes and codes)
.P4. Resources Present:
PSb. Description of Photo: (VIew, date, etc.)
From Main St., 2000
'P6. Date Constructed IAge and Sources:
Year Buitt: 1920
Modified In: 1957
Belvedere-nburon Landmark
Society
Building permits and map,
nburon Town Hall
*P7. OWner and Address:
Edward and Laleh Zelinsky
.P11. Report Citation: (Cite survey report/other sources or -none'")
'P8. Recorded by: (Name,affiliation, address)
Kathryn Gmesple, 3D Visions
San Francisco
'P9. Date Recorded: 2000
'Pl0. Survey Type: (Describe)
Field Surveys 1998 - 2000
Research by Heritage and Arts
Commission, 1999 - 2000.
"Attachments:
Slate of Cal~ornia - The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
BUILDING, STRUCTURE, AND OBJECT RECORD
Page 2 of 2
'Resource Name or # 017
81. Historic Name:
82 Common Name:
B3. Original Use: Residence B4. Present Use: Retail business
'B5. Arch~eclural 5ty1e: Ark
*B6. Construction History: (Construction date, alterations, and date of alterations.)
This building was moved from up the street in 1960 onto a platform with space underneath, which had been
constructed in 1957. 'I11e front porch and steps have been added. The floor was repainld in 1974 and the space
underneath was enclosed in 1978.
.B7. Moved?
'B8. Related Features:
Date:
Original Location:
B9a. ArcMect: b. Builder:
*810. Significance: Theme Area
Period of Significance Property Type Applicable enterla
(Discuss importance in terms of historical context as defined by theme, period, and geographic scope. Also address integrity.)
This one story 15.5' x 41' structure bas wooden shiplap siding on 4 sides with a peaked roof. Decorative turned
porch columns support a scalloped roof line, which was a favorite Victorian ornamentation. There is a carved
front door with two rectangular glass panels. This is a typical home of the 1920. and survives in good condition.
811. Additonal Resource Attributres: (List attributes and codes)
*812. References:
,...,.,,",...~,,;:,,,,
"",;4~~_, burnn Boulevard 7:. j,., ,_ .
"",;'-#"_.''\ii''i!~,.(",tll~,'':,/:'"4,:j;(,...,Jlt'"'''*,-~iU-''''''',..,:-.,.:__:,y.'""" c."': :",.' .~~ '. ....:r-,.. ,,:" ,....
""';..'1'''' .",... ,..~ ,:~..-,;, .". ',.. ,,'l.,--,~,r.:'_) ,:' -- '-.~;.;.'.'.-.' ,\';~j~. "." '.' ,'. ....,." ". '."o... .
813, Remarks:
~ I 163~IEJ
~
[1680 J
*814: Evaluator:
Date of Evaluation:
116061
(This space resetved for official comments.)
~
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Primary #
HRI#
Trinomial
NHRP status Code
other Listings
Review Code
Reviewer
Date
Page 1 of2
'Resource Nameor# 018
P1. Other Identifrer:
P2. Location: a. County: Marin
b. USGS 7.5' Quad San Francisco North Date Rev. 1973 T ; R '/4 of '/4 of Sec
c. Address 110 Main Street City llburon, CA
d. UTM (Give more than one for large and/or linear feature) Zone mlE
e. other Locational Data: (e.g. parcel #, legal description, directions to resource, elevation, addttional UTMs, etc. as appropriate)
B.M.
Zip 94920
mN
*P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.)
This budding may bavebeen moved or turned on Its site, and was reno.....ted by Fred and Edward Zellneky In
the 1960..
.P3b. Resource Attributes: (List allributes and codes)
.P4. Resources Present:
P5b. Description of Photo: (\/Iew, date, etc.)
From Main St., 2000
*P6. Date Constructed IAge and Sources:
Year Buitt: 1920
Modified In: 1957
Belvedere-llburon Landmark
Society
'P7. OWner and Address:
Edward and Laleh Zelinsky
'P". Report Citation: (Cfte survey report/other sources or .none')
'P8. Recorded by: (Name,affiliation, address)
Kathryn 6l1Iesple, 3D Visions
San Francisco
'P9. Date Recorded: 2000
'P' o. Survey Type: (Describe)
Field Surveys 1998 - 2000
Research by Heritage and Arts
Commission, 1999 - 2000.
'Attachments:
.-.-.-
Slate of Cal~ornia - The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
BUILDING, STRUCTURE, AND OBJECT RECORD
Page 2 of 2
.Resource Name or # 018
B 1. Historic Name:
82 Common Name:
83. Original Use: ~, ..... _ 84. Present Use: RetaU business
.85. ArcMeclural style: Ark
'86. ConstNetion History: (ConstNetion date, aRerations, and date of aRerations.)
This structure was budt In 1920 and moved to Its current location In 1960. Its platform was constructed In
1957. An area underneath the ark was enclosed In 1978 and connected with the underground area beneath 106
and 108 and Main Street to create large concrete floor storage garage-type space which opens Into the parking
lot. This Is a one story peaked roof cottage, 13' x 51' resembling 106 and 108 Main. It has a turned column on
the porch. decorative trim and fancy door, adding Victorian detaUs.
*87. Moved? Date: Original Location:
'88. Related Features:
89a. ArchRecl: b. 8uilder.
.810. Significance: Theme Area
Period of Significance Property Type
(Discuss importance in terms of historical context as defined by theme, period, and geographic scope.
Applicable Criteria
Also address integrity.)
After conversion from a .....Idence, this budding has been a cheese shop and dell. The storage area under 106,
108 and 110 Is now the malntenence offices for Main Street Properties.
811. Additonat Resource Attributres: (List attributes and codes)
*812. References:
"'(ifi~'~~4i'11bu.:ori;l!Otilevarir~
. :"":"':"'i"~""..,\~ .~;,.",lti,.~.., ,'l~.'c,.......'--k'''""^,",.'</~,,,::i.i.:'',,_,~, ,. .. .. "'.'." 'foft; .f';'
_",....",...." m: _w..' ". ....~,....._r.>:.,._... -'/>"~'-'i'-.'"~~-,,.. .,...' "'. ,,- .' ......, -'
813. Remarks:
~11~~l1680J
*814: Evaluator:
Date of Evaluation:
116061
(This space reserved for official comments.)
,
State 01 Cal~ornia - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Primary #
HRI#
Trinomial
NHRP Status Code
Other Listings
Review Code
Reviewer
Date
Page 1 of2
-Resource Name or # 019
P1. other Identifier:
P2. Location: a. County: Marin
b. USGS 7.5' Quad San francisco North Date Rev. 1973 T ; R , 1/401 1/4 01 Sec
c. Address 112 Main Street City TIburon, CA
d. UTM (Give more than one for large andlor linear feature) Zone mlE
e. Other Locational Data: (e.g. parcel #, legal description, directions to resource, elevation, additional UTMs, etc. as appropriate)
8.M.
Zip 94920
mN
.P3a. Descrtption: (Describe resource and its major elements. Include design, materials, condition, atterations, size, setting, and boundaries.)
Another example of Folk Victorian (Vernacular). it is a simple two story house. The window and trim mimics that
on Victorians. This building may have been moved or turned on Its site. It was renovated by Fred and Edward
Zelinsky in the 19608.
*P3b. Resource Attributes: (List attributes and codes)
*P4. Resources Present
*P11. Report Citation: (Cite survey report/other sources or "none")
. Attachments:
P5b. Description of Photo: (View, date, etc.)
From Main St., 2000
.P6. Date Constructed IAge and Sources:
Year 8uift: 1890
Modified In:
Belvedere-Tiburon Landmark
Society
.P7. Owner and Address:
Edward and Laleh Zelinsky
.P8. Recorded by: (Name,affiliation, address)
Kathryn Gillespie, 3D Visions
San Francisco
.P9. Date Recorded: 2000
.P10. Survey Type: (Describe)
Field Surveys 1998 - 2000
Research by Heritage and Arts
Commission, 1999 - 2000.
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
BUILDING, STRUCTURE, AND OBJECT RECORD
Primary #
HRI#
Page 2 of 2
.Resource Name or # 019
B 1. Historic Name:
82 Common Name:
83. Onginal Use: Single dwelling / cottage 84. Present Use: DwelIing. Business downstairs.
"85. Archnectural style: Folk Victorian (Vernacular)
*B6. Construction History: (Construction date, alterations, and date of alterations.)
This bas always been a residence. There exists a secret stairca.... here for "Rum Running" which ran &om the 2nd
floor to the dock on waterside into a hidden cupboard for storing illicit alcohol. The waterside dock is now a
parking lot and the original house or ark is placed upon piers.
*87. Moved?
"B8. Related Features:
Date:
Original Location:
89a. Architect: b. Builder:
*810. Significance: Theme Area
Penod of Significance Property Type Applicable entena
(Discuss importance in terms of historical context as defined by theme, period, and geographic scope. Also address integrity.)
As stated above, this house was used not ouly as a residence but also for "Rum Running" during prohibition
(1920-1933). A secret cupboard boused illicit alcohol within the house. This structure remains a residence to
this day.
#112 is an original old house placed on piers.
811. Additonal Resource Attributres: (List attributes and codes)
*812. References:
~ I 163~rn ~ [1680 J 16
813. Remarks:
" n
*814: Evaluator:
Date of Evaluation:
116061
(This space reserved for official comments.)
. State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Primary #
HRI#
Trinomial
NHRP Status Code
Other Listings
Review Code
Reviewer
Date
Page 1 of 2
-Resource Name or # 020
Pl. Other Identifier:
P2. Location: a. County: Marin
b. USGS 7.5' Quad San Francisco North Date Rev. 1973 T ; R , 1/4 of 1/4 of Sec
c. Address 116 Main St. City Tiburon, CA
d. UTM (Give more than one for large and/or linear feature) Zone m1E
e. other Locational Data: (e.g. parcel #, legal description, directions to resource, elevation, additional UTMs, etc. as appropriate)
B.M.
Zip 94920
mN
.P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.)
This ark is another example of Folk Victorian style, with the typical vertical board siding. This ark is unique
in its storefront of divided lines with plain trim, and the second story floor plate that overhangs the ground
floor.
.P3b. Resource Attributes: (List attributes and codes)
.P4. Resources Present:
P5b. Description of Photo: (View, date, etc.)
From Main St., 2000
*P6. Date Constructed /Age and Sources:
Year Buift: 1906
Modified In: 1975
Belvedere-Tiburon Landmark
Society
.P7. Owner and Address:
Edward and Laleh Zelinsky
.P11. Report Citation: (Cite survey report/other sources or gnone-)
.P8. Recorded by: (Name,affiliation, address)
Kathryn Gillespie, 3D Visions
San Francisco
.P9. Date Recorded: 2000
.P10. SUlveyType: (Describe)
Field Surveys 1998 - 2000
Research by Heritage and Arts
Commission, 1999 - 2000.
. Attachments:
State of Cal~ornia - The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
BUILDING, STRUCTURE, AND OBJECT RECORD
Page 2 of 2
"Resource Name or # 020
81. Historic Name:
B2 Common Name: Provenance unknown. Probably dwelling,
B3. Original Use: Originally an ark. B4.
.B5. Archrtectural style: Ark
'"86. Construction History: (Construction date, alterations, and date of alterations.)
A previous structure occupied this space. Edward Zelinsky raised the structure in 1975 and placed 2 arks on top
of each other. This structure is known as the ''Double Ark."
Present Use: F1owershop.
Business
.B7. Moved?
"B8. Related Features:
Date:
Original Location:
89a. Architect: b. Builder:
*810. Significance: Theme Area
Period of Significance Property Type Applicable Criteria
(Dtscuss importance in terms of historical context as defined by theme, period, and geographic scope. Also address integrity.)
The provenance of typical wooden board sided arks is unknown. The Victorian look has been renovated with a
flat top roof and covered porch upheld by four Corinthian capitals. There are turned raUings as well. Living
quarters are found on the second story, while the first story ark contains a windowed storefront.
B 11. Additonal Resource Attributres: (List attributes and codes)
*812. References'
,.... .~. ~""\
. T1buron BouleVani
813. Remarks:
~ I 163rrEJ ~
n
*814: Evaluator:
Date of Evaluation:
116061
(This space reserved for official comments.)
~
Primary #
HRI#
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Trinomial
NHRP Status Code
Other listings
Review Code
Reviewer
Date
Page 1 of2
'Resource Name or # 021
Pl. Other Identifier:
P2. Location: a. County: Marin
b. USGS7.5'Quad San Francisco North Date Rev. 1973 T ; R , 1/4 of 1/4 of Sec
c. Address 118-120 Main Street City TIburon, CA
d. UTM (Give more than one for large and/or linear feature) Zone m1E
e. Other Locational Data: (e.g. parcel #, legal description, directions to resource, elevation, additional UTMs, etc. as appropriate)
B.M.
Zip 94920
mN
.P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.)
This two-story building has a center gable as frequently found on Folk Victorian (Vernacular) structures,
along with typical horizontal siding and plain trim. The main portion of the building has a symmetrical
design. and Is punctuated with double-hung, divided line windows.
.P3b. Resource Attributes: (List attributes and codes)
.P4. Resources Present
"P11. Report Citation: (Cite survey report/other sources or ~noneft)
. Attachments:
P5b. Description of Photo: (View, date, etc.)
From Main St., 2000
.P6. Date Constructed IAge and Sources:
Year Buift: 1896
Modified In: 196no
Belvedere-TIburon Landmark
Society
.P7. Owner and Address:
Edward and Laleh Zelinsky
.P8. Recorded by: (Name,affiliation, address)
Kathryn Gillespie, 3D Visions
San Francisco
.P9. Date Recorded: 2000
.P10. Survey Type: (Describe)
Field Surveys 1998 - 2000
Research by Heritage and Arts
Commission, 1999 - 2000.
state of Cal~ornia - The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
BUILDING, STRUCTURE, AND OBJECT RECORD
Page 2 of 2
.Resource Name or # 021
81. Historic Name:
82 Common Name:
B3. Original Use: Residence B4. Present Use: Retail, financial group _ Business
.B5. Architectural Style: Folk Victorian (Vernacular)
'B6. Construction History: (Construction date, a~erations, and dale of alterations.)
This ark, originally built in 1896, was renovated by Fred & Edward Zelinsky in 19608. It originally faced another
direction and was a residence.
"'B7. Moved?
"'B8. Related Features:
Date:
Original Location:
B9a. Archttect: b. Builder:
*810. Significance: Theme Area
Period of Significance Property Type Applicable Criteria
(Discuss importance in terms of historical context as defined by theme, period, and geographic scope. Also address integrity.)
This structure is a traditional ark built in 1896 which is now a part of "Ark Row." This cottage served mainly as
an artists' studio. This may have been the home of artist Seldon Connor Gile (1877-1947), famous California
landscape artist and Impressionist. Gile was the leader of the "Society of Six," a group of California
Impressionists.
811. Additonal Resource Attributres: (List attributes and codes)
"'812. References:
813_ Remarks:
~ I 163m
~
[1680
"'814: Evaluator:
Date of Evaluation:
116061
B
(This space reserved for official comments.)
Primary #
HRI#
Slate 01 California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Trinomial
NHRP status Code
Other Listings
Review Code
Reviewer
Date
Page 1 of 2
'Resource Name or # 022
Pl. Other Identifier:
P2. Location: a. County: Marin
b. USGS7.S'Quad San Francisco North Date Rev.1973 T : R , 1/401 1/4 01 Sec
c. Address 122 Main Street C.1Iy TIburon, CA
d. UTM (Give more than one for large and/or linear feature) Zone mlE
e. Other Locational Data: (e.g. parcel #, legal description, directions to resource, elevation, additional UTMs, etc. as appropriate)
B.M.
Zip 94920
mN
.P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.)
This is diffe...nt from other Ark Row and Main Street buildings in its style (Salt Box) and placement of gable
parallel to the street, rather than the 010... common perpendicular style. The shingles are a ...cent addition,
but the flat trim Is like that of Its Folk Vernacular neighbors. The structure Is symmetrical around two axes.
.P3b. Resource Attributes: (List attributes and codes)
.P4. Resources Present:
.P11. Report Citation: (Cite survey report/other sources or Mnone")
'Attachments:
P5b. Description of Photo: (View, date, etc.)
From Main St., 2000
.P6. Date Constructed IAge and Sources:
Year Bum: 1870
Modified In;
Belvedere-TIburon Landmark
Society
Photo file, Map of TIburon
Peninsula, Edward Zelinsky
.P7. Owner and Address:
Edward and Laleh Zelinsky
'PB. Recorded by; (Name,affiliation, address)
Kathryn Gillespie, 3D Visions
San Francisco
.P9. Date Recorded; 2000
.P10. Survey Type; (Describe)
Field Surveys 1998 - 2000
Research by Heritage and Arts
Commission, 1999 - 2000.
State of Cal~ornia - The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
BUILDING, STRUCTURE, AND OBJECT RECORD
Page 2 of 2
-Resource Name or # 022
B 1. Hisloric Name: Ranch Bulldlng
B2 Common Name: Ranch shed. Personal residence.
B3. Original Use: Gatehouse for bri~.lle.
.B5. Arch~ectural Style: Folk Victorian (Vernacular)
.86. Construction History: (Construction date, alterations, and date of alterations.)
B4. Present Use: Beauty Salon
122 Main Street was a former gatehouse for a drawbridge between TIburon and Belvedere Island. It was later
used as a ranch shed. It sits upon its original piers and its addition is considered to be a Salt hox construction.
This later addition housed a former thrift shop. This bulldlng was remodeled with new siding and small windows
In the 1990's. This is the oldest structure on Ark Row.
*B7. Moved?
.B8. Related Features:
Date:
Original Location:
B9a. Architect: b. Builder:
*810. Significance: Theme Area
Period of SignifICance Property Type Applicable Criteria
(Discuss importance in terms of historical context as defined by theme, period, and geographic scope. Also address integrity.)
This former shed on the TIburon Peninsula is the oldest budding along Ark Rowand was once a gatehouse for a
drawbridge to Belvedere Island. It was also the home of Henri Qouette of the Northwestern Pacific Railroad.
Evidently, this building was moved at some time. An 1890 photo shows this structure In its original location. It
is now located In its second location (c. 1930).
Bl1. Additonal Resource Attributres: (List attributes and codes)
*812. References:
~C3IBEJ
l 1680
813. Remal1<s:
116061
*814: Evaluator
Date of Evaluation:
(This space reserved for official comments.)
Primary #
HRI#
. State of CalWornia - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Trinomial
NHRP Slatus Code
Other Listings
Review Code
Reviewer
Date
Page 1 of 2
.Resource Name or # 023
Pl. Other Identifier:
P2. location: a. County: Marin
b. USGS 7.5' Quad San Francisco North Date Rev. 1973 T ; R 1/4 of 1/4 of Sec
c. Address 1696 nburon Blvd. City nburon, CA
d. UTM (Give more than one for large andlor linear feature) Zone rrv'E
e. Other Locational Data: (e.g. parcel #, legal description, directions to resource, elevation, additional UTMs, etc. as appropriate)
B.M.
Zip 94920
mN
*P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.)
This building is also in the Folk Victorian (Vernacular) style. It emphasizes the horizontal theme of the
design, and features decorative elements below the roolline. The divided lites in the double-hung windows
are common in buildings &om the late 19th and early 20th centuries.
*P3b. Resource Attributes: (List attributes and codes)
*P4. Resources Present:
*P11. Report Citation: (Cite survey report/other sources or Mnone~)
* Attachments:
P5b. Description of Photo: (View, date, etc.)
From nburon Blvd., 2000
*P6. Date Constructed IAge and Sources:
Year Buitt: 1936
Modified In:
Belvedere-nburon Landmark
Society
Edward Zelinsky and Victoria Arnett
.P7. Owner and Address:
Edward Zelinsky and Barbara
Abrams
'P8. Recorded by: (Name,affiliation, address)
Kathryn Gillespie, 3D Visions
San Francisco
'P9. Date Recorded: 2000
.P10. Survey Type: (Describe)
Field Surveys 1998 - 2000
Research by Heritage and Arts
Commission, 1999 - 2000.
State of California - The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
BUILDING, STRUCTURE, AND OBJECT RECORD
Page 2 of 2
.Resource Name or # 023
81. Histone Name:
82 Common Name:
83. Original Use: Housed railroad workers from Donahue 84. Present Use: Food Service/Cafe - Business
'85. Arch~ectural Style: Folk Victorian (Vernacular)
'86. Construction History: (Construction date, a~erations, and date of a~erations.)
n... original four dwellings probably burned in a 1906 fire. n... dwellings were barged down the PetaIuma Creek
from the town of Donahue, CA, in 1887. New construction, remodeling and painting took place at a later date.
This included the construction of new residences, which are now a restaurant and small businesses.
*B7. Moved?
.88. Related Features:
Date:
Original Location:
89a. Arch~ect: b. 8uilder
*810. Significance: Theme Area
Period of Significance Property Type Applicable Criteria
(Discuss importance in terms of historical context as defined by theme, period, and geographic scope. Also address integrity.)
This house was barged down from Donahue, CA in 1887.
B 11. Additonal Resource Attributres: (List attributes and codes)
*B 12. References:
(This space reserved for official comments.)
1840
~
[1680 J
B 13. Remarks:
*814: Evaluator:
Date of Evaluation:
I/e~4 I~
COUNTY ADMINISTRATOR'S OFFICE
INTER-OFFICE MEMORANDUM
DATE:
December 12, 2000
REC~~VIED
DEe I 3 2000
FROM:
CITYrrOWN MANAGERS
and COUNTY ADMINISTRATO~!
Martin J. Nichols, I
"""ta'" Admln;"",Io, ~
FINAL JOINT SERVICES REPORT
TOWN MANAGERS OFFIC"
TOWN OF T1BURON
TO:
SUBJ:
Attached is an original copy of the Final Joint Services Report.
REQUESTED ACTION:
The Joint Services Committee recommends that this report be discussed before each
city/town council and the Marin Board of Supervisors. The chair or vice chair of the
Joint Services Committee, assisted by Mr. Nichols, will be available to make
presentations at each agency's meeting regarding this report.
Based on the input received from this process, the Joint Services Committee may meet
one last time to prepare final recommendations for consideration by the MCCMC and
the Board of Supervisors.
Please advise if you wish a presentation of the report to your governing board and
when you want that to occur.
Attachment
cc: Members, Joint Services Committee
(with attachment)
...
JOINT SERVICES COMMITTEE
OF THE
MARIN COUNTY COUNCIL OF MAYORS AND
COUNCILMEMBERS
November 21, 2000
Cityrrown Councils
Board of Supervisors
Marin County, California
RE: Final Report and Recommended Actions to Improve Acconntability and Operations of
Marin Joint Powers Anthorities
RECOMMENDED ACTIONS REGARDING TillS REPORT:
This report represents the efforts of the Joint Services COInrnittee to review Marin County joint
powers authorities. Later on in the report we recommend a process for the cities and towns and
the Board of Supervisors to review and consider our recommendations. Therefore, our
recommendations for this report are:
A. That you receive the report, and
B. That you approve and adopt the recommended review and adoption process.
BACKGROUND
In 1998 MCCMC and the Board of Supervisors received a consultant's report recommending the
establishment of a joint services administrator to manage and oversee the many Marin County
joint powers authorities (JPA's.) In response to this recommendation MCCMC established the
Joint Services Committee with one representative from each city and town and the BOS. This
Committee's charge was to review the work of the consultant and each of the existing JP A's and
prepare recommendations regarding needed improvements to accountability and operational
practices
The Joint Services Committee began meeting in Feb. of 1999. Meeting monthly, the Committee
has reviewed the operations of the major JP A's and subsequently met to develop these
recommendations. The work of the Committee was staffed by Mr. Martin J. Nichols, in the
Office of the County Administrator, utilizing the remaining funds of a grant from the Marin
Community Foundation for purposes of studying JP A's.
2
FINDINGS:
The Joint Services Committee, based on our review of the major JP A's, makes the following
findings:
A. The JP A structure is necessary for effective local government in Marin County with its
limited population, and numerous cities, towns and special districts.
B. The JPA's are free of any major operational or administrative problems; however, there
are areas for improvement, and a need to establish standard practices for the JPA's and consider
some consolidation.
C. The major JPA's are responsible for significant amounts of public funding.
D. The major JPA's are responsible for important policy areas critical to health and safety of
Marin residents.
E. The work of the major JPA's is not well understood by local elected officials and the
public.
F. There is a need for improved understanding, accountability, and oversight of the major
JPA's.
G. There is a need to establish standardized practices for the distribution of JP A agendas,
minutes, budgets, annual activity reports, audits and legislative actions. .
H. There is a need for some organizational changes, possibly consolidation, for continued
evaluation of duties between JP A's.
I. There is a need to establish an oversight committee comprised of elected officials for
continued evaluation and review of the JPA's, and to implement these recommendations, and
discuss and recommend action on the policy issues confronting these agencies.
RECOMMENDATIONS:
1. JP A reorganizations.
The Joint Services Committee does not find compelling reasons for major reorganization
of the JPA's. We did find, however, that some consolidation and/or shifting of directions
could be of benefit to the overall effectiveness and efficiency of these joint efforts. We
do recommend that some further staff evaluation be conducted regarding the benefits of
combining some sub-functions of individual JP A's with another JP A so those activities
may be more appropriately coordinated with public services of a like nature.
To implement this recommendation, Mr. Nichols will prepare a report regarding the
transfer of functions between JP A's for further consideration by this Committee, and
present to the Joint Services Oversight Committee.
3
The Joint Services Committee further recommends that the Marin Street Light
Acquisition JPA be renamed as the "General Services JPA." Presently, the Street Light
JP A is comprised of several unrelated functions (i.e. street lights, abandon vehicles,
metricom contract, geographic information system, non-point discharge prevention, and
electric supply alternatives.) Also, we further recommend that Mr. Nichols prepare
suggestions regarding the governance structure of the new General Services JP A.
Additionally, Mr. Nichols will prepare a further report to the Joint Services Committee
on what activities should be added or deleted from the General Services JP A.
Finally, we recommend a detailed review of the existing joint power agreements by the
Joint Services Oversight Committee and make amendments if necessary to reflect service
or law changes in the individual JP A's areas of responsibility.
2. JP A staffing and oversight.
The Joint Services Committee recommends that a permanent Joint Powers Authority
Oversight Committee (comprised of elected officials) be established to periodically
review the operations of our many JP A's, and provide a forum to discuss policy issues
affecting their joint efforts. Mr. Nichols should be directed to prepare recommended
operational and financing plans and membership of this oversight committee.
We further recommend that a joint services manager position be established and report to
the Joint Services Oversight Committee and be responsible for the following:
a. Implement the recommendations of this report and those that are adopted by
city/towns and County regarding JP A's
b. Monitor the activities of the various JP A's for purposes of discussing and
reporting to the elected bodies regarding major policy issues that should be
considered at the elected level.
c. Establish and maintain a directory of JP A services and their membership on
www.marin.org" and
d. Coordinate legislative issues affecting JP A activities.
The position of Joint Services Manager should be combined with the duties of managing
the new General Services Joint Powers Authority. The costs for the oversight
responsibilities should be apportioned among the various JP A's. We recommend that the
Marin Managers Association prepare recommendations as to how these costs should be
levied.
3. JP A Standard Practices.
We recommend that in the interest of better understanding and accountability, the
following practices be implemented:
a. Elected officials on certain Joint Powers Governing Boards.
4
Elected officials review of the actlVll1es of the JP A's activities is provided
through the appointment of governing board members and the proposed
establishment of the oversight committee.
We recommend that each appointing agency be given the discretion of
appointing an elected official or a staff member to the advisory bodylboard to
which they belong, excepting the Joint Powers Oversight Committee, which is to
be comprised of only elected officials.
b. Distribution of Agendas and Minutes.
We recommend that agendas and minutes of each JPA (and their executive
committee, if they have one) be routinely sent to city/town managers and the
County Administrator if requested. We further recommend that each JPA
establish a process by which they can send copies of agendas and minutes to
individual elected officials, if so requested by that official. Finally, we further
recommend that the Joint Services Manager implement procedures to make
copies of agendas and minutes of the various JPA's available on line at
www.marin.org.
c. Audits.
We recommend that each individual JPA be given authority to determine the
need for annual audits in lieu of the statutorily required bi-annual audit. One
copy of each audit and management letter should be provided to each
participating agency.
d. Minimum Insurance Requirements.
We recommend that the individual JPA's determine their own individual
insurance requirements based on an analysis of the risk potential associated with
their individual functions.
e. Standard Indenmification Clauses.
We recommend that each JPA determine the indenmification requirements
necessary for their individual areas of responsibility.
f. Legislation
We recommend that JPA's not take positions on legislation, but submit
recommendations regarding pending legislation for consideration by the
MCCMC Legislative Committee and the Board of Supervisors. We also believe
county-wide coordination regarding legislative issues is a more effective way to
achieve our policy objectives.
g. By-laws.
Each JP A should adopt by-laws that are referred for review to the appointing
agencies bi-annually.
,,~
5
4. Staffing for Marin County Council of Mayors and Councilmembers.
We recommend that permanent staffing be established for MCCMC to coordinate the
appointments, bylaw reviews, meeting coordination, and agendas. We recommend that
this function be combined with the duties of the Joint Services Manager and that the
Marin Managers Association prepare recommendations on how the cost of this function
should be shared among the cities and towns.
REVIEW AND ADOPTION PROCESS
The Joint Services Committee recommends that this report be discussed before each city/town
council and the Board of Supervisors. The chair or vice chair of the Joint Services Committee,
assisted by Mr. Nichols, will be available to make presentations at each agency's meeting
regarding this report.
Based on the input we receive from this process, the Joint Services Committee will meet one last
time to prepare final recommendations for consideration by the MCCMC and the Board of
Supervisors.
Dated:
II / 2.~("o
Pat d, Vice Chair
Joint Services Committee
/iJ7k
,
Dated:
FOR THE JOINT SERVICES COMMITTEE:
Amy Belser, Sausalito
Susan Brandborg, Fairfax
Paul Chignell, San Anselmo
John Dupar" Corte Madera
John Gray, Ross
Barbara Heller, San Rafael
John Kress, County of Marin
Joan Lubamersky, Larkspur
Christopher Raker, Mill Valley
Bruce Sams, Belvedere
..__._"!l..-
TOWN OF TIBURON
STAFF REPORT
/1
ITEM NO.
To:
From:
Subject:
MAYOR THOMPSON & MEMBERS OF THE TOWN COUNCIL
TOWN CLERK CRANE IACOPI (
STATUS OF CURRENT & PENDING VACANCIES ON TOWN BOARDS,
COMMITTEES & COMMISSIONS
February 7,2001
Date:
BACKGROUND
The deadline for receipt of applications for current vacancies on Town Boards,
Committees & Commissions expired on January 31, 2001. A vacancy notice was posted at Town
Hall and the Belvedere- Tiburon Library, and was also published twice in The Ark. In addition, all
current board and commission members received a copy of the Notice of Current & Pending
Vacancies.
The following applications or letters have been received from incumbents or residents
interested in serving on one of the following Boards or Commissions.
1) PLANNING COMMISSION - (Vacancv created by JeffSlavitz' appt. to the Town Council)
y PAUL SMITH (current DRB Chair)
Y JIM FRASER, 1786 Vistazo West
y BILL TEISER, Red Hill Circle
y MATTHEW LE MERLE, 4545 Paradise Drive (will be out of Town for 3 weeks in Feb.)
y RICHARD COLLINS (previously interviewed for PC vacancy in July 2000)
2) PARKS & OPEN SPACE COMMISSION - (Two Terms Expire on 2/28/01)*
y JORDAN ETH (will not seek reappointment)
y JUDY BURGIN (seeks reappointment)
y ERIC FRIEDLAND
y GINGER McCORMICK
y DAVID GOTZ (also interested in Library and Heritage & Arts Commission)
* The Council may determine through the adoption of an ordinance set for first reading at this
meeting, to reduce the number of Parks & Open Space Commissioners from seven (7) to five (5).
If that is the case, interviewing the above interested candidates would be moot.
~H)
r: 1)0 )I,A1
IJ I- ,
/i-""...JJ
,...
/-iff&' )
Current & Pending Vacancies
February 7, 2001 Staff Report
Page 2
3) DESIGN REVIEW BOARD -(Term EXDires 2/28/01)
)> MIKE FIGOUR (appointed in August 2000; seeks reappointment at this time)
4) HERITAGE & ARTS COMMISSION - (Term Expires 2/28/01)
)> ANDREA MORGAN (appointed in August 2000; seeks reappointment at this time)
The Town Council has the option to reappoint any commissioner who has served less than
two years on a Board or Commission. Both DRB member Michael Figour and Heritage & Arts
Commissioner Andrea Morgan fall into this category.
5) BEL VEDERE/TIBURON LIBRARY BOARD - (Term Expires 6/30/01)
)> CAROL FORELL (will not seek reappointment)
RECOMMENDATION
1. That the Town Council determine an interview schedule of interested applicants for
the above vacancies.
2. That the Town Council direct Staff to agendize Appointments to Boards,
Commissions and Committees at its February 21 and March 7,2001 regular meetings.
D. Crane Iacopi
Town Clerk
EXHIBITS
--Notice of Current & Pending Vacancies
--Current Town Roster
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t
.
NOTICE OF PENDING & CURRENT VACANCIES -
PLANNING COMMISSION
DESIGN REVIEW BOARD
HERITAGE & ARTS COMMISSION
PARKS & OPEN SPACE COMMISSION
BEL VEDERErrmURON LIBRARY AGENCY BOARD
As of January 4,2001
********
The following vacancies on Town Boards & Commissions are pending in 2001. Pursuant to
Resolution No. 3263, the Tiburon Town Council will conduct interviews of interested
applicants in January and February 2000. If you have interviewed for a position on a Town
Board or Commission within the last year, your application may be considered for one of the
vacancies. Commissioners whose terms are expiring may seek re-appointment for another term,
and those incumbents with less than two years of service may be automatically reappointed. *
Appointments will be made to four-year terms (except for the Library Agency Board and It.
Recreation Committee whose terms vary). Terms are effective March 1, 2001.
Applicants should be residents of the Town of Tiburon (or the Tiburon Peninsula in the case of
Design Review Board & Heritage & Arts Commission) and have the time, interest and desire to
serve on the Board or Commission, including attendance at regular monthly meetings and other
activities.
Application forms can be picked up at Town Hall, 1505 Tiburon Boulevard, or you can contact
Town Clerk Diane Crane Iacopi at 435-7377 for further information.
Deadline for receiot of aoolicanons:
Januarv 31. 2001
PENDING V ACANCES ON TOWN BOARDS & COMMISSIONS IN 2001
PLANNING COMMISSION -
Aooointee
1) Jeff Slavitz
Aooointed
January 1998
Term Exoires
2/28/01
[Note: On January 3, 2001, JeffSlavitz was appointed to the Tiburon Town Council to
fill the term of Council member Terry Hennessy who resigned on January 1,2001.
Therefore, this is a current vacancy.]
DESIGN REVIEW BOARD -
AlJIJOintee
1) Michael Figour
Appointed
August 2000*
HERITAGE & ARTS COMMISSION-
Appointee AlJIJOinted
1) Andrea Morgan August 2000*
PARKS & OPEN SPACE COMMISSION**-
Appointee Appointed
1) Judy Burgin, Chair May 1998
2) Jordan Eth November 1993;
January 1998
BEL VEDERE/TIBURON
LIBRARY AGENCY BOARD-
Appointee
1) Carol Forrell
Appointed
April 1995;
June 1998
* Eligible for automatic reappointment.
Term Exvires
2/28/01
Term Exvires
2/28/01
Term Exvires
2/28/01
2/28/01
Term Expires
June 2001
· 'In addition to the above pending vacancies, there is a current vacancy on the Parks & Open
Space Commission. However, the Town Council will conduct public hearings in February 2001
in which amendments to the Town's Zoning Ordinance, including a reduction in the number of
Parks & Open Space Commission members from seven to five, is considered.
***************
Courtesy Copies to:
Town Council/Commissioners
Town Staff
The Ark & Independent Journal (for Dublicatinn)
NoticePosted at Tiburon Town Hall and BelvedereiTiburon Library on 1-4-01
."'-
TOWN OF TlBURON
TOWN HALL OFFICES: 1505 Tiburon Blvd.. Tiburon, CA 94920
COUNCIL CHAMBERS: 1505 Tiburon Blvd.
TONfl Web site: www.tiburon.orpjgavemment
Telephone No: 435-7373 - Fax No: 435-2438
Building Department: 435-7380
Planning & Design Review: 435-7390
Public Works: 435-7399
Police Department: 789-280 I (Non-emergency 8am-4pm)
Jt. Recreation Department: 435-4355
January 3, 2000
i
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,
.
~
TERM HOME BUSINESS
TOWN COUNCIL HOME ADDRESS EXPIRES PHONE PHONE/FAX
('" & 3rd Wednesday Each Month - 7:30 P.M.)
Andrew Thompson, Mayor 18 Southridge East 11/03 388-4424 229-8970/-8987
Hany Matthews, Vice Mayor 20 Spring Lane 11/01 435-9803 435-9814 (FAX)
Mogens Bach 4 Janet Way 11/01 383-1260 435-3125/-4155
Tom Gram 8 Venado Drive 11/01 435-9328 (510)654-7500
Prefers e-mail = thomasrzram@aol.com) (510) 547-7068 (FAX)
Jeffrey Slavitz 45 Upper North Terrace 11/03 389-9244 388-3003
PLANNING COMMISSION -(2nd&4th Wednesday Each Month-7:30 P.M.)
Steve Stein, Chair 127 Red Hill Circle 2/01
Miles Berger 14 Raccoon Lane 2/04
Alice Fredericks One Cazadero Lane 2/02
Wayne Snow 100 Jefferson Drive 2/03
Vacant [Slavitz] 2/01
DESIGN REVIEW BOARD - (1st & 3rd Thursday Each Month-7:00 P.M.)
Paul Smith, Chair 3 MacAnnan Court
Bill McLaughlin, Vice Chair P.O. Box 1234
Kirk Beales 24 North Terrace
Stephen Stroub 1901 Centro West
Michael Figour 2131 Vistazo East
435-1699
435-2337
789-5166
383-6143
435-6852 (FAX)
677-0966/-0964
789-5156 (FAX)
388-1073 (FAX)
2/04 435-0416 456-4000/-1921
2/03 435-8260 308-0129
2/03 383-3305 -----------
2/04 435-1758 331-0621/332-9171
2/01 435-1134 693-1600/1760
PARKS & OPEN SPACE COMMISSION -(2ndTues. EachMonth-7:30 P.M.)
Judy Burgin, Chair 583 Virginia Drive 2/01
Jordan Eth 35 Mark Terrace 2/01
Brian Sullivan 116 Sugar Loaf Drive 2/02
Mindy Canter 167 Blackfield Drive 2/03
Margo Zender 652 Hilary Drive 2/04
Helen Lindqvist 3 Cazadero Lane 2/04
HERITAGE & ARTS COMMISSION -(4th Tues. EachMonth-7:00P.M.)
Donna Kline, Chair 672 Hilary Drive
Meg Winther Abbott, Vice Chair 72 Mercury Avenue
Priscilla Miller 104 Esperanza
Cynthia Marques 69 East View Ave.
Diane Smith 90 Lyford Drive, #3
Victoria Arnett 7B Cove Road, Belvedere
Andrea Morgan 56 Lower N. Terrace
435-6002
381-0969
435-0705
388-8059
435-1496
789-0703
268-7070/-7522
268-7126
435-2511
435-2850
789-070 I
2/02 435-3017 435-6910(FAX)
2/03 435-4348 435-4384
2/02 435-0059 ------------
2/02 435-8160 381-4646
2/03 435-9804 ------------
2/04 435-2107 ------------
2/01 384-0405 384-0403 (FAX)
COMMITTEE
HOME ADDRESS
TERM
EXPIRES
BELVEDEREfITBURON JOINT RECREATION COMMITTEE
(3rd Monday Each Month. 7:30 P.M. - Tiburon To\W HaU)
Jerry Riessen, Chair
Fred Mayo, Vice Chair
Priscilla Tripp
Tracy Jacquier
Nancy Rogers
Robert McCaskill
Robert Weisberg [RUSD Board]
Council Revresentative
Tom Gram - Tiburon
616 Ridge Road
69 Eastview Avenue
104 Howard Drive
8 Buckeye Road, Bel.
28 Lagoon Road, Bel.
9 Crest Road, Bel.
41 West Shore Rd., Bel.
2/03
2/04
2/03
9/04
9/04
9/03
1/01
BELVEDEREfITBURON LmRARY AGENCY - BOARD OF TRUSTEES
(Meets 1st Monday 01' As-Needed. 1501 Tihuron Blvd.)
Carol Forrell 2299 Spanish Trail Road 6/01
Lynn Wellman Barr 4 Via Capistrano 6/02
Allen Bortel 8 Corte Palos Verdes 6/03
Bonnie Ross (RUSD)
Margaret Jones, Chair
Barbara Morrison
Ken Johnson
122 Jefferson Drive
280 Madrona, Bel.
10 Oak Avenue, Bel.
16 Leeward Road, Bel.
6/02
6/03
6/01
6/02
TmURON PENINSULA JOINT DISASTER ADVISORY COUNCIL
(2nd Monday Each Month. 5:00 P.M. - Location varies)
Community Members - Belvedere & Tiburon
Judy Bloch, Co-Chair
Dr. Tom Cromwell, Co-Chair
Stephanie Sedlock
Sara Garbarini
Georgia Kirchmaier
Public AJ!encies
TFD Chief Rosemary Bliss
So. Marin FD Chief Stone
Tiburon Police ChiefHerley
Belvedere Police Chief Lundquist
Tiburon Town Mgr. Alex McIntyre
Belvedere City Mgr. Ed San Diego
RUSD Super. Chris Carter
& Boardmember Grace Livingston
DISCO rep. Reva Saper
Council Representatives
Bruce Sams - Belvedere
Mogens Bach - Tiburon
54 Reed Ranch Road, Tiburon
59 Peninsula Road, Belvedere
1876 Centro West, Tiburon
Belvedere
Tiburon Peninsula Chamber of Commerce
1679 Tiburon Blvd., Tiburon
308 Reed Blvd., Mill Valley
1155 Tiburon Blvd., Tiburon
450 San Rafael Ave., Belvedere
1505 Tiburon Blvd., Tiburon
450 San Rafael Ave., Belvedere
105 Avenida Mira Flores, Tiburon
137 "L" Seminary Dr., MY 94941
2
HOME
PHONE
435-9934
435-8160
435-2870
435-0805
435-4498
435-3695
789-9666
BUSINESS
PHONE/FAX
391-2833
388-9445/-0306
435-3302
546-8340
925-9711/-9825
435-3763 435-3384(FAX)
435-8891 435-3558(FAX)
435-3988 e-mail =
invemess@earthlinknet
381-0968 ----------------
435-0516 FAX (same)
435-0183 ----------------
435 -5726 ----------------
388-2696
435-2069
435-4664
383-7664
435-4685(FAX)
435-5633
435-7200
388-8182
789-2807
435-7398
435-7383
435-3838
435-7848
'L
TOWN AD HOC/ADVISORY COMMITTEES
BICYCLEIPEDESTRIAN ADVISORY COMMITTEE
(Appointed 9-1-99/Willsunset upon adoption or Counn-wide Bievde Master Plan
(Meetis on As-Needed Basis)
Tyler Philips
Peter Winkler
Jordan Eth
Fred Mayo
Andrew Thompson
(Scott Anderson, Staff Liaison)
8 Audrey Court
104-A Main Street
122 Jefferson Drive
69 Eastview Avenue
18 Southridge East
LANES & PATHS COMMITTEE
(Appointed 12-6/00)
(Meets on As...Needed Basis)
Alice Fredericks, Planning Commission
Helen Lindquist, Parks & Open Space Commission
Leslie Lynch, Lyford's Cove/Old Tiburon POA
Andrew Thompson, Mayor
Scott Anderson, Staff Liaison
SENIOR HOUSING ADVISORY COMMITTEE
(Meets on As-Needed Basis)
Larry Smith, Chair
Hank Bruce
Larry Livingston
Jerry Riessen
Bill Smith
90 Lyford Drive
23 B Main Street
2311 Mar East
616 Ridge Road
131 Las Lomas Lane
N/A
N/A
N/A
N/A
N/A
435-8021
435-2677
381-0969
435-8160
388-4424
435-4021
435-9781
268-7126
388-9445/0306
229-8970/8987
N/A 435-9804 435-2641/2184
N/A ----------- 435-9118
N/A 435-6117 ----------
N/A 435-9934 -----------
N/A 435-4456 435-3332
OTHER COUNCIL APPOINTMENTS
Air Traffic over Marin County Issues - Councilmember Matthews
Expanded Ferry Service Ad Hoc Committee - Harry Matthews/Allan Littman!
(Anne Kasanin, Belvedere)
Hilarita Representative - Hank Bruce, 23B Main Street
Marin Commission on Aging - Mary Rogers, 2145 Centro East (6/02)
Mosquito Abatement Board - Co!. Roger Smith, 5 Wilkins Court
Town Treasurer - Bill Osher, 22 Southridge Road East
Zelinsky Park Committee - Chair Bruce Ross, 1807 Centro West
435-9803
435-9426
435-2065
380-8846
435-3414
3
435-9814 (FAX)
435-9118
Same
765-8366/
380-8947