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Home My WebLink AboutTC Ord 1971 - 1972 T-2(rev.) ORDINANCE NO. 97 N.S AN ORDINANCE CALLING A SPECIAL MUNICIPAL BOND ELECTION IN THE CITY OF TIBURON FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF SAID CITY THE MEASURE OF INCURRING A BONDED INDEBTEDNESS OF SAID CITY FOR THE ACQUISITION, CONSTRUCTION AND COMPLETION OF THE FOLLOWING MUNICIPAL IMPROVEMENT, TO WIT: REAL PROPERTY FOR OPEN-SPACE AND RECREATIONAL PURPOSES; DECLARING THE ESTIMATED COST OF SAID MUNICIPAL IMPROVEMENT, THE AMOUNT OF THE PRINCIPAL OF SAID INDEBTEDNESS TO BE INCURRED THEREFOR, AND THE MAXIMUM RATE OF INTEREST TO BE PAID THEREON; MAKING PRO- VISION FOR THE LEVY AND COLLECTION OF TAXES; AND FIXING THE DATE OF SAID ELECTION, THE MANNER OF HOLDING THE SAME, ESTABLISHING ELECTION PRECINCTS AND POLLING PLACES FOR SAID ELECTION, APPOINTING ELECTION OFFICERS THEREFOR, AND PROVIDING FOR NOTICE THEREOF. WHEREAS, the City Council (hereinafter sometimes called "the Council") of the city of Tiburon, California (hereinafter sometimes called the "City") by resolution duly passed and adopted at a meeting of the Council duly and regularly held, by affirmative vote of more than two- thirds of all its members, did determine that the public interest and necessity demand the acquisition, construction and completion of the municipal improvement hereinafter mentioned, and did further determine that the cost of said proposed municipal improvement will be too great to be paid out of the ordinary annual income and revenue of said municipality and that said municipal improvement will re- quire an expenditure greater than the amount allowed there- for by the annual tax levy, and will require the incurring of a bonded indebtedness the~efor, which resolution was duly entered on the minutes of said meeting of the Council, and is now on file and of record in the Clerk's office of the City; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TIBURON DOES ORDAIN AS FOLLOWS: Section 1. A special municipal bond election shall be and is hereby ordered and will be held in the City on Tuesday, October 3, 1972, at which election shall be sub- mitted to the qualified electors of the City the question of incurring a bonded indebtedness of the City for the object and purpose set forth in the following measure, to wit: MEASURE A: (Land Acquisition) Shall the City of Tiburon incur a bonded indebtedness in the principal amount of $1,250,000 for the acquisi- tion, construction and completion of the fol- lowing municipal improvement, to wit: Real property for open-space and recreational purposes? The estimated cost of the municipal improvement as set forth in said measure (including legal and all other fees incidental to or connected with the authorization, issuance and sale of the bonds evidencing the indebtedness proposed to be incurred for such municipal improvement and the costs of printing said bonds and all other costs and expenses incidental to or connected with the authorization, issuance and sale of said bonds) is the sum of $1,250,000 and the amount of the in- debtedness proposed to be incurred for said municipal improve- ment is the sum of $1,250,000. 2 Section 2. The Council does hereby submit to the qualified electors of the City at said special municipal bond election said measure set forth in Section 1 of this ordinance, and designates and refers to said measure in the form of ballot hereinafter prescribed for use at said election. (a) Said special municipal bond election shall be held and conducted, and the votes thereof canvassed, and the returns thereof made, and the result thereof ascertained and determined, as herein provided; and in all particulars not prescribed by this ordinance, said election shall be held as provided by law for the holding of municipal elections in the City. (b) All persons qualified to vote at municipal elections in the City upon the date of the election herein provided for shall be qualified to vote upon the measure submitted at said special municipal bond election. (c) The polls at the polling places hereinafter designated shall be opened at 7:00 o'clock A.M. of said day of election and shall be kept open continuously thereafter until 8:00 o'clock P.M. of said day of election, when the polls shall be closed (except as provided in Section 14436 of the Elections Code), and the election officers shall thereupon proceed to canvass the ballots cast thereat. (d) For the conduct of said special municipal bond election, the City is hereby divided into the number of special election precincts set forth herein, each of which shall comprise one or more of the general state and county election precincts into which the City is divided for general state and county election purposes, as follows: The special 3 election precincts hereinafter designated by letters or numbers each comprises one or more of the general election precincts into which the City is divided for general state and county election purposes and the general election pre- cincts hereinafter referred to by name or number or by name and number comprise the general election precincts as named or numbered (and so designated by name or number) for gen- eral state and county election purposes in the City by the Board of Supervisors of Marin County, State of California. Reference is hereby made to the records of the Board of supervisors of said County establishing general election precincts in the City as the same are now on file in the office of the County Clerk of said County for a more particu- lar description of said general election precincts as so named or numbered. Said special election precincts and polling places therein and the election officers appointed to conduct said election thereat are as follows: SPECIAL ELECTION PRECINCT 3001 (Comprising state and county election pre- cincts 3300 and 3301) POLLING PLACE: Tiburon Baptist Church 445 Greenwood Beach Road Tiburon, California Inspector: Mignon Stannard Judge: May Steward Clerk: Eugenia Thompson Clerk: Elieen Kinser 4 SPECIAL ELECTION PRECINCT 3002 (Comprising state and county election pre- cincts 3302 and 3303) POLLING PLACE: Del Mar School 105 Avenida Mira Flores Tiburon, California Inspector: Vivienne Winblad Judge: Joan Lucas Clerk: Geraldine Halvorsen Clerk: Veto Palmer . SPECIAL ELECTION PRECINCT 3003 (Comprising state and county election pre- cincts 3304 and 3307) POLLING PLACE: Reed School 1199 Tiburon Boulevard Tiburon, California Inspector: Helen Davis Judge: Barbara Spitzer Clerk: Margaret Schild Clerk: Lola Beardall SPECIAL ELECTION PRECINCT 3004 (Comprising state and county election pre- cincts 3305 and 3306) POLLING PLACE: Tiburon City Hall 80 Main Street Tiburon, California Inspector: Barbara Gnoss Judge: Irma Fritz Clerk: Sherill Brooks Clerk: Barbara Estudillo (e) The ballots to be used at said special muni- cipal bond election shall be substantially in the following form, to wit: No. MARK CROSS (+) ON BALLOT ONLY WITH RUBBER STAMP; NEV'E'RW'TfH PEN ORPENCIL. (ABSENTEE BALLOTS MAY BE MARKED WITH PEN AND INK OR PENCIL.) - - - (Fold ballot to this perforated line, leaving top margin exposed.) No. (This number shall be torn off by Inspector and handed to the Voter) .............. . . . . . . . . . . . . . . . .. MUNICIPAL BALLOT SPECIAL MUNICIPAL BOND ELECTION CITY OF TIBURON, CALIFORNIA TUESDAY, OCTOBER 3, 1972 INSTRUCTIONS TO VOTERS: To vote on the measure, stamp a cross (+) in the voting square after the word "YES" or after the word "NO". All marks except the cross (+) are forbidden. All distinguishing marks or erasures are forbidden and make the ballot void. If you wrongly stamp, tear or deface this ballot, return it to the Inspector of Election and obtain another. On absent voter ballots mark a cross (+) with pen or pencil. MEASURE SUBMITTED TO VOTE OF VOTERS YES MEASURE A: (Land Acquisition) Shall the City of Tiburon incur a bonded indebtedness in the principal amount of $1,250,000 for the acquisi- tion, construction and completion of the fol- lowing municipal improvement, to wit: Real property for open-space and recreation~l purposes? NO h (f) Each voter to vote for said measure hereby submitted and for incurring said bonded indebtedness shall stamp a cross (+) in the blank space opposite the word "YES" on the ballot to the right of said measure, and to vote against said measure and against incurring said indebtedness shall stamp a cross (+) in the blank space opposite the word "NO" on the ballot to the right of said measure. On absent voter ballots the cross (+) may be marked with pen or pencil. (g) The returns of said election shall be made out and signed by the election officers and shall be by them deposited with the City Clerk, together with the ballots cast at said election; and the Council shall meet at its usual meeting place and canvass said returns on Tuesday, the lOth day of October, 1972 (the first Tuesday after said election) at the hour of 7:30 o'clock P.M. and declare the result of said election. Section 3. The Council proposes to issue and sell bonds of the City for the object and purpose, but not ex- ceeding the amount, specified in said measure if said measure is approved at said election. Said bonds shall be negotiable in form and of the character known as serial, and shall bear interest at a rate not to exceed seven per cent (7%) per annum, payable semi- annually (except that interest for the first year after the date of said bonds may be made payable at or before the end of said year). Provision is hereby made for the payment of the principal of and interest on said bonds as follows: At the time of making the general tax levy after incurring the bonded indebtedness, and annually thereafter until the bonds are paid or until there is a sum in the treasury set apart 7 for that purpose sufficient to meet all payments of princi- pal and interest on the bonds as they become due, the Council shall levy and collect a tax sufficient to pay the interest on the bonds and such part of the principal as will become due before the proceeds of a tax levied at the next general tax levy will be available; provided, however, that if said bonds are authorized to be issued at said election, and it is expected that all or any part of said bonds will be sold at such time that the principal of or interest on such bonds will become due before the proceeds of a tax levied after such sale would be available to pay such principal or in- terest, the Council, at the time of fixing the annual tax levy, may levy a tax in an amount clearly sufficient to pay that portion of the principal of and interest on said bonds which it is expected will become due before the proceeds of the next succeeding tax levy will be available. If the earliest maturity of the bonds is more than one year after the date of issuance, the Council shall levy and collect annually a tax sufficient to pay the interest as it falls due and to constitute a sinking fund for the payment of the principal on or before maturity. Such taxes shall be levied and collected as other City taxes and shall be in addition to all other taxes and shall be used only for payment of the bonds and the interest thereon. Section 4. The City Clerk of the City is hereby directed, upon the passage and adoption of this ordinance, to publish the same once a week for two (2) weeks in THE EBB TIDE, which is a newspaper of general circulation pub- lished less than six (6) days a week in the City, and to post the same in three public places in the City for two succeeding 8 weeks, and such publication and posting shall constitute notice of said election. No other notice of the election hereby called need be given. Section 5. This ordinance shall be forthwith en- tered upon the minutes of the Council and in the Ordinance Book of the City. This ordinance, being an ordinance ca1l- ing and ordering an election, shall take effect from and after its final passage and approval. PASSED AND ADOPTED on July 24~ 1972, by the following vote: AYES: Councilmen Aramburu, Becker, Littman, Sennett NOES: None ABSENT: F anr'ling Attest: BERT BALMER ~ c~~~ # qy ~ .Lt Deputy City Clerk ,,) The foregoing ordinance was presented to me for approval and is hereby approved this 24th day of July , 1972. Q ORDINANCE NO. 96 N.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TrBURON REZONING CERTAIN PROPERTY IN THE VICINITY OF AVENIDA MlRAFLORES AND HACIENDA DRIVE FROM THE RO-l ZONE TO THE RO-IC (CLUSTER OVERLAY ZONE) The City Council of the City of Tiburon does hereby ordain as 'follows: Section 10 Amendment of Zoning Map The Zoning Map of the City of Tiburon is amended by changing the follow= iug described property from the RO-l (Single-Family Residential) zone to the RO-IC (Single-Family Residential Cluster Overlay Zone): ""t~~,~, aEciit'!lNc';'it- th;-~~t' -no~-~herly--corner of Avenlda rilr.flores as shown on that certain m~p entitled '~P OF FRANCISCO VISTA IN THE COUNTY OF KARIN-CALIFORNIA," filed for record on October 3, 1962 In Volume 11 of Maps at Page 43, Official Records of Marin County; thence from said Point of Beginning northwesterly In a straight line 398 feet more or less to the most southerly corner of lot 28 as said lot Is shown o~that certain mep entitled '~P OF DEL MIRAHAR IN THE COUNlY OF HARIN-CALlFORNIA", fl led for record on August IS. 1962 in Volume II of Maps 8t Page 33, Official Records of Karin County; th.n~e N 660061 E 433.22 feeti thence S 740081 E 292 feet. thence S 45024' E 696 feet. thence N 440)6'00" E 175 feet to a point on the centerline of that certain 50 foot easement commonly known as Hacienda Drive which line Is described in Deed from Nicholas S. Pedersen, et UX, to Jemes C. Reisinger, .t ux, recorded August 22, 1958 in Book 1212 of Official Records at Page 97, Karin County Records; thence southeasterly along last said line S 45024' E 200.00 feet to the most northerly corner of the lands described in the Oeed from S. H. Chapero to Reed Union School District of Harin County, State of California a political subdivision filed for record on December 2, 1966 In Book 2095 at Page 500, Official Records of Marin County; thence in a general southerly direction along the general westerly line of last said lands S 44036' w 35 feet; thence tangent to the preceding course along the arc of a curve to the left having 8 radius of 150 feet and 8 central angle of 50048'00", an arc length of 132.99 feet; thence tangent to the preceding curve S 6012'00" E 353.00 feet; thence N 8304~'OO" E 195 feet; thence from a tangent that bears S 6012'00" E along the arc of is curve to ,the right having.. radius of 345.00 feet and a central angle of 34039'30", an arc length of 208.69 feet; thence tangent to the preceding curve S 28027'30" W 53.29 feet more or less, to the southerly l'ne of Percel C-2, as said parcel Is described In Oeed from John A. Ragghiantl. 8t ux. to S. K. Chap.ro recorded on June 2, 1955 In Book 946 of Official Records at Page 82. Marin County Records; thence northwesterly alon9 last said line N 61032'30" w 399.88 feet to the point of Intersection of the two courses described as "South 45024' East 950.00 f,.et and South '1032'30'1 East 663.11 feet. thenc~ I.Ofl."W~Sl\:t' Iy c.long a lint' parA\ Jet with &\nd perpendicularly distant 461 feet southwester Iy f rom the cente, I; ne .i;.nd i t~ pI 0' onlJ.ll Ion of the above ..ntloned 50 foot ea~ement ?~ ~. 'flt.t~:~~l=~'o;.'I~~:' ~"4S.;4 ~..~~ 950 ~~~~~~~ p:i;t ~'7' 'r.':AY.~"'.~~~ .~ . thereon. thence leaving saId parallel line S 76-43'50" W 327.50 feet more or less to a point being distant N 85015' E 402 feet and N 41017' E 312 feet from the southeast corner of Lot 20 as said lot Is shown on that certal n map ent I t led "MAP OF DEL MAR ESTATES UN IT I IN THE COUNlY OF MARIN-CALIFORNIA," filed for record on October 26, 1955 In Vol.. 8 of Haps at Page 102. Official Records of Kerin County; thence S 41-'7' W 7.19 feet to a point of intersection with the northeasterly Ifne of ,he abOVe mentioned Avenlde Mlraflores as shown on said map of Francisco Vista; thence along said northeasterly line of Avenlde Hrraflo~es N 45030' W 4.42 feet to the Point of BeginnIng and containing 16.549 acres of land more or less. .:~:. The description of the above described property is based on compilation of record data end II not the relult of a field survey. ~.." ............. "i!'d;.!l~___~""It;';~di.*~:..,~.:Y;;":-_.. ." . _;': '~;~~;~::1~;:~;~~;,1._~ ____ (1) Draft Date: 7/6/72 Section 2. Se>>arabilitv. If any section, provision, sentence, clause or phrase of this ordinance is, for any reason, declared to be invalid, such decision shall not affect the validity of the remaining sections, sentences, clauses or phrases of this ord- inance, it being the intent of the City Cpuncil of the City of Tiburon that this ordinance shall stand notwithstanding the invalidity of such section, sentence, clause or phrase. Section 3. Effective ~~. This ordinance shall take effect and be in force thirty days after the date of passage, and before the expiration of fifteen days after its passage the same shall be published, with the names of the members voting for and against the same, at least once in a newspaper of general circulation published in the City of Tiburon. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tiburon held on July 24, 1972 , 1972, by the following vote: AYES: COUNCILMEN: Aramburu, Becker, Littman, Sennett NOES: COUNCIlMEN: None ABSENT: COUNCIUIEN: Fanning ATTEST: u) ~ ~~ BERT BALMER, City Clerk/Uanager Draft Date: 7/6/72 -2- ORDINANCE NO. 95 N.S. AN ORDINANCE OF THE CITY OF TIBURON M,mNDING ORDINANCE NO.9 N.S., THE ZONING ORDINANCE BY PROVIDING FOR THE ISSUANCE OF TE!'lPORARY USE PERHITS FOR OUTDOOR AND SEASONAL USES IN THE PO (PLANNED DEVELOPvm~~) ZONE The City Council of the City of Tiburon does ordain as follows: Section 1. Amendment Section 10-l0(J) of Ordinance No.9 N.S., The Tiburon Zoning Ordinance, is hereby amended to read as follows: "(J) Temporary Use Permit for Parking Lot, Outdoor and Seasonal Rental and Sales Uses: Notwithstanding anything contained elsewhere hereinabove, the City Council may, upon application duly made, authorize the issuance of a temporary use permit for a period not to exceed one (1) year, for the temporary use of land located in a Planned Development Zone which land is not immediately adjacent to residential zones as a parking lot or for outdoor sales and rentals of a seasonal or recreational nature, or similar appropriate uses as follows: 1. Application for a temporary use permit shall be filed with the Development Administrator on a form furnished by said Administrator, accompanied by a site plan and a fee as established by resolution of the Ci:tY Council. t~hen the applicant is not owner of the property the written authorization of the owner shall accompany the application. 2. Within fifty-five (55) days after the filing of the application with the Development Administrator, the City Council shall hold a hearing on the application at a regular or special meeting. Failure of the City Council to make a decision within thirty (30) days after the hearing shall constitute a denial of the application. 3. All permits granted hereunder shall expire and become null and void one (1) year after the date said permit is granted, unless the permit provides that it is for a lesser period of time. The permit shall run with the land unless otherwise provided. 4. In considering an application filed hereunder the City Council shall give due regard if applicable to the necessity of encouraging use by residents of off-street parking facilities, to the need for regulating the character and standard of off-street parking, and to the nature and condition of all adjacent uses of land and structures and shall, before granting any such-temporary permit, make a finding that approval would not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons or property in the City. 5. The City Council may impose such requirements and conditions with respect to location, design, landscaping, lighting, siting, maintenance and operation as may be reasonably deemed necessary for the protection of other property in the vicinity, and for the purpose of carrying out the provisions and standards set forth in this Subsection (J). The property will be returned to its original state or as directed by council in granting the use permit upon completion or expiration of the permit or the use for which it was originally granted. Non-compliance with such terms and conditions as may be imposed shall constitute good cause for the revocation of said permit after notice and hearing. Revisions of the terms or conditions of the permit shall require a new permit. 6. No permit granted under this Subsection (J) shall authorize, or be deemed to have authorized, the erection, construction, or maintenance of any permanent improvement of any kind or character. Revised: 6/19/72 -1- 7. Permits granted hereunder may be renewed from time to time by the City Council, upon application therefor, but no such extension shall be for a period in excess of one (I) year at anyone time. I; Section 2. Separability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Tiburon hereby declares that it would have adopted the ordinance and each 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. Section 3. Publication This ordinance shall take effect and be in force thirty days after the date of passage, and before the expiration of fifteen days after its passage, the same shall be published with the names of the members voting for and against the same, at least once in a news- paper of general circulation published in the City of Tiburon. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tiburon held on June 26th , 1972, by the following vote: AYES: COUNCILMEN: Aramburu, Fanning, Littman, Sennett NOES: COUNCILMEN: None ABSENT: COUNCILfIJEN: Becker I!it~ Mayor of the City of Tiburon ATTEST: BERT BAL~r/ClerJ' Draft Date: 3/2/72 Revised Date: 4/18/72 -2- ORDINANCE NO. 94 N.S. AN ORDINANCE OF THE CITY OF TIBURON AMENDING SECTION 10-7 (C) 2 OF ORDINANCE NO.9 N.S., THE ZONING ORD- INANCE. BY DELETING A PORTION THEREFROM The City Council of the City of Tiburon does hereby ordain as follows: Section 1. Amendment. Section 10-7 (C) 2 of Ordinance No.9. N.S. is hereby amended by de- leting the following therefrom: If or with Design Review and approval, a minimum parcel area per dwelling unit of 3,000 square feet may be a llo'~ed; If Section 2. Separability. If any section, subsection, sentence, clause or phrase of this ord~ inance is for any reason held to be invalid or unconstitutional by the de- cision of a Court of competent jurisdiction, such decision shall not ~ffect the validity of the remaining portions of the ordinance. The City Council of the City of Tiburon hereby declares that it would have passed this ordinance, and each section, subsection, 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 3. Effective Date. This ordinance shall take effect and be in force thirty days after the date of passage, and before the expiration of fifteen days after its passage the same shall be published, with the names of the members voting for and against the same, at least once in a newspaper of general circulation published in the City of Tiburon. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tiburon held on June 26th ,l9~, by the following vote: AYES: COUNCILMEN: Aramburu, Fanning, Littman, Sennett NOES: COUNCILMEN: None ABSENT: COUNCIlMEN: ATTEST: a27L1.L BERT BALMER, City Manager, Clerk By clate date: 6/7/72 ORDINANCE NO. ~N.S. AN ORDINANCE OF THE CITY OF TIBURON ESTABLISHING LICENSING REQUIRENENTS FOR THE KEEPING OF HORSES: PRESCRIBING REGULATIONS FOR THE r,1AINTENANCE OF HORSES, CORRALS A1\YD PASTURES AND FOR THE HAINTENANCE OF PRIVATE STABLES HITHIN THE LIHITS OF THE CITY OF TIBURON The Council of the City of T~buron does ordain as follows: Section 1. PURPOSE. This ordinance is adopted to establish licensing requirements for the keeping of horses and to regulate the keeping and maintenance thereof in order to protect and promote the public health, safety, welfare', comfort and convenience, while per- mitting residents to keep horses under appropriate conditions. This ordinance is intended to provide a basis for safe and healthful conditions. It is the intent that the regulations not be applied arbitrarily, and for this reason specific provisions are included authorizing exceptions after public hearing before the City Council. No horse may be kept or maintained in the City of Tiburon without the owner obtaining both a use permit under the provisions of the Zoning Ordinance and a license under the provisions of this ordinance. Section 2. DEFINITIONS. For the purpose of this ordinance certain words and phrases are defined as follows and certain provisions shall be construed as herein set forth unless it shall be apparent from the context that they have a different meaning. Corral: A fenced area for the confinement of horses. Any fenced area with less than one acre of net land in which any horse is kept shall be deemed to be a corral, but the minimum area in which each horse may be confined shall be six hundred (600) square feet. Horse: Any member of the horse family including, but not limited to, donkeys and mules. Pasture: A fenced plot of g.cound other than Dorral used for the confinement of horses: Horse Stable: A building or portion thereof designed or used for the housing or feeding of horses. Horse, Maintenance for Private Use: The keeping of horses by residents of Tiburon for private use, not for hire or rental and not primarily for remuneration or sale. Section 3. CONFORHITY REQUIRED. It shall be unlawful for any person to keep or ma~ntain or cause to be maintained in the City of Tiburon, any horse except in conformance with the provisions of this ordinance and with the provisions of the Zoning Ordinance. No horse shall be kept without obtaining a permit pursuant to the requirements of this ordinance. Such permits shall be issuable on any business day of the year and shall expire on June 30 of each year thereafter, unless revoked due to violation of provisions herein. Fees for permits required under this ordinance shall be fixed annually by resolution of the City Council. Permits shall be renewable annually upon payment of the required annual fee unless evidence of violation has been received by the City Clerk. Section 4. GENERAL PROVISIONS. (a) All horses shall be kept in a corral or stable meeting the requirements of this ordinance unless kept in a pasture under conditions meeting the requirements of this ordinance. (b) Constructions of Pastures, Corrals and Stables: All corrals and pastures shall be enclosed by a substantial fence. Draft Date 3/6/72 Revised 5/3/72 Revised 5/16/72 Revised 6/20/72 Corrals for the enclosure of stallions shall conform to the State of California statutes and regulations governing safety fencing. All new stables shall be built in conformance with the Building Code of the City of Tiburon. (c) Fire Protection: The keeping of horses and buildings and structures for this purpose shall conform ,~ith the fire protection standards and policies of the City of. Tiburon as established by resolution of the City Council. (d) Drainage of Premises: Every parcel of land upon which horses are maintained shall he well drained. The surface of all corrals or enclosures shall be graded so as to prevent the aCCUMulation of storm or casual waters, and so to prevent erosion of top soil into water courses or drainage ditches or conduits. (e) ~laintenance - Sanitary Conditions: It is hereby declared to be a nuisance and it shall be unlawful to keep any horses or premises which, in the opinion of a health officer, are in an unsanitary or unhealthy condition. (f) Inspections: Every premises for t~hich a permit is issued shall be subject to inspect10n by City officials and the holder of any permit shall agree to such inspections as a condition of the granting of such permit. Section 5. HAIUTENANCE 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 require- ments of this ordinance. (a) ~Plication for Permit: Each application for permit shall be made to the 1ty Clerk upon a form provided by the City for such purpose and shall be accompanied by a site plan sho'1ing the location of the proposed stable, corrals,fences and other structures and facilities for the maintenance of horses 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 100 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 be required. The Development Administrator shall <Jive notice of the application no less than ten (10) days before acting on the application by mailing postcards to all property owners within 300 feet of the ex- terior boundaries of the parcel, or to such owners as in his discretion might be materially affected, using the ownerships, names, and addresses 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 City 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 the notice shall not in- validate the proceedings. Section 5a(ii). A~plication for Per.mit: Applications for a permit may be made only by a res1dent of the City of Tiburon \Alho ml7nS or will own the horse as to which a permit is sought, or if he is not a resident, owns the land upon \-1hich the horse is to be kept and maintained. I f 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 maintained, the application shall disclose the name an0 address of such owner, shall be co-signed by said owner, and the signature by sain owner shall be a consent to be fully responsible for all injury and damage which may be occasioned to other persons by the keeping or maintenance of said horse on the land in question. (b) Issuance of Permit: If, in the opinion of the City Clerk, it appears that the requirements of this and other applicable C~ty 0:dinanc7s and State laws will be met, a permit shall be issued as pr~v1de~ ~n Sect10n 5 hereof. The decision of the City Clerk may be appealed 1n wr1t1ng to the City Council within ten (I)) days after the date of mailing notice of the decision by the applicant or by any neighboring property owner. The ~ity Council, at a regular meeting not later than thirty (30) days follow- Revised Date: 6/20/72 (:~ ) ing the receipt of the notice of appeal, shall hear such evidence as may be introduced concerning said appeal and make its findings and decisions thereon. The City Council may continue the hearing from time to time, and shall have the authority to affirm, reverse, or modify the action appealed from1 based on the record on appeal and the evidence received at the hearing. The decision of the Council shall be final and conclusive. (c) Location and Area Requirements: 1. The minimum lot ar~a upon which one or b~o horses may be kept shall be one acre. An additi0Hal horse may be kept on each additional one-half acre. 2. The minimum c::.rea in which each horse may be confined shall be 600 square feet. 3. The distance of a stable from a neighboring house shall be not less than 80 feet, unless properly authorized by action taken under Section 8, EXCEPTIONS. 4. The minimum dis tance of a stable building from any neigh- boring parcel line or from any street or residence on the same lot shall be not less than 40 feet. 5. The m1n1mum distance of a pasture or corral from any neighboring parcel line or street parcel line shall be 10 feet, or such greater distance as the applicable Zoning Ordinance provision may provide. 6. Stable buildings shall be so sited or constructed as to not present an unsightly appearance to neighboring properties. Section 6. VIOLATIONS. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this ordinance, or any permit issued hereunder, and any use of any land, building or premises established, conducted, operated or maintained contrary to the provisions of this ordinance, or any permit issued hereunder, shall be, and the same is hereby, declared to be unlawful and a public nuisance; and the City Attorney shall upon order of the City Council commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law and the ordinance of this City and shall take such other steps and shall apply to such courts as may have jUl.<isdiction to grant such relief as will abate and remove such building or structt;..ce, and restrain and enjoin any person, firm or corpo~ation from setting up, erecting, building, maintain- ing or using any such building or structure or using property contrary to the provisions of this ordinance. The remedies provided for herein shall be cumulative and not exclusive. All cost relating to the enforce- ment of the provisions of this ordinance shall be borne by and recoverable from the person or persons in violation thereof. Section 7. REVOCATION OR SUSPENSION OF PERMIT. Any permit granted hereunder shall be subject to revocation or suspension by the City Council for failure to comply with the provisions of this ordinance. The following procedures shall be observed. A notice shall be served on the person holding said permit specifying wherein he is failing to comply with this ordinance or with any terms or conditions 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 (5) days after the serving of said notice on said permit holder, to show cause at siad time and place why said permit should not be revoked or suspended. At such time and place the person holding said permit shall have the right to appear in person or by counsel and to introduce such evidence as he may desire, and the Development Administrator shall con- front said penni t holder ,.li th any charges that said Development Administrator may have against him, and after said hearing, the Development Administrator may, if in his opinion the permit holder has violated the terms of hi.s permit, revoke or suspend said permit. No horse shall thereaf~er 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 Revised Date: 6/20/72 ( 3) by the City Clerk. If any permit is revoked or suspended, the person holding said permit may appeal said decision to the City Council. Section 8. EXCEPTIONS. The City Council shall have the right to modify the strict application of this ordinance where there are extra- ordinary conditions affecting the property of the applicant. In such cases, the applicant shall request a public hearing before the City Council, and if , after such public hearing, the Council finds that by following the strict letter of this ordinance, unreasonable restrictions, unnecessary or extraordinany hardships or damage will be imposed upon the applicant, then any of the provisions or regulations hereof may be modified in harmony with the general purpose and objectives hereof to the end that the public health, safety and welfare may be secured. Section 9. SEVERABILITY. If any provision of this ordinance, or the application thereof to any person or circumstances, is held invalid the remainder thereof and the application of such provisions to other persons or circumstances shall not be affected thereby. Section 10. SHORT TITLE. This ordinance may be known and cited as the Horse License Ordinance. Section 11. EFFECTIVE DATE~ This ordinance shall take effect and be in force thirty (30) days after the date of passage, and before the expiration of fifteen (15) days after its passage the same shall be published, with the names of the members voting for and against the same, at least once in a newspaper of general circulation published in the City of Tiburon. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tiburon held on June 26 ,1972, by the following vote: AYES: COUNCILI.1EN: Aramburu, Fanning, Li ttrnan, Sennett NOES: COUNCILl'JEN: None ABSENT: COUNCILHEN: Becker ATTEST: BERT BAL~&anaqer Draft Date: 12/28/70 ~evised Date: 3/23/71 ~~vised Date: 4/5/72 Revised Date: 5/16/72 Revised Date: 6/20/72 (4) ORDINANCE NO. 92 N.S. AN ORDINANCE OF THE CITY OF TIBURON AMENDING DlU)!NANCE NO.. 9 N. S. BY ADOPTING PREZONING OF CERTAIN PROPERTY TO THE PD ZONE EFFECTIVE UPON ANNEXATION TO THE CITY OF TIBURON The City Council of the City of Tiburon does hereby ordain 8S follows: Section 1. !'i?2!J:.2P..-<<2J_Ls..e..!.2.ning. Ordinance No. 9 N~ S., the Zoning Ordinance of the City of Tlburon 1s hereby _meaded by adopting prezo~ing of the foll~~ing described property to the PI) Zone effective upon annexation to the City of Tiburon: That certain real prcperty situated in the County of Marin, State of California, describ~d as follmfs: Beainnina at a point on the weaterly boundary of the Reed Ranch, distant thereon North 2'06' 50" West, 348.17 feet from the northeast corner of Lot 13 as said lot is shown on that certain map entitled "Hap of Bagle Rock Estates" recorded October 11, 1960 in Volume 10 of Haps at Page 81, Marin County Records; thence continuing along .aU vesterly boundary of the Reed Ranch, North 2 '06' 30" '''eGt, 1, 258.38 feet to the southerly boundary described in the deed from Henry P. Boyd to Louise S. Boyd recorded January 16, 1952 in Book 725 of Offici.al RecoI'ds at Page 546, Marin County Records; thence along said southerly boundary South 89.17' 38" Bast, 2,168 feet more or les. to the vesterly right-of~ay of the San Francisco and San Rafael Railroad Company; thence along said westerly railroad right-of-way South 27857' 10" East, 660 feet more or less; thence leaviog said riaht-of-way.along a curve to the left having a radius of 2,950 . feet, an arc length of 1,029.74 feet to a point of compound cur- vature to the left having a radius of 200 feet, and arch length of 333.36 feet to a point; thence South 49-49' 10" East, 472.21 feet; thence South 26.49' 10" East, 450 feet more or less; thellce South 45 "'est, 3'~0 feet mo.e or less; thence South 88" 28' 40" West, 400 feet to the nort.heasterly boundary of that land described in the deed from Thomas B. Deffebach, Jr. et all to Arthur Jampalsky, recorded, recorded July 15, 1;50 ~n Book 1382 of OffiCial Records at Page 447 l~rin County Records; thence along said northeasterly boundary the following three (3) courses: (1) North 13. 07' SO" West, 279.60 feet, (2) North 50. 10' 50" West, 1,007.20 feet, (3) South 88' 28' 40" West, 236.6 feet; thence leaving said northeaste.ly boundary along the arc of a curve to- the right having a radius of 260 feet, an arc lenath of 98. 20 feet; thence South 648 59' 08" West, 200.08 feet; thence along a curve to the right having a radius of 395 feet, an arc length of 144.88 feet; thence South 86. West, 1.98 feet to the southerly risht-of-way of Eagle Rock Road; thence North 2.06' SO" West, 60. 03 feet to the northerly right-af-way of Eagle Rock Road; thence along a cur~c to the left having a radius of 335 feet, an arc leoath of 122.87 feet; thence North 2.06' 50" West, 103.26 feet; thence South 88828' 40" West, 119.33 feet; thence North 2"06' 50" West, 12 feet more. or less; thence North 8S'28' 40" East, 40 feet; thence North 2'06' 50" West, 60 feet; thence South 84'42' 44" East, 139.4!> feet; thence North 2"06' 50" West, 241.20 feet, thence South 88. 28' 40" ~lest, 178.24 feet to the point of beginning. Containing 90 acres more or less. Section 2. Separability. If any section, subsectio~~, sentence, clause or phrase of this ordinance is for any reason hel~ to te invalid or unconstitutional by the decision of a court of competent jurisdict'on, such decision shall DOt affect the validity of the remaining portions of the ordinance. Tbe City Council of the City of Tiburon hereby declares that it uould have passed this ordinance, Draft date: 5/22/72 (1) I i ~ " and each sectlon, subsection, clause or phrase thereof, iTrespective of the fact anyone or more other sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutuional. Section 3. Effective Date. this ordi~nce shall take effect and be in force thirty days after the date of pass3ge, can before the expiration of fifteen days after its passage the same shall be published, with the names of the mcmbez:s voting for an against the came, at least once in a .nmlspaper of generalciraulation published in the City of Tiburon. PASSED Aim ADOPl'ED at a regular meeting of the City Council of the City of Tiburon held on June 12 , 19--23..., by the following vote: AYES: COUNCILMEN: Ararnburu, Fanning, Littman, Sennett NOES : COUNCILMEN: None ABSENT: COUNCILHIN: Becker ~lfiff Mayor of the City of TibuTon AttEST: ~L DIU BALMER, City Clerl~ Draft Date: ~/22/72 (2) OIlDINA.NCE NO...!LN.S. AN ORDINt\NCE AUTHORIZING AN AMENllmNT 1'0 '1'BE CON'J1IACT BElWEEN mE CITY COUNCIL OP THE CI'l'Y OF tDlJIOHAND '1'BB BOI\RD OF ADMINISDATION OF mE CALIfORNIA PUBLIC EHPLOYBES' RETIBEMENT SYS'l'EM The City Council of the City of Tiburon does hereby ordain as follows: Section 1. Amendment That an amendment to tbe Contract between the City Council of the City of Tiburon and the Board of Administration, california Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked "Exhibit AIt, and by such reference made a part hereof as though herein set out in full. Section 2. Authorization The Mayor of the City Council of the City of Tiburon is hereby author- ized, empowered, and directed to execute said amendment for and on behalf of said Agency. Section 3. Separability If any section, subsection, sentence, clause or phrase of this ordinance is for any reason beld to be invalid or unconstitutional by the decision of a Court of competent jurisdiction, such decision shall not effect the validity of the re- maining portions of the ordinance. The City Council of the City of Tiburon hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clause or phrases may be declared invalid or unconstitutional. Section 4. Effective Date This ordinance shall take effect and be in force thirty days after the date of passage, and before the expiration of fifteen days after its passage the same sball be published, with the names of the members voting for and against the same, at least once in a newspaper of general circulation published in the City of Tiburon. PASSED AND ADOPTED at an ~~ meeting of the City Council of the City of Tiburon held on May 30th , 1972, by the following vote: AYES: COUNCILMEN: Aramburu, Becker, Fanning, Littman, Sennett NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None {)i.1LfI~W{ Mayor of the City of Tiburon A TmsT: 0/~L BERT BA~, City Manager/City Clerk Draft date: 5/16/72 AMEIIDMENT TO CO:NTRACT BETWEEN THE BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' ImrIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF TIBURON The Board of Administra:tion, Public ~loyees I Retirement System, hereinafter referred to as Board and the CITY COUNCn of the CITY OF TIBURON, hereinafter re- ferred to as Public Agency having entered into a contract under date of February 8, 1967, effective February 1, 1967, and as provided by Chapter 170, statutes of 1971 and Cb8pter 316, statutes of 1971, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. pa.ra.gra.phs 1 through 10 are hereby stricken from said contract as executed effective February 1, 1967, and are hereby replaced by the following para- graphs numbered 1 through 10 inclusive: 1. All words and terms used herein which are defined in the Public Employ- ees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement agett sba.ll mean age 60 for miscellaneous members and age 55 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after February 1, 1967, making its employees as here- inafter provided, members of said system subject to all provisions of the Public Employees I Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except such as by express provision thereof apply only on the election of contracting agencies. 3. Employees of Public Agency in the following classes shall become mem- bers of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local firemen (herein referred to as local safety members); b. Local policemen (herein referred to as local safety members); c. Employees other than. local safety members (herein referred to as miscellaneous members). The following employees shall be excluded from membership in said Retirement System: NO ADDITIONAL EXCLUSIONS Ret. Form 702-1 4. The fraction of final compensation to be provided for each year 01' credited prior and current service as a miscellaneous member upon retirement at normal retirement age sbal.l be 1/50 and sba.l.l be applied as provided in Section 21251.13 of said Retirement Law. 5. The fraction 01' final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21252.6 of said Retirement Law. 6. Contributions for miscellaneous and local safety members shall be subject to Sections 20603 and 20605 respectively, of said Retirement Law. 7. The following additional provisions of the Public Employees' Retire- ment Law which apply only upon election of a contracting agency sball apply to the Public Agency and its employees: a. Section 20952.2 (providing for age 50 as the minimum voluntary retirement age for local safety members with benefit payments commencing prior to age 55 subject to actuarial discount). 8. Public Agency shall. contribute to said Retirement System as follows: a.. With respect to miscellaneous members, the public agency shall contribute the following percentages of monthly salaries earned as miscellaneous members of said System: (1) 0.31 percent until June 30, 1990 on account of the, liability for prior service benefits. (2) 7.65 percent on account 01' the liability for current service benefits, said percentage being fixed by Section 20750 of the Retirement Law. b. Wi th respect to local safety members, the public agency sba.1l contribute the following percentage of monthly salaries earned as local safety members of said System: (1) 14.00 percent on account of the lia.bility for current service benefits. c . A reasonable amount per annum, as fixed by Board to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or the periodical investigation and valuation required by law, provided that said amount shall be determined on the basis of the number of em,ployees of Public Agency who are reported as members on a payroll designated by the System covering one month of each year, or with respect to the first year of participation, on the effective date of said participation. Ret. Form 702-2 d. A reasonable amount as fixed by the Board, payable in one in- stallment as the occasions arise, to cover costs of special valuations on account of employees of Public Agency, and costs of the periodical investigation and valuation required by law. 9. Contributions required of Public Agency and its employees sball be subject to adjustment by Board on account of amendments to the Public Employees I Retirement Law, and on account of experience under the Retirement System, as determined by the periodical investigation and valuation required by said Retirement Law. 10. Contributions required of Public Agency and its employees sba.l1 be paid by Public Agency to the Retirement System within thirty days after the end of the period to which said contributions refer. If more or less than the correct amount of contribution is paid for any period, proper adjustment sba.1l be made in connection with subsequent remittances or adjustment on account of errors in contributions re- quired of any employee may be made by direct cash payments between the employee and Board. Payments by Public Agency to Board may be made in the form of -warrants, bank checks, bank drafts, certified checks, money orders, or cash B. This amendment shall be effective on the 30th day of June, 1972 · Witness our bands this 30th day of May, 1972 BOARD OF ADMINISTRATION PUBLIC EMPLOYEES 1 RErIREMENT SYSTEM CITY COUNCIL OF THE CITY OF TIBURON BY William E. Payne, Executive Officer Attest: & (tieL Clerk Ret. Form 702-3 onDlNANCE NO. 90 N.S. AN ORDINANCE OF THE CITY OF TIBURON AHENDING ORDINANCE NO.9 N. S., THE ZONING ORDINANCE, BY ADDING SECTION 23 (L) SO AS TO PnoVIDE FOn THE REGULATION OF THE KEEPING OF HORSES IN RESIDENTIAL ZONES. AND BY REVISING SECTIONS 10- l-B (B) 3., AND 10-2- (B) 3. The City Council of the City of Tiburon does hereby ordain as follows: Section 1. AMErID~mNT Ordinance No. 9 N.S. the Zoning Ordinance of the City of Tiburon, is hereby amended by adding Subsection (L) to Section 23 to read as follous: L "(Ji). The keeping of horses in A-2, AR, RO-l, RO-2, R-l, and UP zones, subject to the obtaining of a license for each horse pursuant to the Tiburon Horse License Ordinance. Each such use pe~it shall be te~inable upon the re- vocation of the license issued under the Horse License Ordinance and subject to the minimum lot area requirements of the said ordinance." Section 2. ~1eNDlmNT Ordinance No.9. N.S., the Zoning Ordinance of the City of Tiburon, is hereby amended by deleting Section lO-l-B (B) 3. Section 3. ~mNm,mNT Ordinance No.9 N.S., the Zoning Ordinance of the City of Tiburon, is hereby amended by deleting Section 10-2 (B) 3. Section 4. SEVE~\BILITY If any section, sub~ection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council of the City of Tiburon hereby declares that it uould have passed this ordinance, and each section, sub- section, clause or phrase thereof, irrespective of the fact that anyone of more other sections, subsections, clauses or phrases may be declared invalid or un- constitutional. Section 5. EFFECTIVE DATE This ordinance shall take effect qnd be in force thirty (30) days after the date of passage, and before the expiration of fifteen (15) days after its passage the same shall be published, with the names of the members voting for and against the same, at least once in a newspaper of general circulation pub- lished in the City of Tiburon. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tiburon held on May 22nd , 1972, by the following vote: A YES: COUNCILMEN: Aramburu, Becker, Fanning, Littman, Sennett NOES: COUNCILHEN: None ~~~ Mayor of the City of Tiburon ABSENT: COUNCIUIEN: None ATTEST~ ~L BERT BAUmR, City Clerk Draft Date: Revised: Revised Revised 12/28/70 3/23/71 4/5/72 5/16/72 ORDINANCE NO.~N.S 0 AN URGENCY INTERIM ORDINANCE OF THE CITY OF TIBURON REGULATING, BY USE PERMIT, THE DEVELOPMENT OR SUBDIVISION OF PROPERTY WITHIN THE CITY OF TIBURON WHICH MAY BE IN CONFLICT WITH CONTEMPLATED ZONING AND PlANNING PROPOSALS The City Council of the City of Tiburon does hereby ordain as follows: Section 1. Findings and Prohibition. Sections 65563 through 65568 of the Government Code of the State of California provide that the City of Tiburon shall, by June 30, 1972, prepare and adopt a local open-space plan for the compre- hensive and long-range preservation and conservation of open space land within its jurisdiction, and that no building permit may be issued, and no subdivision map may be approved, unless the proposed construction or subdivision is consistent with the open-space plan to be adopted. Sections 65910 through 65912 of the Government Code of the State of California provide that the City of Tiburon shall, by January 1, 1973, adopt an open-space zoning ordinance consistent with the aforementioned open-space plan. In addition, the City has retained the services of Williams & Mocine to prepare the open-space plan, and the Planning Staff of the City is considering and studying zoning proposals for the real property which is subject to this ordi- nance, which may be inconsistent with any development or subdivision of said property. No subdivision, nor any new use of land, buildings or structures shall hereafter be allowed or established during the term of this interim ordinance, including any extensions thereof, on any of the property described in this ordinance, unless and until a use permit has been issued therefor under the terms of this ordi- nance. Section 2. Identification of Property. The property which is subject to this ordinance is as fol- lows: Draft date: 4/19/72 Ie Section 3. A. Application for a permit shall be filed with the Develop- ment Administrator on a form furnished by him, accompanied by a site plan and a fee of Forty Dollars ($40.00), no part of which may be refunded. If the applicant is not the owner of the property, the written authorization of the owner shall accompany the application. B. Not later than fifty-five (55) days following the filing of an application for such permit, the matter shall be heard by the City Council. C. In considering the application, the City Council shall give due regard to the nature and condition of all adjacent uses and structures, and may impose such requirements and conditions with respect to location, design, siting, maintenance, and operation of the use, in addition to those expressly provided in the zoning ordi- nance for the particular use, as may be necessary for the protection of adjacent properties and in the public interest and welfare. Be- fore issuing such permit the Council shall determine that the subdi- vision, or use, as the case may be, will not be detrimental to the Assessor's Parcel No. 39-121-11 39-121-07 39-121-06 39-121-05 39-l2l-08 39-121-09 39-121-10 39-081-03 39-081-15 39-081-17 39-08l-l8 39-081-12 Use Permit Procedure Draft date: 4/19/72 2. health, safety, peace, IN:>rals, comfort or general ,.,elfare of persons or property wi thin the City, and that such subdivision or use will be consistent with the contemplated open-space plan and open-space zoning ordinance as may be adopted by the City provided that the use permi t procedure shall not be used to prevent the owner of the property from br. ing able to have no more than the number of un! ts on such property as the area is n~~ zoned for, treating all the parcels as a whole. Section 4. Urgency. This ordinance is hereby declared to be an interim urgency ordinance and is required for the immediate preservation of the public peace, health, safety, comfort, morals and general welfare of the City of Tiburon, and its residents, for the reasons set forth above, and shall be effective for a period of four (4) months from the date of its adoption. Section 5. Separability. If any section, subsection, sentence, clause or phrase of this f"''t7dinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, such decision shall not affect the validity of ~e remaining portions of the ordi- nance. The City Council of the City of Tiburon hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or IN:>re sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. Section 6. Effective Date. This ordinance shall become effective immediately upon its passage, and within fifteen (15) days thereafter, the same shall be published, with the names of the members voting for and against the same, at least once in a newspaper of general circulation published -3- in the City of Tiburon. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tiburon held on April 24 following vote: , 1972, by the AYES: NOES: ABS ENT : Councilmen: Ararnburu, Becker, Fanning, Littman, Sennett Co~ncilmen: None Councilmen: ATTEST: --- // .-;1 /) L /! ') , / =ft ,_-#'~c'-- - . ~~'-- BERT BALMER, lty Manager/Clerk Draft date: 4/19/72 4. ORDINf\NCE NO...M.... N. S . AN URGENCY INTERIM ORDINANCE OF THE CI'lY OF TIBtJRON PROHIB- ITING THE DEVELOPMENT OR SUBDIVISION OF PROPERTY WITHIN THE R - 3 ZONE WICH M\ Y BE IN CONFLICT WITH CONTEMPIA TIm ZOJUNG PROPOSALS The City Council of the City of Tiburon does hereby ordain al follows: Section 1. Findin2s and Prohibition. Ordinance No.9 N.S., the Tiburon Zoning Ordinance, presently provides that the Tiburon Board of Design Review shall pass upon the Precise Plan which is required to be submitted by the developer of property within the &-3 zone. The City Council is presently considering amendments to the Zoning Ordinance which would require revie,,;~ by the Ci ty Council, insofar as development in the &-3 zone is concerned, and which would modify the requirements for design review approval as to the &-3 zone. In order to permit sufficient time for the City Council to receive, examine and act upon the recommendations of the Plaoning Staff and Planning Commission as to the adoption of such amendment, it is necessary that any development or subdivision of said property which may be inconsistent with the contemplated amendments be prohibited for a period of four (4) months from the date of this ordinance. Accordingly, all development or subdivision of any property located within the R-3 zone of the City of Tiburon is hereby prohibited for a period of four (4) months from the date of this ordinance. Section 2. UrRency This ordinance is hereby declared to be an interim urgency ordinance and is required for the immediate preservation of the public safety and general welfare in terms of density, traffic, drainage, slide conditions and other matters material to the safe and proper development of the &-3 area of the City of Tiburon. Section 3. Separability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a Revised Draft Date: 4/24/72 -1- court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council of the City of Tiburon hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause or phrase thereof, irrespective of th~ fact that anyone or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. Section 4. Effective Date. This ordinance shall become effective immediately upon its passage, and within fifteen (IS) days thereafter, the same shall be published, with the names of the members voting for and against the same, at least once in a news. paper of general circulation published in the City of Tiburon. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tiburon held on April 24.1972, by the following vote: AYES; Councilmen: Aramburu, .knnblS. LittmaD, geoMtt NOES: Councilmen: Becker ABSENT: None ATTEST: dLn7~ BERT BALMER, City Mlnager/Clerk Revised Draft Date: 4/24/72 -2- ORDINJ\i~CL NO .E-_N" S, AN URGi'::NCY INTERIN ORD n\Ai~CE O? Tj~E C:TY OF TIBURON EXTENDING ORDlliA~\[CE NO. .32 i'~.S. Ai:W AMj~~'1)ING SECT IONS 1, 2 A:\'D 3 OF 0 RD INANe E NO. P 2 N. S . The City Council of thf~ City of Tibu.con does hereby ordain as follows; Section 1. Findin~ The City Council ~f the City 0E Tiburon does hereby find and declare that the following facts are true: (a) Subsequent to the adoptiop of Ordinance No. 82 N.S., on January 31, 1972, the City Council and the City.s Planning Staff have been, in good faith, and as expeditiously as possible, conducting studies und holding hearings for the purpose of preparing and adopting a local open-space plan for the comprehensive and long- range preservation and conservation of open space land within the City, and an open-space zoning ordinance to be consistent with the aforementioned open-space plan. (b) The City hus retained the services of Williams & Mocine, professional planning consultants, in. order to prepare the open-space plan and zoning proposal, and such consultants have been expeditiously studying zoning proposals and open-space plans for the real property which i~ the subject of this ordinance, which plan and proposals may be inconsistent with any development or subdivision of said property. (c) In orde:"" to permit sufficient time for the City Council to receive, E.:xan1.ine a.nd t ~t uPQn the rec)mmendations of the Planning Staff and of the plall':<i"',5 consultants, L..: is necessary that the effect of the ~.foresaid int:et'"im zoni.ng ordinance, No. 82 N.S., be: extended for a period of eight (8) months, pursuant to the provi- s~ons of Section 65858 of the Government Cede of the State of Cali- fornia. Section 2. Extension. Ordinance No. 82 NcS. should be, and is hereby immediately extended for a oeriod of eight (8) months from and after April 30, 1972.' . See tion 3. As.ilendmen ts . (a) Section 1 of Ordinance No. 82 N.S. is hereby amended by deleting the last sentence thereof and substituting the following therefor: "No subdivision, nor. any new use of land, buildings or structures shall hereafter be allowed or established during the term of this interim ordinance, including any extensions thereof, on any of the property described in this ordinance, unless and until a use permit has been issued therefor under the ~":errns of thi.s urdinsI1ce.." 1. (b) Section 2 o'f Ordinance No. 82 N.S. is hereby ..ended to read .a follows: "Section 2. Identification of Property. The property WhlCh 18 SubJect to this ordinance 18 as follows: Map No. Parcel 1 38-181-69 2 38-181-70 3 39-061- 80 4 39-061- 82 5 39-061-83 6 39-021-06 7 39-182-67 9 39-182-03 10 39-061-62 11 39-161-17 12 39-161-18 13 39-161-19 14 39-161-06 15 39-161-21 16 39-161-04 17 39-171-01--08 18 39-171-05 19 58-100-62 20 58-311-12 21 58-100-54 22 58-100-20 23 58-100-21 24 58-100-38 25 58-121-03 26 55-261-10 27 38-141-05 28 38-141-04 29 38-141-03 The aforementioned parcels are located on the map attached hereto as Exhibit "A" and incorporated herein by reference.- (c) Section 3 of Ordinance No. 82 N.S. is hereby amended to read as follows: "Section 3. Use Permit Procedure. A. Application for a permit shall be filed with the Development Administrator on a form furnished by him, accompanied by a site plan and a fee of Forty Dollars ($40.00), no part of which may be refunded. If the applicant is not the owner of the property, the written authorizaUon of the owner shall accompany the application. 2. B. Not later than fifty-five (55) days following the filing of an application for such permit, the matter shall be heard by the City Council. C. In considering the application, the City Council shall give due regard to the nature and condition of all adjacent uses and structures, and may impose such requirements and conditions with respect to location, design, siting, maintenance, and operation of the use, in addition to those expressly provided in the zoning ordinance for the particular use, as may be necessary for the protection of adjacent properties~ and in the public interest and welfare. Before issuing such permit the Council shall determine that the subdivision, or use, as the case may be, will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons or property within the City, and that such subdivision or use will be consistent with the contemplated open-space plan and open-space zoning ordinance as may be adopted by the Ci ty . " Section 4. Urgency. This ordinance is hereby declared to be an interim urgency ordinance and is required for the immediate preservation of the public peace, health, safety, comfort, morals and general welfare of the City of Tiburon and its residents, for the ~easons set forth above. Section 5. Separability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitu- tional by the decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council of the City of Tiburon hereby declares that it would have passed this ordinance, and each 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 6. Publication. Before the expiration of fifteen (15) days after the adoption of this ordinance, the same shall be published, with the names of the members voting for and against the same, at least once in a newspaper of general circulation published in the city of Tiburon. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tiburon held on April 10, 1972, by the following vote: AYES: COUNCILMEN: Ellinwood, Fanning, Rice, Sennett NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ABSTAIN: COUNCILMEN: Becker DENIS T. RICE Mayor of the City of Tiburon ATTEST: ~dL~ BERT BALMER, City Manager/Clerk Draft Date: 3/22/72 Revised Date: 4/11/72 3. ORDINANCE NO.~N.S. AN ORDINANCE OF THE CITY OF TIBURON ADDING CHAPTER 7B TO THE TIBURON CITY CODE, PkOVIDING FOR THE IMPOSITION OF A PROPJ!:RTY DEVELOR-1ENT TAX The City Council of the City of Tiburon does ordain as follows: Section 1. Amendment. Title II of the Tiburon City Code is hereby amended by adding Chaper 7B th~reto, to read as follows: "CHAPTER 7B PROPERTY DEVELOPMENT TAX Sec. 7B-1. Findings. The City Council finds that the increased development of land in the City of Tiburon has created a need for acquisitions of public property and for public ~provements and facilities. Sec. 7B-2. Definitions. For the purpose of this Chapter, the words defined in this section shall have the meanings assigned to them unless from the context it appears that a different meaning is intended. Residential Unit. The term "residential unit" shall mean a single family dwelling, a dwelling unit in a duplex, apartment house or dwelling group, and any other place designed for human occupancy which contains a kitchen. Commercial Unit. The term "commercial unit" shall mean any space in a building or structure designed or intended to be occupied or used for business or commercial purposes, including sleeping rooms in hotels and. motels without kitchens or kitchen facilities. Sec. 7B-3. imposition of Tax. A. Tax imposed. An excise tax is hereby imposed upon the construction and occupancy of each residential or commercial unit in the City. B. ~ The rates of the excise tax hereby imposed are as follmis: 1. Residential: a} For each residential unit located in the R.l or more restrictive zone: $125.00. b) For each residential unit located in any other zone: $100.00. 2. Commercial: For each commercial building or commercial unit in a build- ing the amount of $.015 per square foot of gross floor area. c. Due Date. The amount of the tax due hereuder shall be determined at the t~e a building permit is sought for the construction of residential, commercial or indust~ial units or building, and the full amount of the tax shall be due and payable concurrently with the application for such permit. If such tax is not fully paid on or before the date the permit is issued, the tax or the amount thereof not paid shall thereupon becom~ delinquent. Draft date: 3/9/72 Amended draft date: 4/5/72 (1) D. Delinquencv. Penalty. Interest. There shall be added to the tax for any unit, for so much of the tax as becomes delinquent, a penalty of twenty-five per cent (25%), which shall thereupon become payable in the same manner as the tax. The t~:m and penalty shall bear interest at the rate of one-half of one per cent per month until paid. Sec. 7B-4. Exceptions. There is exempted from the tax imposed by this Chapter the following: A. The construction and occupancy of a residential, commercial or industrial unit which is a_replacement for a unit being removed from the same lot or parcel of land~ The exception shall equal but not exceed the tax which would be payable hereunder if the unit being replaced were being ne~.lly constructed. B. The construction and occupancy of any building or unit by any bank, including national banking associations. C. The construction and occupancy of any building by an "insurer", as that term is defined in Article XIII, Sections 14-4/5, of the California Constitution. D. The construction and use of any building, by a nonprofit corporation exclusively for religious, educational, scientific, hospital or charitable purposes, if such would be exempt under Revenue and Taxation Code Section 214. E. The construction and occupancy of any building by the United Stated or any department or agency thereof, or by the State of California or any department, agency or political subdivision thereof. Sec. 7B-5. Tax Liabilitv: Enforcement. The taxes i~posed by this Chapter are due from the person by or on behalf of whom a residential or commercial unit or building is constructed, whether such person is the owner 0r a lessee of the land upon which the construction is to occur. The City Clerk shall collect the tax and any penalty and interest due hereunder. The full amount due under this Chapter sahll constitute a debt to the City of Tiburon. An action for the collection thereof may be commenced in the name of the City in any court having juris- diction of the cause. Sec. 7B-6. Payment Required for Commencing Construction. No person shall begin the construction of any residential or commercial unit or building in the City without first having paid the tax and any pen- alty and interest due the City under this Chapter. Sec. 7B-7. Payment Required for Occupancy. No occupancy permit shall be issued for, and no person shall occupy or offer for occupancy, any residential or commercial unit or building in the City unless the tax and any penalty and interest imposed upon the construction and occupancy thereof by this Chapter have been paid. Sec. 7B-8. Refunds. Any tax, penalty or interest paid to the City under this Chapter for any building or unit of a building which is not constructed shall be refunded upon application of the taxpayer and a showing to the satisfaction of the City Clerk that the building or unit has not been constructed or construction commenced and that the building permit issued for the building or unit has been cancelled or surrendered. Draft Date 3/9/72 (2) Amended draft date: 4/5/72 Sec. 7B-9. Disposition of Proceeds: Fund Created. All proceeds from the tax~ penalty and interest collected under this Chapter shall be paid into a special capital outlay fund of the City entitled , Capital Outlay Fund '. The funds shall be used only for the purposes of acquiring, building, improving, expanding public property, public improvements and facilities. Sec. 7B-lO. Q2erative Date. The tax imposed by this C~~pter shall apply to the construction of all residental and commercial units or buildings for llhich a building permit is issued on or after the effective date of the ordinance adding this Chapter to the Tiburon City Code." Section 2. Se~ara~~litv. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council of the City of Tiburon hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that anyone or more other sections, subsections, clauses, or phrases may be declared invalid or ur.constitutional. Section. 3. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after the date of passage, and before the expiration of fifteen (15) days after its passage, the same shall be published, '1ith the names of the members voting for and against the same, at least once in a news- pap~r of general circulation published in the City of Tiburon. PASSED AND ADOPTED at a meeting of the City Council of the City of Tiburon held on March 27. , 1972, by the following vote: AYES: Councilmen: Becker, El1im~00d, Fanning, Rice, Sennett NOES: Councilmen: None "') ~.. ...... "., ..'" \ ,~~,,' l ';':...."...'..' ,~~~ .,. ==Y, .. ABSENT: Councilmen: None DENIS T. RICE ~~yor of the City of Tiburon ATTEST: r1ZfiL BERT BAUtER, City Hanager Draft Date: 3/9/72 Amended date: 4/5/72 (3 ) ORDINANCE NO. 85 N.S. AN ORDINANCE OF THE CITY OF TIBURON AMENDING CHAPTER 13, "BUILDING REGULATIONS", OF THE TIBURON CITY CODE, BY ADOPTING THE UNIFORM BUILDING CODE, VOLUHES 1, II, III and IV, 1970 EDITIONS; THE UNIFORM PLUHBING CODE, 1970 EDITION; THE NATIONAL ELECTRIC CODE, 1971 EDITION; AND THE UNIFORM FIRE CODE. 1971 EDITION The City Council of the City of Tiburon does hereby ordain as follows: Section 1. Sub-Section (c) of Section 13-1 of the City Code is hereby amended to read as follows: "(c) Heatin~ and comfort coolin~ permits. No person shall install, alter, construct or repai~ any heating, ventilating, comfort cooling, or refrig- eration equipment unless a permit therefor has been obtained from the Building Official. " Section II. Section 13-1 of the City Code of hereby amended by adding the following sub-section: "(e) Excavation and Grading permits. Except as exempted in Section 7003 of the Uniform Building Code Volume I, no person shall do any excavating or grading without first obtaining a grading permit from the Building Official. II Section III. Sub-sections (a) thru (e) of Section 13-2 of the City Code are hereby amended to read as follows: " (a) Buildin~ permits. The building permit fee shall be the same as those outlined in Chapter 3 of the Uniform Building Code, Volume I as adopted by reference in this chapter." " (b) Excavation and grading permits. The grading permit fee shall be the , same as those outlined in Chapter 70 of the Uniform Building Code, Volume 1 as adopted by reference in this chapter." " (c) Plumbing permits. The plumbing permit fee for the installation of plumbing in new single and multi-family dwellings shall be a flat rate fee, which includes the fee for the issuance of the permit, of: one dollar and twenty- five cents ($1.25) per each one hundred (100) square feet, or fraction thereof of the total floor area of the residence, excluding the garage, carport, perches or decks. For all other installations the plumbing permit fee shall be the same as those outlined in Part one of the Uniform Plumbing Code as adopted by reference in this chapter, with the following additions: For each private swimming pool plumbing installation - $10.00 For each public swtmming pool plumbing installation - $15.00 ~1inimum fee for any plumbing permit - $5.00 " " (d) HeatiIl2 and comfort cooling permits. The heating and comfort cooling permit fee for the installation of heating and comfort cooling equipment in new single and multi-family dwellings shall be a flat rate fee, which includes the fee for the issuance of the permit, of: one dollar and twenty five cents ($1.25) per each one hundred (100) square feet, or fraction thereof of the total floor area of the residence, excluding the garage, carport, porches, or decks. For all other installations the heating and comfort cooling permit fee shall be the same as those outlined in Chapter 3 of the Uniform Building Code, Volume II as adopted by reference in this chapter, with the following addition: Minimum fee for any heating and comfort cooling permit - $5.00 tI II (e) Elec'tric permits. The electric permit fee for the installation of electrical wiring and equipment in new single and multi-family dwellings shall be a flat rate fee, which includes the fee for the issuance of the permit, and temporary services, of; one dollar and twenty-five cents ($1.25) per each one hundred (100) square feet, or fraction thereof, of the total floor area of the residence, excluding the garage, carport, porches, or decks. Draft date 1/27/72 (1) For all other installations the following schedule shall be used: For issuing the permit-----------------------------------------$3.00 For each switch outlet----------------------------------------- .20 For each lighting outlet--------------------------------------- .20 For each 110 Volt receptacle----------------------------------- .20 For each incandescent lighting fixture------------------------- .20 For each flourescent lighting fixture-------------------------- .40 For each circuit or feeder------------------------------------- .25 For each 220 Volt outlet--------------------------------------- 1.00 For each domestic electric heater------------------------------ 1.00 Temporary power pole not over 100 amps.------------------------ 2.50 For each new service or service change------------------------- 2.50 For each additional 100 amp capacity or fraction thereof------- 1.00 Additional meters and fceder~, ~each---------------------------- .75 Service over 600 volts - first 200 KVA-------------------------lO.OO over 200 KVA--------------------------25.00 For motors 1 H.P. or fraction thereof-------------------------- 1.00 For motors over 1 H.P. upto and including 10 H.P.-------------- 1.00 +. .50 per H.P. For motors over 10 H.P.---------------------------------------- 6.00 + .20 per H.P. Maximum H.P. fee-----------------------------------------------25.O0 For each motor generator set or frequency change the fce charged shall be 50% greater than that for motors alone. For each electrical sign--------------------------------------- 2.50 Note: (1) the fee schedule for transformers shall be the same as set forth for motors - 1 KVA= 1 H.P. (2) the fee schedule for commercial heater and furnaces shall be the same as set forth for motors - 1 KU= 1 H.P. Min~um fee for any electrical permit shall be----------------- 5.00 " Section IV. Section 13-2 of the City Code is hereby amended by adding the following sub-section: " (f) Special fces. llhere more than one re-inspection of any item re- quiring inspection has t9 be made because work has not been ready or defects have not been corrected, a fee of $7.50 will be charged for each additional re-inspection, and must be paid before final approval of work. Where any special inspection is requested, such as to determine ho'~ an existing structure may be made to conform to present code requirements, or otherwise where no current permit is involved, a charge will be made at the rate of $7.50 per hour of the inspectors time, with a minimum charge of $5.00. Section V. Chapter 13 Article I of the City Code is hereby amended by adding the following Section: "Section 13-2.1: Stoplrlork Orders Hhenever any work regulated by this chapter, is being done contrary to the provisions of this chapter, or contrary to any othcr part of this code of ordinance of the City of Tiburon or rules and regulations of other public agencies that are applicable to the work being done, the Building Official may order the work stopped by notice in writing served on any persons engaged in doing or causing such work to be done, and such persons shall forthwith stop such uorl~ until authorized by the Building Official to proceed with the work. ~n order to stop work due to a violation of ordinances or rules and regulations of other public agencies shall be issued only upon \~ritten request from the official of such agency charged with the enforcement of said ordinances'or rules and regulations. Section VI. The first paragraph of Section 13-12 of the City Code is hereby amended to read as folIous: "Section 1~-12: nuildin~ Code. The Building Code of the City shall be the Uniform Building Code, Volume I, 1970 Edition, and the appendices thereof, as published by the In~rnationa1 Conference of Bui1dinB Officials, with the fo1lmling exceptions and additions: (2) Section VII. Sub-section (3) of Section 13-12 of the City Code is amended to read as follows: "Section 13-12 (3) Section 1601 (a) is amended to read as follol1s: I Fire Zone Defined: For the purpose of this code Fire Zone No. II shall be that area so defined as shown on that certain map entitled "Tiburon Fire Zone II", dated Feb. 4, 1972 now on file in the office of the City Clerk of the City of Tiburon' ," Section VIII. Sub-sections (5) thru (20) of Section 13-12 .re hereby deleted. Section IX. read as follows: Section 13-13 of the City Code is hereby amended to " Section 13-13: Plumbing Code The Plumbing Code of the City shall be the Uniform Plumbing Code, 1970 edition and the appendices thereof, as published by the International At>Jociation of Plumbing and.MechanicalOfficials" Section X. Sub~sections (1) thru (29) of Section 13-13 of the City Code are hereby deleted. Section XI. Section l3-l4 of. the City Code is hereby amended to read as f011m1s: " Section 13-14. Electrical Code. The Electrical Code of the City shall be the National Electrical Code, 1971 Edition as published by the national Board of Fire Underwriters." Section XII. Section 13-15 of the City Code is hereby amended to read as follous: " Section 13-15. Fire Prevention Code. The Fire Prevention Code of the City shall be the Uniform Fire Code, 1971 Edition as published jo,intly by the International Conf~rence of Building Officials and the Hestern Fire .Chief Association." Section XIII. Section 13-16 of the City Code is hereby amended to read as follows: " Section 13-16 Hou!Jing Code. The Housing Code of the City shall be the Uniform Building Code, Vol~c III, 1970 Edition as published by the Inter- national Conference of Building Offic iaIs." Section XIV. Section 13-17 of the City Code is hereby amended to read as follolJs: "Section 13-17: Heating and Comfort Cooling Code. The Heating and Comfort Cooling Code of the City shall be the Uniform Building Code, Volume II, 1970 Edition as published jointly by the Interna.tional Association of Plucbing and Uechanical Officials." Section XV. Chapter 13, Article II of the City Code is hereby amended by adding the following ~ection: " Section 13-18: Danfterous Building Code. The Dangerous Buildings Code sh~ll be the Uniform Building Code, Vaolume IV, 1970 edition as pu~lished by the International Conference of Building Officials. Section XVI. PENALTIES: Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty' of a misdemeanor, and each person shall be deemed guilty of a separate offence for each and every day or portion thereof during tlhich any violation of .1ny of the'provisions of this ordinance is committed, continued, or permitted, and upon conviction of any such violations such person shall be punishable by ~ fine of not more' than $500.00 or by imprisonment in the County Jail for not more than six (6) months, or by both such fine and imprisonment. Any building or structure erected or maintained and any l10rlt conunenced or continued in violat ion of this ordinance shalT be, and is hereby declared unla'\lful aoc.I a pubH::: nuisance, and the City Attorney on the (3) direction of the City Council shall institute necessary legal proceedings for the abatement, removal or injoinment thereof in the manner provided by lau and shall take such other steps as may be necessary to accomplish these ends. For purposes of uniformity this section shall be deemed to supersede any of the penalties provided in the respective codes referred to in this ordinance. Section XVII. V~LIDITY. If any section, subsection, or sentence or phrase of this ordinance is for any reason held to be unconstitutional or other- wise invalid, such decisions shall no: affect the validity of the remaining portions of the ordinance. The City Council of the City of Tiburon hereby de- clares that it would have passed this ordinance and each section, sub-section, sentence, clause and phrase, thereof, irrespective of the fact that anyone or more sections, sub-sections, sentences, clauses or phrases be declared invalid. Section XVIII. REPEAL. All ordinances or parts of ordinances in con- flict hereuith, to the extertt of such inconsistency, are hereby repealed. Section XIX. EFFECTIVE DATE: This ordinance shall take effect Bnd be ' in force at .the expiration of thirty (30) days from and after its passage, and before the expiration of fifteen (15) days after its passage the same shall be published, with the names of the members voting for and against the same, at least once in the Ebb Tide, adjudged to be a newspaper of general circulat~on published in the City of Tiburon. The foregoing ordinance 'o1as passed and adopted at a regular meeting of the City Council of the City of Tiburon on the 27th day of March 1921......by the followil)g vote: AYES: COUNC ILl-tEN: Becker, Fanning, Rice, Sennett NOES: COUNCIUIEN: None ABSENT: COONC IUmN: Ellinwood ~~~ DENIS T. RICE, Hayor of the City o'~ TibiJron ATTEST: ~ BERT ~1ER, Cjty Clerk Draft Date: 1/27/72 (4) f ORDINANCE NO.~N.S. AN ORDINANCB OF THE CIlY COUNCIL OF THE CITY OF TIBURON AMENDING ORDINANCE NO. 54 N. S. BY AMENDING SECTION 1 THEREOF The City Council of the City of Tiburon does hereby ordain as follows: Se ction 1. Amendmen t . Ordinance No. 54 N.S. of the City of Tiburon 1s hereby amended as follows: Section 1 A. EXHIBIT 13 is deleted and substituted by Site Plan 8ubmitted by Willard Rand, Architect, November 19, 1971 and revised December 13, 1971. Section 2. SE8\BABILITY If any section, subsection, sentence, clause or phrase of this ordl- DAnce is for any reaaon held to be invalid or unconstitutional by the decision of a cou~t of competent jurisdiction, such decision shall not affect the validity of the remaining portions of tbe ordinance. The City Council of the City of Tiburon hereby declares that it would have passed this ordinance, and each section 8ubsectton, clause or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. See tion 3. EFFECTIVE M TE This ordinance shall take effect and be in force thirty days after the date of 'passage, and before the expiration of fifteen days after its passage the sa_ shall be published, with the names of the members voting for and against the sa1ll8, at least once in a newspaper of general circulation published in the Cit)' of Tiburon. a\SSED AND ADOPTED at a regular meeUng of the City Council of the City of Tiburon held on February 28 , 197L, by the following vote: A YES: Councilmen: Becker, Ellinwood, Rice, Sennett NOES: Councilmen: ABSENT: Councilmen: None Fanning ~ ~JL DENIS T. RICE Mayor of the City of Tiburon ATTEST: 1 r:(lfiL BEIlT BALMER, City Manager, Clerk Amended 2/11/72 ORDINANCE NO. ~N.S. AN ORDINANCE OF THE CITY OOUNCIL OF THE CITY OF TIBURON AMENDING THE PERSONNEL SYSTEM OF THE CITY AND PROVIDING FOR THE ESTABLISHMENT OF PERSONNEL RULES & REGULATIONS BY RESOLUTION The City Council of the City of Tiburon does hereby ordain as follows: Section l: AMENl>>1ENT Chapter 3 of the Tiburon City Code is hereby amended to read in full as follows: Section 3-1: Purpose The City shall establish and maintain an effective personnel system for the City which will a~sure: recruitment, selection an~ retention of employees on the basis of merit; the development of a career service; promotion on the basis of demonstrated ability; and compensation and personnel practices which will keep the city system competitive. Section 3- 2: Administration The City Manager or the appointed Personnel Officer shall administer the personnel system in accordance with personnel rules and,regula- tions adopted by the City Council by resolution. The City Manager shall prepare and present proposed rules and regulations to the City Council. Section 3-3: Personnel Rules The personnel rules shall provide for: 1. The classification of all employed positions based on the duties, authority and responsibility of each position with adequate provisions for reclassification of any position when- ever warranted; 2. A pay plan for all City positions; 3. Methods for determining the merit and fitness of candidates for appointment or promotion; policies and procedures concerninq reductions in force and removal of employees; 4. Hours of work, attendance, regulations and provisions for vacations and sick leaves; 5. Policies and procedures governing relationships with employee orqanizationn; policies.g~verninq in-service training; 6. Grievance procedures; 7. Procedures for disciplinary actions for just cau~e; 8. Other related policies and procedures. Section 3-4: Career Service Positions All City employees and officers shall be members of the career service except those in the following positions: (a) elective officers; (b) members of appointed boards, commis- sions and committees: (c) city manager; (d) city attorney, (e) deputy city attorney; (f) city treasurer; (g) city engineer: (h) persons engaged under contract to supply professional or t.chnical services: and (i) all persons specifically exempted from the provisions of this section by state law or by ordinance. -1- : r Section 2: SEPARABILITY If any section, provision, sentence, clause or phrase of this ordinance is, for any reason, declared to be invalid, such decision shall not affect the validity of the remaining sections, sentences, clauses or phrases of this ordinance, it being the intent of the City Council of the City of Tiburon that this ordinance shall stand notwithstanding the invalidity of such section, sentence, clause or phrase. Section 3: EFFECTIVE DATE This ordinance shall take effect and be in force thirty days after the date of passage, and before the expiration of fifteen days after its passaqe the same shall be published, with the names of the members voting for and against the same, at least once in a newspaper of general circulation published in the City of Tiburon. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tiburon held on February 14th , 1972, by the fOllowing vote: AYES: COUNCILMEN: Becker, Ellinwood, Fanning, Rice NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Sennett ~ Mayor of the City of Tiburon AT'l'EST: ~L BERT BAI. R, C1. ty lofanager/Clerk Draft Date 1/6/72 ORDnaNCE NO .~N. s. AN INTBRIM ORDINAlICE OF THE CITY OF TIBUltON PROHIBITING DBVBLOPHENT OR SUBDIVISION OF PIlOPEllTY WITHIN '1'HB nBURON RIDGEIANDS WHICH lAY BE IN CONFLICT WI'Dl CON1'EMPLA'l'ED ZONING AND PlANNING PROPOsALS 'l'he City Council of the City of Tiburon does hereby ordain as follows: Section 1. Findings and Prohibition. Sections 65563 through 65568 of the Goverament Code of the State of ealifon..ia provide that the City of Tiburon shall, by June 30, 1972, prepare and adopt a local open-space plan for the comprehensive and long-range preservation and conservation of open space land within its juris- diction, and that no building permit may be issued, and no subdivision map may be approved, unless the proposed con.~ruction or subdivision is consistent with the open-space plan to be adopted. Sections 65910 through 65912 of the Government Code of the State of California provide that the City of Tiburon shall, by January 1, 1973, adopt an open-space zo~ln8 ordinance consistent with the aforementioned open- space plan. In addition, the City has retained the services of Williams & Mbcine to prepare the open-space plan, and the Planning Staff of the City 1s considering and studying zoning proposals for the real property which is subject to this ordi- nance, which may be inconsistent with any development or subdivision of said property. Because interim development or subdivision might conflict with the proposed zoning changes, development or subdivision of tbe property described herein is hereby pro- hibited for a period of ninety (90) days from the date of this ordinance. Section 2. Identification of Property. the property which is subject to this ordinance is as follows: *'P No. Parcel --r- 38-181-69 2 38-181-70 3 39-061-80 4 39-061-82 5 39-061-83 6 39-021-06 7 39-182-67 9 39-182-03 10 39-061-62 11 39-161-17 12 39-161-18 13 39-161-19 14 39-161-06 15 39-161-21 16 39-161-04 17 39-171-01--08 18 39..171-05 19 58-100-59 20 58--311..12 21 58-100-54 22 58-100-20 23 58-100-21 24 58-100-38 - 1 - Map No. 1!.m! 25 58-121-03 26 55-261-10 27 38-141-05 28 38-141-04 29 38-141-03 The aforementioned parcels are located on the map attached hereto as Exhibit I~" and incorporated herein by reference. Section 3. Variances. Variances from the above prohibition may be granted under the provisions of Section 17 of the zoning ordinance of the City of Tiburon. Section 4. Ur~ency. This ordinance is hereby declared to be an interim urgency ordinance and is required for the immediate preservation of the public peace, health, safety and general welfare of the City of Tiburon and its residents. for the reasons set forth above. It is intended to and shall apply to all above described property, whether or not application for development or subdivision may have been made before the passage of this ordinance. Section S. Effective Date. This ordinance shall become effective i1llllediate1y upon its passage, and within fifteen (15) days thereafter shall be published once in a newspaper of general circulation published in the City of Tiburon. Section 6. Separability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council of the City of Tiburon hereby declares tha t it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, clauses or phrases may be declared iovalid or unconstitutional. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tiburon held on January 31, 1972, by the following vote: A YES: COUNCILMEN:, Ellinwood, Fanning, Rice, Sennett NOES: COUNCILMEN: None COUNCILMEN: l.J ~ GOUNCILMEN: Becker .. . ' . I~ DENIS T. IlICE Mayor of the City of Tiburon ABSENT: ABSTAINED: ArrEST: c/1 A dl1L ~ BERT BALMEll, City Manager/Clerk Revised date: 1/31/72 - 2 - ORDINANCE NO. .8l N.S. AN ORDINANCE OF THE CITY OF TIBURON AMENDING SECTION 23 OF ORDINANCE NO. 9 N.S., ,THE ZONING ORDINANCE ~ BY DELETING PARAGRAPH (A) THEREFROM The City Council of the City of Tiburon does hereby ordain as follows: Section 1. Amendment. Section 23 of Ordinance No.9 N.S. is hereby amended to read as follows: "Section 23. Uses Permitted in Specific Zones: The following uses may be permitted in the zones herein indicated upon the granting of a conditional use permit: (A) Stora*e of one or more unoccupied trailer(s) or boat(s) in the CG" zone; (B) Sanitarium, rest home, convalescent home, clinic) dispensary, when in the "A2" , "PA", "CG" and "cv" zones; (C) Eating or drinking establishment, limited new retail sale or retail service, if accessory to and in conjunction with a motel or hotel, in the "PA" zone; (D) Gasoline service station) new and used automobile sales and service, bulk petroleum sale and underground storage in the "cv" zone; (E) Bus or taxi station in the tiC" zone; (F) place of entertainment or amusement and new and used retail sale when in the open or partially open in the "cv" zone; (G) Animal hospital and/or shelter in the "CG" and "ev" zones; (H) Hotel or motel in the "PA" zone; (I) Public utility structure, fire station) in "cv" zone; (J) Truck, bus, taxi, ferry or transit terminal in "CG" zone; (K) Berthing, mooring and landing facilities for boats in the "p" zone, excluding facilities for yacht and boat clubs, yacht and boat equir.ment sales, maintenance, haul-outs, and similar facilities. ' Section 2. Separability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitu- tional by the decision of a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council of the City of Tiburon hereby de- clares that it would have passed this ordinance, and each section, By draft date: 12/20/71 1. subsection, clause or phrase thereof, irrespective of the fact that anyone or ID().ce sections, 'iubsections, sentences, clauses or phrases may be declaced invalid or unconstitutional. Section 3. ~ecive Dab~. Th~s ordinance shell take effect and be in force thirty days after th,. date of passpse, and before the expiration of fifteen days after its passage t~e ~ame shall be published, with the names of the merr'oers votin9 for and. against the same, at least once in a newspa~er of general circulation published in the City of Tiburon. PASSED AND ADOPTED at a regular meeting of the Cit1 Council of the City o.e Tiburon held on January lOth , 19 72 ,by the following vote: AYES: NOES: ABSENT: Councilmen: Becker, Ellinwood, Fanning, Rice, Sennett Councilmen: None C ounc i lmen: None T iburon Mayor of the ATTEST: ~L BERT BA , l.ty Manager, Clerk By draft date: 12/20/71. 2. ORDINANCE 1\0. 80 N. S. AN OaDINANCE OF THE CI'lY OF TIB1JJ.ON AMENDING THE TIBUllON CITY CODE TO PROVIDE FOIl EMBllGENCY ORGANIZATION AND FUNCTIONS Tbe City Council of the City of T1buron does ordain a8 follows: Sec tiOD 1. Amendment. Chapter 21 of the TiburoD City Code is hereby amended to read as follows: SECTION 21-1. Purposes. Tbe declared purpOses of~thi. chapter are to provide for the preparation and carryina out of plan. for the protection of persona and property within this city in the event of an emeraeocy; the direction of the emeraeocy oraanization; ancl the coordination of the emeraeney functions of this city with all other public aaencies, corpontioDs, organiut:1ons, and affected pr:1vate persons. SBCTION 21-2. Defin:1tion. AI used in th:1. ordinance, "emeraency" shall mean the actual or threateoed existebee of eonditloDs of disaster or of extreme peril to the safety of per.ons and property within this city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other conditions, iac1udina con- ditions resultins from _I' or 1Dainent threat of _I'. but other than conditions resulting from a labor controversy, which cond:1tions are or are likel)' to be beyoDCl the control of the services. personnel, equipment, and fac11 i ties of this cf ..., "A"".1.rinl the combined forces of other political subdiv18iona to cOllbat. ~~_~. ~1saste~ CQuoc;il HembeJ'8bi~ 'lbe Tlburon Disaster COuncil is hereby e!'p~ tpc1 JIIIM 8MJJ ,:on.ist of the followilll: A. Tbe .yor, who shall be chairman. B. Tbe director of ....rpncy services. who .ball be vice cbai~n. C. The assistant director of emeraeDCY senices. D. Such chiefs of emeraency services as are provided for in a current emeraency plan of this ci ty. adopted pursuant to this ordinance. I. Such representative. of civic, business. labor, veterans. profe.aional, or other orpnizations bavine all official emergency re.pon.ibility. a. .y be appointed by the direc- tor with the advice and consent of the City Council. SlcnON 21-4. Disaster Council Powers and Duties It 8hall be the duty of the Tiburon Disaster Ct\lmeU.. .,.,d '1.t :ill' h"r...".' empowered, to develop and recOllllllend for adoption by the city co~..~u J emeraenc)' and Dltual aiel plana and agreements and such ordinances anel resolutions and rules and reaulations a. are necessary to iaplecaent such plans and aln..nts. '1'he Disaster Council eball meet upon call of the chairman or J :1n his abaence from the city or inability to call such meetina, upon call of tbe vice chairman. SECTION 21-5. Director ancl Assistant Director of lmeraeacy Senices A. Tliere is hereby created the office of director of emeraency '. 8ervice.....The .city.baaer shall be the 'cJlrector of emeraency services. B. There:1s bereby created the office of a.sistant director of emeraency aervicee, who shall be appointed by the director. SECTION 21..6. Power. and Duties of the Director and Assistant Director of E1DeraelleY Services. A. ~~ director is bereby _powered to: (1) llequest the city council to proclaim the existence or threatened existence of a ''local emeraeney" if the city council is in 8e.8ioft. or to issue such proclamation if the city council is not 1n sesaion. Whenever a local emergency is proclaiMd by the director, the city council shall take action to ~tify the proclamation within 7 clay. thereafter or the proclamation shall bave no further force or effect. - 1 - (2) In the event of the unavailability of a quorum of the City Council, request the Governor to proclaim a "state of emer- gency" when, in the opinion of the: director, the locally avail- able resources are inadequate to cope wiLh the emergency. (3) Control and direct the effort of the emergency organizat1o~ of this city for the accomplishmen~ of the purposes of this ordixaanee. (4) Direct cooperation between and coordiTh~tion of services and staff of thp. e~ergency organization of this city; and re- solve questions of avthorlty and responsibility that may arise between them. (5) Represent this city in ell de~liugs with public or private agencies on matters pertaining ~o emergencies as defined herein. (6) In the event of tha procUtmation of a "local emergency" as herein provided. the proclamation of a. "state of emergency" by the Governor or the Director of the State Office of Emergency Services, or the existence of e "state of war emergency. It the director is hereby empo~.lerad: <a> to make and issue rules and regulations on matters reasonably related to the protection of life end property as affectad by such emergency; provided, however, ouch rules and regulations must be confirmed at the earliest practicable time by the city council; (b) to obtain ~ital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the city for the fair value thereof and, if re- quired i~diately~ to commandeer the same for public use; (c) To require emergency services of any city officer or employee and, in the event of the proclamat1.on of a "st3te of emergency" in the county in whieh this city is located or the existence of a "state of war emergency," to command the aid of as many citizens of this community as he deems necessary in the exe- cution of his duties; such persons shall be entitled to all privilegas. benefits, and immunities 8S are provided by state law for registered disaster service workers; (d) To requisition necessary personna1 or material of any ci t~ department or agency; and (e) To execute all of his ordinary power as city manager, all of the special powers conferred upon him by this ordinance or by resolution or emergency plan pursuant hereto aoopted by the city council~ all powers confnrred upon him by any statute, by any agre~nt approved by the city council, and by any other lawful authority. I. The director of eaergency services shall designate the order of succession to that office, to take effect in tbe event the director is unavailable to attend meetings and otherwise perfo.. his duties during an energ~ncy. ~uch order of succession shall be approved by the ci ty counc'.1. C. The assistant db-ector s~O\l.ll, under the supervision of the director and with the assistance of emergency service chiefs~ develop emergency plans I tJd manage the t'ttlcrgency programs of this city; and shall hav~ Duch othp.r powers and duties as may be assigned by the dir.ecto~. SECTION 21-7. Emer~ency Or~anizati~n All officers and employ~es of this city~ togetber with those volun- teer force. enrolled to aid them during an ~~rgency, and all groups, organization., and per SOft I who may by agreement or opelation of law, including persons impressed into service under the provisions of Sp.ction 21-6.A.(6) (c) of this chapter, be charged with duties incident to the protection of life and property in this city during such emergency. shell constitute th~ emergency o~gani2ation of the city of Tiburon. -1,- · t .4 SECTION 21-8. Emerstency Plan the Tiburon Disaster Council shall be responsible for the development of the City of Tiburon Emergency Plan, which plan shall provide for the effective mobilization of all of the resources of this city, both public and private, to meet any condition constituting a local emergency, state of emergenc1, or state of war emergency; and shall provide for the organization, powers and duties. services, and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the city council. SECTION 21-9. Expenditures Any expenditures made in connection with emergency activities, in- cluc1ing 1DUtua1 aid activities. shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the city of Tiburon. SECTION 21-10. Viol.ations It shall be a misdemeanor. punishable by a fine of not to exceed five hunc1red dollars ($500), or by imprisonment for not to exceed six conths, or both, for any person, during an emergency. to: A. Wilfully obstruct, hinder, or delay any member of the emergency orpnization in th~ cnfo'l'cement of any lawful rule or regulation issued pursua.nt to this ch~pter. or in the perfoTme.nce of any duty iapoaed upon him by virt1js of this ordiMnce. B. Do any act forbidden by any lawful rule or regulation issued pursuant to this ch~pt.er, if su.ch act is of such a Mtt'I.e as to pve or be likely to give as~istan~~ to the enemy or to imperil the lives or property of inhabit~~ts of this city, or to prevent. binder, or delay the defense or protection thereof. C. Wear, carry, or displ.:.y, wi thout authority, any m~~'}~ of idemtifi- cation specified by the emergency agency of the State." Section 2. Effe.ct!ve D:1te this ordinance shall become effective tbirty (30) day. from and .fter its "."Ie, and the samG shall be publiched, yith the names of the members votina for ancl against the same. at least once in a newspaper of leneral circulatiOD published in tbe City of Tiburon. Section 3. Seve~ability. If any provision of this ordinance or tbe applies tion thereof to any peraoD or circWlStance is held invalid. such in~"lllidity shall not affect other provisions or applications. and to this end the provisions of this ordinance are declarecl to be severable. PASSED AND ADOPTED fi.:: a regular meeting of the City Council of the City of Tiburon held on December 13th , 1971. by the following vote: AYES: COUNCIUtEN: Beck,--:, Ellinwood, Rice, Sennett lI)ES: COUNCILMEN: None ABSENT: COUNCILMEN: Fanning DENIS T. RICE Mayor of the City of Tlburon A Tl'BST: BUT JIlUllaq~ger Draft Date: 11/18/71 -3- ORDINANCE NO.-ZLN.S. AN O&DIMNCB OF TBB CITY or TIB1J&ON ADOPTING A PO M\S'l'ER PIAN roa PROPEI'J.'! ON MUINBlO CIICLE The City Council of the City of Tiburon does hereby or~in aa follows: Section 1: Adoption of Master Plan The Master Plan for Assessor's Parcel, Nos. 58-191-04, OS, 06, 07, 19 and 20, entitled "Proposed *r1nero Apartment Project for Mr. John Hoffmire" by D.H.G. COle- man, Architect, dated November 8, 1971, and il\corporated into the record aa Exhibit '~"J 1s hereby approved subject ~o the following condition.: 1. No more tban 32 dwellt. units sball be allowed, except that up to 36 units _y be allowed if the Precise Plan satisfies the Planning C~iasiOQ and City Council that the added units would not substantially add to the problem created by grading. 2. Prior to the approval of tbe Precise Plan adequate novi.ion shall be _de t"t the area desianated as "Green Belt" be landscaped and _intaiud as permanent open space. 3. The provisions for maintenance of the open space shall be included in the Precise Plan. 4. '!'be Precise Plan sball show that the parkins space allocation ia distri- buted approximately equally amons the living units. 5. '!'be Precise Plan sball sbow that the landsCAping and pedestrian circulation within the project will belp tie the entire project together. 6. Access to the abutting property now cOlllQlOnly known as the Boclian propetty shall be provided and specifically shown in tbe Precise Plan. 7. A complete landscaping and grading plan by a qualified architect shall be submitted with Precise Plan. Section 2: Separability If any section, subsection, sentence, clause or pbrase of this ordinance 1s for aD)' reason held to be invalid or unconstitutional by the decision of a COurt of c~pet.nt jurisdiction, sucb decision shall not effect the validi~ of the rematalDC portions of the ordinance. The City Council of tbe City of Tiburon hereby dec1aI'.. that it would have passed this ordinance, and each section, subsection, cl.use or phrase thereof, irrespective of the fact that anyone or more sectiona, sub..ctlonl, senteaces, clause or phrases may be declared invalid or unconstitUtional. Section 3: Bffective Date '11\i. ordinance shall take effect and be in force thirty days after the date of paSHaa, and before the expiration of fifteen day. after its passage the .... sball b. publisbed, with the names of the members voting for and asainsrthe ....., at lea.t once in a newspaper of general circulation published in the City of Tiburon. PASSED AND ADOPTED at a X8aular Geeting of tbe City Council of the City of Tiburon beld on November 22nd , 1971, by the follOWing vote: A YES: NOSS: ABSENT: COUNCILMEN: COUNCILMEN: COUNClutEN: Becker, Ellinwood, 'anning, Rice, Sennett None None ~"..'~ V~Z /?9 DENIS T. RIel Miyor of tbe City of Tiburon A TTlST: ~ /'7 P ~~..'-- BERT IALMlnl; City Manaaer/Clerk ~ ORDINANCE NO. 78 N.S. AN ORDINANCE OF THE CITY OF TIBURON REGARDING ACQUISITION AND CONDEMNATION OF PROPERTY FOR PUBLIC PARK PURPOSES. The City Council of the City of Tiburon does ordain as follows: Section 1. Findings. The City Council of the City of Tiburon finds and declares that: a) Public interest and necessity require the acquisition, purchase and taking of those certain lands described in Exhibit "A", attached hereto and incorporated here- in by reference, for public park purposes~ b) The use of all of said lands for City purposes is a public use authorized by law; c) The taking of said lands is necessary to such public use and it is necessary and proper that all of siad lands be so taken ~ d) The proposed public park use is planned and located in a manner which will be most compatible with the greatest public good and the least private injury~ and e) The said lands are located conveniently adjacent to the City of Tiburon. Section 2. Interest To Be Acquired. It is necessary that the City of Tiburon acquire title in fee simple to the land described for said public purposes, subject only to existing easements and rights-of-way, and similar public uses not inconsistent with the purposes of the City hereinabove described. Section 3. Condemnation Proceedings Directed. It is directed that said City acquire title to the herein described land for said public purposes by donation, purchase of condemnation~ the City Attorney is hereby authorized and directed to initiate and prosecute in the name of said City, condemnation proceedings for the acquisition of title to said property or any part thereo f . Section 4. Separabi~ity. If any section, provision, sentence, clause of phrase of this ordinance is, for any reason, declared to be invalid, such sentences, clauses or phrases of this ordinance, it being the in- tent of the City Council of the City of Tiburon that this ordin- ance shall stand notwithstanding the invalidity of such section, sentence, clause or phrase. Section 5. Effective Date. This ordinance shall take effect and be in force thirty days after the date of passage, and ~efore the expiration of fifteen days after its passage the same shall be published, with the names of the members voting for and against the same, at least onGe in a newspaper of general circulation published in the City of Tiburon. an adjourned PASSED AND ADOPTED at ci ~aV meeting of the City Council of the City of Tiburon held on Oct~ber l8, , 1971, by the following vote: AYES: COUNCILMEN: Ellinwood, Fanning, Rice, Sennett NOES: COUNCILl-1EN: None ABSENT: COUNCILl4EN : DENIS T. RICE l-1ayor of the City of Tiburon ATTEST: BERT r.1anager BUSINESS OF THE COUNCIL 1. THE CITY OF TIBURON ORDINANCE RECINDING ORDINANCE 178 N.S. (STRAt'lBERRY COVE CONOEr-1NATION). An Ordinance entitled AN ORDINANCE OF THE CITY OF TIBURON f RECINDING ORDINANCE NO. 78 N.S. (STRAWBERRY COVE CONDEMNATI~ came on for introduction and 1st reading. On motion of Fanning, seconded by Sennett, and there being no objections, reading of the full ordinance was waived and the ordinance was read by title only. Motion of Fanning, seconded by Ellinwood, that the Ordinance be deemed to have passed 1st reading, carried: Ayes: Noes: Absent: Councilmen: Councilmen: Councilmen: Ellinwood, Sennett, Fanning None Rice, Becker November 15, 1971 CITY COUNCIL MINUTES #259 Page 1 CITY COUNCIL MINUTES #260 November 22, 1971 Page 2 ORDINANCE NO. 77 N.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TIBURON REZONING CERTAIN PROPERTY IN THE GOLDEN VIEW HEIGHTS SUBDIVISION FROM THE R-2 TO THE R-2-C (CLUSTER OVERLAY ZONE) The City Council of the City of Tiburon does hereby ordain as follows: Section 1. Amendment of Zoning Map The Zoning Map of the City of Tiburon is amended by changing the following described property from the R-2 (Two-Family Residential) zone to the R-2-C (Two- Family Residential Cluster Overlay Zone): "lots 1, 2, 3, 4, & 8 of the Golden Heights Subdivision as shown on that certain map now on record at the County Recorders Office of the County of Marin in Record M:lps Book 10, Page 68." Section 2. Separability. If any section, provision, sentence, clause or phrase of this ordinance is, for any reason, de~lared to be invalid, such decision shall not affect the validity of the remaining sections, sentences, clauses or phrases of this ordinance, it being the intent of the City Council of the City of Tiburon that this ordinance shall stand notwithstanding the invalidity of such section, sentence, clause or phrase. Section 3. Effective Date This ordinance shall take effect and be in force thirty days after the date of passage, and before the expiration of fifteen days after its passage the same shall be published, with the names of the members voting for and against the same, at least once in a newspaper of general circulation published in the City of Tiburon. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tiburon held on Qctober 12 , 1971, by the following vote: AYES: COUNCILMEN: Ellinwood, Fanning, Sennett, Rice NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Becker ATTEST: ~L Bert Balmer, City Clerk Draft Date: 9/27/71 ORDINfu~CE NO.~~N.S. AN ORDINANCE OF THE CrfY COUN'CIL OF THE CITY OF TIBURON AHENDINC C'iAPTER 23 OF' TIlE TIBURON fJIX, C:O~,~_ ____. ________ _~__~__..,__,_______,____________ The C j L}' C~)l]nCL: ,) ~ th:2 \:,[ t Y l)f Ii buron does hereby or-da_in as to,:..'O",v:'::; ~~ec L 'l.on 1. j-I.mendmen t . ~;l,~bsectj Cii~c; (7)) 1,8), (9) and (10) of Sf~ction 23-2 of the Tiburcn City Code' [ll::-e bet-elly amended to read as follows: PI en SC'C I ion 11, amended so a~ La '1',vt.:Llv fout' Mim.1Le rarking') is deJ.ete thec2fnml d10 following: 'except ~;U:1lL:'lYl~; ~,ld holidays) I," "(3) :30ct,1.on 11. 1. 'FOr-LV Nin'olte Parking', is amended s~ as to dclet0 th~refrom'L~e tol~owing: I excep t ;:.; imdRy (s and ho 1 idays) I . " "(9) S\...'ct:Lon 11.2, 'One HO\1r Parking', is amended so as to delete therefcom the following: 'except r)\J'1day(s and hol.idaY$)!." "( 10) See Cion 11.3) lTwo Houc parki.ng', 'j:=.: amended so as tD dc~lGtC' ther-efrom the following: '(~'xcept Sunday (s and ho J i.days) i , II Section 2. Amendl2.~0.f.. by Section 2'",-2 of the Tih\11"on City Code is hereby amended a,dding stib['.;(~cti.on J,l (<:-1) , to reDd ~lS [olloi.vs: "(1l(a)) St~cti,_m 1.2(cl) is ~t",(:nded to rc>ad as follows: 'Cd) Pas~en~0~ loadinp ZOD0S shall be indicated by \d~ite pai,nt-'upon the:, top of all curbs iYl :.~aid zones, o~ by th~_?lacan~nt of signs, in the discretion of the C J. ty trar:t l.C C'::lg LTl(:(: r. I" ? ec t :L~~~. ~~e'ndl~~_~l. t . Section 23-2 of the:' Tj,htlron City Code' is hereby .amended hy addin~:; SUD!"0Ct;o:; 11(b). to l:"f-,ad ciS -[0110\']8: !l(11(;))) Sccti."" 12. jl;j) .:c' i(~ add,:d to read as follow8: fe. lY'hC:'1 ~:uch /~on:. ic: L()Ci!.Lr::,d or, Paradise lJrive, or:- uf':::m Lhat: )lortion Df Tiburon Q[!ulevdrc1 bcginntng at ChE' ini.:("rc~Qct',on of ti1f:: Di:,clOI12;:1tioTl of the northerly liner of l"la ~n Strc'et in 'j :il:',lj:on'~".;iLh the northeasterly 1 ine of (;<11 jEorn :.a Sta::l' Highway 131 (Tiburon Boulevard), thence northwesterly along said northeasterly line 370 fl'e~~T t.he ]:".:c".;t:rict'lons shall aODlv until 7 :00 D.m. on allY day (\XCC'I.H: Sunddy~~ and holi,clu)ts.' 11 . Section 4. Separability. If any section, provision, sentence, clause or phrase of this ordinance is, for any reason, declared to be invalid, such decision shall not effect the validity of the remaining sections, sentences, clauses or phrases of this ordinance, it being the intent of the City Council of tbe City of Tiburon that this ordinance shall stand notwithstanding the invalidity of ~uch section. sentence, clause or phnlst'. Section 5. Effective Udt~. This ordinance shall take effect anobe in for"CefFiirty dav's aiLer the date of passage, and before the expiration of fifteen days after its passage the same shall be published, with the names of the rnerriliers voting for and against the same, at least once in a newspaper of general cir- culation publiphed in theCity of Tiht t~on. PASSED AND ADOPTED at a regular meeting of t.lw City Council of t.he City of Tihuron held on 2~~ember 27_, 1971, by the follovvjng vote: AYES: COUNCILHEN: Ellinwood, Rice, Sennett NOES: COUNCILMEN: None ABSENT: COUNC ILHEN : Becker, Fanning DENIS T. RICE Mayor of the City of Tiburon ATTEST: c/LmL BERTBi\:LMER, City ClerlC---- Draft Date: August 9, 1971 ~ ORDINANCE NO. ~N. S . AN ORDINANCE OF THE CITY OF TIBURON AMENDING CHAPTER 23 OF THE TIBURON CITY CODE BY PRO- HIBITING HORSES ON PAVED PORTION OF BICYCLE- PEDESTRIAN PATH The City Council of the City of Tiburon does hereby ordain as follows: Section 1. mendment. Section 23-2 of the Tiburon City COde is hereby amended by adding Subsection l2(b), to read as follows: "(12(b)) Section 13.6 is added to read as follows: 'Section 13.6 Horses Prohibited on paved portion of Bicycle-Pedestrian Path. No person shall permit or allow any horse to enter upon any paved portion,exclusive of crossing at identified acce.. points, of that certain bicycle-pedestrian path owned by the City of Tiburon, and formerly the Northwestern Pacific aailroad Company right-of-way, more particularly described in tbeh certain deeds conveying the said property to the City of 'l'iburon, recorded in Book 2426, Page 99, and Book 2429, Page 428, of the Official Records of Marin Coun1:y, nor shall the same be permitted on any extension of said bicycle-pedestri.. path." Section 2. Separability. If any section, subsection, sentence, clause or phrase of thia ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competeni: jurisdiction, such decision shall not: affect the validity of the remaining portions of the ordinance. The City CoWlcil of the City of Tiburon hereby declares that it would have passed this ordinance, and each section, subse~on, clause or phru. thereot, irrespective of the fact that anyone or more ot:her ..otlons, subsections, sentences, clauses or phrases may be declarea .1nva1id or unconstitutional. Section 3. Effective Date '!'his ordinance shall take effect and be in force at the expia- tion of thirty (30) days from and after its passage, and before the expiration of fifteen (15) days after its passage the same shall be published, with the names of the members voting for and aqainst: the s~, at least once in a newspaper of general circulation pUblished 1ft the City of Tiburon. PASSED AND ADOPTED at a regular meeting of the City Council of t:he City of Tiburon held on September 13 , 1971, by the fOllowing vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Becker, Ellinwood, Sennett, Rice Fanning None ATTEST: ~ .L BERT BALME, fi{~nager/Clerk Draft Date: 8/19/71 Revised Date: 9/26/71 ORDINANCE NO. 74 N.S. AN URGENCY ORDINANCE OF THE CITY OF TIBURON AMENDING CHAPTER 23 OF THE TIBURON CITY CODE BY PROHIBITING VEHICLES 'ON BICYCLE-PEDESTRIAN PATH The City Council of the City of Tiburon does hereby ordain as follows: Section 1. Am~~~. Section 23-2 of the Tiburon City Code is hereby amended by adding Subsection 12(a), to read as follows: "(12(a)) Section 13.5 is added to read as follows: 'Section 13.5. Yf..h5.cles Prohibited on Bicycl"!-Pedestrian E.!.th.. "No person shall operate or drive any motorized vehicle upon any portion of that certain bicycle-pedestrian path owned by the City of Tiburon, and fonnerly the North- western Pacific Railroad Company right-of-way, more particu- larly described in those certain deeds conveying the said property to the City of Tiburon, recorded in Book 2426, Page 99, and Book 2429, Page 428, of the Official Records of )wrin County, nor shall the same be pennitted on any extension of said bicycle-pedestrian path, provided, however, that the prohibition expressed herein shall not apply to the City of Tiburon official vehicles, or to emergency vehicles, operated by public em.ployees.'" Section 2. Senarability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. '!be City Council of the City of Tiburon hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that anyone or more other sections, subsections, sentences, clauses or phrases may he declared invalid or unconstitutional. Section 3. ~ffective~~. This ordinance is here~y declared to be an urgency measure and shall be in full force and effect immediately upon its adoption. Within fifteen (15) days after adoption, this ordinance shall be published at least once in a newspaper of gener~l ci~culation published in the City of Tiburon. The conditions constituting said urgency are as follows: The improvement of the bicycle-pedestrian path referred to in this ordinance is expected to be completed within a period of weeks, whereupon it is anticipated that great numbers of persons will cO~.~nce using the completed path; the use of the path by vehicles or horses would constitute a danger to the safety of those persons using the path as p.?destrians and bicyclists, and it is therefore imperative that this ordinance be effective fmmediately upon its adoption, in order to protect the public health, peace, safety and general welfare. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tiburon held on Au~ust 9. 1971, by the following vote: AYES: COUNCILMEN: Becker, Ellinwood, Fanning, Sennett NOES: COUNC ILMEN: None ~L ABSENT: COUNCILMEN: Rice DENIS T. RICE Mayor of the City of Tiburon ATTEST: aAA7:ZL BERT BALMER, City Clerk/Manager ORDINANCE NO. 73 AN ORDINANCE OF THE CITY OF TIBURON AMENDING SECTION 23-2 OF THE TIBURON CITY CODE BY ADDING THERETO PARAGRAPH (15), ESTABLISHING A FIFTEEN MILE PER HOUR SPEED LIMIT ON EAST VIEW AVENUE AND TAMALPAIS AVENUE The City Council of the City of Tiburon does ordain as follows: Section l. Amendment. Section 23~2~of the Tiburon City Code is hereby amended by adding thereto paragraph (15) to read as follows: "(15) Section 16.5 is added to read as follows: 'Section 16.5. Establishing Speed Limit on East View Avenue and Tamalpa~s Avenue. a) FINDINGS. The City Council of the City of Tiburon does hereby find and determine on the basis of an engineering and traffic survey that: (1) The speed limit of 25 miles per hour, as permitted by the California Vehicle Code, on East View Avenue and Tamalpais Avenue, including all portions of those streets lying within the corporate limits of the City of Tiburon, is greater than is reasonable and safe under the conditions found to exist on said portions of said streets. (2) Said portions of said streets have a width of less than 25 feet. (3) The maximum limit on said portions of said streets of 15 miles per hour is appropriate and is reasonable and safe. b) SPEED LIMIT. The maximum. speed limit on those portions of East View Avenue lying within the corporate limits of the City of Tiburon and on Tamalpais Avenue shall be 15 miles per hour. c) POSTING. The City Traffic Engineer shall erect appropriate signs on East View Avenue and Tamalpais Avenue giving notice of the speed limit established in Section l6.5(b) of this ordinance. '" Section 2. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent By draft date: 7/2/71 1. ; 1 jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council of the City of Tiburon, State of California, hereby declares that it would have passed this ordinance and each valid section, subsection, sentence, clause and phrase thereof irrespective of the fact that anyone or more other sections, subsections, clauses or phrases be declared invalid or unconstitutional. Section 3. EFFECTIVE DATE. This ordinance is to take effect and be in force at the expiration of thirty (30) days from and after its passage, and before the expiration of fifteen (15) days after its passage the same shall be published, with the names of the members voting for and against the same, at least once in a newspaper of general circulation published in the City of Tiburon. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tiburon held on July 13 , 1971, by the following vote: AYES: NOES: ABSENT: COUNCILMEN: Be cker, E11inwoo d, Senne t t COUNCILMEN: COUNCILMEN: None Fannin~;~o eo..;, ~,/ '~>~~ DENIS T. RICE Mayor of the City of Tiburon ATTEST: caJ/2~L BERT BALMER, C~ty Manager/Clerk By draft date: 7/2/71 2.