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Home My WebLink AboutTC Agd Pkt 1999-12-01 TIBURON TOWN COUNCIL AGENDA /l1Af(D< ~- REGULAR MEETING TOWN OF TIBURON 1505 TIBURON BLVD. MEETING DATE: MEETING TIME: CLOSED SESSION: INTERVIEWS: December 1,1999 7:30 P.M. NONE 7:15 P.M. PLEASE NOTE: In order to give all interested persons an opportunity to be heard, and to ensure the presentation of all points of view, members of the audience should: (1) Always Address the Chair; (2) State Name and Address; (3) State Views Succinctly; (4) limit Presentations to 3 minutes; (5) Speak Directly into Microphone. A. INTERVIEWS - (pLANNING COMMISSION VACANCY) 1) Alice Fredericks, 7:15 p.m. B. ROLL CALL C. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any) D. PUBLIC QUESTIONS AND COMMENTS Please confine your comments during this portion of lhe agenda to matters not already on this agenda, other than items on the Consent Calendar. The public will be given an opportunity to speak on each agenda item at the time il is called. Presentations are limited to three (3) minutes. Matters requiring action will be referred to the appropriate Commission, Board, Committee or Staff for consideration and/or placed on a future meeling agenda. E. COUNCIL. COMMISSION & COMMITTEE REPORTS 2) BICYCLEIPEDESTRIAN ADVISORY COMMITTEE - Recommendations Re: Potential Improvements to be included in Marin County BicyclelPedestrian Master Plan - (Vice Mayor Thompson) F. CONSENT CALENDAR The purpose of the Consent Calendar is to group items together which generally do not require discussion and which will probably be approved by one motion unless separate action is required on a particular item. Any member of the Town Council, Town Staff, or the Public may request removal of an item for discussion. 3) TOWN COUNCIL MINUTES - No. 1174 - October 20, 1999; No. 1175 - November 3, 1999; No. 1176 - November 9, 1999 - (Adopt) 4) ESTABLISH NO-PARKING ZONE ON TIBURON BLVD. AT OWLSWOOD ROAD - (Traffic Safety Committee Recommendation) - (Resolution) 5) APPOINT ACTING TOWN ENGINEER FOR NED'S WAY GARDEN HOMES PROJECT - (Resolution) 6) 160 SOLANO AVENUE - Denial of Appeal of Design Review Board Decision to Grant Site Plan and Architectural Review Approval to Construct a Second Dwelling Unit - (Resolution) 7) AMICUS BRIEF REQUEST - Ventura Group Ventures (VGV) v. Ventura Port District (the Port), et al. - U.S. Court of Appeal for the Ninth Circuit, Case No. 97- 55269; Supreme Court of California Case No. S080112 - (Approve) 8) DESIGNATION OF TIDURON POLICE FACILITY AS PRIMARY EMERGENCY OPERATIONS CENTER FOR THE TIDURON PENINSULA - (Resolution) 9) NOVEMBER 2,1999 ELECTION - CERTIFICATION OF RESULTS - (Resolution) G. SWEARING-IN OF COUNCIL ELECT (Upon adoption of the Resolution Certifying the November 2, 1999 Election Results, the Town Clerk will administer the Oath of Office to the Councilmembers elect) H. APPOINTMENTS TO BOARDS. COMMISSION & COMMITTEES 10) BICYCLE PEDESTRIAN ADVISORY COMMITTEE - (Consider Replacement for Nancy Knoble) 11) 1999/2000 TOWN COUNCIL COMMITTEE APPOINTMENTS - (Consider & Confirm) I. UNFINISHED BUSINESS 12) GREENWOOD BEACH ROAD & BLACKIE'S PASTURE DRAINAGE PROJECT- (Authorization for Town to Participate in Joint Public/Private Project) J. PUBLIC HEARING 13)COUNTY-WIDE REGULATION OF FIRE ARMS - Add Chapter 32 to Tiburon Municipal Code pertaining the Regulation of Firearms - (Introduction and 1st Reading of Town Ordinance) 14) FORMATION OF MAIN STREET ASSESSMENT DISTRICT - (To be continued to Wednesday, December 8, 1999, 7:30p.m.) 15) ADOPTION OF NEWLY REVISED TIDURON MUNICIPAL CODE - (2nd Reading and Adoption of Ordinance) K. NEW BUSINESS 16) AMENDMENTS TO LOCAL mSTORICAL LANDMARK DESIGNATIONS A) Old St. Hilary's Church (201 Esperanza Street) - (Resolution) B) Art & Garden Center ( 841 Tiburon Blvd.) - (Resolution) 17) 8 INDIAN ROCK COURT - Request for Adjustment or Removal of a Town-held Scenic Easement over a Portion of a Single Family Lot - (Tom & Holly Strobel, Owners! Applicants - AP# 38-400-04) L. STAFF & TOWN MANAGER REPORTS M. COMMUNICATIONS 18) SPECIAL EVENT PERMIT - MS SOCIETY W ALKATHON - (From B1ackie's Pasture along Multi-Use Path to City of Belvedere & Return) - (Sunday, April 9, 2000) 19) COUNTY JET SKI ORDINANCE - Letter from Board of Supervisor's President Annette Rose - (November 19, 1999) N. ADJOURNMENT Future Aeenda Items --Acceptance of Quitclaim Deedfrom The HilaritajOr Portion of Ned's Way - (January) --County-wide ban on Jet Skis - Town Ordinance - (January) --100 Via Los Altos - Rezoning, General Plan Amendment, Amendment to the La Cresta Precise and Master Plans and Lot Line Adjustment - Morgan and Sandra Davis. Applicants - (January 5, 2000) .I-P~ ,A/o'R~CEIVED ,>>d...,........, V< F _ '" __ :;: :,:,""-l- ...0: :::~~*::).!j.~.~.~.]~.~.l.~.f.'~r.-~!!.j!.t.?~~t:::$:;:::;:::,::~-:wf~~:t:::~~;:: i"f.~.~.~...'".~...',.".":.r,..'~,.~.::..,~,.~,,.~:,.~",...-~:'.~"'I".~,.:.'i".t,...:.,..I,.-l,,..l,.."..;"t"~,..~,.r.,.......~...,..i.,;.,..:.~,,,.':.-;,.:',,;..,.::..:,..',~,.,...:. '":".'..,..[,,:.,.;.~:~:,.~:.~..,.~.,.,,!,,f,..;,..:":".:,.:..:.',,~,,:.,..;.:.,.,.,,,:,,~,,:::..~,...,.f";".~,..:,.:"~:".,.~,,:,.:,,.~:.;,,:,,;,,.;."'.".:".~,..:..,~.::.~..,.::,~,..::.i";::j,,'..,::.:,,.i"~,.~",::...:,.~".:,'.'.:.;:::.j,,j..,~,::.:,.' - ~ , ~1: . ~i:.' .... .... ",' :,<.!j:l;l:l;[llli':I.!Wf~~fH# NAME: /-/)U ~(Jdtp~,c. /:::'> MAILING ADDRESS: eyre Ct1.7:d- r:/uo fa /1 e-. TELEPHONE: Home: -rg"l-5/{,(, Work: Fax No. 7-8<(-5;( t 6 PROPERTY OWNERS' ASSOC. (lfapplicable) (If!:""'!" Cw... Ok t;j{/rO' ~ TIBURON RESIDENT: (Years) 3 ' S' DATE SUBMITTED: (0/0>;/99 ?&ti5-e ~ a.ffcrc.hr/ te~ Pc< u S-e ~ cclftt. cA..d ;:; Q 5 v/Jt.f ' ----------------------------------------------1l0lYll lIall lJse ------------------------------------------------- Interview Date: I J - 1- C; 1 (1 ~ l-r ~A) /0- ;l.'i~ !/ _ Date Application Received: _ Appointed to: (Commission, Board or Committee) (Date) _ Date llerm Expires: Length ofllerm: jm 12/95 2 c ~ ..~....~..'. v ~ ,.;,1,;',~ . ~ 1505 TIBURON BOULEVARD. TIBURON . CALIFORNIA 94920 . (4i5) 'B5.7373 FAX (415) 435.2438 J. ,- >' :}~~;.~ .,.,.'t-. "(:"''-'- COl\tTh'IISSION. BOARD & COl\tTh'IITTEE APPLICATION The Town Council considers appointments to its various Town commissions, boards and committee throughout the year due to term expirations and unforeseen vacancies. In its effort to broaden participation by local residents in Tiburon's local governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing both sides of this form and returning it to Town Hall. Copies will be forwarded to the Town Council and informal applicant/Council interviews are scheduled periodically during the year. Your application will also remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. &A Robert L. Kleinert Town Manager * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Indic:lte Your Area(.) o(Intere.t in Numerical Order (#1 Being the Greate.t Intere.t) X PLANNING PARKS & OPEN SPACE DESIGN REVIEW RECREATION HERIT AGE & ARTS DISASTER PREPAREDNESS BUDGET & FINAL'fCE LIBRARY RECYCLING & WASTE MANAGEMENT DOWNTOWN REVITALIZATION TASK FORCE 1 _..'~ Town Council Tiburon Town Hall 1550 Tiburon Blvd Tiburon, CA 94920 RECEIVED OCT 2 9 1999 ". TOWN MANAGERS OFFICE TOWN OF TIBURON October 29,1999 Mogens Bach, Harry Mathews, Andrew Thompson, Terry Hennessey, Thomas Gram Dear Members ofthe Town Council I am writing this letter and updating my resume in response to the Town Newsletter. I am still interested in serving as a member of the Planning Commission. During the three years I have lived here, I have had the honor of serving the Town in several capacities, as described in the attached resume update. I feel the experience has brought me even more understanding of the town, and further qualified me to serve its needs.. Although I am not a professional in the field of development, I can read site plans and building plans, do research and present findings respectfully and coherently. I can serve the Planning Commission as a thoughtful and extraordinarily educated representative of our citizenry. Most of all, I feel strongly about keeping the peninsula the wonderful place that it is by creative problem solving. While President of the Lyford's Cove Old Tiburon Homeowners Association, I have become more conversant with the town plan, the ordinances that put it into action, and the misunderstandings many have about the issues that arise. I have presented the views of neighbors before Commissions and the Town Council and explained the town's position to the Homeowner's Board. As a Parks and Open Space Commissioner, I have been an active participant in the process of coming to an conclusion respectfully, even when positions of the parties involved are at the same time meritorious and polarized. The concerns of my neighborhood mirror those of others on the peninsula. As the buildout of this side of the peninsula caps out, the issues change. The challenge to apply the town plan in an equitable manner that allows reasonable building with the smallest impact possible on the existing neighborhoods will escalate. That challenge can best be met by the Planning Commission it: it includes citizens who can work with the building professionals on the commission using knowledge of the town plan and reasonable sensibilities about expansion and fairness. I ask you to consider me as a candidate for Planning Commission. z~~~ Alice Fredericks One Cazadero Ln Tiburon, CA 94920 "';. ..ti )-i:j;,t:."-~~':;:/..';'{,',:, i;~-;":'t ;"'ii.;':, ;}-~\;,!" ~.."~Jf,~~~~,,;.;j -e' ,1" ~:"~'<,,;,.,,!:.J.t' ',$", -'Y_,,!": /'i~'--'!'-;1':~ ".""~J1i';f'A ;:' t'p..- ,'i::>~ ':r,::-' ".:T'-:.~~:::;:~ .'yt''-;__~:-r';:;t~"~~~~~ :~Y,' .. . .. Alice Fredericks . One Cazadero Lane Tiburon, CA 94920 415-789-5166 Objective: continued public service in my home community ProCessional Training: Admitted to the State Bar ofCA, currently inactive J.D.:Honors, 1984 USF School of Law Post-doctoral training: 1972-1975 Cardiovascular Research Institute & Clinical Pharmacology Fellow. UCSF School of Medicine Ph.D.: 1972, University of Miami, Psychology Dept., Behavioral Medicine Program, Coral Gables, F1 Research & Teaching Fellow 1968-1972, University of Miami, Psychology Department Experience Legal Extern: Jan. - June 1984 Justice Otto Kaus, California State Supreme Court Legal Extern: Superior Court, Marin County, Summer 1983. Hon. Henry Broderick Research Psychologist: 1976-1979 Drug Abuse Program Project, UCSF., Dept of Psychiatry & Medicine, UCSF Reese Jones, M.D. Director of the Project ProCessional Activity . Member: 1982-1986 Committee on Human Research, UCSF, School of~fedicine. Review of research and innovative treatment protocols for conformance with HHS, FDA State and University regulation for protection of research subjects. Board Member: 1983-1984 San Francisco Public Interest Law Foundation Member: 1979-1981. Animal Care Committee, School of Medicine UCSF Publications Publications of original research in major pharmacological & behavioral researchjoumals. Bibliography on request. Community Service Lyford's Cove Old Tiburon Home Owners Assoc- 1998- Present President attended pertinent Council, Planning Commission and DRB meetings to present neighborhood concerns regarding remodeling, development, views, traffic, path access and other issues for consideration by the pertinent body. Participated in &Ior helped organize neighborhood activities including emergency preparedness, block party, neighborhood cleanup, exchange of info re under grounding Peninsula Library Foundation Board - Present Fund raising, program organizing, leading book group discussions, tutoring Internet research Town ofTiburon Parks & Open Space Commissioner - Present Researched & presented findings regarding various issues before the Commission. Other pertinent activity: Coastal Clean-Up -helped organize the day Multi-Path Use Survey - organized volunteers, collected data ~.,.. ." TOWN OF TIBURON NOTICE OF UNSCHEDULED VACANCY Application Period: November 1999 (Interested Residents can call 435-7373 for an application) PLANNING COMMISSION - (Statutory Authority: Section 3.04 of Tiburon Zoning Ordinance) Purpose: The Planning Commission reviews and acts on applications for Conditional Use Permits, Secondary Dwelling Unit Use Permits, Minor Subdivisions, Lot Line Adjustments and certain other required applications. The Planning Commission also makes recommendations to the Town Council regarding Zone Changes, Zoning Text Amendments, Precise Development Plans, Major Subdivisions, and amendments to Master Plans and the Tiburon General Plan. Decisions of the Commission are final, unless appealed to the Town Council. Qualifications: Applicants must be residents of the Town ofTiburon and have the interest, dedication and time commitment to promote the general welfare of the community through proper interpretation and implementation of the Tiburon General Plan and Tiburon Zoning Ordinance. The unscheduled vacancy on the Planning Commission occurred as follows: I) Appointees Nancy Knoble Date Appointed January 1998 Date Resillned October 1999 Term Expires February 2002 Deadline for Receipt of Applications = November 30, 1999 --Notice Posted at Office ofTiburon Town Clerk and Belvedere/ Tiburon Community Library on November 5, 1999 --Notice Faxed to The Ark & Marin Indeoendent Journal --Courtesy copies to Tihuron Town Council & Town Staff TOWN COUNCIL MINUTES C~3' ~4~)~ . CALL TO ORDER Mayor Bach called t mee' g of the Tiburon Town Council to order at 7:35 p.m. on Wednes , ctober 20, 1999, in own Council Chambers, 1505 Tiburon Boulevard, Tiburon, C ifornia. A. INTERVIEWS 1) At 7:15 p.m., Council interviewed Jack Mavis, 407 Paradise Drive, for a vacancy on the Design Review Board. B. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Bach, Hennessy, Matthews, Thompson Gram PRESENT: EX OFFICIO: Town Manager Kleinert, Town Attorney Danforth, Planning Director Anderson, Finance Director Stranzl, Superintendent of Public Works Iacopi, Deputy Town Engineer John Huginin, Town Clerk Crane Iacopi C. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any) Mayor Bach said there was no closed session. D. PUBLIC QUESTIONS AND COMMENTS Elizabeth Barrows, 509 Ned's Way, asked about the Senior Housing Project and was told that she could speak during the scheduled time for that item on the agenda. Larry Smith, Tiburon Peninsula Foundation President, said his organization was taking the lead in effecting the repairs to Blackie's sculpture. He said it would have been impossible to vandalize it with a rock and surmised that a sledgehammer had been used. Smith said the most practical way to make repairs would be to extract the entire statue, but that it might be possible for the artist to make the repairs on-site. Smith also said the artist and the Foundation Board wanted to continue to have Blackie as an interactive sculpture and to allow children to sit on it. He said they [the children] were protected by the soft material been placed around the statue by the Town. Mayor Bach and Councilmember Hennessy concurred that the sculpture should be available in this way. Bach noted with pride the first time he witnessed a child sitting on the sculpture in Blackie's Pasture. Town Council Minutes #1174 October 20, 1999 Page 1 E. COUNCIL. COMMISSION & COMMITTEE REPORTS Councilmember Thompson announced that the proposed jet ski [ban] ordinance would be heard by the Marin County Board of Supervisors on Tuesday, October 26, 1999. F. CONSENT CALENDAR 2) TOWN COUNCIL MINUTES - No. 1171 - September 1, 1999; No. 1172 - September 15, 1999 - (Adopt) 3) TOWN MONTHLY INVESTMENT SUMMARY - As of August 31,1999 - (Accept) 4) MAIN STREET ACCESSffiILITY PROJECT - Memorandum of Understanding with Sanitary District NO.5 - (Authorize Execution) 5) CYPRESS HOLLOW LIGHTING & LANDSCAPING DISTRICT - (Adopt Resolution for Continued Maintenance and Operation of District) 6) SHORELINE PARK LIGHTING SYSTEM REPAIRS - (FY99-2000 Budget Amendment) 7) TOWN HALL - SPRINT PCS SITE AGREEMENT - (Amendment) Councilmember Hennessy moved to add Items No. 13 & 14 to the Consent Calendar. Motion passed. 13) FIRST QUARTER BUDGET REPORT - FY ENDING 6/30/2000 14) SPECIAL EVENT PERMITS - (Sunday, October 24, 1999) A. Pet Paws Parade - (Lower Main Street) B. "Kosovo Sleep Safe Project" - (Walk along Multi-Use Path) Town Manager Kleinert removed Item No.7, Town Hall Sprint PCS Site Agreement, from the Consent Calendar, pending further changes by Staff. MOTION: Moved: Vote: To approve Consent Calendar, Items 2 through 6 above, and Items 13 & 14. Hennessy, Seconded by Thompson AYES: Unanimous ABSENT: Gram G. APPOINTMENTS TO BOARDS. COMMISSIONS & COMMITTEES 8) DESIGN REVIEW BOARD - (One Vacancy) Mayor Bach said the Council had interviewed some excellent candidates, but suggested postponing appointment pending further interviews as a result of interest generated by the Town newsletter. Council directed Town Clerk Crane Iacopi to extend the application period to November 15, 1999. Town Council J.\1inutes #1174 October 20, 1999 Page 2 - ~.. H. PUBLIC HEARING 9) NED'S WAY & TffiURON BOULEVARD: NED'S WAY GARDEN HOMES PROJECT; Ned's Way Garden Homes, LLC, Applicant - AP No. 058-151-35. The Town Council will hear public testimony on the merits of a proposed 25-unit senior housing project located on 1.51 acres of land and will consider certification of the Final Environmental Impact Report for the Project. - (Resolution) Planning Director Anderson said the item before the Council was a Precise Development Plan proposing the construction of25 senior housing units on Ned's Way near the Tiburon Boulevard intersection. He said the project was the culmination of a process that begin in 1995 with the passage of the ballot initiative directing the construction of senior housing at the site of the [now] former Town Hall and Police buildings. Anderson said the design competition had been spearheaded by the Senior Housing Advisory Committee and Ned's Way Garden Homes had been selected as the winner by the Town Council. Anderson said the Planning Commission had considered the project and its EIR at three public hearing in August and September 1999, and had praised the project for its design and compatibility with surrounding development. He said there were a couple of "quirks" such as the fact that some of the dormers were higher than 30 feet. In response to a question about potential view blockage from the Hilarita, Anderson said it would be minimal. The Draft EIR was released for public comment on June 30, 1999 and the Final EIR was released on September 17, 1999. Some potential impacts were noted in the DEIR in the following categories: CirculationlTraffic; Hydrology and Water Quality; and Noise. Anderson said the DEIR indicated that all potential significant impacts could be reduced to less than significant levels through the adoption of mitigation measures. According to Anderson, the Planning Commission had recommended certification of the EIR by Council subject to these conditions, including the addition of 10-20 parking spaces up hill for overflow, guest and Hilarita parking. Anderson noted that the Tiburon Police Department could use the parking as well. Anderson also said that Town Staff and the applicant had met with representatives from the Reed Union School District to discuss more precise detail regarding the development and implementation of noise and construction traffic mitigation measures. He said these details could be worked out in a separate agreement adopted at a later date, but might involve some minor changes to the mitigation monitoring program. Bruce Burman of Ned's Way Garden Homes gave a brief presentation. He said the project consisted of 12 duplexes and one single-family, detached home. He said the square footage of the nine (9) 2-bedroom and sixteen (16) 3-bedroom units ranged from between 1100 and 2100 square feet. Town Council Minutes # 1174 October 20, 1999 Page 3 In response to a question from Councilmember Matthews, Burman said the units would range in price from $275 to $325 per square foot, and that 65-70% were ADA accessible units. More specifically, the below market rate (BMR) units included kitchen and bathroom accessibility. Councilmember Hennessy said she wanted to ensure that the same amenities, such as fireplaces, were contained in the BMR units as in the market rate units. Mayor Bach opened the public hearing. Jeff Johnson, resident of Belvedere and attorney for Reed Union School District, said his client endorsed the mitigation measures but would prefer that the work be done in the summer months while school was not in session. He said the 315 [Reed School] students would be adversely affected by the noise impacts and that since most of them came by car, they would also be adversely impacted by construction traffic. Johnson asked that the Council require some sort of agreement between the school district and the developer concerning these issues. Town Attorney Danforth noted that CEQA did not require third party agreements as mitigation measures and suggested that any agreement be solely between the developer and RUSD. Councilmember Hennessy queried whether an effort had been made to carpool during the construction period. Johnson asked why the school district should make it easier for the developer. Mayor Bach said he did not appreciate this comment and suggested a more positive attitude would be beneficial. Jeri Johnson, RUSD Business Manager, said the school district did indeed encourage carpooling, and sent out special notices concerning this and other timely events. Planning Director Anderson said there was a typographical error in the revised mitigation monitorying program. He said there was no outdoor standard for construction noise but that it could be lowered to 75, not 60 decibels, and that the developer had agreed to do so. Elizabeth Barrows, 509 Ned's Way, said that she, along with many others, assumed that "senior housing" would be affordable housing. She also suggested that there be more two-bedroom units in the project. Barrows also asked about parking for visitors to the project. Mr. Burman responded that there would be at least 10 spaces outside of the development, in addition to the 50 stalls in the subterranean parking garage. Planning Director Anderson said the Town could require up to 20 per the Planning Commission's condition of approval. Mayor Bach closed the public hearing. Councilmember Matthews responded to the "three-bedroom" question. He said the Town's Town Council Minutes #1174 October 20, 1999 Page 4 commitment was to provide four units that would be sold at below market rates and that the other 21 units were left up to the developer to design. Councilmember Thompson noted there had been extensive meetings and public hearings to try to incorporate the various ideas into the development. Councilmember Hennessy said she was the owner of a BMR unit at Pt. Tiburon Marsh and that those units had been developed with inferior appliances and no fireplaces. She insisted that the BMR units at Ned's Way Garden Homes have comparable amenities to the market rate units, especially dishwashers, washers & dryers, fireplaces, and front doors. Councilmember Thompson asked about construction noise. Burman told him there would be no pile driving and a sound wall had been required. He said the equipment would consist ofD6 bulldozers and backhoes. Burman noted that sound traveled uphill and not downhill [towards the school]. Mayor Bach said he thought children enjoyed watching construction projects. MOTION: Moved: Vote: MOTION: Moved: Vote: To adopt the Resolution Certifying the Final EIR for Ned's Way Garden Homes Project (PD#44) and Making Findings of Fact for the Ned's Way Garden Homes Development Project - AP#58-151-35 Thompson, Seconded by Hennessy AYES: Unanimous ABSENT: Gram To adopt the Resolution Approving the Ned's Way Garden Homes Precise Development Plan (PD#44) and adopting a Mitigation Monitoring Plan - AP#58-151-35 Hennessy, Seconded by Matthews AYES: Unanimous ABSENT: Gram Town Attorney Danforth noted that the measures requested by the Reed Union School District would be contained in a separate agreement between the school district and the developer, and would not be a part of the resolutions adopted by Council. 10) MAIN STREET RECONSTRUCTION ACCESSffiILITY PROJECT - (1-55 Main Street) - Adoption of Negative Declaration and Approval of a proposal to raise and widen existing sidewalks, raise the street pavement level, create additional pedestrian crosswalks, narrow an existing travel lane, and reduce on-street parking spaces on Lower Main Street - (Resolution) Planning Director Anderson said the project had been four years in the making and consisted of improvements to a one-block area on lower Main Street. He said the initial study identified issues of traffic, circulation, and historic resources (removal of some building siding which would need careful replacement), all of which would be mitigated. Town Council Minutes #1174 October 20, 1999 Page 5 Anderson said the independent traffic analysis concluded that the project would improve overall safety on the street as well as accessibility for disabled persons. Mayor Bach asked why the plans called for a curb on the new street, and said he would prefer it without a curb for aesthetic reasons and also for flexibility if the street were ever made into a one- way thoroughfare. Deputy Town Engineer Huginin said the [ad hoc] Main Street Subcommittee recommended the curb design. Planning Director Anderson said a flat interface would not meet ADA guidelines. T own Attorney Danforth elaborated further on the difference in materials used on the areas close to the BART tracks to distinguish the surfaces. Superintendent of Public Works Iacopi said there were pipes that needed replacement under the street which should be taken into consideration before the project was underway. Mayor Bach opened the public hearing. Robert Trieber, representing some Main Street merchants, expressed concern about the length of the [lO-week] project and the loss of some parking spaces after the completion of the project. He also asked that the hours designated for commercial delivery be changed from 7:00 - 11 :00 a.m. to 7:00 -10:00 a.m. to accommodate the opening of his business at 9:30 a.m. Mayor Bach said he did not anticipate unforeseen delays on the project, and noted that the Town had and would continue to work closely with the downtown merchants as best it could. Town Attorney Danforth noted that the contract contemplated 50 working days, which would not include rain days. Town Manager Kleinert said the street would remain open for deliveries and refuse pick-up. Nat Marans, Spanish Trail, asked why the two handicap spaces were being eliminated on Main Street and noted that he now needed one. He also criticized the width of the street and said the new design would "make it nothing but worse." Planning Director Anderson said the Town's Building Official would designate the handicap spaces per State Law. Bill McLaughlin, 36 Old Landing road, said it would be fabulous to do without the curbs on the street, and cited examples of areas in downtown Monterey and Sacramento with similar [curbless] streets. Mr. Zandvakili (Jr.), asked whether the project assessment fees had already been levied and whether he could get in writing that there would be no future assessments. Town Council Minutes #1174 October 20, 1999 Page 6 ;;Y.' Town Attorney Danforth said no one would know the actual cost of the project until the bids were received, but that if the project cost less than the assessed fees, a refund would be made. Town Manager Kleinert said the district members could pay the assessment fee in a lump sum and there would be no future assessments. He said that information could be provided in writing. Councilmember Thompson said he also favored a flat [curbless] street. He asked whether the curbs could be changed later on. Planning Director Anderson said that pedestrian safety would have to be addressed, in that case, through the placement ofbollards or planters, or some other barrier. Council member Hennessy reiterated her support of a one-way solution and continued to maintain that a two-way street and sidewalks would be too narrow for both cars and pedestrians. Councilmember Thompson said he also supported the one-way plan but said he would vote to approve the project in order to move it forward. MOTION: To adopt resolution approving the Main Street Accessibility Reconstruction Project and adopting a Mitigated Negative Declaration for the Project. Matthews, Seconded by Thompson AYES: Bach, Matthews, Thompson NOES: Hennessy ABSENT: Gram Moved: Vote: 11) ZELINKSY P ARKIRAILROAD MARSH FLOODPLAIN PROJECT - Located behind the BelvederelTiburon Library and Town Hall buildings (1501 & 1505 Tiburon Blvd.) - Ordinance establishing Processing Procedures - (2nd Reading and Adoption) Planning Director Anderson said Council had introduced the ordinance and passed first reading on October 6, 1999. Mayor Bach opened the public hearing. There was no public comment. MOTION: To read Ordinance establishing Processing Procedures for the Zelinsky Park/Railroad Marsh Floodplain Project by title only. Moved: Vote: Thompson, Seconded by Hennessy AYES: Unanimous ABSENT: Gram Mayor Bach read, "An Ordinance of the Town Council of the Town of Tiburon Establishing Planning Procedures for the Proposed Zelinksy Park/Railroad Marsh Floodplain project located on Town of Tiburon-owned Land behind the Tiburon Town Hall and Belvedere- Tiburon Public Library Buildings at 1501 & 1505 Tiburon Boulevard (Portions of Assessor Parcel Nos. 58-171- Town Council Minutes #1174 October 20, 1999 Page 7 62 & 85). MOTION: Moved: Vote: To adopt above Ordinance. Thompson, Seconded by Matthews AYES: Bach, Hennessy, Matthews, Thompson NOES: None ABSENT: Gram L UNFINISHED BUSINESS 12) DOWNTOWN FERRY DOCK REALIGNMENT PROJECT - (Consider Status & Review Options) Town Manager Kleinert gave the Staff Report. He noted that the option to build a new ferry dock at the site of the current downtown ferry dock had first come before Council in 1995 in the form of a grant from the California Transportation Commission. At that time, Council approved, but then subsequently withdrew, its support of the funding. The disapproval was based in part on opposition by Pt. Tiburon homeowners to the larger size of the new dock. In 1997, a new Council voted to reinstate the grant application and authorized the Town Engineer to apply for an advance on funds to prepare drawings of a revised project, which contained three alternative dock positions at the current location. Kleinert said the matter was now before Council for further direction and because the grant specified a deadline of May 2000 for completion of the project. Although Kleinert noted it would be difficult to meet this deadline, he surmised that there might be an extension if the project was well under way by that time. However, Kleinert said an essential component was missing in that the owner of the current dock, Mr. Zelinsky, showed little or no interest in pursuing a reconstruction project nor of giving up ownership of the dock to the Town. Town Manager Kleinert said that Blue & Gold Fleet had also proposed a new floating dock which would solve the problems of ADA access and would not be as large as the original replacement dock. Pip Ellis, representing Blue & Gold, said her company wanted to work with the Town to improve ferry service. She invited Council to view the proposed dock which had been in use at Pier 41 for one year and which had gained approval from members of the disabled community. In response to questions from Town Manager Kleinert, Peter Belden of Angel Island Ferry and Michele Kelly of Guaymas Restaurant, said they would not oppose the Blue & Gold design. Finally, Town Manager Kleinert said Mayor Bach had submitted a drawing for an improved pedestrian traffic circulation pattern in the dock area and possibly, another alternative for dock placement. Town Council Minutes #1174 October 20, 1999 Page 8 Kleinert suggested that the matter be continued to November 17, 1999 for further study of the above options. Council concurred. Councilmember Hennessy asked the Town Manager to convey her sentiments to Mr. Zelinsky that she thought it would be in the best interest of the Town in the long run to have ownership and/or operation of the dock facilities. J. NEW BUSINESS 13) FIRST QUARTER BUDGET REPORT - FY ENDING 6/30/200 Item moved to Consent Calendar. K. COMMUNICATIONS 14) SPECIAL EVENT PERMITS - (Saturday, October 24, 1999) A. Pet Paws Parade - (Lower Main Street) B. "Kosovo Sleep Safe Project" - (Walk along Multi-use Path) Items noted. L. ADJOURNMENT There being no further business before the Town Council of the Town ofTiburon, Mayor Bach adjourned the meeting at 9:50 p.m., sine die. MOGENSBACH,MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Minutes #1174 October 20, 1999 Page 9 TOWN COUNCIL MINUTES Dl<AFT CALL TO ORDER Mayor Bach l"eathe regUlar m-eeti on Wedn day, November 3, 1999, in Tiburon, alifornia. of the Tiburon Town Council to order at 7:33 p.m. own Council Chambers, 1505 Tiburon Boulevard, A. ROLL CALL PRESENT: COUNCILMEMBERS: Bach, Gram, Hennessy, Matthews, Thompson PRESENT EX OFFICIO: Town Manager Kleinert, Town Attorney Danforth, Planning Director Anderson, Senior Planner Watrous, Superintendent of Public Works Iacopi, Chief of Police Herley, Town Clerk Crane B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any) Mayor Bach said there was no closed session. C. PUBLIC QUESTIONS AND COMMENTS Mayor Bach congratulated Councilmembers Hennessy and Thompson on their successful bids for reelection on November 2, 1999. D. COUNCIL. COMMISSION & COMMITTEE REPORTS I) RICHARDSON BAY REGIONAL AGENCY - (Councilmember Thompson) Councilmember Thompson said the County had adopted an ordinance banning jet skis. He proposed that the Town adopt its own version. 2) MCCMC LEGISLATIVE COMMITTEE - (Councilmember Matthews) Councilmember Matthews gave a brief update on committee activities. E. CONSENT CALENDAR 3) TOWN COUNCIL MINUTES - No 1173 - October 6, 1999 - (Adopt) 4) TOWN HALL - SPRINT PCS SITE AGREEMENT - (Amendment) 5) TRAFFIC SAFETY COMMITTEE - Minutes of October 14,1999 Meeting - (Accept) 6) CITIZEN OF THE YEAR - Commendation for John Kern - (Adopt Resolution) 7) AMICUS REQUEST Utility Cost Management v. East Bay MUD, A087191 Court of Appeals, First Appellate Dist. (Division Five) - (Approve) MOTION Moved Vote: To remove Item Nos. 4 & 6 from the Consent Calendar. Matthews, Seconded by Gram AYES Unanimous Town Councillvfinutes #1175 November 3, 1999 Page 1 In addition to his personal comments, Mayor Bach read the resolution, Item No.6 above, in commendation of John Kern's selection as Tiburon Peninsula Chamber of Commerce 1999 Citizen of the Year. Chief of Police Herley also said Mr. Kern would be receiving a Certificate of Commendation from the State Attorney General for his role in building the Tiburon Police station. MOTION: Moved: Vote: To move up Public Hearing Item No. 11 Hennessy, Seconded by Gram AYES: Unanimous G. PUBLIC HEARING 11) APPEAL OF DESIGN REVIEW BOARD DECISION - Approval of Second Residence at 160 Solano Avenue, AP No. 59-142-12 - (Margaret May, Applicant; Leslie & Maxine Hembree, 172 Solano Avenue, Appellants) Senior Planner Watrous gave the Staff Report. He said the applicant had received Design Review Board approval on September 16, 1999 to construct a new single-family dwelling on property located at 160 Solano Avenue. The new house would be the second dwe1\ing on the property and would be part of a proposed plan to condominiumize the ownership of the property. Watrous said the owners of 172 Solano Avenue (Les and Maxine Hembree) had filed a timely appeal of the approval. The appeal was based upon the Hembree's contention that there was not adequate review of the project's impact on their views and that the story poles did not accurately represent the proposal presented to the Design Review Board on September 16, 1999. Watrous said the Design Review Board had reviewed the project and visited the site. He said the Board heard public testimony at its August 5, 1999 meeting from the Hembrees and other neighbors who were concerned about the project. Watrous said the Board did not approve a two- story plan at that time due to some of the issues raised and requested to see a one-story alternative. Watrous said the conceptual one-story plan presented would have brought the living areas closer to several of the neighboring residences than the two-story plan. He said the Board subsequently approved a revised two-story plan at its September 16, 1999 meeting. In response to questions from Council, Watrous said the Board considered the view blockage of the approved project "peripheral," that is, the essence of the center of the view [of Angel Island] from the Hembree residence was intact. In response to a question from Council about the story poles, Watrous said that the Town had general guidelines such as placement 10 days before a public hearing, and required certification of the story poles before the Design Review Board hearing. Mayor Bach opened the public hearing. Town Council Alinutes #1175 November 3, 1999 Page 2 Attorney John Sharp, representing Appellants Les & Maxine Hembree, said his clients were concerned about the bulk and mass of the second story which would "loom over" their living space and deck. Sharp said his client's views were already compromised by the existing house, and said the Town's Zoning Ordinance and Hillside Guidelines discouraged construction that would eliminate 10% or more of an existing view. He said the applicants knew of the constraints of the lot and even though they had made an effort to re-design the project, the Town Council should rely on the Town's policies in deciding whether to uphold the current design. Michael Heckman, also speaking for the appellants, said there were other solutions such as a single-story dwelling, which would preserve the Hembree's views. Heckman distributed a photo montage showing the ouline of the proposed second dwelling and view blockage from the Hembree's home. He also suggested that the other affected neighbors should also be willing to comprOlllise. Appellant Les Hembree said he and his wife had lived at 172 Solano Avenue for 11 years and had assumed they would have view protection. He said their main entry and exit was from their deck area, and that the shape of the new dwelling would be "egregious" in blocking their view from that location. Applicant Dolores Davis, who along with Sean Rorke and the owner of the property, Maragert May, planned to develop the property, said they had provided a letter from a civil engineer which certified the story poles. Ms. Davis contended that the Design Review Board had given due consideration to the Hembrees, and that the view blockage issue "was of utmost importance in their minds. " She said they had met the requirements of the Town's Hillside Guidelines and that the change in the view to the Hembrees was, indeed, peripheral. She handed out a chart depicting the current view from the Hembree residence at 126 degrees, of which less than 10% would be eliminated. Ms. Davis said they had moved the house back a total of 151/2 feet after four [plan] revisions, and that the height of the building (126' & 129') was considerably lower than others in the neighborhood. In response to a question from Vice Mayor Gram, Ms. Davis said the dimensions of the second story were 20x20 feet. Attorney Rob Epstein, representing the applicants, said the objection of a single neighbor was not adequate to overturn a unanimous decision by the Board and the Town's Hillside Guidelines. He said the Hembree's deck encroached on the current setback rather than the new home itself, and suggested that the deck was a non-conforming structure. Epstein said the Town's Hillside Guidelines did not intend for a 360 degree view preservation. He also said that a portion of the Hembree's current view had not existed prior to the cutting of some poplar trees in the neighborhood last year. Mr. Epstein objected to new material being handed out at the meeting by the Appellants' architect. Town Council Minutes # 1 1 75 November 3, 1999 Page 3 Epstein also said it was impossible to respond to an unknown new design solution speculated upon by Mr. Hembree. Robert Ellsberg, owner of2250 Centro East and 2245 Paradise Drive, 24-year resident of the area, expressed his concerns about privacy for the abutting lots. He said his concerns were in conflict with the Hembree's desire for a one-story solution at 160 Solano, but that the Design Review approved plans were the best for him. During rebuttal, Attorney Sharp said Attorney Epstein had misunderstood some of his remarks. He said he neither denied nor admitted any encroachment of the Hembree's deck, and said there was no law against considering the view impact from this location. Sharp said the living area inside the Hembree's home was impacted and not a new issue as characterized by Epstein. Michael Heckmann said that it appeared that only a handful of the story poles for the project were in place and that the previous [project] architect, Hank Bruce, had told him that the story pole for the chimney was incorrectly placed. Les Hembree said he could offer a design solution if asked. He also said the current view was one he and his wife had when they purchased the house. Mayor Bach closed the public hearing. Vice Mayor Gram said there should be a policy concerning story poles. He said he would like to see them connected by ribbons or tape in order to "get the full picture and perspective." Mayor Bach concurred that it was difficult to read or know which story poles were which since they were not marked on the plans in his packet of materials. He said the Council should have the same information that was provided to the Design Review Board. Councilmember Matthews said the primary view from the Hembree residence was on the east side toward Angel Island and Berkeley. He said there would always be an impact from in-fill development but questioned whether the proposed structure would impact the main view corridor. Councilmember Thompson concurred that it was difficult to develop in old neighborhoods in Tiburon with their unusual lots and unique charm. He said he had the same reaction as the Design Review Board to see a one-story plan, which would have less impact. Councilmember Hennessy said she had planned to abstain from voting on the Appeal because she had not been able to visit the site due to the press of the election. However, she stated her opinion based upon the materials received and submitted at the hearing that a two-story house would not work because the uphill [as yet undeveloped] lot would have to have an even higher structure. She suggested that it might not be worth developing the second dwelling at 160 Solano. Town Counci/lvlinutes # 1175 November 3, 1999 Page 4 Mayor Bach said he would like to see a solution that would minimize the impact to all parties, and would favor a continuance in order to see the connected story poles. Both Applicants and Appellants agreed to a continuance. Vice Mayor Gram said the Council would review the new information but should not hold another public hearing. Attorney Epstein said he would submit some correspondence in favor or his clients. Attorney Sharp asked for the opportunity for rebuttal, if necessary. MOTION: To continue the Appeal to the next regular meeting on November 16, 1999, pending connection of the story poles by ribbon and location of the poles to be noted on the plans. Gram, Seconded by Matthews AYES: Unanimous Moved: Vote: F. NEW BUSINESS 8) DEDICATION TO SPECIAL EDUCATION EVENT - (Consider June 2000 Fundraiser) Town Manager Kleinert said sponsorship continued to grow for the event, which had taken place at McKegney Green over the last two years. He said the organizers had worked well with the Town and now sought conceptual approval from the Council to plan another event in June 2000. In addition, Kleinert said, the Reed Schools Foundation was interested in utilizing the tent facilities for an event of their own that same weekend. Kleinert said the community would benefit from both events, and the event planners would be able to share the facility costs. Council expressed concern that it would be difficult to assign responsibility if two separate groups used the facilities on the same weekend. They directed Staff to ensure that the organizers were clear about this concept. Bill McLaughlin, 36 Old Landing Road, introduced his son Brandon and discussed the benefits of the proceeds of the event to the local schools and teachers. He said the Marin County Special Education Program was perceived as the premiere program of its kind in the nation. McLaughlin said he would take responsibility for the facilities and the use ofMcKegney Green by both groups, but that the Reed Schools Foundation would need to provide the Town with its own liability insurance. Sara McGee, President of the Reed Schools Foundation, introduced the organizers of the Reed Regatta, and said the event was the primary fundraiser for the organization. McGee said they had raised $100,000 per year over the last three years, but that because of its size [500-600 people], they had been forced to go outside of Tiburon. She said this was an excellent opportunity to bring the event back into the community. Town Council Minutes # 1 1 75 November 3, 1999 Page 5 During public hearing, Wayne Snow and Kit Goss [sp?] both spoke in favor of the Reed Regatta and for bringing it back to Tiburon. Councilmember Hennessy asked the Regatta planners to convey the Town's cooperation to the Reed Union School District Board. She noted that the Town had experienced a sometimes strained relationship with the Board. She said the Town had asked for cooperation with regard to carpooling at the Reed School in order to reduce traffic and facilitate the construction of the senior housing project at Ned's Way. MOTION Moved: Vote: To approve the use ofMcKegney Green in June 2000 for the Dedication to Special Education and Reed Regatta events, with organizer Bill McLaugWin as the person directly responsible to the Town. Gram, Seconded by Hennessy AYES: Unanimous 9) 1999 DOWNTOWN PARKING COUNTS - (Report & Recommendation by Planning Director) Planning Director Anderson said this was the fifth year of the summertime, mid-afternoon, weekend parking counts. He said there were fewer cars reported in three out of the four downtown parking lots in 1999. Anderson recommended that Council accept the current report and disband the study. In response to a question from Council, Anderson said the statistics were not cross-referenced with any other data kept by the Town. Councilmember Thompson said he was not in favor of discontinuing it because he thought the statistics were an important tool to understand the downtown economy. He also noted the study was a political tool used to support the ballot initiative to build the Library and Town Hall [on former parking lots]. MOTION: Moved: Vote: To continue the Downtown Parking Counts every two years, beginning in 2000. Gram, Seconded by Hennessy AYES: Unanimous 10) MCCMC LOBBYIST CONTRACT - (Renewal for 2000) Town Manager Kleinert said the cost of the contract would increase from $24,000 to $30,000, and the Town's proportionate share would increase by $400 per year. Councilmember Matthews said that [lobbyist] Mr. Emmanuels was very effective and easy to communicate with. MOTION Moved: Vote: To approve MCCMC lobbyist contract renewal for 2000 Gram, Seconded by Thompson AYES: Unanimous Town Council Alinutes # 1175 November 3, 1999 Page 6 E. CONSENT CALENDAR MOTION: To approve Consent Calendar Items 3,5 and 7. Moved: Hennessy, Seconded by Gram Vote: AYES: Unanimous Consent Calendar Item NO.4 - AMENDMENT TO SPRINT PCS SITE AGREEMENT. Town Attorney Danforth distributed a more recent version which clarified what would happen if the agreement was terminated. She said the new agreement would require Sprint to fully restore the upstairs and outside facilities it had used should it leave. MOTION: Moved: Vote: To adopt Amended Sprint PCS Site Agreement. Gram, Seconded by Thompson AYES: Unanimous H. STAFF & TOWN MANAGER REPORTS 12) BLACKIE'S PASTURE STORAGE AREAS - (Oral Report) Town Manager Kleinert said the Town had not received satisfactory response from CAL/TRANS to the Town's requests to remove stored materials from Blackie's Pasture. Superintendent of Public Works Iacopi reiterated that CAL/TRANS had not received permission from the Town for storage. Iacopi also said that the gravel in the overflow parking lot where CAL/TRANS was piling debris and removing it was being ruined and would need to be restored. Iacopi said he had made numerous calls to CAL/TRANS asking for the materials to be removed. He said he was getting the "run-around" by being asked to call different people at different CAL/TRANS offices. Iacopi said he had marked some of the piles with paint and found that even though some were removed, others were put in their place. Town Manager Kleinert asked the Council for permission to escalate action. Council directed he and Town Attorney Danforth to take whatever action was necessary to ameliorate the situation. Superintendent Iacopi said he would like to do something in general about dumping at Blackie's Pasture. He said just the day before he had caught American Asphalt Company dumping materials there for a project on Via Los Altos. Councilmember Thompson said all dumping should be stopped, but if the Town gave permission [to local agencies or contractors] to store materials, it should be heavily compensated. Superintendent Iacopi agreed and noted that, in the past, the Town had received additional work from contractors in return for their ability to store materials at Blackie's Pasture. Mayor Bach said he would like to see the area remain a park and suggested that the Tiburon police step up its patrols to head off illegal dumping. Town Council ;.'\Jinutes # 1175 November 3, 1999 Page 7 I. ADJOURNMENT There being no further business before the Town Council of the Town ofTiburon, Mayor Bach adjourned the meeting at 10:07 p.m., to November 9, 1999. MOGENS BACH, MAYOR ATTEST DIANE CRANE IACOPI, TOWN CLERK Town Council Minutes #1175 November 3, 1999 Page 8 TOWN COUNCIL MINUTES Dt(4Fr CALL TO ORDER Mayor Ba e the adjourn eeting of the Tiburon Town Council to order at 7:40 p.m. on Tue ay, November 9, 1999, in)Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, Californ A. ROLL CALL PRESENT: COUNCILMEMBERS: Bach, Gram, Hennessy, Matthews, Thompson PRESENT: EX OFFICIO: Town Manager Kleinert, Town Attorney Danforth, Senior Planner Watrous, Finance Director Stranzl, Superintendent of Public Works Iacopi, Chief of Police Herley, Town Clerk Crane Iacopi B. PUBLIC QUESTIONS AND COMMENTS None. C. TOWN COUNCIL COMMENTS Mayor Bach expressed his pleasure that the current Council remained intact and would continue on the path it started on two years ago. He congratulated Councilmembers Hennessy and Thompson on their re-election. Mayor Bach said he had enjoyed being Mayor for the past year and listed some accomplishments and projects that were "dear to his heart:" 1) settlement of the Connally lawsuit and keeping the Main Street reconstruction project on track; and 2) Zelinksy Plaza (not yet under construction) in recognition of the contributions of the Ze1inksy family to the Town. Bach said his legacy would perhaps be recorded as "the mayor who cut the most ribbons," and listed the opening of Elephant Rock, the new Tiburon Police Station, and Servino's Restaurant. Mayor Bach said he had come to the U.S. 30 years ago and was proud to be the first immigrant to serve on the Town Council and as Mayor. He said it was a highlight and a privilege, and he thanked the Council for nominating and electing him. Bach also recognized and thanked the Town Staff. Councilmember Hennessy said Mayor Bach had done a great job and it was a "joy" to serve with him. Councilmembers Thompson and Matthews concurred. D. ELECTION OF MAYOR MOTION: To nominate Tom Gram for Mayor Moved: Matthews, Seconded by Thompson Vote: AYES: Unanimous Town Council Minutes # 1 1 76 November 9, 1999 Page 1 Mayor-elect Gram also thanked Mogens for his service and said he would carry on the work of the Council, "steady as she goes." . Gram listed several large projects that would most likely come before the Council in the next year, namely, The Martha Company development and the expansion of the Tiburon Peninsula Club. E. ELECTION OF VICE MAYOR MOTION: To nominate Andrew Thompson for Vice Mayor Moved: Hennessy, Seconded by Bach Vote: AYES: Unanimous Councilmember Matthews commented that it was not often to find someone as young as the Vice Mayor who already had eight years of service on the Council. F. ADJOURNMENT Mayor Gram invited members of the public to his home for a celebration. There being no further business before the Town Council of the Town ofTiburon, Mayor Gram adjourned the meeting at 8:04 p.m., to November 16, 1999. TOM GRAM, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Counci/Minules #1176 November 9, 1999 Page 2 r: -/-e ~ Ntl ..:t- TOWN OF TIBURON -r~~~ '.. ~/", - , ,^,'- ".. ~ 0",,,,,1' r 1505 TIBURQN BOULEVARD. TIBURON . CALIFORNIA 94920 . (415) 883-9200 FAX (415) 883-2763 OFFICE OF THE TOWN ENGINEER Irving L. Schwartz MEMO November 12, 1999 TO: Robert Kleinert, Town Manager cc: Christine Berry Peter Herley, Chief of Police FROM: Irving L. Schwartz, Town Engineer j/""""" SUBJECT: No Parking Zone Tiburon Boulevard - Easterly Ov:lswood Road Our File No, 6940- TS At the Tiburon Traffic Safety Committee Meeting of October 14, 1999, we received a request from a resident of 9 Owlswood Road for creation of a No Parking Zone along the northerly shoulder of State Highway 131 (Tiburon Boulevard) extending from Owlswood Road 255 feet easterly. Vehicles parked along the shoulder of State Highway 131 easterly of Owlswood Road create traffic hazards for vehicles exiting Owlswood Road and turning left towards downtown Tiburon, as parked vehicles in this area block the view of cars proceeding westerly on Tiburon Boulevard. Based on my site inspection, the Tiburon Traffi~ Safety Committee recommends that the California Department of Transportation install No Parking signs along the northerly shoulder of State Highway 131 from Owlswood Road to a point 255 feet easterly of Owlswood Road, The California Vehicle Code, Section 22506, allows local authority, such as the Town of Tiburon, to adopt resolutions prohibiting or restricting the stopping, standing, or parking of vehicles on a State Highway in their respective jurisdictions. The Resolution, however, only becomes effective if approved in writing by the California Department of Transportation. It is therefore requested that the Town Council adopt a Resolution establishing a No Parking Zone along the northerly side of Tiburon Boulevard (State Highway 131) from Owlswood Road to a point 255 feet easterly. Following passage of this Resolution, I will forward a copy to Caltrans for their approval and will also request that Caltrans erect the appropriate No Parking Signs, l~f - Dratf ~a-~fr.";' CORROSPO.JOB 6940.kleinert.l t 1199.memo.doc RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON CREATING A "NO PARKING" ZONE ON THE NORTH SIDE OF TmURON BOULEVARD (STATE IDGHWAY 131) EXTENDING EASTERLY AT OWLSWOOD ROAD BE IT RESOLVED, by the Town Council of the Town ofTiburon, as follows: The following portion of Tiburon Boulevard (State Highway 131) is hereby defined and established as a "NO PARKING" area and shall be governed by the provisions of Section 23-31 of the Tiburon Town Code: 1) On the North Side of Tiburon Boulevard (State Highway 131), extending from Owlswood Road to a point 225 feet easterly. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on December 1, 1999, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: TOM GRAM, MAYOR Town of Tiburon ATTEST: DIANE CRANE IACOPI, TOWN CLERK TOWN OF TIBURON STAFF REpORT ITEM NO. MEETING DATE: 12/1/99 .1) To: TOWN COUNCIL From: SCOTT ANDERSON, PLANNING DIRECTOR Subject: APPOINTMENT OF ACTING TOWN ENGINEER FOR THE NED'S WAY GARDEN HOMES PROJECT Date: NOVEMBER 18, 1999 Earlier this year, the Town Council appointed Irving Schwartz as the Town Engineer. At the time, it was known that Mr. Schwartz was the project engineer for several ongoing private projects within the Town ofTiburon, and that he would be unable to act as the Town Engineer on those projects due to potential conflict of interest. The Town determined that for those few projects where there was a potential conflict of interest, an independent Acting Town Engineer would be appointed to act on the Town's behalf in reviewing and inspecting projects. Mr. Schwartz is the project engineer, in a private consulting capacity, for the Ned's Way Garden Homes project. Therefore, the Town must appoint an Acting Town Engineer for this project. T own Engineer duties associated with this project would include review and approval of plans and drawings (Tentative and Final Subdivision Maps; Subdivision Improvement Plans) as well as actual field inspections of work as it progresses Staff is recommending Mr. Jay Hallberg as Acting Town Engineer for the Ned's Way Garden Homes project. Mr. Hallberg is currently the Town's Acting Town Engineer for the Round Hill Oaks Subdivision project off Round Hill Road, and has performed his duties in a satisfactory manner. RECOMMENDA nON Adopt the Resolution appointing Jay Hallberg as Acting Town Engineer for the Ned's Way Garden Homes project EXHIBIT I. Draft Resolution. Tiburon Town Council ')laJl Report 1211/99 1 RESOLUTION NO. A RESOLUTION OF THE TffiURON TOWN COUNCIL APPOINTING JAY HALLBERG AS ACTING TOWN ENGINEER FOR THE NED'S WAY GARDEN HOMES PROJECT WHEREAS, the current Town Engineer, Mr. Irving Schwartz, is the project engineer in a private consultant capacity for the Ned's Way Garden Homes project, a proposed 25-unit residential senior housing project located on 1.51 acres near the intersection of Ned's Way and Tiburon Boulevard. Mr. Schwartz would therefore be in a position of possible conflict of interest should he review the aforementioned project as Town Engineer; and WHEREAS, the Town of Tiburon has previously acknowledged the need to appoint an independent Acting Town Engineer for those projects for which Mr. Schwartz is the project engineer on behalf of a private client. NOW, THEREFORE BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby appoint Mr. Jay Hallberg to be the Acting Town Engineer for the Ned's Way Garden Homes project. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town ofTibllron held on ,1999, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCfLMEMBERS: COVNCILMEMBERS: TOM GRAM, MAYOR TOWN OF TIBURON ATTEST: DIANE L. CRANE. TOWN CLERK acting te.res.doc I EXHIBIT No.L TOWN OF TIBURON STAFF REpORT ITEM NO. o To: TOWN COUNCIL From: DANIEL M. WATROUS, SENIOR PLANNER Subiect: ADOPTION OF RESOLUTION DENYING APPEAL OF DESIGN REVIEW BOARD DECISION TO GRANT SITE PLAN AND ARCHITECTURAL REVIEW APPRO V AL TO CONSTRUCT A SECOND DWELLING UNIT - 160 SOLANO A VENUE Date: DECEMBER 1, 1999 SUMMARY: On November 16, 1999, the Tiburon Town Council held a continued public hearing on an appeal of the Design Review Board's decision to grant Site Plan and Architectural Review approval for an application to construct a second dwelling unit on property located at 160 Solano Avenue. After receiving testimony and considering the application, the Council voted to deny the appeal and directed Staff to return with a resolution memorializing this action. The resolution has been prepared and is attached. RECOMMENDA TION: It is recommended that the Town Council adopt the attached resolution denying the appeal ofthe Design Review Board's approval of Site Plan and Architectural Review Application No. 79908. Town ufTiburon Staif Report December I. 1999 1 RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TffiURON . REGARDING THE DENIAL OF AN APPEAL BY LES AND MAXINE HEMBREE OF THE APPROVAL OF SITE PLAN AND ARCHITECTURAL REVIEW FOR PROPERTY LOCATED AT 160 SOLANO AVENUE WHEREAS, on August 5, 1999, the Design Review Board held a public hearing to consider the approval of a Site Plan and Architectural Review application for construction of a second single-family dwelling at 160 Solano Avenue, proposed by Margaret May; and WHEREAS, after receiving public testimony, including concerns raised by neighboring property owners regarding the potential view and privacy impacts which would be caused by the proposed house, the Board determined that the proposed structure would have a significant impact on the views from the living room and deck of the adjacent home at 172 Solano Avenue, and continued the request, with direction to the applicant to prepare additional information, including a more thorough examination of a one-story alternative, and to address some of the concerns raised by the neighboring property owners; and WHEREAS, on September 16, 1999, the Design Review Board held the continued public hearing, and, after considering public testimony and revised plans which shifted the second story portion of the structure 4.5 feet to the rear and modified the roof to create a single peak, determined that the proposed house would only block a peripheral portion of the panoramic views currently enjoyed from the adjacent home at 172 Solano Avenue, would be consistent with the Hillside Design Guidelines, and was consistent with the character of the surrounding Old Tiburon neighborhood, and unanimously approved (by a vote of3-0) the Site Plan and Architectural Review application for this property: and WHEREAS, on September 27, 1999, Les and Maxine Hembree ("Appellants"), owners of the adjacent property at 172 Solano Avenue, filed an appeal of the Board's decision to approve this application; and WHEREAS, on November 3, 1999, the Town Council of the Town of Tiburon held a duly-noticed public hearing on the appeal; during which public testimony was heard, and continued the hearing with the direction that additional information be prepared regarding the story poles for the proposed house and plans illustrating the story poles be submitted: and WHEREAS, on November 16, 1999, the Town Council held the continued public hearing and heard additional testimony related to the story poles and reviewed revised plans that cut off a corner of the second story portion of the proposed dwelling, which modification further reduced the project's impact on Appellants' view; and Tiburon Town Council Resolution No. 12/1/99 1 WHEREAS, after hearing all testimony and reviewing all documents in the record, the . Town Council found that: 1) the Appellants have a panoramic view from their ceremonial areas, which can accept more view blockage than a smaller slot view, in conformance with Goal 3, Principle 7 (E) of the Hillside Design Guidelines; 2) the proposed structure would impact only a peripheral side portion of the Appellants' views, which is less damaging than blockage of the center of the view, in conformance with Goal 3, Principle 7 (C) of the Hillside Design Guidelines; and 3) the Design Review Board correctly applied the guidelines for Site Plan and Architectural Review applications in reviewing and approving this request; and WHEREAS, based on the above findings, the Council determined to deny the appeal by the Owner and uphold the Design Review Board's approval of the project, as modified by the plans submitted by the applicant at the Council meeting of November 16, 1999 (a vote of3-0). NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon memorializes that the appeal ofLes and Maxine Hembree was denied, on November 16, 1999, as set forth in this resolution. PASSED AND ADOPTED at a regular meeting of the Town Council on December 1, 1999, by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: TOM GRAM, MAYOR TOWN OF TIBURON ATTEST: DIANE L CRANE, TOWN CLERK Tiburon Town Council Resolution No. 12/1199 2 CITY OF SAN BUENAVENTURA J~;). 7 November 8,1999 fD)~@[gUWfErm UI1 NOV 1 5 1999 1& TO~~~iJg~~fs"~~g~/CE Attention: City Attorney Re: Amicus Brief in Ventura Group Ventures, Inc. (VGV) v. Ventura Port District (the Port), et al. U.S. Court of Appeal for the Ninth Circuit, Case No. 97-55269; Supreme Court of California Case No. S080112 Dear City Attorney: I am writing to request your City's participation as amicus curiae in a brief this office is preparing in support of the County of Ventura and Ventura Port District, Appellees in the above- referenced matter. The case is now pending the California Supreme Court. The Supreme Court granted a Request for Certification made by the United States Court of Appeals for the Ninth Circuit. When this case was pending before the Ninth Circuit, the Legal Advocacy Committee of the League of California Cities urged that cities participate as amicus curiae. Bob Boehm, City Attorney of the City of San Buenaventura, is writing the amicus brief. Bob is available for telephone inquiries at (805) 654-78 15. The primary issues in this lawsuit are 1) whether a Court can force the County of V ~nt'..lra. Dn bch~!J of the Port, to levy an aJditiolial tax in an amount sufficient to pay the unpaid balance of a VGV judgment against the Port, and 2) whether a Port District created pursuant to California Harbor and Navigation Code ~62 I 0 has independent authority to impose assessments in order to raise the funds needed to satisfy the judgment against the Port. VGV is seeking a judicial determination that the power to tax and levy assessments exists and that the County of Ventura and/or the Port can be compelled to exercise that power. VGV is an unsecured creditor ofa special district that seeks to recoup the portion of their judgment that remained unsatisfied as a result of bankruptcy proceedings. To achieve that end, VGV wants a court to grant the extraordinary and unusual remedy of a court imposed tax or Office of the City Attorney 501 Poli Street. P. O. Box 99. Ventura, California. 93002-0099. (805) 654-7818. FAX (805) 641-0253 Re: Amicus Brief - VGV v, Ventura Port District November 8, 1999 Page 2 assessment without voter approval pursuant to Propositions 13 and 218. In order for a court to grant VGV the relief requested to satisfy the balance of its judgment, it would be necessary for the court to override or carve out exceptions to the constitutional amendments set forth in Proposition 13 and/or Proposition 218. This will have a substantial effect on all public agencies in California with the power to levy property taxes and/or assessments. If your city is willing to join as an amicus party, please complete and return the enclosed consent form by facsimile as soon as possible, The facsimile number is (805) 641-0253. Currently, the briefs of the County and the Port are due on December 16, 1999. Thank you very much. RGB:smm Enclosure #~ RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TffiURON DECLARING THE NEW TffiURON POLICE FACILITY AS THE TffiURON PENINSULA EMERGENCY OPERATIONS CENTER WHEREAS, Chapter 21 of the Tiburon Municipal Code "provides for preparation and carrying out of plans for the protection of persons and property within this town in the event of an emergency," WHEREAS, an emergency in Section 21-2 is defined as "the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this town caused by such conditions as air pollution, fire, flood, storm epidemic, riot or earthquake...," WHEREAS, Section 21-3 creates a Disaster Council comprised of the Mayor, Director of Emergency Services, Chiefs of Emergency Services, and representatives of civic, business and other professional organizations charged with official emergency responsibility; WHEREAS, the Tiburon Peninsula Disaster Plan currently designates the Belvedere Community Center as the primary Emergency Operations Center and the former Tiburon Police Facility as the secondary Emergency Operations Center; WHEREAS, the Disaster Advisory Council has recommended that the new Tiburon Police Facility be designated the primary Emergency Operations Center for the Tiburon Peninsula; WHEREAS, the new Tiburon Police Facility is built to current seismic safety standards, is easily accessible from anywhere on the peninsula, and is large enough to be a suitable Emergency Operations Center; WHEREAS, the new Tiburon Police Facility now meets all of the requirements to be designated as an Emergency Operations Center; NOW, THEREFORE, IT IS RESOLVED that effective December 31, 1999, the new Tiburon Police Facility, located at 1155 Tiburon Boulevard, be designated as the primary Emergency Operations Center for the Tiburon Peninsula; BE IT FURTHER RESOLVED that the Belvedere Community Center, located at 450 San Rafael Avenue, Belvedere, be designated as the secondary Emergency Operations Center for the Tiburon Peninsula in the Tiburon Peninsula Disaster Plan. PASSED AND ADOPTED at a regular meeting of the Tiburon Town Council on December 1, 1999, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: TOM GRAM, MAYOR TOWN OF TffiURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK EkflA. tUo. / RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TmURON CERTIFYING THE RESULTS OF THE MUNICIPAL ELECTION HELD IN AND FOR THE TOWN OF TmURON, STATE OF CALIFORNIA, ON THE 2ND DAY OF NOVEMBER, 1999, FOR THE PURPOSE OF ELECTING TWO COUNCILMEMBERS WHEREAS, the Town Council of the Town ofTiburon did heretofore order an election to be held within the Town ofTiburon on the 2nd day of November 1999, for the purpose of selecting two (2) Town Councilmembers to serve for terms of four years, and WHEREAS, said election was held pursuant to the requirements of the Government Code and the Elections Code of the State of California; and WHEREAS, this Town Council of the Town of Tiburon has, pursuant to Section 22932 of the Elections Code of the State of California, canvassed the returns from said elections, NOW THEREFORE BE IT RESOLVED, ORDERED AND DECLARED as follows: I. That the whole number of ballots cast in the Town ofTiburon in said election was 2,267 which comprised 42.63 per cent of the registered voters; 2. That the names of the persons voted for were: Mark Ginalski Therese "Terry" Hennessy Caroline Kristensen Andrew Thompson 3. That the number of votes counted by precinct were: CONSOLIDATED PRECINCT NO. 30 II: TffiURON BAPTIST CHURCH Mark GinaJski 42 Therese Hennessy 103 Caroline Kristensen 51 Andrew Thompson 105 Town Council Resolution No. 12/1199 1 PRECINCT NO. 3012: BEL AIRE SCHOOL Mark Ginalski 49 Therese Hennessy 176 Caroline Kristensen 65 Andrew Thompson 191 PRECINCT NO. 3301: SHEPHERD OF THE HILLS LUTHERARN CHURCH Mark Ginalski 96 Therese Hennessy 136 Caroline Kristensen 117 Andrew Thompson 141 PRECINCT NO. 3302: DEL MAR SCHOOL Mark Ginalski 69 Therese Hennessy 230 Caroline Kristensen 93 Andrew Thompson 246 PRECINCT NOS. 3304. 3305 & 3306 ~ TffiURON TOWN HALL Mark Ginalski 177 Therese Hennessy 428 Caroline Kristensen 187 Andrew Thompson 457 4. That the number of absentee ballot votes counted were: Mark Ginalski 192 Therese Hennessy 405 Caroline Kristensen 188 Andrew Thompson 433 Town Council Resolution No. 1211199 2 5. That the total number of votes cast throughout the Town of Tiburon for the two vacant seats on the Town Council were as follows: Mark Ginalski 625 Therese Hennessy 1,478 Caroline Kristensen 70 I Andrew Thompson 1,573 6, That the following persons are hereby declared to be elected as members of the Town Council of the Town ofTiburon for a term of four years: Andrew Thompson Therese "Terry" Hennessy 7. That the Town Clerk is hereby directed to cause a certified copy of this resolution to be delivered to each candidate. PASSED AND ADOPTED at a regular meeting of the Tiburon Town Council on December 1, 1999, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS COUNCILMEMBERS: TOM GRAM, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council ResolutIon No. 1211/99 3 RECEIVED NOV 1 8 1999 TOWN MANAGERS OFFICE TOWN OF TIBURON CERTIFICATE OF CANVASS OF VOTE I, MICHAEL J. SMITH, County Clerk/Registrar of Voters, County of Marin, State of Califomia, do hereby certify that on November 16, 1999, I canvassed the vote cast at the Consolidated Schools, General Districts, and Municipal Elections held on November 2, 1999, and the result of said canvass are as follows: (See Attached) IN WITNESS WHEREOF, I have set my hand and affixed my official seal on the 16th day of November, 1999. SEAL v!L:rf) S~~ MICHAEL J. SMITH County Clerk/Registrar of Voters '" t- - '" M .... - .. 0 t- - - '" - - 0 - d.l - - 00 .. ~ E d.l ~ ~ E Q E= ~~~~~~~~~ OOOOO~OONr-O\ OO--NlI"'lNO\OO("f'j Z ...o..c...ov-io.:r-..:...or'o.: \0 r-V"l r-\O \0 r-\O \0 ~~ V"l--\oOr-OMM tlJ"- OO\'-.:to::tOONV)("fjr:- 0:::;;: ---N---"'ItV"l 00 Z:I: -<E- ~~~~~~~~~ OOO-o::tNMO\l:'-N -.:to\\O"d'-MV"loo:tO'\ Z N"';...ooOCl:"'i~o\O tUB3 MN'o::tNMMNNM ..... Zz -V"lr-I:"""',QOM\OOO_ C/".J -tlJ V'l\O-O'\r-\O'o::tOOa ro ..JE- - - r- U ::! Oc.I'J 0\ 0::_ U -<0:: C/".J 0\ Z U~ Il) 0\ => ~~~~~~~*~ ..... ...... 0 0 U -NOOo::tO-OOOOO . \O--MOO\O-'o::tN > N Z "';ooo:io-.av-ir...:~.,.; 0 >- \0 r-V"l t-\O \0 \0 \0 \0 4-< .... 0:: tlJc.I'J M\O\OO("')'o:::t_V"'lOO 0 Il) => c.I'Jc.I'J tlJtlJ Or-("Ij(""')t'-NMOr- ,.0 a:l ---M---'"d'-.::t ..... S 1= o::Z - t:: tlJZ Il) !:!:: :I:tlJ S Il) '-' E-:I: :> Z ~~~~~~~~~ Il) 0 ~ l/"lNl.rlOOr""'lMO'\r- ..... Z ~ r-V"lN-OO\O-OV) ro ..0 0\ 00"": r...:o.:V"i 0 r-..: ..... N-MNNNNMN C/J :2 NO\\OO'\N\OO'\NV"l c.I'J "<":to::tO'\\Or-VlvO\N ~..J -~ 0::-< -<z ::;:6 r---r-O\O'\V'loor- '" V"lll"'lV"lNlrlOOC\M\O " -NNMN__\ON ~ ~ N E " :l ._ 0 E-U NO\l'-V"loor-Ooooo OO-M'"d'N'"'=t\O-_ ~ ViO\r-O'\OOt-V"lMM ~ "'''' ." Ol)~ " 0 0::> Uu a:la:l -<-< "'r- ,,00 -0"'''' .- M M _ N 'o:::t Ir1 \0 ~I- '- 00000" _NMf"I'iM("",)M~ C__MMMMr<"'lC .g;;;~r-E-E-E-E- ~ U , I uuuuu.c ~ U U "-1"- c.. c.. c.. -< ] I I TOWN OF TIBURON STAFF REPORT ITEM NO. MEETING DATE 1211199 !V Date: TOWN COUNCIL SCOTT ANDERSON, PLANNING DIRECTOR ~ BICYCLEIPEDESTRIAN AD HOC ADVISORY COMMITTEE: APPOINTMENT TO FILL VACANCY NOVEMBER 22, 1999 To: From: Subject: BACKGROUND At its meeting of September 1, 1999 the Town Council appointed a BicyclelPedestrian Advisory Committee comprised of two public members and five members from Town elected or appointed boards One of the members, Planning Commissioner Nancy Knoble, submitted her resignation effective November I, 1999. At this time, Staff is recommending that Parks & Open Space Commissioner Tom Allen be appointed to replace Ms. Knoble. Mr Allen is currently serving on the Multi-Use Path Subcommittee of the Parks & Open Space Commission. This subcommittee is reviewing issues related to the Multi-Use Path, many of which overlap with tasks assigned to the Bicycle/Pedestrian Advisory Committee. He is a logical addition to the Committee. The Parks & Open Space Commission recently agreed to refer some of its Multi-Use Path issues to the BicyclelPedestrian Advisory Committee in order to reduce duplication of etfort The Parks & Open Space Commission recommends that Mr. Allen is appointed to fill the vacancy. As this is not a "public member" appointment, no special advertising is required. RECOMMEND A TION . That the Town Council appoint Tom Allen of the Parks & Open Space Commission to Bicycle-Pedestrian Advisory Committee. Bicycle committee rcpol14.doc Tihllron Town COllflcil Slaff Report /111/99 1 1. TmURON TOWN COUNCIL COMMITTEE APPOINTMENTS (19911 un) Rl: STATE. LOCAL & REGIONAL AGENCIES (Appointee & Alternate) IJeM M. (L DRAFT / 77 7- 2CJo() ~ I. LEAGUE OF CALIFORNIA CITIES - (North Bay Division Meets Quarterly- Annual Conference in October) Mogens Bach - Delegate Harry Matthews - Alternate 2. COUNTYWIDE PLANNING AGENCY/CONGESTION MANAGEMENT _ (Meets Monthly on 4th Thursday at 7:30 p.m. -San Rafael City Hall) Tom Gram - Delegate Mogens Bach - Alternate 3. ABAG - (Executive Board meets monthly in Oakland, MelroCenter, ABAG, Room I02A) Andrew Thompson - Delegate Tom Gram - Alternate 4. COMMUNITY DEVELOPMENT BLOCK GRANT COMMITTEE (CDBG) Terry Hennessy - Delegate Harry Matthews - Alternate 5. RICHARDSON BAY REGIONAL AGENCY - (Meets Monthly on 2nd Wednesday at 6:00 p.m. - Sausalito City Hall) Andrew Thompson - Delegate Mogens Bach - Alternate II. STANDING COMMITTEES - (Meetings scheduled as needed) 1. FINANCE & ADMINISTRATION Terry Hennessy Harry Matthews 2. PUBLIC SERVICES Mogens Bach Andrew Thompson 3. LANDS & DEVELOPMENT Tom Gram Andrew Thompson 4. LEGAL Tom Gram Harry Matthews Council Committee Appointments - Adopted 1 ]/]/98 5. PARADISE DRIVE ANNEXATION & VISIONING PROCESS Terry Hennessy Harry Matthews Tom Gram (Alternate) 6. FINANCE ADVISORY COMMITTEE Mogens Bach Terry Leahy Harry Matthews Howard Robin III. MCCMC APPOINTMENTS Appointed bv MCCMC President I. MCCMC Le!):islative Committee Harry Matthews 2. Joint Services Coordination Pro~ram Oversight Committee Harry Matthews Appointed by MCCMC City Selection Committee 1. LAFCO Terry Hennessy 2. CAL-ID Remote Access Network (Inactive Committee) Harry Matthews Town Appointments to MCCMC 1. TCI - Marin Telecommunications A~encY - (Subcommittee meets before MCCMC Dinners as needed) Mogens Bach 2. Hazardous & Solid Waste JPA Robert Kleinert Andrew Thompson (Alternate) 3. North Bav Division - Lea~ue of California Cities - (Meets Quarterly) Mogens Bach Harry Matthews (Alternate) 4. Marin Community Foundation City Liaison Committee - (Meets Quarterly) Mogens Bach Council Committee Appointments - Adopted 1212198 2 TOWN OF TIBURON STAFF REpORT ITEM NO. J8., To: TOWN COUNCIL From: TOWN MANAGER Subject: GREENWOOD BEACH DRAINAGE IMPROVEMENTS - 442,444,448 & 458 GREENWOOD BEACH ROAD & BLACKIE'S PASTURE Date: DECEMBER 1, 1999 BACKGROUND In 1992 and 1993, the Town Council heard and considered complaints from homeowners along Greenwood Beach Road regarding problems with a drainage trench that runs behind the residences at 442,444,448, and 458 Greenwood Beach Road. The homeowners complained of problems caused by the poor drainage abilities of this trench, including the creation of odors, debri and unwanted pest habitat in this area behind their homes In 1993, the Council directed Staff to work with the Greenwood Beach Road Homeowners Association to develop a solution for the problem. The Greenwood Beach HOA retained CSW- Stuber-Stroeh Engineers to prepare a plan and cost estimate for rerouting of the drainage. This developed a proposal which would basically reroute the existing drainageway by filling the existing trench and creating a new drainage channel through Blackie's Pasture to Richardson Bay. Part of the Greenwood Beach Road drainage system is currently routed through a Town-owned pipe down between the homes at 444 and 448 Greenwood Beach Road to the existing open drainage ditch at the rear of their properties. The proposed project would intercept this drainage at the street and redirect it down Greenwood Beach Road to the new trapezoidal channel across Blackie's Pasture. This portion of the overall project is within the Town's right-of-way and a major portion of the Town's cost responsibility. The Owners of 444 and 448 Greenwood Beach have agreed to accept all future responsibility for the existing pipe, relieving the Town of future maintenance responsibilities. In 1995 there was general consensus between the Town and the effected property owners regarding the scope of the project, the cost and a proration of costs. At that time the estimated total project was $83,000, including engineering and contingencies. However, since that time costs have escalated, some of the property has changed ownership, there has been changes in Town personnel, considerable time was required to obtain permits from the 1 various regulatory agencies and some of the regulatory agency's requirements have added new costs to the project This obviously has required a series of new meetings and negotiations again this past year between the Town and property owners. The new total estimated project cost is $130,000 including engineering, contingency and landscaping ($21,000), the latter required by BCDC. Tiburon Peninsula Flood Control District No. 4's share of the project is $10,000. The Town's project cost share of the remaining $120,000 is $45,000 (38%) and the property owners is $65,000 (54%). The Town's increased cost proration can be attributed to several factors. First, the Town's initial proposed contribution did not reflect the design engineering costs. More significantly, Town staff expects to achieve considerable financial savings with respect to future maintenance. A substantial potion of the existing drainage ditch lies on Town property and is expected to require regular clean-outs by Town personnel. Further, since the ditch is partially on private property, the Town's maintenance will likely result in Town staff entering onto private property, which in turn exposes the Town to unnecessary exposure to liability. These maintenance costs and liability exposure will be considerable reduced by the project. In addition, The homeowners' agreement to assume responsibility for the Town's existing pipe and easement is a benefit to the Town, as the Town's general preference is to avoid drainage facilities whose maintenance requires entry onto private property. Lastly, a portion of the increased cost of the project is attributable to the conditions imposed by BCDC and other permitting agencies. Given that the project is partially for the Town's benefit, it is fair that the Town contribute to some of these costs. ANALYSIS The drainage trench that currently exists behind these homes on Greenwood Beach Road was constructed when CalTrans filled a portion of Richardson Bay at sometime prior to the Town's incorporation. The drainageway begins at a headwall that meets an existing culvert under the connection between Greenwood Beach Road and the Blackie's Pasture parking lot. This small trench only flows when the water level rises enough to overcome a constricted outlet, and ponds and stagnates during the dry season and during all but the most intense storms. A 24" concrete storm drain which serves portions of Greenwood Beach Road and Reed Ranch Road also drains into the trench between the homes at 444 and 448 Greenwood Beach Road. The drainageway flows behind these homes to the west before emptying into Richardson Bay. At most times, the trench simply collects debris and promotes rodent habitat, creating an unwanted situation behind these residences. The trench provides an intermittent, low quality wetlands area of approximately 4,500 square feet. To alleviate this situation, the project will reroute the drainage by the creation of a new channel (See Exhibit 1). Beginning at the existing headwall, the new channel would follow a meandering path southward to Richardson Bay. The proposed channel would be narrower at the beginning, and widen out towards the bay. Similarly, the slopes of the banks of the channel would gradually tlatten as the drainageway approaches the bay, leveling from a 2: 1 slope near the headwall to 4: 1 2 near the end. These design characteristics should help slow water coursing through the channel, and reduce scouring or other erosion. The slope banks would be planted to further reduce erosion and to create a new wetlands area, as required by BCDC. Pickleweed would be planted on channel bank elevations below 6.2 feet above sea level. Other appropriate landscaping would be installed for bank areas above this elevation. The existing drainage trench would be filled and raised to the level of the surrounding properties The elimination of this 4,500 ft2 wetlands area would be offset by the creation of6,600 ft2 of new wetlands area. The more regular drainage of the proposed channel would help avoid the ponding and stagnation experienced within the existing drainage trench. In this manner, the proposed project would create higher quality wetlands than the intermittent, poor quality wetlands which are supported by the existing trench. The other storm drain which currently connects with the existing drainage trench would be rerouted to connect with the proposed channel. This connection would be made at the headwall, where the water would join the proposed channel. The rerouting of this drainageway would be completed before the existing trench is filled. The Richardson Bay Sanitary District has an existing pump station and other sanitary facilities in the vicinity of the project site. An unpaved road which crosses the path of the proposed channel provides access to these facilities In order to maintain this access, a railroad car bridge would be constructed over the proposed drainageway, which would pass through a concrete culvert supporting the bridge. The bridge would also provide pedestrian access to the "meadow area" of Blackie's Pasture Park to the south of the proposed channel. Permits have been obtained from the San Francisco Bay Conservation and Development Commission, the US. Army Corps of Engineers, the San Francisco Bay Area Regional Water Quality Control Board and the Richardson Bay Sanitary District. The Tiburon Parks and Open Space Commission reviewed the proposed drainage improvement program in July 1995 and voted to recommend approval of this plan (Minutes attached as Exhibit 2). The Commission reviewed various aspects of the proposed drainageway, including the course and depth of the proposed channel, runoff water flow, access to the "meadow area" and privacy concerns of the residents. The proposed drainage channel would alleviate a serious concern for several property owners by eliminating an undesirable condition that results in poor drainage and of unwanted animal habitat near their homes The construction of the proposed channel would enhance the drainage conditions in this area, while creating a larger and more efficient expanse of wetlands adjacent to Richardson Bay. 3 An initial study/draft mitigated negative declaration was prepared for this project and released for public comment in January 1997. The Council approved the Negative Declaration and resolution granting conditional approval of the project in March 1997. Mitigation measures and a draft mitigation-monitoring program have been developed which would reduce the potential for adverse environmental impacts to less-than-significant levels. The most important potential impact involves the elimination of the current wetland area within the existing drainage trench. The establishment of a larger, higher quality wetland area as part of the new drainage channel will effectively mitigate this impact. RECOMMENDATION That the Town Council approve the Town's participation in the Greenwood Beach Road property owners drainage improvement project. The Town's cost participation is $45,000 plus a $5,000 contingency. The Council should also authorize the Town Attorney to negotiate and execute and funding agreement with the property owners. The current Town budget reflects a carry over amount of $26,000 for this project. This would be increased by $24,000 and funded from the Town's General Fund Streets and Drainage reserve. PROPOSED FUNDING Current Budget Revised Budget Property Owners $ 56,000 $ 70,000 Town 26,000 50,000 FC District 4 10.000 10.000 $ 92,000 $130,000 EXHIBITS 1. Wetlands mitigation and drainage plans and sections 2. CSW Drainage & Marsh Restoration Report (1995) 3. Town Council Resolution No. 3213 4. Greenwood Beach Road Property Owner's Budget Proposal (Nov. 1999) 5. Greenwood Beach Road Property Owner's Correspondence to Town Manger (May 1999) , , " , I ! I \ ~1 \ , ii )) , " \ , - " () I!! I 1- I .~ I Y :! Ii )) .. il 0 " I" ,II UI 's 0 "~V'S c... ..~~ Z 0, ~ , , ~ ~i ;. ~. r : ~, ;, oj ~ . . i:" . :'i:! ii' - i ("") ~:o rJ1 ;~rn~ ~;!. 1..1.1. ':", r-- ;;;"':........... ~ '" r ~Cl Q, .3 ~';?,- ~~ ~..... ~ ~~ ';1" .;">::0 ~~ "" I . g~ r; .~ ~ ~~ ~ ~ CD Y -< ( ., ij i. ,I .' ;' t?=j f!1 1-1 td 1-1 ~ Z o ~I ; I ~:c mo ~;::o >"'", zo", o:E", "'zz i 1: "':E -"'0 !:!..;o 0>0 >"'", :~r:d On> Z-n ..,~::I: t'"- >0 ZZ ~ ! . ! .... 0 .l>o - !J' - !l -I>- .... -"7) s;: :0 ;..:~ ~o c.... m ;.:::;: :>- G)z 2: i) !l > 1'00 "'" 111 ClTl i ~ ~.... '-l - ,...- <: 0 000 ~ l'l _c <-<:: m a ZJJ --c (;)0 - C ~ z ! OZ .. I " m i! , N ;-t N ,- i~ '\I" ~ 6 . ,0 m .. ~ .m '0 i '''Il nm J i i U~<j ~ ..' q ~ , ~ !::l...~t l~~~ , i !;;'!O I ~ l i !i!:i , 'i;i J I ~~il! J.? ....,:.; .IH ... .. :!a<h , ~ '" I/> ,. I , I , \ '.j.--- - , / , I \ '\ ..~._---- (\ "-;J~;lI. l'l~~~! .s <> "il iaO!j i,a,:j, ;;Ill' < '~!:!: ~.. "5 , , , fl , ..... -- i. "Qi~ I:; "i~;~l ~; Iil!l- =., ~!!i ~~ ~~i'i : 1',- !i !1!1! " 'I , \ \ \'- ., I \ \ " \ II I I I. \lL+ I i ~ l . , \~\\ ~ ',' t \\ ~ \ \ ~ \ ~ ~ \ / / " :::.,),,' 'I ;, U j ^,';;\ -:~ ,': i'\ '7 .~.;:~:."-'''''' ... ~"'."-: ,\,f; ,~-.... I_I ' - ; ,..:C"'] "j, 'I: )'\ ;0;/ ,,~.:....,;... .~ l-=:...l f I ) U::/ r-. ,......... ", ,~...'~ Ll..,.( . ,., -..."~ , , ;0-,',';'! ''',!<,:,,_~c:::;-3 8:=PiCE CS~]2 Date: March 22, 1995 File: 5.627.00 '/"' ~"\ '\j ::0;...' 'j GREENWOOD BEACH HO:MEOWNERS' GROlJ"'P DRAINAGE .~~"D yIARSH RESTORATION REPORT INTRODUCTION: The Greenwood Beach Homeowners' Group has asked for an investigation and design solution to the drainage problem that affects their properties. A small drainage channel exists to the rear of the properties along Greenwood Beach in Tiburon, which was constructed when a portion of Blackie's Pasture was filled sometime in the Sixties. This small channel flows only when the water level rises enough to overcome the constriction of the outlet. During the dry season and during all but the most intense storms, this area ponds and stagnates. The problem is further complicated by the nuisance collection of debris, the occasional flooding and the rat infestation that occurs in the drainage area. A 24" concrete storm drain serving a portion of Greenwood Beach Road and a portion of Reed Ranch (see Hydrology Report A) drains into the channel between the residences at 444 and 448, Greenwood Beach Road. Under this proposal this drainage will be rerouted to the headwall at the end of Greenwood Beach Road. The enclosed Wetland Mitigation (A2) plan shows the preliminary routing of the 24" concrete storm drain utilizing 18" pvc with the routing varying due to conflicts with utilities. The plan also shows the proposed alignment for the replacement channel. This channel begins at the headwall at the terminus of Greenwood Beach Road and extends more directly to Richardson Bay. NEW DRAINAGE & MARSH RESTORATION FACILITY The new drainage and marsh restoration facility has been designed to appear as natural as possible. To accomplish this, the flowline of the channel has been designed in a curvilinear alignment, eliminating the straight line look, along with varying widths. The slope banks of the channel are designed to vary in degree of slope to eliminate the "engineered" look. The banks vary in slope from 2:1,3:1 and 4:1 to give the channel a more natural, undulating appearance. The channel varies in width from 12 feet to 80 feet wide at the mouth entering Richardson Bay. To enhance the marsh restoration, the plant palette for landscaping the banks is divided into two elements. The first element is the area above elevation 6.2 feet on the bank to the top of the bank and beyond. 11ris area will be planted with grasses, ground covers andlor shrubs to match other banks of channels in the area. The second element below elevation 6.2' will be planted with pickleweed at the rate of one plug per 12" o.c. Over time, the planting of this area will F-"DA T A \WP60\5\OA r-)-2:,9S, 621 Page 1 EXHIBIT NO. 2. CS[S';J create ample food resources for the "nim"1 and bird populations indigenous to San Francisco Bay marshes. The channel has been sized to provide for the 100 year storm. The hydrology and hydraulic studies are included (AI and A.3) with the report. In order to mitigate the loss of wetland brought about by filling the swale behind the Greenwood Beach homes, the proposed drainage channel and marsh is designed l'lz times larger than the existing channel. The area of the existing channel below 6 feet is 4453 square feet and the proposed channel has an area of 6680 square feet below elevation 6.0. This represents roughly a 50% gained area. ./ F:\DA T A\WP6O\S\DAT\J-22-95.627 Page 2 '~ '" RESOLUTION NO. 3213 A RESOLUTION OF THE TffiURON TOWN COUNCIL APPROVING THE MITIGATED NEGATIVE DECLARATION AND CONDITIONALLY APPROVING THE GREENWOOD BEACH DRAINAGE IMPROVEMENT PROGRAM (442,444,448 & 458 Greenwood Beach Road) ASSESSOR PARCEL NOS. 55-031-25. 55-031-32. 55-031-29. 55-031-12 and 55-041-12 WHEREAS, the Tiburon Town Council does resolve as follows: Section 1. Findings. A. The Town has reviewed and considered a request to improve the drainage conditions behind properties located at 442, 444, 448 & 458 Greenwood Beach Road. The request consists of the following: 1. Wetlands mitigation and drainage plans and sections prepared by CSW/Stuber- Stroeh Engineers, received July 12, 1996 2. Hydrology report prepared by CSW/Stuber-Stroeh Engineers, dated January 20, 1995 3. Drainage and marsh restoration report prepared for the Greenwood Beach Homeowners' Group by CSW/Stuber-Stroeh, dated March 22,1995 The official record for this project is hereby incorporated and made part of this resolution. The record includes the staff reports, minutes, environmental review documents, reports and related materials, and all comments and materials received at public hearings. B. In 1992 and 1993, the Town Council heard and considered complaints from homeowners along Greenwood Beach Road regarding problems with a drainage trench that runs behind the residences at 442, 444, 448, and 458 Greenwood Beach Road. The homeowners complained of problems caused by the poor drainage abilities of this trench, including the creation of odors and unwanted pest habitat in this area behind their homes. C. On February 3, 1993, the Council directed Staff to work with the Greenwood Beach Road Homeowners Association to develop a solution for the problem. The Greenwood Beach HOA has since retained CSW-Stuber-Stroeh Engineers to prepare a plan and cost estimate for rerouting of the drainage. The civil engineers have developed a proposal which would reroute the existing drainageway by filling the existing trench and creating a new drainage channel. Tiburon Town Council Resolution No. 3213 March 5, 1997 EXHIBIT NO. '3 D. The Tiburon Town Council has found that the proposed drainage improvement program is consistent with Tiburon General Plan policies encouraging enhancement of the amount of functional wetlands area adjacent to Richardson Bay. The Public/Quasi-Public zone through which the drainageway would run is appropriate for public and utility uses, including drainage improvements such as those proposed by this project. E. An initial study prepared for the project found effects to wetlands, wildlife habitat, water quality, air quality and noise to be potential environmental impacts of the project. The most important potential impact involves the elimination of the current wetlands area within the existing drainage trench. This trench does not drain properly and receives little tidal action, and therefore supports only sporadic vegetation and rat harborage. The impact of removing these wetlands will be effectively mitigated by the establishment of a larger, higher quality wetlands area as part of the new drainage channel. The proposed channel will be thoroughly planted with appropriate wetlands vegetation and have a better interface with the bay to promote better and more abundant tidal action and wildlife habitat within this drainage area. Mitigation measures and a draft mitigation monitoring program have been developed which would reduce the potential for adverse environmental impacts to less-than-significant levels. Section 2. Approval. NOW, THEREFORE, BE IT RESOLVED that the Tiburon Town Council does hereby approve a Mitigated Negative Declaration and a Mitigation Monitoring Program (attached as Exhibit "A") for the project, and approves the Drainage Improvement Plan for the Greenwood Beach area, subject to the following conditions of approval: 1. All mitigation measures contained within the Draft Mitigated Negative Declaration shall be met at all times. 2. All necessary permits and approvals shall be obtained from the San Francisco Bay Conservation and Development Commission, the U.S. Army Corps of Engineers, the San Francisco Bay Area Regional Water Quality Control Board and the Richardson Bay Sanitary District 3. All construction shall be consistent with the plans submitted to the Town of Tiburon dated January 27,1997. III III Tiburon Town Council Resolution No. 3213 March 5, 1997 PASSED AND ADOPTED at a regular meeting of the Tiburon Town Council on March 5, 1997 by the following vote: AYES: COUNCILMEMBERS: Ginalski, Hennessy, Thayer, Thompson, Wolf None NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: None ~JD 7Y! ~ THERESE M. HENNESSY, MAYO TOWN OF TffiURON ATIEST~ ~ DIANE L. CRANE, TOWN CLERK Tiburon Town Council Resolution No. 3213 March 5, 1997 .._---------~&.._--'- _ _~ __~~.. _..~.....o..........__. MITIGATION MONITORING PROGRAM: GREENWOOD BEACH DRAINAGE IMPROVEMENTS Water Erosion Mitigation Measure' I.e.!. Energy dissipation measures (such as rip-rap) shan be employed where drainage flows leave the (existing) culvert under Greenwood Beach Road. The extent and specifications of the energy dissipation measures must be adequate to sufficiently slow storm level flows and prevent erosion of the drainageway to the greatest extent possible. T11"!Plementation Procedure: The T o~ Engineer sha11 check the plans for the drainageway improvements before permits are issued to insure that the appropriate dissipation measures have been included" Non-colllPliance Sanction" No issuance of permits to begin construction if dissipation measures are not sho~ on plans and approved by the To~ Engineer; halt construction if measures are inadequate. Mitigation Measure. l.e.2. The banks of the proposed drainageway shan be revegetated with appropriate species for the tidal environment. T11"!Plernentation Procedure' The Planning Division and the San Francisco Bay Conservation and Development Commission shall review landscaping plans to insure that the plans indicate types and amounts of vegetation appropriate to the tidal environment. Non-colllPIiance Sanction" No issuance of permits to begin construction if landscaping is not sho~ on plans and approved by the Planning Division; halt construct1on if landscaping is not approved or appears inadequate. Mitigation Measure" EXHIBIT NO...L 1', I DF '3 1 -. --. --->~- ( l.e.3. Project design and construction activities will utilize Best Management Practices as described in the California Storm Water Best Management Practice handbook for Construction Activity, March, 1993. Implementation Procedure: BMP program to be approved by the Town Engineer prior to issuance of building or grading permits. BMP program shall be implemented by the contractor, under review of the Town Engineer. Non-cotllPliance Sanction: Failure to comply with the approved construction BMP's will resuh in the issuance of correction notices, citations, a project stop-work order, or other available enforcement methods, Air Quality Mitiiation Measure' 2.a.1. The site shall be watered during construction to reduce the impacts of such dust to acceptable levels. TmplemP.T1tation ProceduTe' The Building Inspector shaIl observe the site during all inspections for evidence of watering or fugitive dust. Non-coll1Pliance Sanction' Failure to comply with site watering requirements or observation of fugitive dust will result in the issuance of correction notices, citations, a project stop-work order, or other available enforcement methods. Wetlands Alteration . Mitigation Measure' 3.i.1. Tidal wetland vegetation shall be restored within the proposed drainageway to compensate for the loss of wetland habitat in the existing drainage ditch. Implementation Procedure' EXHIBIT NO. A ?,ZOF'0 2 - ------.:.. r I I , . _."_ _ ,~._ __._.____~_____~_~...__ __~.____ J.. Work shall not commence on filling of existing drainage trench before installation of new wetlands vegetation is completed; permits shall not be issued for filling trench until the Planning Division and the San Francisco Bay Conservation and Development Commission reviews landscaping plans for the new drainageway to insure that the plans indicate types and amounts of vegetation appropriate to the tidal environment. Non-coIIlPliance Sanction' No issuance of permits to begin filling of existing drainage trench or construction of new drainageway iflandscaping is not shown on plans and approved by the Planning Division; halt filling or construction ifland.scaping is not approved or appears inadequate. Wetlands Reduction Mitiiation Measure' See Mitigation Measure 3.i.1. Wildlife Habitat Mitiiation Measure' See Mitigation Measure 3.i.1. ~ Mitiiation Measure' 6.a.1. All construction activity shall comply with the Town's limitations on construction hours to prevent noise impacts duriilg nighttime. Tnmlementation Procedure: Ensure contractor and any sub-contractors are aware of the Town's limited construction hours, including those for use of heavy equipment. Building Inspector shall ensure that these app ear on the job card. Building Inspector and Police Department to enforce this measure. Non-coIIlPliance Sanction' Police Department and/or Building Inspector to issue citations and/or halt construction. 3 EXHIBIT No.L :p, ::, Of ~ . Greenwood Beach Drainage Budget 11/2199 Original Today's Estimate Price 1993 1999 COSTS Construction and Landscaping Storm Drain Channel 26,300 28,456 Channel 37,100 50,293 Landscaping 21,009 63,400 99,758 Engineering and Contingency Engineering 9,510 19,576 Contingency 9,510 10,000 19,020 29,576 $ 82,420 $ 129,334 REVENUE Flood Control Zone 4 $ 10,000 8% Property Owners Engineering 19,576 Construction 45,000 Contingency 5,000 $ 69,576 54% Town of Tiburon Project 45,000 Contingency 5,000 $ 50,000 39% Total Revenues $ 129,576 100% 'Property owners are seeking additional estimates for the landscaping. EXHIBIT NO.~ - RECEIVED MAY 2 0 1999 TOWN MANAGERS OFFICE TOWN OF TIBURON Bruce Abbott Sidsel Moller 458 Greenwood Beach Road Tiburon, CA 94920 May 19, 1999 Robert Kleinert, Town Manager Tiburon Town Hall Tiburon, CA 94920 Dear Mr. Kleinert: Following our meeting yesterday morning we have drafted an outline of our notes and recollections of the meeting as follows: May 18, 1999,8:30 am at Tiburon Town Hall, attended by: Nancy Peterson, Susan Miglioli, Pam Snellgrove, Sidsel Moller, Bob Kleinert, Dan Watrous, Richard Stranzl, Sia Barmand, Dietrich Stroeh and Bruce Abbott. The meeting was hosted and chaired by Bob Kleinert, who after noting that all permits were in hand, described the purpose of the meeting as a review of the Greenwood Beach drainage project, as well as a determination of steps necessary and appropriate to implementation of the plans as approved by the various agencies. Costs would also be discussed. He then provided a short review of the historical events relating to the project over the past five to seven years. Dietrich Stroeh reviewed complications of the project, including a whole hosts of unforeseen delays caused by the requirement of multiple re- submissions of plans by the various agencies, including among many others, specific details of the proposed vegetation and the requirements of detailed drawings showing specific location of sewers. As a result, costs have escalated far beyond expectations, not only for the project itself, but for the engineering. Additionally, inflation had five years to work, and the construction boom had dampened competitive bidding. The discussion then turned to cost sharing, with town representatives expressing the position that the town's obligation and commitment was fixed by Council action of 6/16/95 which designated an amount of $26,000 to be paid by the town and $54,000 by the property owners. Questions were raised about the commitment of the property owners to those amounts. Richard Stranzl pointed out that the figures were lifted directly from the costs estimates of Dietrich Stroeh. The property owners pointed out that the resolution of the Council notwithstanding, they had never agreed to that split, and that it reflected only an engineering breakdown, and in fact both the property owners and the town had entered the project with the understanding it was to be a cost sharing enterprise, with estimates of costs to be borne by the property owners set at $40,000. Susan Miglioli and Nancy Peterson expressed their position that they had acquired their property EXHIBIT NO. S subsequent to the initial discussions between their predecessors in title and the town, and had agreed to proceed with an understanding in conformity with that figure. Costs are now expected to be $84,000 (low bid) for the ditch, $35,000 (estimated) for diversion of waters now channeled via culvert between the Miglioli and PetersonIMoore properties, and nearly $20,000 already paid by the property owners for engineering. Total cost: approximately $140,000 or more. The property owners expressed their position as one of commitment to the project, as evidenced by the money already expended, but costs had grown far beyond estimates and resources available to meet them. In order to proceed, some creativity was required, which term was interpreted by Bob Kleinert to mean: 'more money from the town'. No one took exception to that interpretation, and in fact endorsed it, but additional creativity was demonstrated by Sia Barmand who suggested that an additional $10,000 had been appropriated to this project by another agency, and that the Highway Department bore responsibility by reason of the runoff from Tiburon Boulevard, which should also be a source of additional funds. Dietrich Stroeh pointed out that the cost of vegetation was $11,000 and possibly could be offset by volunteer effort. Dietrich suggested that costs be reviewed and possibly a lower bid could be obtained, especially in view of the fact that the street was in process of being torn apart for new water mains which offered the potential of reducing costs by combining the digging on both projects. In addition, the presence of the contractor's heavy equipment offered a fairly narrow opportunity to reduce costs by obviating the need to later reposition equipment for the ditch project. It was understood that the town would be the contracting party. Opinions were exchanged supporting the conclusion that the interests of both the town and the property owners would be served by completion of the project, since the situation could only deteriorate with delay, while costs would be likely to escalate inversely. The meeting concluded with an expression by Bob Kleinert that he would address the funding issue with the Council. Sia Barmand was requested to approach Caltrans, and Dietrich Stroeh the contractors. We were encouraged by the positive attitude reflected by everyone in attendance, and extend to you and your staff our appreciation for your efforts. Respectfully, /) , / )"l)'i/ ( { j , / j, f I Sidsel Moller r /' ,/ L /'~zc~ /~//// /;/ / /( Bruce Abbott cc: Dietrich Stroeh RECEIVED MAY 2 4 1999 Memorandum TOWN MANAGERS OFFICE TOWN OF TIBURON To: Bob Kleinert, Tiburon Town Manager Nancy Peterson and Greg Moore, 444 Greenwood Beach Road, Tiburon May 21, 1999 Follow-up to May 18th Meeting on the Greenwood Beach Drainage Project From: Date: Re: Thank you for organizing the meeting to discuss the current status of the Greenwood Beach drainage project. It was very helpful to have everyone in the room to review the project and to talk about how best to move forward. This letter reiterates our understanding about the history and current status ofthe project, and follows up with a few specific items - in hopes of continuing to move forward. When we purchased our house in September 1994, we were informed by our neighbors that planning was underway, in conjunction with the Town of Tiburon, to address issues associated with the drainage ditch that runs across the back of our property. We were also aware of a drainage issue on Greenwood Beach Road since it was clear that the garage had flooded many times over the years. In subsequent discussions with the Town Engineer and neighbors, we understood that this project would also address drainage issues on Greenwood Beach Road. We also understood the idea of "sharing" costs with the Town ofTiburon Our original understanding was that our share would be about $10,000. We felt that by stretching this was feasible, and that it was wonhwhile because it would eliminate cwo major hazards: the open drainage ditch in the back (a particular concern since our son was I y, years old when we moved in), and the Greenwood Beach Road drainage problems that cause flooding in the front of our house. As such, to keep the project moving, we agreed to support a fourth of the design and engineering costs, which have for us now exceeded $4,000. Additionally, we felt that because this was a project that had begun prior to our owning our home, we wanted to support the efforts of the previous residents and our neighbors who had already worked so hard to get this project underway. However, we always viewed these drainage issues as a public responsibility - one that intersects with and affects our private property, but one that neither our neighbors nor we are solely responsible for solving. This understanding is reinforced by two facts: EXHIBIT NO. S- 1) The title to our property includes a 15 foot-wide easement for drainage along our eastern property line. This easement is the location of the underground pipe that carries storm water to the Bay from Greenwood Beach Road as well as the entire Reed Ranch area on the other side of Tiburon Blvd. This drainage easement was actually conveyed to the State of California on June 17, 1964; we assume that the State was named because of the location of the state highway (although I'm not clear on this part of the history). 2) The Town of Tiburon Public Works Department takes responsibility for maintaining all aspects of the drainage - both the catch basins on the Greenwood Beach Road and the open drainage ditch that runs across our property in the back. While we support the project moving forward, the costs have now escalated to the point where they are prohibitive for us. As we discussed yesterday, there may be a window of "cost-saving" opportunity with the current work that is being done along Greenwood Beach Road for the new MMWD water main. We are encouraged that you want to explore options to link with this project and to identify other possible sources of funding. If your efforts are successful and the project does move forward, we feel that it will be important to develop a clear agreement as to each of our responsibilities and to make sure that the Greenwood Beach drainage "bypass" is completed in a way that will protect our property (this concern is probably most critical for us and Susan Miglioli, our neighbor to the east). While we support the notion of "engineering in the field," we have some concerns that there may not be a full picture of the drainage issues that actually occur during the wet winter months. We will be more than glad to work with you, your staff and others on this. Thank you again for your time and your consideration of our ideas and concerns. ';?~/~ Mr. and Mrs. Simon w.R. Snellgrove 442 Greenwood Beach Road Tiburon, CA 94920 May 19,1999 REceIVED MAY 2 1 1999 Mr. Robert Kleinert Tiburon Town Manager Tiburon Town Hall 1505 Tiburon Blvd. Tiburon, CA 94920 TOWN MA1>{AGERS OFFICE TOW1>{ OF TlBUR01>{ Dear Mr. Kleinert, Re: Greenwood Beach Road Drainal!e Proiect I am writing as follow-up to our meeting of Greenwood Beach Road homeowners and Town staff yesterday. First, thank you for having organized the meeting so that we could together SUllllllJIrize the long, (7 year!), history of the drainage project and then begin to discuss how best to proceed to begin the badly needed drainage work. I am in total agreement with the snmmary of our discussions SUllllllJIrized in Bruce Abbott's letter to you dated 5/18/99, and so will not restate the many details covered at the meeting. Upon reviewing the BCDC permit for the project that was finally issued early this year, Section I, Item C specifies that "work authorized by the permit must commence prior to December 1,1999, or this permit wiI1lapse and become null and void". Thus, it is extremely urgent that we proceed together to sort out the many issues regarding funding and selection of a contractor in order to begin work. As you are aware from our first discussions with the Town in 1992, we four homeowners have firmly objected to the flooding of our properties with street drainage water- most of it coming from elevations high up on Reed Ranch Road and from Tiburon Blvd. The Town does not have a legal easement to pass this drainage across our property. During rains the drainage ponds and sits containing trash. This constitutes a hazard, forms a breeding ground for rats, and very importantly deprives us of the use of21 % of our property. There is also the issue of pollution coming from untreated road runoff which is currently the focus of increasing state and federal regulation, For all of these reasons we seriously believe that the Town ofTiburon has a clear responsibility to correct the drainage situation. Following the Town Council decision not to accept responsibility at the meeting held on 2/3/93 we were contacted by the Town Engineer who arranged a meeting. The Town raised the idea of a joint, cost-sharing solution to re-route the drainage directly out into the Bay. After serious consideration and discussion between ourselves, we four homeowners decided to pursue the engineering solution instead of pursuing legal recourse. Over the past five years we have taken the lead by hiring CSW/Stuber Stroh EXHIBIT NO. S Engineers to draft the engineering plans and to date have incurred just short of$20,000.in fees. As we are all aware, cost estimates for the project have increased considerabIy- from a total projection of$82,420.per Stroh's estimate dated 4/13/94 to the current estimate of approximately $140,000. This includes the engineering fees that we have already paid. At our meeting yesterday everyone feh that we need to aggressively find ways to reduce project costs, (e.g. Re-bid the job-talking to North Bay Construction who are currently doing MMWD work on the street), and to urgently explore additional government/agency sources of funding. While we homeowners are still deeply committed to this project and prepared to fulfill our original financial commitment, we have no choice but to look to our Town to increase it's contn'bution. We are appreciative of your efforts and look forward to hearing from you in the near future. ~incerelY: ~~vlAAlhvg. Pamela A S;;~;;;elJ RECEIVED MAY 2 0"999' To: Bob Kleinhart Tiburon Town Manager . From: Susan Miglioli ~~ ~. /Jv'v~-zfL, 448 Greenwood Beach Road l (the "Holcombe" property) TOWN MANAGERS o~FICE T9WN OF TIBYRON Subject: Greenwood Beach Road Drainage Project Date: May 19, 1999 Thank you much for arranging our informational meeting yesterday to discuss the status of the drainage project. This was very helpful to me in understanding more pieces of this puzzle. Please understand that although I have only lived at 448 since Dec. 1995 due to family illness and death, this property had belonged to my family (the Holcombe's) since 1952. As a resident of Tiburon myself for almost 29 years, this house was my second home for that period of time and I was quite familiar with the history and development of the plans for this project via my family. However, I hadn't turned my attention to the specifics until 1996. Yesterday I asked the Town to please try to remember why we are putting efforts into this project to begin with. My understanding of the history of developing this plan followed complications starting in 1986 with the plan for Blackie's Pasture Precise Plan which included plans to keep "the Meadows," the former Connell property. At that time Beach residents raised questions re: proper drainage and flooding potential that these plans made on the four properties in question. It was suggested that the Town might consider removal of what is an illegal fill in the form of "the Meadows." In 1992 more inquiries and studies were done Re: the lack of adequate storm water drainage from the Reedlands and the land contiguous to Tiburon Blvd.lBlackie's Pasture and the negative impact resulting. My understanding is that in 1992 when the Town concluded there are no problems here, the four property owners needed to decide to either drop the issue or sue the Town. At this point, the owners got more creative and decided (with Town blessings) to invest their money in engineers rather than in lawyers as they saw a pretty straight forward solution to these problems; that we and the Town could be "partners" to the solution rather than opponents in court. At no time were real "responsibilities" assigned and agreed to re: the problems themselves nor did the owners ever accept at face value the aforementioned 1992 report from the Town. EXHIBIT NO. 5" Page 2 1 review my admittedly "secondary" understanding ofthis because the problems here are far from what were cited yesterday as just "nuisance and rodent" problems for the properties! The chief concern for my property at 448 is that 1 have flooding at the street-side due to the drainage plan for Culvert #1 that runs between 444 and 448 Greenwood Beach Road. This culvert is to catch water both from Greenwood Beach Road and Reed Ranch Roads, it includes a catch basin intercepting water by a Cal Trans owned basin. It was noted in a 1992 Town study that there is no catch basin specifically for run-off from Tiburon Blvd. Well, my garage receives water not only from Greenwood Beach Road coming west to east, but also water coming down the hill directly from Tiburon Blvd. to Greenwood Beach Road and flowing past my garage from east to west to get to Culvert #1. My garage continues to be flooded because of these heavy water flows. Indeed, my neighbor and 1 are out there in storms clearing the entrance to the culvert but this kind of flooding 1 know did not exist here 10 years ago, started to appear to my knowledge 4 to 5 years ago and is part of the problem. Therefore, while Greenwood Beach Road is currently being dug up, I urge the Town to quickly address the potential plan for re-diverting water and drainage plans with the North Coast Construction Co. to at least prevent the water from Tiburon Blvd. from being added to Culvert # I (i.e. via my garage) and, of course, for planning for the larger problem of totally redirecting waterldrainage to fit our master plan, ifthe master plan can go ahead. Finally, it may be that the costs to this master plan are too high for it to be able to go ahead. 1 welcomed every suggestion the Town had to get Cal Trans involved financially and also urge the Town to reconsider it's share as each of these four properties indeed have either damage done,andlor are denied use of their land and the current drainage does create a health hazard and potential liability for the Town. Ik rvt-)/J. /3 Police Department TOWN OF TIBURON MEMORANDUM To: From: Subject: Date: Members of the Tiburon Town Council Chief Peter G. Herley Endorsement of Ordinances Relating to Firearms November 22, 1999 Attached are two proposed ordinances which allow the Town ofTiburon to regulate "Saturday Night Specials" ("junk guns") and, also, regulation of firearms dealers in specific areas, including residential neighborhoods. Recently, Governor Gray Davis signed firearms-related legislation dealing with the manufacture and sale of junk guns. This legislation, unfortunately, takes effect on January 1, 2001 - over 13-months from now. In the interim period, the County of Marin (including the Sheriff, District Attorney, County Counsel and County Health Department), the Marin County Police Chiefs Association, and some Marin County cities have committed to "taking on" this important issue as numerous other counties and cities throughout the state have already done. While some may say that the local ordinances are merely "symbolic," the same may have been said in "Columbine" or" Jonesboro." For more than a year, I have been the Marin County Police Chiefs Association's representative on the countywide committee, chaired by Supervisor Hal Brown, which was formed, among other things, to deal with these two ordinances. We have been working hard to evaluate the need for passage of such ordinances in Marin County and unanimously agree that the need does, in fact, exist. There is a need to regulate the proliferation of cheaply-made handguns as well as regulate the type and location of businesses, in this case, firearms dealers, within the county. The proposed ordinances have already been scrutinized and affirmed by the California courts (e.g. the "West Hollywood" and "Lafayette" cases) and have already been adopted in dozens of cities and counties in California. JUNK GUNS There are virtually NO federal regulations dealing with the importation of cheaply made firearms Gunk guns). Between now and January 1, 2001, poorly made weapons will continue to proliferate our society. Currently, while there are manufacturing standards set up barring cheaply made weapons from entering the US, there are NO Federal standards for weapons manufactured in the United States! The Federal government has failed to take on the issue of the safe manufacture of weapons made in the United States; however, California and many of its component cities and counties, have! Junk guns are proliferating our state and are being used in more and more crimes. Junk guns are different than "cheap" (inexpensive) guns, as the latter deals with cost, the former with manufacturing safety. Poorly made firearms, because of their inferior quality, can be sold for a much cheaper price, thus, increasing the numbers that proliferate in society. For example, there is a manufacturer in Southern California which produces junk guns under at least five different names- guns which are, in fact, unsafe, deadly, sell for less than $50 new, and do not meet any type of manufacturing safety standards. It is estimated that eight out of ten weapons confiscated in California are considered junk guns. Sales of WeaDons Within the Town of Tiburon Currently, there are no regulations in Tiburon which deal with the sale of firearms out of one's home. An individual could be operating an entire gun-selling business, whether through "off street" customers or catalogue sales, out of one's residence. A next door neighbor may be storing a cache of weapons and ammunition for sales out of their home, yet, there are no regulations dealing with this type of business. Of all Federally licensed gun dealers, 74% operate in neighborhoods, often without the knowledge of their neighbors. They are called"kitchen table" dealers. Citizens have a right to limit gun sales in their neighborhoods. Presently, because there are no local Tiburon ordinances regulating firearms dealers, storage and sales of firearms could even occur next to sensitive areas such as schools, parks, recreation centers, and places of worship. The proposed ordinance allows for Town to impose necessary regulations within the Town's limits. Triqqer Locks The use of Trigger Locks is important because the numbers of accidental shootings of children, for example, continues to rise. Guns are commonly sold without reliable safety devices to prevent their unintended discharge - which is particularly dangerous to children. A study of 266 accidental shootings of children revealed that 50% of the shootings occurred in the victims' homes and 38% occurred in the homes of friends or relatives. Many of these tragedies could have been prevented if a reliable safety device (e.g. trigger lock) was used. Conclusion While some in our community may take a complacent view that "We don't need these types of laws in Tiburon because we are a 'safe' community and don't have problems like other cities" or "Laws like these are just another infringement on one's Constitutional 'right' to bear arms;" It is my view that ANY community needs to take a hard stand against gun violence - that it is the responsibility of each community to make a strong statement that it is against the violence that comes with the misuse of guns, that the community is against cheaply made weapons, and that the community ensures that gun sales in its jurisdiction are regulated. As a professional law enforcement officer with over 33 years experience, I have seen more than my share of incidents proving the destructiveness of firearms. I am an outspOken proponent of strong firearms regulations! During my tenure as the President of the California Police Chiefs Association, I represented virtually all of California's Chiefs of Police. Cal Chiefs continues to lead the fight to promote legislation and local ordinances dealing with the manufacturer of safe firearms, both statewide and nationally. We have supported these types of ordinances, wherever they have been introduced in California. The proposed ordinance is taken from the 'West Hollywood" and "Lafayette" ordinances and others which have faced already faced court challenge, all in favor of cities! As your Chief of Police, I feel it is, in fact, our individual Town's responsibility to ensure if firearms are in our town, they must be safely manufactured. We also need to ensure that we ciosely regulate firearms sales within Tiburon. Sheriff Robert Doyle feeis so strongly about the ordinances that he is willing to do the "testing" of any questionable firearms to ensure that they are safe. Our District Attorney, Paula Kamena, feels the same way. She is even willing to take on the responsibiiity of prosecution of violations of local ordinances. Recommendation For the above noted reasons, I strongiy urge that the Town Council of the Town of Tiburon pass the proposed ordinance dealing with junk guns and regulation of firearms sales. The Town of Tiburon should make a statement how it really feels about gun violence, whether in Tiburon or elsewhere, by passage of this ordinance -- gun violence which has increased so much over the years. By passage, Tiburon will certainly send the message that it does not condone gun violence in Tiburon, unregulated gun sales in Tiburon, and the allowance of junk guns in Tiburon. Based on my experience, because the minimum it will cost to process an application, it is recommended that a $25 application fee for a permit be approved. EDITORIALS Marin Independent Journal Tuesday, November 23,1999 Junk-gun law: Bullsey~ , . CRITICS MAY CALL it "a feel- good thing," but any law that takes aim at the proliferation of junk guns is right on target San Rafael Councilwoman Bar- bara Heller showed political courage, putting a ban on the sale , and transfer of junk guns on her city's agenda. She knew the issue was important enough to the health and safety of her community that it was worth weathering harsh criti- cism. San Rafael's law comes on the heels of a similar statute approved recently by the Marin Board of Su- pervisors. The county action is lim- ited to Marin's unincorporated area, so its effectiveness depends on other Marin cities to follow suit. San Rafael didn't have to be dragged into the fray. Besides ban- ning the sale of junk guns - hand- guns that are cheaply !!lade and modestly priced - San Rafael's law toughens standards for gun dealers seeking city business permits and requires guns to be sold with trigger locks. Predictably, opponents lashed out at the ban as an affront to the Sec- ond Amendment. But the Second Amendment was writtenbMmetheCillumbineHigh School massacre in Colorado, before the Atlanta day-trader murders and before numerous othet outbreaks of gun-fed violence that cries out for action. Nothing in the Constitution says ' an amendment can't be brought up to date. Marin gun-rights activist Fielding Greaves is right when he la- bels San Rafael's ban "political cor- rectness." In this case, the city's po- liticalleaders are correct. MARIN COUNTY POLICE CHIEFS ASSOCIATION July 26, 1999 The Honorable Harold C. Brown Marin County Board of Supervisors 3501 Civic Center Drive, Room 329 San Rafael, CA 94903 Re: Gun Control Dear Supervisor Brown: The Marin County Police Chiefs Association fully supports your efforts regarding gun control. As the first defense to violence in this community, we believe that the regulation of unsafe guns is essential to the safety of our citizens. We also believe that Marin County should take a pro-active stance in the unregulated sale of guns. At the meeting held on February 18, 1999, the Association agreed to support measures controlling the sale of "Saturday Night Specials" ("Junk Guns") and measures to regulate firearms dealers within Marin County. It is our understanding that the next step will be a coordinated effort by the county to contact city jurisdictions and seek their support for uniform regulations throughout the entire county. We have reviewed the two proposed ordinances prepared by the Marin County Counsel's Office. We believe that they are good measures directed at keeping Marin safe. We are also pleased that the county has researched these ordinances and has determined that, as written, they parallel ordinances that have previously withstood legal challenge, thus limiting local jurisdiction exposure to expensive litigation. Thank you for your leadership in this very important arena. Please feel free to use this letter of support as you feel most appropriate. Please do not hesitate to contact me if you need further assistance. Very truly yours, "I ;/ If ~.(~ Stephen M. Willis Chief of Police, Sausalito President, Marin County Police Chiefs Association REPRESENTING THE POLLCWING LAW ENFORCEMENT AGENCIES. BELVEDERE. CALIFORNIA HIGHWAY PATROL. DISTRICT ATTORNEY. FAIRFAX. MARIN COLLEGE Mil L VALLEY. NOVATO . ROSS. SAN ANSELMO. SAN RAF=AEL . SAUSALlTO . SHERIFF. TIBURON. TWIN CITIES " HAROLD C. BROWN 2nd District Marin County Board of Supervisors September 1, 1999 Mr. Mogens Bach, Mayor and Councilmembers Town of Tiburon 1155 Tiburon Boulevard Tiburon, California 94920 Dear Mayor Bach and Council members: Gun tragedies are occurring with a frequency that concerns us all. I write you now with an opportunity to join with all the cities and the county in proactive actions that responsibly help protect our Marin citizens. RECEIVED SEP - 2 1999 TOWN MANAGERS OFFICE TOWN OFTIBYRON Two draft ordinances are enclosed. Both have been reviewed and encouraged by our Police Chiefs and Sheriff (see attached letter of support from the Police Chiefs Association). Both have been researched by County Counsel for compliance with existing laws that have survived challenges. One ordinance provides measures to control the sale of "Saturday Night Specials" or junk guns. The other outlines ways to regulate firearms dealers, particularly with respect to new dealers in specific areas, including residential neighborhoods. Uniform regulation throughout the county is the key to providing our citizens protection and, because state legislation won't take effect until 2001, local measures are needed now to fill the time gap. Therefore, we would like each of the cities and the county to pass these ordinances during the same time frame. Our goal is to get these items on all agendas for first reading and merit hearing in October. I am sending this information now so that your city managers have time to consult with your city attorney. Any legal questions may be directed to Jack Govi in our County Counsel's office at 499- 6117. Please do not hesitate to call me with any thoughts on this issue, which I think we can agree is among the most pressing of our day and, as stated by our law enforcement officers, is essential to the safety of our citizens. Very sincerely, flf/V HAROLD C. BROWN, JR. Supervisor, 2nd District cc: ,/Robert L. Kleinert, Town Manager Peter Herley, Police Chief Suite 315' 3501 Civic Center Dr.' San Rafael, CA 94903' (415) 499-7331 . FAX (415) 499-3645@ ORDINANCE NO._ AN ORDINANCE OF THE COUNCIL OF THE TOWN OF TIBURON ADDING CHAPTER 32 TO THE TOWN OF TmURON MUNlCPAL CODE PERTAINING TO THE REGULATION OF FIREARMS DRAFT (1- 2.i-'f '"1 THE COUNCIL OF THE TOWN OF TIBURON HEREBY MAKES THE FOLLOWING FINDINGS: A. The Need for Trigger Locks or Similar Devices: 1. In the years 1987 to 1996, nearly 2,200 children in the United States under the age of 15 years died in unintentional shootings. In 1996 alone, 13 8 children were shot and killed unintentionally. Thus, more than 11 children every month, or one child every three days, were shot or killed unintentionally in firearms-related incidents. 2. The United States leads the industrialized world in the rates of children and youth lost to unintentional, firearms-related deaths. A 1997 study from the Federal Centers for Disease Control and Prevention reveals that for unintentional firearm-related deaths for children under the age of 15, the rate in the United States was nine times higher than in 25 other industrialized countries combined. 3. While the number of unintentional deaths from firearms is an unacceptable toll on America's children, nearly eight times that number are treated in U.S. hospital emergency rooms each year for nonfatal unintentional gunshot wounds. 4. Thirty percent of all unintentional shootings could be prevented by the presence of two safety features: Trigger locks and loaded chamber indicators. 5. More than 1.2 million elementary aged, latch-key children have access to guns in their homes. 6. Guns kill more California children than car crashes, drugs and diseases combined. 7. At the age ofthree, a child has enough strength to squeeze the trigger of a handgun. 8. Most children who accidentally kill themselves or a friend do so while playing with a loaded gun found in their home or a friend's home. 9. The Town of Tiburon wishes to take all practical steps to prevent injuries and deaths resulting from the accidental discharge of firearms. s: ladanforthlOrdinanceslFirearms Regs.. doc 1 ,. ~ 10. Trigger locks, or similar devices, when used properly, prevent the unintended discharge of a firearm. 11. On August 27, 1999, Governor Davis signed AB 106, which will require the sale of a firearm safety device with all firearms. However, this law will not become effective until January 1, 2002. B. The Need for Regulation of Firearms Dealers: 1. There were 21,985 shootings, which either resulted in death or hospitalization in California during 1995 and 1996. In 1997 alone, there were 1,835 homicides committed with a firearm in California and approximately 25,000 firearms-related injuries. The vast majority of these deaths and injuries were attributable to handguns. 2. The widespread availability of illegally obtained firearms has resulted in a significant rise in the number of shooting incidents in the Bay Area through 1997, and the number of shooting incidents continues to be alarming. 3. Because of the range and effectiveness of firearms, the use of firearms in violent crimes is more likely to lead to the death or injury of bystanders. 4. On average, II people in California were killed with a gun every day in 1996. In 1996, there were 4,405 firearm deaths in California. More Californians died from firearm deaths in 1996 (4,045) than in motor vehicle related deaths (4,022). 5. 669 young people, ages 0-19, died as a result of the firearms in California in 1996. Of these: 520 were firearm homicides, 107 were firearm suicides, 35 were unintentional shootings and 7 were of undetermined intent. 6. Gunshot injuries in California cost $329 million in 1991. Just over half of this cost is for hospitalizations; 44% for other medical care and 4% for related non-medical care. 80"10 of the medical cost for treatment of firearm related injuries is paid for by taxpayers. Gunshot wounds are costly. Treatment of gunshot wounds is, on average, twice as expensive as treatment of stab wounds or other intentional injuries. Acute medical care for patients with firearm related injuries has been estimated to cost nearly $32,000 per hospital admission. Youth gunshot victims in California incurred nearly $50,000 in hospital bills for the initial hospitalization only, in 1992. And, it has been reported that firearm-related injuries and fatalities in 1993 indirectly cost Californians over $16.9 billion in lost productivity and quality oflife. 7. Government at allleve\s has a substantial interest in protecting the people from those who acquire guns illegally and use them to commit crimes resulting in injury or death of their victims. 8. The State of California has not, in a timely manner, sufficiently addressed the problems resulting from the availability and use of firearms in urban areas of the State, forcing cities s: \adanforth\OrdinanceslFirearms Regs.. doc 2 and counties to enact, within the limits of State law, local measures requiring the licensing of firearms and firearms munitions dealers. 9. The alarming number of deaths and injuries attributable to firearms in the Bay Area and, indeed, in the State of California is an unacceptable trend that warrants stricter control over the availability of firearms within the Town ofTiburon. 10. A local ordinance enacted by the Town ofTiburon regulating gun dealers who sell, lease or otherwise transfer firearms within the jurisdiction Town of Tiburon is needed to mitigate the potential danger created by gun dealers who are operating in violation of state law. 11. Section 12071 of the California Penal Code provides that municipalities may exercise discretion to grant or deny applications for permits to sell firearms. 12. The Council recognizes that the Town of Tiburon is located adjacent to the Counties of San Francisco, Sonoma, Contra Costa and Alameda Counties. It is recognized that gun use and associated violence and crime with guns are more prevalent in those counties than in the Town of Tiburon. However, considering the proximity to those counties, the Town of Tiburon wishes to take proactive and preventative measures to ensure the protection of the public throughout the Bay Area. C. The Need for ProhibitiDl! "Saturdav Nil!ht Soecials" ("Junk Guns"). 1. Handguns commonly known as "Saturday Night Specials", or "Junk Guns" are poorly designed and made of inferior materials. Because of their inferior design and construction, these firearms are not reliable for purposes of self-defense or well-suited for sporting purposes. As defined in this legislation, Saturday Night Specials are inherently un~afe products. 2. Saturday Night Specials are easily concealable and disproportionately used in crimes, particularly those committed by juveniles. According to the Bureau of Alcohol, Tobacco and Firearms, four of the five handguns most frequently traced to crime scenes in 1995 were Saturday Night Specials. 3. The Federal Gun Control Act of 1968 prohibits the importation of poorly made, easily concealable handguns manufactured abroad, but does not prohibit the domestic manufacture of these weapons. 4. On August 27, 1999, Governor Davis signed SB 15, establishing safety standards for handguns. However, the law does not become effective until January 1, 2001. 5. The City of West Hollywood passed an ordinance banning the sale of Saturday Night Specials in 1996. On September 29, 1998, the California Court of Appeal rejected a legal challenge by the National Rifle Association and others, holding that the ordinance was not preempted by state law or otherwise legally invalid. The California Supreme Court declined to s: \adanforth\OrdinanceslFireorms Regs.. doc 3 review that decision. As of October 1, 1998, 41 California cities and counties had passed similar junk gun sales bans. 6. The Council desires to promulgate regulations which will be applied to all existing and future handguns intended to be sold in the Town of Tiburon to determine whether such handguns are Saturday Night Specials/Junk Guns, the sale of which would be prohibited. D. Miscellaneous. 1. The requirements of the California Environmental Quality Act (CEQA) of 1970 and the Town's CEQA Guidelines have been satisfied and this Ordinance is exempt from CEQA. FOLLOWS: THE COUNCIL OF THE TOWN OF TIBURON HEREBY ORDA.INS AS SECTION L Chapter 32 of the Town of Tiburon Municipal Code is hereby added to read as follows: ARTICLE 1: CHAPTER 32 REGULATION OF FIREARMS REGULATION OF FIREARMS DEALERS Sections: 32-1 32-2 32-2A 32-3 32-4 32-5 32-6 32-7 32-8 32-9 32-10 32-11 32-12 32-13 32-14 32-15 32-16 s: ladanforthlOrdinanceslFirearms Regs.. doc 4 Definition of Firearm. Definition of Firearm Dealer. Definition of Chief Chief's Permit Required. Application. Investigation by Chief. Conditions of Approval. Requirement of a Secured Facility. Liability Insurance. Issuance of Permit Issued by Chief-Duration. Grounds for Permit Denial. Grounds for Permit Revocation. Hearing for Permit Denial or Revocation. Non-Assignability. Compliance by Existing Dealers. Record of Ammunition Sales. Penalty. ARTICLE IT: PROHIBITION OF THE SALE OF SATURDAY NIGHT SPECIALS ("JUNK GUNS") Sections: 32-17 Purpose and Intent. 32-18 Definitions. 32-19 Exclusions. 32-20 Roster of Saturday Night Specials. 32-21 Publication. 32-22 Prohibited Activity. 32-23 Exemptions. 32-24 Penalty. ARTICLE IT: RESTRICTIONS ON THE USE OF AIR RIFLES AND OTHER FIREARMS Sections: 32-26 Air Rifles; Restrictions on Use 32-27 Firearms; Discharge, Trespass with. ARTICLE 1 REGULATION OF FIREARMS DEALERS 32-1 Definition of Firearm. "Firearm" means any device, designed to be used as a weapon or modified to be used as a weapon, from which a projectile is expelled through a barrel by force of explosion or other means of combustion. 32-2 Definition of Firearm Dealer. "Firearm dealer" and "licensee", as used in this Article, means any person licensed to sell, lease or transfer firearms pursuant to California Penal Code S12071( a)(1). 32-2A Definition of Police: Chief: Sheriff. "Police" or "Police Department" as used in this Chapter shall mean the Town of Tiburon Police Department. "Chief" as used in this chapter shall mean the Chief of Police or his designee. "Sheriff" as used in this chapter shall mean the Marin County Sheriff or his designee. s: ladanforlh IOrdinancesIFirearms Regs.. doc 5 "" 32-3 Chiefs Permit Reauired. It is unlawful for any firearms dealer to sell, lease or transfer firearms without a permit issued by the Chief. 32-4 Aoolication. (A) An applicant for a permit or renewal of a permit under this chapter shall file with the Chief an application in writing, signed under penalty of perjury, on a form prescribed by the Town. The applicant shall provide all relevant information requested to demonstrate compliance with this chapter including: I. The name, including any aliases or prior names, age and address of the applicant; 2. The applicant's Federal Firearms License and California Firearms Dealer numbers; 3. The address of the proposed location for which the permit is required, together with the business name, and the name of any corporation, partnership or association that has ownership in, or control over, the business, if any; 4. The names, ages and addresses of: (a) all persons who will have access to or control of workplace firearms, including but not limited to, the applicant's employees, agents and/or supervisors, if any; 5. Proof of a possessory interest in the property at which the proposed business will be conducted in the form of ownership, lease, license or other entitlement to operate at such location and the written consent of the owner of record of the real property; 6. A floor plan of the proposed business, which illustrates the applicant's compliance with security provisions as outlined in Section 32-7 of this chapter; 7. Proof of compliance with Town zoning requirements at the proposed location by presentation of a zoning clearance letter from the Planning Director of the Town of Tiburon or his designee. The Planning Department may adopt an appropriate fee to implement this requirement; s: ladanforthlOrdinances\Firearms Regs.. doc 6 8. Proof of compliance with all federal and state licensing laws; 9. Information relating to every license or permit to sell, lease, transfer, purchase, or possess fIrearms sought by the applicant from any jurisdiction in the United States, including, but not limited to, the date of application; whether each application resulted in the issuance of a license and the date and circumstances of any revocation or suspensIOn; 10. Information relating to every revocation of a license or permit relating to firearms, including, but not limited to, date and circumstances of the revocation; 11. Information relating to every license or permit to sell, lease, transfer, purchase, or possess firearms which were sought by the applicant from any jurisdiction in the United States, including, but not limited to the date of each application and whether it resulted in the issuance of a license; and the date and circumstances of any revocation or suspension; 12. Applicant's agreement to indemnify, defend and hold harmless the Town, its officers, agents and employees from and against all claims, losses, costs, damages and liabilities of any kind, including attorney fees arising in any manner out of the applicant's negligence or intentional or willful misconduct; 13. Certification of satisfaction of insurance requirements; 14. The date, location, and nature of all criminal convictions of the applicant, if any, in any jurisdiction in the United States. (B) The application shall be accompanied by a nonrefundable fee of $25 for administering this chapter. The fee may be increased by resolution of the Town Council upon evidence of the actual cost of administering the application. The Council finds that the $25 fee is reasonable and proper for administering this chapter and, in fact, represents a fraction of the cost that will be incurred by the Police in processing the application. 32-5 Investigation bv Chief. The Chief shall conduct an appropriate investigation of the applicant to determine for the protection of the public safety whether the permit may be issued. The Chief shall require an applicant, or any officer, agent or employee thereof, to provide fingerprints, a recent photograph, a signed authorization for the release of pertinent records, a complete personal history set forth on a questionnaire provided by the Chief, and any other additional information which the Chief considers necessary to complete the investigation. S: \adanforth\OrdinanceslFirearms Regs.. doc 7 32-6 Conditions of Aoproval. In addition to other requirements and conditions of this chapter, a permit by the Chief is subject to the following conditions, the breach of, any of which is sufficient cause for revocation of the permit by the Chief: (A) The business shall be carried on only in the building located at the street address shown on the permit. This requirement, however, does not prohibit the permittee from participating in a gun show or event that is authorized by federal, state and local law upon compliance with that law and upon compliance with any Town of Tiburon Ordinance regulating the permissible locations of gun shows; (B) The Chiefs permit or a certified copy of it shall be displayed on the premises and at gun shows where it can be easily seen; (C) The applicant shall not permit any person under 18 years of age to enter or remain within the premises without being accompanied by the parent, grandparent, or other adult legally responsible for the minor child where the firearm sales activity is the primary business performed at the site; (D) The permittee shall not sell, lease or otherwise transfer a firearm without also selling or otherwise providing with each firearm a trigger lock or similar device that is designed to prevent the unintentional discharge of the firearm. Such device shall be of a type approved by the Sheriff. The permittee shall advise the Chief of the type of device at the time of application for the permit, renewal of the permit or at any time the permittee desires to change the type of device previously approved by the Sheriff. This subsection (D) only shall be rescinded on January 1, 2002, the effective date of AB 106. 32-7 Requirement ofa Secured Facility. The business shall be be equipped with a Function Intrusion (Burglar) Alarm. In addition, Firearms Dealers must comply with California Penal Code S12071 (b)(14) which provides: At any time the licensee is not open for business, the licensee shall store all firearms kept in his or her licensed place of business using one of the following methods as to each particular firearm: (A) Store the firearm in a secure facility as defined by Penal Code Section 12071 (c )(3) that is part of, or that constitutes, the licensee's business premises; s: ladanforth \OrdinancesIFirearms Regs.. doc B (B) Secure the firearm with a hardened steel rod or cable of at least one-eighth inch in diameter through the trigger guard of the firearm. The steel rod or cable shall be secured with a hardened steel lock that has a shackle. The lock and shackle shall be protected or shielded from the use of a bolt cutter and the rod or cable shall be anchored in a manner that prevents the removal of the firearm from the premises. (C) Store the firearm in a locked fireproof safe or vault on the licensee's premises. 32-8 Liabilitv Insurance. (A) No permit issued by the Chief shall be issued or reissued unless there is in effect a policy of insurance in a form approved by the Town and executed by an insurance company approved by the Town, whereby the applicant is insured against liability for damage to property and for injury to or death of any person as a result of the sale, lease or transfer or offering for sale, lease or transfer of a firearm. The minimum liability limits shall not be less than $1,000,000 for each incident of damage to property or incident of injury or death to a person; provided, however, that increased limits of liability may be required by the Town Attorney if deemed appropriate in his or her sole discretion. (B) The policy of insurance shall contain an endorsernent providing that the policy shall not be canceled until notice in writing has been given to the Town Manager at least 30 days prior to the time the cancellation becomes effective; (C) Upon expiration of a policy of insurance and if no additional insurance is obtained immediately, the permit is considered canceled without further notice. 32-9 Issuance of Permit Issued bv Chief: Duration. (A) The Police Department may grant a permit to the applicant if it finds that the applicant complies with all applicable federal, state and local laws including but not limited to, the State Penal Code, Town Building Code, fire, zoning and planning codes; (B) A permit issued by the Chief expires one year after the date of issuance. A permit may be renewed for additional one-year periods upon the permittee's submission of an application for renewal, accompanied by a nonrefundable $25.00 renewal fee. The renewal application and the renewal fee must be received by the Police department no later than 45 days before the expiration of the current permit; (C) A decision regarding issuance or renewal of a permit may be appealed in the manner provided pursuant to Section 32-12. s: ladanforthlOrdinanceslFirearms Regs.. doc 9 32-10 Grounds for Permit Denial. The lPni~.f shall deny the issuance or renewal of a or more of the following conditions exist: permit when one (A) The applicant has not coml'li~2'Y!,~~t~~ requirements of this chapter or, has violated the provisions of Section 3!4~4Q:P.f~11@2Municipal Code pertaining to prohibited activity in connection with the sale, display or transfer of "Saturday Night Specials"; (B) The applicant, or any officer, employee or agent thereof who will have access to and control of firearms is under 21 years of age; (C) The applicant is not licensed as required by federal and state law; (D) The applicant or any officer, employee or agent thereof who will have access to and control of firearms has had a license or firearms permit to sell, lease, transfer, purchase or posess from any jurisdiction in the United States revoked, suspended or denied for good cause within the immediately preceding (5) five years; (E) The applicant or any officer, employee or agent thereof who will have access to and control over firearms has made a false or misleading statement of a material fact or omission of a material fact in the application for a police permit. If a permit is denied on this ground, the applicant is prohibited from reapplying for a permit for a period of(5) five years; (F) The applicant or any officer, employee or agent thereof who will have access to and control over firearms has been convicted of: 1. An offense which disqualifies that person from owning or possessing a firearm under federal, state and local law, including, but not limited to, the offenses listed in Penal Code section 12021; 2. An offense relating to the manufacture, sale, possession, use or registration of a firearm or dangerous or deadly weapon. 3. An offense involving the use of force or violence upon the person of another with a deadly weapon. 4. Any felony, misdemeanor burglary or misdemeanor fraud. 5. An offense involving the manufacture, sale, possession or use of a controlled substance as defined by the State Health and Safety Code, as it now reads or may hereafter be amended to read. s: \adanforth\Ordinances\Firearms Regs.. doc 10 (G) The applicant or any officer, employee, or agent thereof who has control over firearms is within a class of persons defined in Welfare and Institutions Code Sections 8100 or 8103; (H) The applicant or any officer, employee, or agent thereof who has control over firearms is currently, or has been within the past (5) five years, at unlawful user of a controlled substance as defined by the Health and Safety Code as that definition now reads or may hereafter be amended to read; (I) The operation of the business as proposed would not comply with federal, state and local law or Town law regulating the sale of Saturday Night specials, or the locations of permitted sales, if any, at gun shows. 32-11 Grounds for Permit Revocation. In addition to the violation of any other provisions contained in this chapter, circumstances constituting grounds for denial of a @!M~f~ permit also constitute grounds for revocation. 32-12 Hearing for Permit Denial or Revocation. (A) A person whose applic~ti?nfor a permit is denied or revoked by the <;!M~f has the right to a hearing before the ~!M4 before final denial or revocation. (B) Within ten days of the mailing of written notice of intent to deny the applica!i<:l~or revoke the permit, the applicant may appeal by requesting a hearing before the .!#l1ief. The request must be made in writing, setting forth the specific grounds for appeal. If the applicant submits a timely request for an appeal, the 1911,.~f should set a time and place for the hearing within 30 days. (C) The decision oftheChj~f shalll:l~j~ writing within ten days of the hearing. An applicant may appeal the decision ofthe!#m@f.to the Town Manager or his designee. 32-13 Non-Assignabilitv. A Ghi~~~ permit issued under this section is not assignable. An attempt to assign a!#l1,et;~ permit renders the permit void. 32-14 Compliance bv Existing Dealers. A person engaging in firearm sales activity on the effective date of this chapter or any amendment to it shall, within sixty (60) days after the effective date, comply with this chapter and any amendment to it. s: \adanforthlOrdinanceslFirearms Regs.. doc 11 32-15 Record of Ammunition Sales. Every holder of a business license to sell ammunition shall maintain records pertaining to ammunition sales prescribed by this Chapter on the licensed premises and in the manner prescribed herein. The record shall show: (A) The date of the transaction; (B) The purchaser's name, address and date of birth; (C) The purchaser's driver's license number or other identification and State where issued; (D) The brand of ammunition purchased; (E) The type and amount of ammunition purchased; and (F) The purchaser's signature. (G) Log of Ammunition Sales. The information required by this subsection 32-15(G) shall be completed in the logbook at the time of the purchase. Such information shall be recorded in the following format: AMMUNITION SALES REGISTRATION LOG STORE: Date Name Address Date of LicenselID Ammunition Ammunition Purchaser Birth & State Brand Type & Signature Amount 1. The record shall be maintained in chronological order by date of sale of the ammunition, and shall be retained on the licensed premises of the business licensee for a period of two (2) years following the date of the purchase of the ammunition. 2. At the direction of the Chief, Town of Tiburon Police officers may enter the premises of any licensed vendor of ammunition during regular business hours for the purpose of examining or inspecting any record required by this Chapter. s: \adanforth\Ordinances\Firearms Regs.. doc 12 Exception. The provisions of this section shall not apply to the sale of firearm ammunition by a firing range licensed to do business in the Town of Tiburon when the ammunition so purchased is expended on the premises of the range and not removed for use outside the range premises. 32-16 Penalty. (A) Any person violating any of the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding Five Hundred Dollars ($500) or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each person shall be guilty of a separate offense for each and 'every day during any portion of which any violation of any provision of this section is committed, continued or permitted by such person. (B) Any person found to be in violation of this chapter shall be subj ect to the revocation of his or her law enforcement permit to sell, lease or transfer firearms. (C) In addition to any other penalty or remedy, the County Counselor Town Attorney may commence a civil action to seek enforcement of these provisions. The Town Attorney may also elect to enforce this Ordinance by Administrative Citation pursuant to Chapter 31 of the Municipal Code. ARTICLE II PROHIBITION OF THE SALE OF SATURDAY NIGHT SPECIALS ("JUNK GUNS") 32-17 Purpose and Intent The purpose of this chapter is to ensure the health, safety and general welfare of citizens of the Town of Tiburon by eliminating the sale of cheaply made, inadequately designed, and poorly manufactured guns in the Town ofTiburon. 32-18 Definitions. Except as provided in Section 32-19 herein, the term "Saturday Night Special" (also known as "Junk Gun"), as used in this Article, shall mean any of the following: s: ladanforth IOrdinances\Firearms Regs.. doc 13 (A) A pistol, revolver, or firearm capable of being concealed upon the person,as those terms are defmed in California Penal Code Section 12001(a), which contains a frame, barrel, breechblock, cylinder or slide that is not completely fabricated of heat treated carbon steel, forged alloy or other material of equal or higher tensile strength. (B) A semi-automatic pistol which: (C) is not originally equipped by the manufacturer with a locked-breech action; and (D) is chambered for cartridges developing maximum permissible breech pressures above 24,100 Copper Units of Pressure as standardized by the Sporting Arms and Ammunition Manufacturers Institute. (E) for purpose of this subsection 2., "semi-automatic pistol" shall mean a firearm, as defined in California Penal Code Section 1200 1 (b), which is designed to be held and fired with one hand, and which does the following upon discharge: (i) fires the cartridge in the chamber; (ii) ejects the fired cartridge case; and (iii) loads a cartridge from the magazine into the chamber. "Semi-automatic pistol" shall not include any assault weapon designated in California Penal Code Section 12276. (F) A pistol, revolver, or firearm capable of being concealed upon the person, as those terms are defined in California Penal Code Section 12001(a), which: 1. uses an action mechanism which is substantially identical in design to any action mechanism manufactured in or before 1898 that was originally chambered for rimfire ammunition developing maximum permissible breech pressures below 19,000 Copper Units of Pressure as standardized by the sporting Arms and Ammunition Manufacturers Institute; and 2. is chambered to fire either centerfire ammumtlon or rimfire ammunition developing maximum permissible breech pressures above 19,000 Copper Units of Pressure as standardized by the Sporting Arms and Ammunition Manufacturers Institute; and 3. is not originally equipped by the manufacturer with a nondetachable safety guard surrounding the trigger; or 4. if rimfire, is equipped with a barrel of less than 20 bore diameters in overall length protruding from the frame; s: ladanforthlOrdinanceslFirearms Regs.. doc 14 5. for purpose of this subsection 3., "action mechanism" shall mean the mechanism of a fIrearm by which it is loaded, locked, fired and unloaded. (G) For purposes ofthis section, the following defmitions shall apply: 1. breech - the part of the fIrearm at the rear of the barrel; 2. breechblock - the block in a breech-loading fIrearm that closes the rear of the barrel against the force of the charge and prevents gasses from escaping; 3. cylinder - the turning chambered breech of a revolver; 4. forged alloy - alloy shaped by heating and hammering; 5. firearm frame or receiver - that part of the firearm which provides housing for the hammer, bolt or breechblock, and fIring mechanism, and which is usually threaded at its forward portion to receive the barrel; 6. heat-treated - to treat metal by heating and cooling to improve its qualities, most commonly to increase strength; and 7. tensile strength of heat-treated carbon steel - the known ultimate tensile stress of heat-treated carbon steel (60,000 psi). 32-19 Exclusions. The term "Saturday Night Special" or "Junk Gun" does not include any of the following: (A) Any pistol which is an antique or relic firearm or other weapon falling within the specifications of paragraphs (5), (7) and (8) of subsection (b) of California Penal Code Section 12020; or (B) Any pistol for which the propelling force is classified as pneumatic, that is, of; or related to, compressed air or any other gases not directly produced by combustion. (C) Children's pop guns or toys; or (D) An "unconventional pistol" as defined in California Penal Code Section 12020(c)(12); or s: \adanforth \OrdinancesiFirearms Regs.. doc 15 (E) Any pistol which has been modified to either render it permanently inoperable or permanently to make it a device no longer classified as a "Saturday Night Special". 32'-20 Roster of Saturday Night S'pe<;ial~. 32-22 Prohibited Activitv. No firearms gun dealer shall sell, offer or display for sale, give, lend or transfer ownership of any firearm listed on the Roster of Saturday Night Specials. This section shall not preclude a firearms dealer from processing firearm transactions between unlicensed parties pursuant to Section 12072(d) of the Penal Code of the State of California. This section shall not be enforced until the Roster of Saturday Night Specials has been completed and published in accordance with Sections 32-20 and 32-21. 32-23 Exemotions. Nothing in this section shall prohibit the disposition of any Saturday Night Special by Police Departments, Chief's Offices, Marshall's Offices, the California Highway Patrol, other local, State and Federal law enforcement agencies, or the military and naval forces of this State or the United States for use in the discharge of their official duties; nor shall anything in this section prohibit the use of any Saturday Night Special by regular, salaried, full-time officers, employees or agents thereof when on duty and the use of such firearms is within the scope of their duties. 32-24 Penalty. Any person violating any of the provisions of this Article shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars s: ladanforth IOrdinancesIFirearms Regs.. doc 16 ($1,000) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each person shall be guilty of a separate offense for each and every day or during any portion of which any violation of any provision of this section is committed, continued or permitted by such person. In the alternative, the Town Attorney may elect to punish violations by Administrative Citation pursuant to Chapter 31 of the Town Code. . agency SECTION II. Sections 25-1 and 25-2 of the Tiburon Municipal Code, currently found in Chapter 25, are hereby moved to become Article III of Chapter 32 and renumbered as Sections 32-26 and 32-27. The remaining sections of Chapter 25, Sections 25-3 through 25-5, inclusive, are hereby renumbered as Sections 25-1 through 25-3, inclusive. SECTION III. If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional. SECTION IV. This Ordinance shall take effect and be in force thirty (30) days after the date of passage. Pursuant to the provisions of Government Code Section 36933, a summary of this ordinance shall be prepared by the Town Attorney. At least five (5) days prior to the Council meeting at which adoption of the ordinance is scheduled, the Town Clerk shall (1) publish the summary, and (2) post in the office of the Town Clerk a certified copy of the ordinance. Within fifteen (15) days after adoption of the ordinance, the Town Clerk shall (1) publish the summary, and (2) post in the office of the Town Clerk a certified copy of the full text of the ordinance along with the names of the Town Council members voting for and against the ordinance. SECTION V. Recission Date: Article II ofCapter 32 shall be rescinded on January 1, 2001, the effective date of SB 15. III III s: ladanforth\OrdinanceslFirearms Regs.. doc 17 PASSED AND ADOPTED at a regular meeting of the by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: TOM GRAM, MAYOR TOWN OF TffiURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK jfg\firearms\dealer3 s: ladanforth IOrdinancesIFirearms Regs.. doc 18 FIREARMS REGULATION INFORMATION COMPILED BY: CHIEF PETER G. HERLEY TIBURON POLICE DEPARTMENT (11/97) TABLE OF CONTENTS PAGE Facts & S tats ..................................... 1 Second Amendment Argument ...................... 11 Assault Weapons Ban ............................. 13 Firearms Sales ................................... 14 Polls ......................................... ~ . 17 .Firearms and Children ............................. 18 Concealed Weapons Permits ........................ 21 FIREARMS REGULATION Information Compiled by: Chief Peter G. Herley Tiburon Police Department (11/97) FACTS & STATS Currently, there are 67-million HANDGUNS(I) and a total of 220-million firearms in circulation in the U.S.. (Approximately one gun for every man, woman, and child). In 1991, out of 38,317 firearms deaths, there were onlv 296 Justifiable/Self-Defense homicides by private citizens. (National Center for Health Statistics and FBI Unifonn Crime Reports). In 1992, the number went up to onlv 311 were justifiable/self-defense and repeated at 311 in 1993. (FBI Unifonn Crime Reports). 1/3 of all firearms possessed by private US citizens are handguns. (Centers for Disease Control). Handgun Homicides in US ISan Francisco Chronicle 15/16/94) - quoting FBI Unifonn Crime Reports) "Handgun homicides reached 13,200 in 1992, a 24% increase over the previous five-year average. The average cost for one hospitalized gunshot wound patient is $33,000. (Rice, D.P., Mackenzie, E.J. and Associates, Cost of Injury in the United States: A Report to Congress). Direct costs to California taxpayers in 1991 for firearm injuries were estimated at $176.8 million. (Pacific Center for Violence Prevention, Preventing Youth Violence). 30% of all unintentional shootings could be prevented by the presence of two safety features: trigger-locks and loaded chamber indicators - (Bureau of Alcohol, Tobacco and Fireanns. ATF Ready Reference 1991) In California, possession of brass knuckles or a dirk or a dagger a felony -- carrying a concealed weapon merely a misdemeanor! M01'O]l...VEH.ICLE.vs.EIMARMSJJ1fJAT'FlS (California Highwayl'atrOl<Uld CallforniaDepartnletlt of HealthSer"i"e~) * 1 992 - 4,183 Motor Vehicle Deaths vs 5,14'7FirearnlsJ)eat~s * 1993 -4,164 MotorVebic}(rDea.tbsvs 5,446..FirearmsDeaths IN1994, MORE..MINOKS..WERE KILLEDIN CALIFORNIA BY FIREARMS THAN BY TRAFFICCOLLISIONS! MOTOR VEHICLE DEATHS vs G UN DEATHS . 1 993 (C enters for Disease Contron 'By 2 00 I there will be m ore deaths nationally from guns than from cars! " VEHICLE DEATHS G tiN D EATHS A I aska 1 1 0 1 23 Arizona 797 8 1 1 Cal i fornia 4 1 64 5446 Wash D C 70 3 5 7 1 II inois 1 5 77 1 65 2 Louis iana 9 1 1 1 22 8 Mary land 669 797 Nevada 222 3 82 New York 1 996 2422 Texas 3 2 1 6 34 5 8 V i rginia 8 83 97 I " GUNS IN THE HOME KILL FAMILY AND FRIE NDS 43 TIMES MORE THAN BURGLARS." ("Primetime Live" AB C-TV (3 /27/96) (Wintemute. G J "Rin " of Fire: The Handeun Makers in Southern California " - Sacramento. CA Violence . Prevention Research Pro!!ram . 1 994) CAL IFORNIA LEADS TH E NATION IN THE NU MBER OF HANDGUNS MANU FACTURED (Firearms Production in America - Washington. D C V io I ence Po I icy C enter. 1 994). 1 00.000 ESTIMATED WEAPO NS ARE STOLEN ANN UA LLY I N CA L I FORN I A ( t 994) (Cal ifomia Deoartment of Justice. Bureau of Criminal Information and Analvs is) 2 "GUNS TAKE A $20-BILLION TOLL EACH YEAR" - ruc San Francisco Studv - SF Examiner (]/8/94) $1.4 Billion in medical costs $1.6 Billion in lost productivity resulting from fireanns-related disabilities $17.4 Billion in lost productivity due to premature death . EVERY 2.5 MINUTES, someone is injured by a gun! EVERY THREE HOURS, a teen commits suicide with a gun! . EVERY DA Y, a child is killed by a gun! . EVERY YEAR - 30,000 people are murdered with a gun! . EVERY YEAR - 1,500 people accidentally killed by a gun! . EVERY YEAR - 12,000+ people commit suicide with a gun! In 1990, fireanns claimed more lives of people aged 15-24 than all natural causes combined! Fireanns are the second most frequent cause of death for people aged 15-34! Gunshots cause 30% of spinal cord injuries treated Milwaukee's Froedtern Memorial Lutheran Hospital. Of all those who received a spinal cord injury through violence, 90% suffered a gunshot wound. (Philadelphia Inquirer, 5/1/94). FIREARMS BOOKED INTO EVIDENCE - CALIFORNIA 0991-1994) (California Deoartment of Justice. Bureau of Criminal Information and Analvsis) 1991 18,743 . 1992 28,861 . 1993 38,445 1994 41,205! 1995 37,191 "SA TURDA Y NIGHT SPECIALS" ACCOUNTED FOR EIGHT OUT OF TEN GUNS MOST FREOUENTL Y CONFISCATED BY POLICE IN CALIFORNIA (993) - (Wintemute. G.J. "Rinf! of Fire: The Handrzun Makers in Southern California" - Sacramento. CA: Violence Prevention Research Program. 1994) SUICIDES 61.3% of all suicides are accomplished with fireanns (National Center for Health Statistics) 3 HOMICIDES MURDER TOTALS - FIREARMS USED - (FBI Uniform Crime ReDorts) 1990 1991 1992 1993 1994 Total Murders - 20273 21676 22716 23180 22076 Total Firearms Used- 13035 (76.4%) 14373 (66.3%) 15489 (68.2%) 16136 (69.6%) 15456 (70.0%) Handguns Used- 10999 (54.3%) 11497 (53.0%) 12580 (55.8%) 13212 (56.9%) 12769 (57.8%) 1995 1996 20043 15848 13673 (68.2%) 10744 (67.8%) 11198 (55.9%) 8594 (54.2%) HOMICIDES ATTRIBUTED TO FIREARMS vs ALL OTHER HOMICIDE METHODS 0992 - t996) - ( FBI Uniform Crime ReDorts) Firearms vs. Other TVDes . 1992 - 55.4% vs. 44.6% . 1993 - 69.6% vs. 30.4% . 1994 - 70.0% vs. 30.0% . t995 - 68.0% vs. 32.0% . 1996 - 67.8% vs. 32.2% HOMICIDES INVOLVING HANDGUNS vs OTHER FIREARMS 0993 - 1996) - (FBI Uniform Crime ReDorts) Handguns were involved in: . 1993 - . 1994 - . 1995 - . 1996 - 81.9% of U.S. Firearms-Related Homicides vs. 18.1% other firearms. 82.6%" " " vs. 17.4 % " 81.9%" " " vs. 18.1 % " 80.0%" " " vs.20.0% " A murder occurs every 27 Minutes FBI Uniform Crime ReDorts (1996) 4 MORE.AME-RlCAlVS..WEJ!JEft$uiiiJEllJ!;(iJ....rtl1Tl1.EliBAiiMSBETWEElV 1990-93.THAlVWllREKlLLEDllV8.S..YEARS.OFTHEVlETJVAMWAR!t I- 46.163.AMElIICAN.SOLDIERS..WEItf.KILLED..J(IETNAMlN.8.5-YEAlM'......(Yietnam..Wa......AllDanall). - 59.086. FlReARM.S.MURDERS..IN.TflE..UNITED STATES.BETWEEN.J.99OA.!'I>>.1993.....(IfBIUnifo..rn CriJIJ.eRenortsl. MURDERS WITH A FIREARM OF YOUTHS (CHILDREN UNDER t8) 0993 - 1996) - (FBI Uniform Crime Reoorts ) . 1993 - 1637 (60.7%) of2697 murders. . 1994 - I 512 (60.0%) of2521 murders. . 1995 - 1482 (6 1%) of 2428 murders. . t996 1084 (55.3%) of 1960 murders. HOMICIDES BY TYPE OF WEAPON - CALIFORNIA 0992 - 1995) - (California Deoartment of Justice) 1992 (3920) 1993 (4095) . 1994 (3699) 1995 (3530) . Firearms - 2839 (72.9%) 3007 (73.4%) 2778 (75. 1%) 2590 (73.4%) . Knives/Cutting Instru's - 543 (13.9%) 470 (1 I .5%) 427 (1 I .5%) 405 (1 1 .5%) . Personal Weapons - 168 (4.3%) 139 (3.4%) 156 (4.2%) 165 (4.7%) . Blunt Objects - 161 (4. 1%) 204 (5.0%) 157 (4.2%) 156 (4.2%) . OtherlUnknown - 209 (5.3%) 275 (6.7%) 181 (4.9%) 214 (6.1%) HOMICIDES BY TYPE OF FIREARM 0993 - t996) - (FBI Uniform Crime Reoorts ) 1993 1994 1995 1996 23180 22084 20232 15848 . Handguns - 13212 (57.0%) 12775 (57.8%) 1 1282 (55.9%) 8594 (54.2%) . Rifles - 757 (3.3%) 724 (3.3%) 654 (20.0%) 546 (3.5%) . Shotguns - 1057 (4.6%) 953 (4.3%) 929 (4.6%) 673 (4.3%) . Other firearms - I I 10 (4.8%) 101 1 (4.6%) 925 (4.6%) 103 I (5.9%) 5 HOMICIDES - CONTRIBUTING CIRCUMSTANCES - CALIFORNIA 0993 - 1995) - (California Deoartment of Justice. Criminal Justice Statistics Center) 1993 1994 1995 . Argument - 37% 37% 34% . Gang Related - 21% 24% 25% . Rape, Robbery, Burglary - 13% 11% 11% . Drug Related - 7% 7% 5% . All Others - 7% 7% 8% . Unknown - 16% 14% 17% HOMICIDES - RELATIONSHIP TO VICTIM - CALIFORNIA 0993 - 1995) - (California Deoartment ofIustice. Criminal Justice Statistics Center) 1993 1994 1995 . Friend, Relative. Acquaintance - 70.43% 73.8% 65.7% . Stranger - 29.57% 26.2% 34.4% VIOLENT CRIMES - FIREARMS USED 0993-t996) - (FBI Uniform Crime Reoorts) ("Violent Crimes" ~ murders, robberies, aggravated assaults in the US). [Note: Statistics not keptfor the type of weapon used in rape cases]. Firearms were used in: . 1993 - 615,740 (32%) of the 1,924,188 violent crimes in the US. . 1994 - 577.892 (31%) of the 1,857,670 " " " . 1995- 539,636 (30%) of the 1,798,670 " " " . 1996 - 487,861 (29%) of the 1,682,278 " " " MARIN COUNTY - A CALIFORNIA EXAMPLE (Marin Indeoendent Journal. 5/17/94) Homicides . 1992 - 11 homicides (10 committed with handguns) . 1991 - 10 homicides (4 handguns, I rifle, and I shotgun) . 1990 - 4 homicides (1 committed with a handgun) A Violent Crime Occurs Every19secofrds - (FBI Uniform Crime Reports (1996) - 6 ...J' IN 1994~ FIREARMS WERE USED TO KILL 75 OF THE 76 POLICE OFFICERS MURDERED IN THE UNITED STATES!! (FBI National Press Release - 2/95) "....the preliminary statistics showed that the 76 officers murdered on duty in 1994 was the highest national total sin ce 1988." (FBI National Press Release - 2/95) (The International Association of Chiefs of Police and other professional police organizations fmally succeeded in getting Con ress to ban the Te on..eoated, "Co -Killer" buYers, in site 0 the NRA 's 0 osition! POLICE ARE OUTGUNNEDI Police cannot keep up with the technology and sophistication of weaponry. Changes haven't effected crime, but have effected the numbers of police officers killed. . "If we allowed everyone to carry an assault weapon, the police would eventually be walking around with UZl's slung around their shoulders like in Beirut." (Joseph McNamara, Stanford University's Hoover Institute and former Chief of San Jose PD). . With the exception of SWAT, police weaponry has changed little! . The same bullets which police carry are being sold on the open market! 7 ROBBERIES ARMED ROBBERIES BY TYPE OF WEAPON - CALIFORNIA 0992 - 1995) (California Deoartment of Justice. Criminal Justice Statistics Center) 1992 1993 1994 1995 . Firearms Knife/Cutting Instrument Other Dangerous Weapon 63% 65% 18% 16% 20% 19% 64% 66% 16% 21% 20% 13% . . ARMED ROBBERIES - FIREARMS USED 0993 - 1996) - (FBI Uniform Crime Reoorts) Firearms were used in: . 1993 - 279,737 (42.4%) of the 659,757 armed robberies in the US! 1994 - 257,428 (41.6%) " 618,817 1995 - 238,023 (41.0%) "580,545 " 1996 - 218,579 (40.7%) " 537,050 ARMED ROBBERIES USING A FIREARM - CALIFORNIA 0983. 1993 - 1995) (California Deoartment of Justice. Criminal Justice Statistics Center) 1983 - 32,0600 1993 - 51,901 1994 - 44,472 . 1995 - 40,307 8 AGGRA VA TED ASSAULTS ....-............-.-.....-..--..-..-...-....--...',;.'..'. :,....:...;...;...;.;.;.,.,.:.,.;.:.;.;.:...:.:.;.:.:.; .:.:.:.:.:.:.:.:.;.:.;.:.;.:.:.;.;.:.:.,.;.:.;.:.:.,.:. :.:.:.:.:.:.:.:.:.:.:.:.:.:-:.:.:.:.:.:.:.;.:.:.:.:.:.; .,.:.;.,.:.:.:.:.,.:.;.:.:.,.,.:.;.:.:.,.:.:.:.;.;.,.;. ::o;:::;:::::;:;:::::::;:;:;:::::::::::::,;,::?}; ';':':';':':':':':';':';';':';':"." .::::j:;<::::t,}{;,:t: ;.;.:.:.;.:.:.,-:.:.;.;.:.;.:.;.;.;.; :::::::::::::::::::::::::~:::::::::: .:::;;:;:::;:::::::::::::~:::::::.:. ............-...-.......-.. I(I#(~ijfJtmll!la.~i .;.;.;.:.;-,.;.;.:.;.:.:.:.:.,.:.:.:.:.:. :.,.;.;.;.:.;.;.;.;.:.;.:.:.;.:.:.:.:.;.: .,.:.):.,. :,:::,:::::::::,::::::,:::::.:::::::::~: ...,..,.......,....,....,........ ......................................... ..-.,..............-.........................,..-.-.....-........................ .:.:::.,.:.:.:-:.:.:.:.:.:.:.:.:.,.:.:.:.:.,.:.:.:.:.:.:.:.:-:.:.:.,.:.,.:.:.:.,: ...............................-.-.............................................. AGGRAVATED ASSAULTS USING A FIREARM (1993-1994) (FBI Uniform Crime Reoorts) Firearms were used in: t993 - 1994- 1995 - 1996 - 284,910 (25.1%) of the 1,135,607 aggravated assaults in the US. 268,788 (24.8%) 1,119,950 251,712 (22.9%) 1.099,950 226,559 (22.0%) 1,029,814 " . . AGGRA VA TED ASSAULTS USING A FIREARM - CALIFORNIA (1994-1995) (California Deoartment of Justice. Criminal Justice Statistics Center) . 1994 - Firearms were used in 39,334 (20.5%) of the 192,138 aggravated assaults in California. 1995 - 36,758 (19.7%) ofthe 186,311 (California totaled 17.2%of all the aggravated assaults and 14.6% of all the firearms-related aggravated assaults which occurred in the US!) 9 DOMESTIC VIOLENCE DOMESTIC VIOLENCE CASES - FIREARMS RELATED 11991-1995) - (California Deoartment of Justice. Criminal Justice Statistics Center) 1991 1992 1993 1994 1995 TOTAL CASES - 148,555 Firearms Used - 3,129 (2.1 %) 175,353 3,053 (1.7%) 173,260 182,240 174,299 2,951 (21.7%) 3,089 (1.7%) 2,838 (16%) 10 ..1s." SECOND AMENDMENT ARGUMENT "A WELL-REGULATED MILITIA BEING NECESSARY TO THE SECURITY OF A FREE STATE, THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS SHALL NOT BE INFRINGED" ?? trthe Founding Fathers intended to create a broad, individual right to own firearms, why did they mention the militia at all? ?? Why did the Founding Fathers not use language similar to the unequivocal guarantees stated in the First Amendment? . A well-regulated militia disappeared long ago, primarily because states decided that a huge military force was too costly and cumbersome to maintain. The modem descendent is the National Guard. . The Founders' concem in drafting the Second Amendment was not individual liberties, but rather the preservation of state militias against encroachment by the Federal government. . Also, there was an intended distribution of military power between the states and the federal government. Colonists did not trust the power of a large, standing anny composed of professional military men and saw state militias, composed of ordinary citizens, as a necessary check on that power. . In Colonial times all males of a certain age were required by law to own certain firearms for militia service and report for "militia" training several times a year. When the Second Amendment was written, firearms were different -- e.g. the type of firearms manufactured when the Constitution was written took longer to reload. . THERE IS NOT AN "UNLIMITED RIGHT" TO BEAR ARMS! The NRA would have us believe that there is, in fact, an unlimited right to bear arms and should not be interfered with! (e.g. Bazookas, machine guns, assault weapons, tanks, etc.) . NRA - "The framers wanted an armed populace to reduce the dangers of a standing army." . The right to bear arms should have severe limitations, including: Criminals Mentally ill Gun registration Types of weapons 11 COURT CASES THERE HAS NEVER BEEN A SUPREME COURT CASE WHICH INTERPRETED THE US CONSTITUTION AS GIVING AN INDIVIDUAL THE "RIGHT TO BEAR ARMS!" "....to assert that the Constitution is a barrier to reasonable gun laws, in the face of the unanimous judgment of the federal courts to the contrary, exceeds the limits of principled advocacy." - Edwin N. Griswald, former dean of/he Harvard Law SchooL us v, MILLER. 307 US 174. 178 (1939) -- The "obvious purpose" of the Amendment was "to assure the continuation and render possible the effectiveness" of the state militia forces, adding that the Amendment "must be interpreted and applied with that end in view." "THE NECESSITY OF MAINTAINING EFFECTIVE STATE MILITIAS IS PLAINLY THE ONLY CONCERN OF THE SECOND AMENDMENT. " STEVENS V. US 1440 F.lD (1971): . "Since the Second Amendment applies only to the right of the State to maintain a militia and not to the individual's right to bear arms, there can be no serious claim to any express constitutional right of an individual to possess a firearm. II LEWIS V. US. 445 US 55 (1980) . The Supreme Court reaffirmed that the Second Amendment IS NOT a guarantee of an individual's right to bear arms. Upheld the federal statute barring a convicted felon from possessing firearms. . Statute needed only a "rational basis II to survive constitutional attack because "these legislative restrictions on the guise of ftrearms are neither based upon constitutionally suspect criteria, nor do they trench UDon any constitutionality protected liberties. This ruling refutes the NRA's claim that the private ownership of firearms is protected by the Constitution. OUILICI V. VILLAGE OF MORTON GROVE 695 F, 2D 261 (7TH GR. 1982), CERT. DENIED, US 86319831 . "Morton Grove Case" - A local ban on the possession of handguns was upheld against constitutional attack, the Court holding that since". . . the right to bear arms is inextricably connected to the preservation of a militia. . . the right to keep and bear handguns is not guaranteed by the Second Amendment." FARMER V, HIGGINS (1991) Let a federal ban stand on the sale of new fully-automatic machine guns. Worst defeat for the NRA in years 12 \ ASSAULT WEAPONS BAN . us Supreme Court let stand (refused to review) a suit that challenged a 1986 federal law banning private ownership or transfer of new machine guns. . When an Assault Weapon is banned by name, the gun manufacturers can modify a bolt or a screw or even change the name -. thus, the weapon is not on the "banned" list. THE CALIFORNIA POLICE CHIEFS ASSOCIATION'S POSITION ON "ASSAULT WEAPONS" STATES THE FOLLOWING: ("ConCronting the American Tragedy: The Need to Better Regulate Firearms") "ASSA UL T WEAPONS - Military-style assault weapons serve no valid sporting purpose nor are they necessary for the protection of the home. These weapons have proven incredibly destructive in the hands of the criminal and mentally ill person. We propose that these weapons be clearly defined and identified as serving no recognized civilian purpose and, accordingly, be prohibited from ownership, possession, or sale. " . CALIFORNIA BAN 19/11/91) Federal court threw out NRA suit claiming that plaintiffs were "irreparably injured." . "We conclude that the constitution has left the question of gun control to the several states. There are no federal constitutional provisions that have been offended by this act." U.S. V. HALE 978 F2D 1016(1992) . u.S. Court of Appeals found that the 1986 Federal ban on possession of new machine guns does not violate the Second Amendment. OREGON BAN 18/25/93) . On 1/25/93, the Multnomah County (Portland area) ordinance restricting the possession of assault weapons in public places was upheld by the Oregon Court of Appeals. (Oregon State Shooting Association v. Multnomah County). . THE US SENATE (1993) ADOPTED SENATOR DIANE FEINSTEIN'S ASSAULT WEAPONS BILL . Bans production, sale or possession of 19 models of Assault Weapons. 13 FIREARMS SALES Should gun owners, like automobile drivers, be required to have public liability insurance since the Supreme Court has consistently ruled that gun ownership is a privilege, not a right - the same a driving is a privilege, not a right? THE HEAD OF GUN OWNERS OF CALIFORNIA STATED, "AN ARMED SOCIETY IS A POLITE SOCIETY." How EASY Is IT TO PURCHASE A HANDGUN? NEW YORK CITY: By state law, a potential purchaser must: Supply proof of residence Supply birth certificate . Have fmgerprints furnished to police . Undergo criminal records check . Undergo police check for any commitment because of mental illness . Wait up to six months for a permit to be issued. Versus DALLAS: . A potential purchaser must supply ONL Y the information required by federal law: Proof of residence. . Declaration by the purchaser that he/she is not: . A felon . A user of narcotics An illegal alien Under indictment A dishonorably discharged veteran. . Mentally incompetent 1993 - A RECORD YEAR FOR GUN SALES IN CALIFORNIA (SF Examiner - 117194). . 665,299 guns were sold in California in 1993. 18.9% (106,691 guns) increase over 1992 sales (559,608 guns). Growing feeling that the police can't protect the citizenry. 14 CALIFORNIA FIREARMS SALES 11993 - 1995) ICalifornia Deoartment of Justice. Firearms Program) 1994 1994 1995 TOTAL- 642.197 599.672 411.668 . Handguns - Long Guns - 433,822 (68.3%) 208,375 (31.7%) 382,085 (63.7%) 217,587 (36.3%) 254,626 (61.9%) 157,042 (38.1%) 1993 - 74% OFTHE FEDERAL FIREARMS LICENSE HOLDERS SELL GUNS OUT OF THEIR HOMES - IAlcohoL Tobacco. and Firearms Office of Com olia nee Ooerations) MANDATORY WAITING PERIOD ?? Can a case be made that avoiding "inconvenience" to gun purchasers is more important than saving lives? (WHATEVER TIME lTTAKESTO PROVE COMPETENCY TO OWN A WEAPON SHOULD HE THE RULE TO ENSURE THAT GUNS STA Y OUT OF THE CRIMINALS AND MENTALLY INCOMPETENT/) DOES A WAITING PERIOD WORK? . Maryland New Jersev Illinois 732 former felons prevented from purchasing a weapon 10,000 stopped in 19 years In 1988, the state denied fIrearms owners ID cards to 2,470 people and revoked 779 cards because of felony convictions 7-days stopped 939 prohibited people from making handgun purchases in 1988. (11,158 purchases stopped from '80-'88) (7-days) denied 838 in 1988 637 in 1988 . Indiana . Maryland New Jersev . CALIFORNIA DEALERS RECORD OF SALE DENIALS (15 DAYS WAITING PERIOD!)- (California Department of Justice, Firearms Program) . Between Jan, '86 and Jul. '93, there were 25,262 denials. . 6,509 prohibited from purchasing a weapon in 19931 [746 (13%) more than in 1992]. 1994 denials - 6,426 . 1995 denials - 4,206 OfCenseslProhibitions included: homicide conviction kidnaping sex crimes robbery burglary mental health (danger to self or others) 15 PROHIBITION OF SALE DENIALS IBY PROHIBITION TYPE) - ICalifornia Deoartment of Justice. Bureau of Criminal Information and Analvsis) 1992 1993 1994 1995 Total Denials 5.763 6.509 6.426 4.206 Felony Mental 2,494 195 2.734 410 2,442 509 1,510 470 1994 - GUN SALES IN CALIFORNIA DROPPED 6.6% - (California Deoartment of Justice. Bureau of Criminal Information and Analvsis) 1995 - GUN SALES IN CALIFORNIA DROPPED 31% (California Deoartment of Justice. Criminal Justice Statistics Center and Attornev General's Press Release) (In Washington, D.C. (where handguns are banned), of 2,389 guns confIScated by police last year, 35% camefrom Virginia gun stores and 21 percent came from Florida, Georgia, and Texas- where the guns sales laws are more liberal!) LICENSING/INSPECTION OF FIREARMS DEALERS In August of 1993, President Clinton called for a review of lax federal procedures which provided for a dealer's license for only a $10 fee. The Brady Bill hiked the dealer's license to $200 to ANYONE over 21 who has a fixed address and no criminal record. Today, there are more than 287,000 federally licensed gun dealers in the US . . Since there are ONLY 225 inspectors in the Bureau of Alcohol, Tobacco, and Firearms (A TF), inspections are virtually impossible! While there are currently 24,000 Federal Firearms License holders in California, California's stringent dealers licensing requirements reduces the number to onlv approximately 3,700 currently licensed by the State to carry out firearms transactions. (Califomia Department of Justice - 1995) "STRA WMAN" SALES Isellinl! a l!un with knowledl!e it is for someone else not aualified Cor nurchasinl! weaoon ). . California Court of Aoneals !Hoosier v. Randa. 17 Cal. Rotr 2d 518 ICal. ADD. 2. Dist. &1993) . Found that a gun dealer alleged to have been engaged in a "strawman" sale could be forced to pay damages for a violent act later committed with the gun. 16 POLLS TIMES/CNN POLL - 12/93 70% of Americans favor gun control . 78% favor mandatory registration of dlJ" guns Yet 74% oppose a ban on handguns 45% of Californians favor a handgun ban. GALLUP POLL - 1993 ISHOULD GUN LAWS BE MORE STRICT?) . 70.0% - More Strict . 4.0% - Less Strict . 24.0% -Same 2.0% - No Opinion TIME/CNN POLL OF GUN OWNERS IFebruarv 6.1990) -- (Yankelovich Clancv Shulman) 87% (seven in eight) are for a federal law which would require a seven-day waiting period. Most gun owners have more than one gun.. 4.4 on average. . A majority of owners (53%) do not lock up their guns while 45% do. OWNERS WHO HAVE CHILDREN LIVING IN THEIR HOMES ARE ALMOST AS LIKELY TO REFRAIN FROM LOCKING UP THEIR FtREARMS -- 46% OF THEM DO NOT LOCK UP THEIR FIREARMS! Self-Defense - only 9% have fired guns to protect themselves (More than police officers?) Most shotgun wounds can be traced to accidents rather than criminals. GALLUP POLL (1993) . 92% of those polled favor at least a 5-day waiting period USA TODAY/CNN/GALLUP'POLLIl993) . Poll of gun owners in the US: . 66% support a ban on assault weapons. . 60% support a ban on cheap handguns. 59% support limiting gun purchases to one gun per month. . 79% support the new Brady Law (mandatory 5-day waiting period). . 82% support mandatory safety courses. 17 FIREARMS AND CHILDREN . Every day, 10 American children ages 19 and under are killed in gun accidents, suicides and homicides - many more are wounded. (National Center for Health Statistics) Accidental handgun shootings of children 16 and under - (An analysis of266 accidental handgun shootings of children ages 16 and under by the Centers for Disease Control) . Victim's home Friend/relative's home Other 50% 38% 12% . . 2,874 Children and teenagers were murdered with firearms in 1990 - (National Center for Health Statistics) . 47 children and teenagers died in accidental shootings in California (1992) - California Department of Health Services) . 541 Children and children and teenagers died in unintentional shootings. (National Center for Health Statistics). The US General Accounting Office found that unintentional shootings in which children under the age of six killed themselves or others could have been prevented by childproof safety devices. (Wintemute, G., Hancock, M., Loftin, c., McGuire, A., Pertschuck, M. And Teret, S. "Policy Options on Firearms Violence," Improving the Health of the Poor: Strategies for Prevention, Samuels, S.P., and Smith, M.D. (Eds.), (Menlo Park, CA: Henry 1. Kaiser Family Foundation) . 30% of all unintentional shootings could be prevented by the presence of two safety features: trigger-locks and loaded chamber indicators - (Bureau of Alcohol, Tobacco and Firearms. A TF Ready Reference 1991) . More than 1.2 million elementary-aged, latch-key children have access to guns in their homes (Centers for Disease Control) California (1991) -firearms were involved in 92.4% of all homicides of victims aged 18 and under. (California Department of Health Services). California (1991) - Firearms were involved in 26.1% of deaths of victims aged 18 and under. (California Department of Health Services). Gunshot wounds to children ages 16 and under have tripled in major urban areas since 1986. (American Academy of Pediatrics, Committee on Trauma, Surgical Section) Firearm murders of youngsters 19 and under increased 97 percent between 1984 and 1989. (National Center for Health Statistics) One out of every 10 children who died in 1987 was killed with a gun. (National Center for Health Statistics) 20.4% of all deaths of youths 18 and under involvedfirearms (1992) - California Department of Health Services) 18 ..,,- . At least 71 students and teachers nationwide were killed with guns on school campuses between '85/86 and '89/90 school years. Another 201 were wounded and at least 242 were held hostage at gunpoint (Center to Prevent Handgun Violence) . BASED ON A SURVEY OF I 1,000STUDENTS CONDUCTED JOINTLY BY FOUR HEALTH ORGANIZATIONS, AN ESTIMATED 135,000 BOYS CARRIED HANDGUNS TO SCHOOL DAILY IN 1987, AND ANOTHER 270,000 CARRIED HANDGUNS TO SCHOOLATLEASTONCE. (National School Safety Center) California schools reported a 200% increase in student gun-possession incidents between 1986-90, and a 40% increase between 1988-90. Florida reported a 61% increase in gun incidents in schools between 1986/87 and 87/88, and 86% of the weapons that were traced came from the student's homes. (California Department of Education, Florida School Boards Association) . Kids bring guns to schooL In the 1992-93 schoolyear, 60 guns were confIScated in Oakland, 81 in Detroit, 95 in Dallas, 30 in San Diego, I2 in San Francisco, and 600 in Los Angeles. (San Francisco Chronicle - 4/27/94) In 1988, gun accidents were the fifth-leading cause of accidental death for children ages I4 and under. (National Safety Council) . A study of 266 accidental shootings of children revealed that 50% of the accidents occurred in the victims' homes, and 38% occurred in the homes of friends or relatives. Handguns were used most often (45%) and found in bedrooms. Boys were predominantly victims (80%) and shooters (92%). (Center to Prevent Handgun Violence) . 643 children and teenagers were murdered withftrearms in California (1992) - (California Department of Health Services) TEENAGE SUICIDE . Every six hours, a youth Aged I()"19 commits suicide with a gun - 1,474 in 1990. (National Center for Health Statistics, 3/23/93). . California (1991) - Firearms were involved in 63.4% of all suicides of those 18 years and under. In 1992, firearms were involved in 58.39%- (Califo.rnia Department of Health Services) . In 1990, 1,476 children and teenagers committed suicide with firearms. (National Center for Health Statistics). . Suicide ratesfor adolescents 15-19 years of age quadrupled between 1950 and 1988, making suicides the third leading cause of teenage death. (Centers for Disease Control, Youth Suicide Surveillance, 1990) l 19 . The suicide rate of adolescents has tripled in the past three decades, making suicide the third-leading killer of teenagers. Guns are the leading method used by teenagers to commit suicide (60%), and nine out often of the anempted suicides involving handguns are completed. (National Center for Health Statistics, Centers for Disease Control). The odds that potentially suicidal adolescents will kill themselves double when a gun is kept in the home. (Centers for Disease Control). A suicidal teenager living in a home with an easily accessible gun is more likely to commit suicide than a suicidal teenager living in a home where no gun is present (Western Psychiatric Institute and clinic, Pittsburgh, PA & University of Pittsburgh, Graduate School of Public Health) Most teen suicides are impulsive, with little or no planning, and 70 percent occur in victims' homes. (University of Minnesota Medical School) . An estimated 3.6 million high school students across the country considered taking their own lives in 1990. (Centers for Disease Control, Youth Suicide Surveillance, 1990) . 107 children and teenagers commined suicide in California.ln 1992 (California Department of Health Services) 20 CONCEALED WEAPONS PERMITS CALIFORNIA POLICE CHIEFS ASSOCIATION'S POSITION ON CONCEALED WEAPONS STATES THE FOLLOWING: ICaliCornia Police ChieCs Association's Position Paner. "ConCrontin2 the American Tra2edv: The Need to Better Rel!ulate Firearms") "The issuance and possession of a permit to carry a concealed weapon is and should continue to be a privilege that is granted to few persons and under circumstances where protection with a lethal weapon is justifiably necessary. We propose that the authority to issue a concealed weapon permit stay at the local level where there is a greater likelihood that accountability for permit use and abuse will be had. We do, however, strongly believe that uniform articulated standards and qualifications for permit application and issuance should be adopted. The qualifications should require an applicant be free of any significant criminal history, mental illness, incident(s) of violent behavior, and substance abuse. The process standards should include a definition of good cause to issue, a defined background procedure, a psychological and medical examination, a training requirement, and liability insurance coverage, should it be available. " Studies have shown that the imposition of severe penalties for carrying concealed handguns without a permit has reduced both thefirearm homicides and robberies in Massachusetts and Detroit - Webster, D., Chaulk, c.P., Teret, S.P. and Wintemute, G.J. "Reducing Firearm Injuries," Issues in Science and Technology, Spring 1991. In 1995, states which have liberalized their firearms-carrying laws, such as Florida, Oregon and Mississippi, have had their firearm homicide rate increased by an average of 26%1 - McDowell, d., Loftin, C. And Wiersema, B. "Easing Concealed Firearms Laws: Effects on Three States," Journal of Criminal Law and Criminology, Summer 1995. . CARRYING CONCEALED WEAPONS PERMITS - CALIFORNIA (1995) - Bureau of Criminal Information and Analvsis 1995 . Issued Revoked 39,620 18 . HICKMAN v. BLOCK. et. al. 96 DAR 3934 19" CIRCUIT). Court did not agree, as plaintiff alleged, that Sheriff Sherman Block's denial ofa CCW infringed on plaintiffs Second Amendment rightto keep and bear arms. Because plaintiff did not sue to defend the state's right to keep an armed militia, plaintifffailed to show "injury" as required by the constitutional standing doctrine. Therefore, plaintiff had not standing and the court had no jurisdiction to hear the appeal. 21 Firearm-Related Violence: Costs Page 1 of2 . PACIFIC CENTER FOR VIOLENCEI'REVENTIOlli Firearm-Related Violence ~....._.zr _.~~ ~ _.- - rI"'itM.- :- ;ao,--- _ Costs Acute medical care for patients with firearm-related injuries has been estimated to cost nearly $32,000 per hospital admission. I Gunshot wounds are costly. Treatment of gunshot wounds is, on average, twice as expensive as treatment of stab wounds or other intentional injuries.2 80% of the medical cost for treatment of firearm-related injuries is paid for by taxpayers.3 Youth gunshot victims in California inculTed nearly $50,000,000 in hospital bills, for the initial hospitalization only, in 19924 Gunshot injuries in California cost $329 million in 1991. Just over half of this cost is for hospitalizations; 44% for other medical care; and 5% for related nonmedical care5 References I. Kizer, K. W., Vassar, M.l., Harry, R.L., Layton, K.D. Hospitalization charges, costs, and income for firearm related injuries at a university trauma center. JAMA, 273 (22) June 14, 1995: 1768-1773. 2. Tellez, M. G, Mackersie, RC., Morabito, D., Shagoury, c., Heye, C. Risks, costs, and the expected complication of re- injury. Am J Surg, 170 (6) Dee, 1995: 660--664. 3. Wintemute, G.J., Wright, MA Initial and Subsequent Hospital Costs of Firearrn Injuries. J Trauma, 33 (4) Oct. 1992: 556--660. 4. Emergency Preparedness and Injury Control (EPIC) Branch. Violent Injuries to California Youth, Sacramento, CACalifornia Department ofHea1th Services, September 1996, Report No.7, Table D-2. 5. Max, Wendy. The Impact of Gun Violence on California's Health Care System. Testimony before California Assembly Select Committee on Gun Violence, Nov. 29, 1994. Pacific Center for Violence Preveniton Permission is granted to distribute this document in unaltered format. 12/6/96 ~ I Related Sites II Site Map II En Espailo'l ~ ~ http://www. pcvp. org/pcvp/firearmslfacts/guncost2. shtml 10/13/99 ~ fireann related violence in California Page 1 of2- PACIfiC CENTER FOR VIOLEN(:E PREVENTION Firearm-Related Violence in California ~~~ 11'1:__ I': ~..~.:.... ti - - --. Facts in Brief On average, 11 people in California were killed with a gun every day in 1996.1 There were 4,045 firearm deaths in California in 1996. Of these: . 2,161 were fireann homicides; . 1,724 were fireann suicides; . 94 were unintentional shootings; and . 66 were ofundetennined intent2 Most murders are committed with a firearm, most often a handgun. In 1996: . guns were used in 71.7% (1,835) of all California homicides (2,579); and . 89% (1,633) offireann homicides involved handguns3 More Californians die from firearm injuries than from car crashes. In 1996, there were 4,045 firearm- related deaths and 4,022 motor-vehicle-related deaths.4 California is now one of six states for which this is true. 5 Firearms were used in just over half (51 %) of all suicides in California6 Youth 669 young people ages 0-19 died as a result offireanns in California in 1996. Of these: . 520 were fireann homicides; . 107 were fireann suicides; . 35 were unintentional shootings; and . 7 were of undetermined intent7 Firearms are the leading cause of death for young people ages 1-19 in California. More young people die because of guns than from car crashes, AIDS, cancer, or other diseases.8 Most youth homicide victims are killed with a gun. Fireanns were used in 75% of all homicides among young people (ages 0-19)in California9 Handguns were used in 65% of all firearm homicides among young people 0-19 in California. 10 http://www. pcvp. org/pcvp/fireanns/factslcagun3. shtml 10/13/99 firearm related violence in California Page 2 of2 Firearms were used in just over half (52%) of suicides among young people ages 0-19 in California, while suffocationlhanging accounted for 32% of youth suicides. II References I. California Department of Health Services, Vital Statistics. Injury mortality data file. 1996. 2. ibid. 3. California Department of Justice, Criminal Justice Statistics Center. Willful Homicide Crimes,1997: By Type of Weapon. Data received from Bonnie Collins, July, 1998. 4. State of California, Department of Health Services, Death Records, 1996. 5. National Center for Health Statistics. Data from the National Vital Statistics System 1995 provided by Lois Fingerhut 1/7/98. The other states in which firearm deaths exceed motor vehicle crash deaths are: Maryland, Virginia, Louisiana, and Arizona. 6. State of California, Department of Health Services, Death Records, 1996. 7. California Department of Health Services, Vital Statistics. Injury mortality data file. 1996. 8. State of California, Department of Health Services, Death Records, 1996. 9. ibid. 10. California Department ofJustice. Willful homicide crimes, 1997, By type of weapon, computer generated data from Bonnie Collins 916-227-3509. Note: information about type of firearm used in homicide is obtainable from Department of Justice data only. 11. State of California, Department of Health Services, Death Records, 1996. ~ I Related Sites II Site Man II En ESDaiiOl1 ~ ~ December. 1998 http://www.pcvp.orglpcvp/firearms/facts/cagun3.shtrnl 10/13/99 F acts Listing Page 1 of3- TbeBellCampaign~ F...d.m h.m G.. T...".,. Victim Resources Facts and Policies For the Media Chapter Information About The Bell Campaigg In the News What's Beine Done What You Can Do Home I Join I Search I Contact Us Facts Listing Search Criteria: keyword phrase 'California' 14 results returned. There were 21,985 shootings which either resulted in death or hospitalization in California during 1995 and 1996. . Men accounted for 87% of the deaths and 90% of the hospitalizations. . Youth aged 15 to 24 had much higher rates of gun injuries and death than all other age groups. . Most gun fatalities among Caucasians were suicides. The suicide rate among Caucasians was more than twice as high as the rate among African Americans, the group with the second-highest suicide rate. . The rate of assaultive gun injuries and deaths among African Americans was much higher than the rate for other groups. . Although the number of gun-related deaths was highest among whites (3,621), the rate offatal shootings of African Americans was much higher than that for any other group. . Gun-related death rates among different ethnic groups were as foIlows: o 34.6 per 100,000 population among African Americans; o 15.2 per 100,000 population among Latinos (classified in this study as Hispanic); o 10.6 per 100,000 population among Caucasians; o 6.2 per 100,000 population among Asians/Pacific Islanders. . The rates look a little different for non-fatal gun injuries resulting in hospitalizations: o 69.4 per 100,000 population among African Americans; o 28.9 per 100,000 population among Latinos (classified in this study as Hispanic); o 4.8 per 100,000 population among Caucasians; o 7.0 per 100,000 population among Asians/Pacific Islanders. Centers for Disease Control and Prevention. Firearm-associated deaths and hospitalizations--California, 1995-1996. Morbidity and Mortality Weekly Report, 48(23):485-488, 1999. bJlpJ/~.cdc.aov/ell.ojm.[1lV;J/preview/rnrnv,or!Jtml/mm (169) There were 2 1,985 shootings which either resulted in death or hospitalization in California during 1995 and 1996. 8,832 (40%) of these gunshot wounds resulted in death, and the other 13,153 (60%) gunshot injuries studied were non-fatal wounds resulting in hospitalization. http://www.beIlcampaign.org/iupdatelFacts.asp?keyword=Califorma 10/13/99 Facts Listing Page 2 00 . . Of the fatal gunshot wounds: o 55% were due to assaults (homicides); o 41% were due to self-inflicted injuries (suicides); and o 4% were due to unintentional injuries. . Of the non-fatal gunshot wounds resulting in hospitalization: o 80% were due to assaults; o 13% were due to unintentional injuries; o 7% were due to self-inflicted injuries. . Self-inflicted gunshot injuries were more likely to be fatal than other types of injuries: o 90% of self-inf1icted gunshot wounds were fatal, as compared with o 32% of gun-related assaults, and o 10% of unintentional shootings. Centers for Disease Control and Prevention. Firearm-associated deaths and hospitalizations--California, 1995-1996. Morbidity and Mortality Weekly Report, 48(23):485-488, 1999. http://www.cdc.gov/eoo/rnrnwr/oreview/mmwrhlmllmm (168) Most murders are committed with a gun, most often a handgun. In 1996: guns were used in 71.7% (1,835) of all California homicides (2,579); and 89% (1,633) of gun homicides involved handguns. Califomia Department of Justice, Criminal Justice Statistics Center. Willful Hornicide Crimes,1997: By Type of Weapon. (65) 669 young people ages 0-19 died as a result of guns in California in 1996. Of these: 520 were gun homicides; 107 were gun suicides; 35 were unintentional shootings; and 7 were of undetermined intent. Califomia Department of Health Services. Vital Statistics. Injury mortality data file. 1996. (68) On average, II people in California were killed with a gun every day in 1996. Califomia Department of Health Services. Vital Statistics. Injury mortality data file. 1996. (64) In 1996, guns were used in just over half (51 %) of all suicides in California. State of California, Department of Health Services. Death Records, 1996. (67) Guns are the leading cause of death for young people ages 1-19 in California. More young people die because of guns than from car crashes, AIDS, cancer, or other diseases. State of California, Department of Health Services. Death Records, 1996. (69) Most youth homicide victims are killed with a gun. Guns were used in 75% of all homicides among young people (ages 0-19) in California. State of Califomia, Department of Health Services. Death Records, 1996. (70) http://www. bellcampaign.org/iupdate/F acts.asp?keyword=California 10/13/99 F acts Listing Page 3 of3- ~._.- -~-- "'J-~' - '-' ..-.. f;,~ {;. ~J.~::lge:..~~~ ages 0-19 in California, while suffocation/hanging accounted for 32% of youth suicides. State of California, Department of Health Services. Death Records, 1996. (72) Of those murdered committed with a gun in California in 1997: 89% were by handguns; 6.2% were by rifles; 3.9% were by shotguns; and 9% were by other guns. Federal Bureau of Investigation. Crime in the United States, 1997, Uniform Crime Report. U. S. Department of Justice, November 22, 1998. (96) In 1997, handguns were used in 65% of all gun homicides among young people 0-19 in California. Willful homicide crimes, 1997: by type of weapon. Califomia Department of Justice. Computer generated data from Bonnie Collins, 916-227-3509. (71) In California, there were 4,088 gun-related deaths in 1996. Of these: 1,710 were suicide; 2,202 were homicidellegal intervention; 142 were unintentional; and 34 were of unknown intent. Centers for Disease Control (CDC), WONDER. Firearm Deaths. April 15, 1999. http://wonder.cdc.Qov/wonder/data/iniurv.shtml. (10) More Californians die from gun injuries than from car crashes. In 1996, there were 4,045 gun-related deaths and 4,022 motor-vehicle-related deaths. California is one of five states for which this is true. State of Califomia, Department of Health Services. Death Records, 1996. National Center for Health Statistics. Data from the National Vital Statistics System 1995 provided by Lois Fingerhut 1/7/98. The other states in which firearm deaths exceed motor vehicle crash deaths are: Maryland, Virginia, Louisiana, and Arizona (66) In California in 1997, 71 percent (1,835) of homicide victims were murdered with guns. Of these, 48 percent are Latino (884), 29 percent (530) are black and 15 percent are white (283). Criminal Justice Statistics Center. Willful Homicide Crime, 1997: Race/ethnic group and age of victim by type of weapon. Califomia Department of Justice. 1998. (94) - ---------.- Change Search Criteria. http://www.bellcampaign. org/iupdate/Facts.asp?keyword=Califomia 10/13/99 Facts Listing Page 1 of2 TbeBellCampafgn~ ~,..d...1t.m G.. T...,.. Home I Join I Search I Contact Us Victim Resources Facts Listing Search Criteria: keyword phrase 'junk guns' 1 result returned. Facts and Policies For the Media Chapter Information Below is a list of the 10 crime guns in the United States most frequently traced by the Bureau of Alcohol, Tobacco and Firearms (BATF) in 1994, in order of frequency (beginning with the most frequent). About The Bell Campaign In the News I. * Lorcin P25 .25-caliber pistol 2. * + Davis Industries P380 . 38-caliber pistol 3. * Raven Arms MP25 .25-caliber pistol 4. * + Lorcin L25 .25-caliber pistol 5. Mossburg 500 l2-gauge shotgun 6. * + Phoenix Arms Raven .25-caliber pistol 7. * Jennings 122 .22-caliber pistol 8. Ruger P89 9-millimeter pistol 9. Glock 17 9-millimeter pistol 10. * + # Bryco 38 .38-caliber pistol What's Beinl! Done What You Can Do Note that 9 of the 10 are pistols, a type of handgun. *Indicates guns manufactured in Southern California: 7 of the 10 were manufactured there. The names of the 7 guns all reflect the company names of the manufacturers, apart from the Jennings model which was manufactured by Bryco. These manufacturers routinely produce junk guns, which are small, poorly-made handguns. +Indicates guns that fail the federal safety standards applied to imported firearms. #Indicates guns specifically disapproved by Maryland's Handgun Roster Board in 1994. The Board was established to prohibit the sale and manufacture in Maryland of handguns judged not useful for law enforcement, self- protection, or legitimate sporting purposes. Board members include law enforcement personnel, a gun industry representative, at-large citizens, and an NRA member, in addition to one gun control advocate. Zawitz, M.W. Guns Used In Crime: Firearms, Crime, and Criminal Justice. U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics. Report # NCJ-148201. July 1995. *#+ For data regarding the names of Southem California manufacturers, federal standards, and the findings of Maryland's Handgun Roster http://www. bellcampaign.org/iupdate/Facts.asp?keyword=junk+guns 10/13/99 LjdS L,slIng rUt;\;':"\ll':" ....VQ1U. .....OU'G ."lIn'GIIIUU~. ........,. "III\::t VI I II 'G. I lie I IQII\,I\::tUII 'V,Q"OI.;J of Southern California. Sacramento, CA: Violence Prevention Research Program, 1994. http://www.oip.usdoi.Qov/bislabstractlQuic.htm#lop (124) Change Search Criteria. http://www. beUcampaign.orgliupdate/Facts.asp?keyword=junk+guns 10/13/99 '0 " '" ::J <: ... 0 ",c. '" '" - " "":;: "'- '" 0 - " .... - c. W'" >. 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"'a. m m 0'" ~N~ ~Z ~M ~;::~ E N ~ Z C M"'''' . ~.o.n ~ . a. ~ m m mo "''''~ ~Z ~'" s=;!~ E '" ~ N Z C ~"'''' . .o.o.n ~ . lI) "'a. m '" m '" '0 ~Z 0'" ~ """ ~ 0; '" '$.':2'!!. . OJ E M '" ~ oi '" ::J z '" ~ C "uj 0 c '" ~M C. W W '" ~ ~-:t.o OJ --'::I5:s; 10- ",0- <{Q:- m f-l.JO ~ Z om ""'"'' W OJ MN ~~~ C. E '" C", ~ M Of- z - ", ::1510 C MMO 0 . ..j..,j...j. :z: u ~ "A. m mM ~"'''' ~Z mM ~~~ E '" ~ M z 5l o",m go 1l:i1""i1fi ~ u , in e Mo. . m ~ m < ~Z :\l;\ ",m~ . OM'" " E 0 N~N . ~ of ~ z <; ~ , 5 ~ c 0 . ~ E " B ~ "c 0 ~ ~ 8._ c 8. 11 ~o ~ . ~ E . g . E ..: g ~u'l! ,~ ~~~ ;;; c ~::J o <J r z_ , SEP. -03' 99iFili 1228 0000'0000000000 A...mbly BUI No. 2!lS CHAPTER 247 An net to amend Section. 17tb .na 12071.1 of. .ml to acid Section 12071.410. the Pen.1 Code, rel.ting to fU'clIIT1l'. 'Apptowd by Govemor AulJu.TZ7. 1000. Filed witlt Secte[tuy OfSlllI. AUgl_130, 1999.1 LBOISLATIYllCOL-rlSEL'S P10l!8T All 295, Corbett. FirellrlllS: gun .how promotel'.. I!xl.tlng law provide.. with specified exceptions, that it is an offl!l1se to bring or posaess, among omer thing', a firearm wilhln any 'tnl' Or local pubUc bulldlng. This bill would, in adaition, provide an exeeptjon for gun. brought to gun .ho\ll., as 'peclfled. By ch.nging the definition of . crime. l!US bill would impose a SIllte-mandllled local program. Existlng Jew prohibits a person from promoting or otherwise orgWlizing a gun show or even t, as deflncd, unle&s (hat perslll'l po......, . valia certificate of eligibility. Bxisting law requires specified information tejlwing porticipanlll who will ,.n or lranllfer fucanns at a sun 5how to be provided to local law enforcement wilhin specified time limits. A violation of these provisions i. a mi.deme.nor. and renders a person ineligible for a ccrtificote oC eligibility for. period of ono yoar, as 'pecified. This bill would def",c a licen.e" gun .how promoter os . pernon I who ha. obtained a certificate of eligibility. and would require a licensed ~un show promoter 10 p~y IlIl annual fee of $85 tu !he Department of Justice. Thi, bill would require additional information I regwing pllrlicipnnts who will ,ell or trllll,fer tire"""s at a gun ,how to be provided 10 the Department of Ju~t.icc and local taw enforcement within other 'pec:ifiod time limits. Thi. bill would also provide thai failure by a firearms dealer to provide .pecifiel! inform.tion needed by the promoter, or failure by rhe pro.notcc to ,apply coTtain information, as .pecifled. would result tn the dealer baing prohibited from participating in the gun show or prohibit the gun show rrom cOIDmencins. re.pectively. Existing law scnerally rellula~ the tr""sfer or $Ille of firearm, 0' gun .bow.. This bill would,' (I) require conlnlelS between gun .how prodnce" and gun ,how vcndorn, (2) impose certain requirements upon vendor; in connc:ction wirh tho ..le and di.play oC flre=. .nd J' ammunition at a gun ,how, ... specified. (3) prohibi~ except for gun .how vendors, pc<1ce officers ond secarily porsonpet, my persan .t a gun sbow from simultan~oulily posscslIIing iUllmunition LUld Q. TEL:OOOOOOOOCO /1 d bJ--f) ovtcUJ 90 I P. 002 fit - '/ (ce SEP. -03 99(F'l1) 11'29 0000.0000000000 Ch. :147 -z- fireann, (4) requite lhe poo\U18 of 'p.c,lied notice' in reglll'll to enforcement of fmarms ,ales, (5) require each vendor to provide specilicd information regarding persons worIdng In the v""dor', di.pl.y area to be kept by the show prod.cor, (6) require all firellllM brought onlo the premises to be c:hecl<ed and tagged, as spectfied, (7) provide that no minor shall be admiUed lO, or be penniUed to remain al.., it gun show or event unless the minor i~ accompanied by Li~ minor's parenl, grandparent, or le.gal guardian at all times while .t the gUll show or event, and (a) provide the' a violation of rhos. provision' ,hall be an infraction or misdemeanor, 06 specified, thereby crealing a new crime and a state-mandated local pm&J"llll. The Californ;a Constilution requires lb. stot. to reimburse loclll llJ!encle.< and school districts For certain costs mandated by tbe Slate. Slarutory provisions eslll\)lish procedures for making that rejmburse)"f)ent. Thi, bill would provide that no reimbursement is required by this oot for a 'pecified reason. The people aftlte Stare of California do enact al follow" SECTION 1. Section 17lb of the Penal Code isamen~d to ....d: 171 b. (a) Any person who bdlljls or possesses wllhln sny SUIte or loc.1 public build.ing or at .ny meeting required 10 be open to the public pursuant to Chapter 9 (commencing with Section ~49~O) of Part I of Division 2 of Title 5 of. or Articlo 9 (commencing with Section 1112D) of Chapter I of Part J or Di_is;on 3 of TIlle 2 of. the Government Code. any of the fOllOWing is guilty of . public off.ns. punishable by imprisonm~nt in a cou:1ly jail rOf not more than one y~ar. or in lhe Slate priscn: (I) Any fIrearm. (2) Any deadly weapon described in Section 653k or 12020. (3) Any knife with . blade length in exc... DC four inch... the blade Df which is l1xcd or i. eapilble of being !ix~cf in an unguarded pOliition by the use of one or two hllJlds. (4) Any uoauthoriz:<! relit gas we.pon. (5) Any ta,er or swn ~un, 06 d.fined in Section 244.5. (6) Any inul\IrnCJII m'l ..pel. . melllllic proj.ctile. ",ch .s . BB or pellet. lhroullh the forte of .ir pressur.. C(h pr....re, or ,pring oct!on. or .ny spot marker gun or p.int sun. (h) S.bdivision (a) ,hilll nCtI .pply to, Or aifoct. sny of the [allowing: (I) ^ perSOll who po...."" wellpons in. or lsunspCtrt., w..pon, into, a courl of l:sw to be UJied U l!Vir;tcncc. (2) (Al A duly appointed peace oflierr .. defmed in Chapl... 4.5 (commencing witb Section 830) oC nile 3 of Part 2. . retired polICe officer with suthotimrion 10 clltr)' concealed weapon. os described in ",bdivlslon (.) oC Section 12027. . full-time p.id pence officer at TEL:OOOOOOOOOC P. OOj 90 I SEP -03 991nl) 12:29 0000100COOOOOOO -3- Ch. 247 aoother slate or the federal a:ovemment who is; carrying oul official duties while in Californi., or any person summoned by any of these officers to ilSsist in maldn& iUTCsts or preserving the peace while h~ or she is actuolly eng.sect in ussisring the officer. (B) Notwilh6tanding ,ubparagraph (A). subdivision (a) shall "l'P1y to any person who brings or po"."e. any weapon specified lhe:rein wilhin IU1Y courtroom if he or she is il pill1y to all iiction pending before the court. (3) A person holdine 0 valid license to carry ,he firemn pIlIl<Uil11t '0 Article 3 (commencing with Section 12050) of Chapter 1 of Till. 2 of Pm 4. (4) A person who bas permission to po"... lhat weapen granted in writing by 0 doly authorized ofi"JCi.1 who is in chotge uf the ,ecurity of the SlIllC or local gOl'Unmenl bUilrllng. (S) A person who [.wwlly resides in. lawfully own,. or is in l.wful pcssession of. m.t buUding wllh respect to tho,e portions of me building th.t Me not owned or leased by the Slnto or local govemmenl. (6) A pe:rson licensed or register~d in ~cordance with. end ;;cting within the course and scope of. Chzpter tU (commencing with Section 7512) or Ch.plJOr 1l.6 (commcncir.g with Section 7590) of Division 3 of the Business and Professions Cade "hn has becn hired by lhe Owner or manogtr of the b"ilding if the person has ponniSRion I"'tsUllnt to pl\fll!7llph (5). (7) (A) A person who. for the purpose of .ale or traae. brings .ny weapon that may otherwise be lawfully tl1losfelTed. into . gun show conducted pursu""t to SecLions 12071,1 and 12071.4. (II) A per,on who. for purposes of an authorized public cxnibilion, brings .ny weapon that m.y otherwise be lowfully possessed, into a ~un show conducted pUf5ucntlo Sections 12071.1 i\1ld 12071.4. (c) As used in tlJj. section, "Iilate or loc.l public building" meons . buildini th.t m= .11 of the foUowin!; ,ritcria: (1) It i.s a building or part of . building owned or leased by the sUite or 10c.1 governmcn~ If ,uue or local public employee, tll'C rc:llUillf1y pre.ent for the purpose, of perfonning their official duLi... A state Or loc.1 public buildini include.. but is nOt limited to. . bui1din~ tI1.t i:Onl8in~ a coufUoom. (2) It is no! a bUIlding or facIlilY. or a pnrt thereof, that i. referred to In Section 171c. 171d. 626.9. 626.95. or 626.10 of till. code, or in Section I aS44 of the Election" Cade. (3) Jt is . building not regularly used. and not inlended to be u,ed, by 'tate Of local employee, .., . place oC ....idence. SEC.2. Section 1207J.l of the Penal Code is .mended to rcud: 12071. \. (.) No pe"oll shan produce. promote. 'pcn.or. opera,o, or otherwise orgiUllze 11 gun .sh()w or evcfll, as specified. in subparagrapll (B) Of paragraph (l) of subdivisian (b) of Socdon 12071. unless thai pcrson possc""" a "alid certificatc of chgibilily TEL:OQOOOOOOOO P. 004 00 I SEP -03' 9?iFRII 1230 OOOOIOOOODCOOOO Ch. 241 -4- from iIIe Department of Justice. Unle" :he aepartmenL', records indicate thot Lhe applicant is a person prohibited from possessing rltelllln" . certificate of eligibility .hall be !<sUed by Lhe Oeporlment of Iusili:e to ll1l applicll1ll provided :he applicllJll doe. all of the folie wing: (l) Certifie, that he or she is fomiliar with the provilions of this section andSecLion 120714. (2) Ensure.; that liability insurotloe i, in effect for lbe d'~ration of .'lJJ event or show in Iln lUTlount of not Jes& thlUl one million dollars ($1,000,000). (3) Provid"" on "nnual list of the gun ,hows or evenlb that the npplicilllL plan' to promote, produce. ''l'on.or. operate, or othorwise organize during :.he year for which !.he ccrtificale of eligibility is iSAued, including the dote, limo. "ml location cf Iho gun shows or events. (b) It during that year :he informotion required by por"graph (3) of subdivision (a) changes. Or additional gun shows or event5 wiH be promoted. produced, sponsored, operoted, Dr otherwi'" orglUlized by ille applicant. the producer .han notify the nepamllent of Justice no lalu lhan 30 days prior Ul (he gun show or evenL (c) Ai used in this section. a "lice~sed g1l1l ,how producer" me,"", . flCl"on who has been iiiucd a certlticnte of eligibility by the Depnrtmeflt of J~stice pursuant to subdivision (n). No rcgulntions .hllll be required to implement ulls subdivision. (d) The O.pllltment of Justice ,hall aLlopt regulations to admlnisleZ the cenlflcate of eligibility program under this secdon and sh.Il recover the full costs of .dministering the progrllffi by fees as.essed appUCnlllS who apply for certificates. A licensed Bun <how producer ,hall be ......ed an annual fee of .ighty-fiv. doliars ($B5) by the depllJ'tmenL (e) (1) A willful failure by a gun show produc.r to comply with any of the requirement!l of Lhi. section. e~cepl for the pO'iting of requited signs, shaJl be a misdemennor pllnishable by !l fint: not to exceed two thousaad dollars ($2.000). and sholl render the producer int11igibJo for a gun show prodpcer license for one )'ear from the date Df th~ :onviction (2) The willful failure of . gun show produCd to pOst ,ign' "" required by this section sholl be a misdemc:llllor punishable by a fine oct to exceed one thousand doll"" ($1,000) for the first offense and nol to exceed two thousand doll..., ($2,000) for the second or Fi'.Jbiequent offense. and with res.pect to die second. or subsequent o{fense. .,hol1 render the producer ineligible for 0 gun ,how producer licens. for one year from the dale of the conviction. (3) Mu'~ple viol"tio", charged p"l'>'uant Lo piU'allT'1lph (1) orisin, ((()m morC!: ~han CPe' glJn !d1ow or event !>hal1 be ground>; for suspension of a produttr'3 certificate of diglbilily pend-in!;: ndJt1dicntlon of tbe violations. TEL:OOOODOOOOO P. 005 'Xl ,- I , SEP. -03' 99(nl) 123, 0000'0000000000 -5- Ch. 247 (0 Prior to the COmmencement 01 a gun .how or even~ the producer thereof ,hall. upon written reqllll8l, within 48 hOUfS, or a laler time specified by the requesting low enforcemenl agency, make available to the requesting l;;iw enforcement agency with juriadiction over the facHily. a complete and :\Ccur"'e lIst of all person., enuties. .nd organizati01ls tl1at have ICAsed or rented. or <Ire known 10 the producer to intend to lease or ren~ .ny table, display space, or are. 01 the gun ,how Or event for the pnTjlo.e of selling. lensing, or Irllll5femng firearms. The producer shoJI thereafter, ~pon wrillen "'qu.,t. for every d~y the gun show or event operates, WithiD 24 hoUfi, or a later time 'p"cifuld by the roqul!I;ting law enforcement .gency, make available to Ule reqllCSting law enforcemen1 agt:l1cy with jurisdiction over the fl\l:ility. an accurate, cOlnpJete, And current li'l of the persons, entitie., one:! orJ:llniwion. thaI have leased or rented, or 8m known 10 the producer 10 Intend to lene or rent, any table, display lpace, or area 01 the gun .how or evont for the pU'J'O'e of selIin~. leasing, or transferring firearms. This subdivision applies 10 persons, ""tities, "ml .ri.niz.tio"s whether or not they potticipate in the enUre gun ,how or event, or only. portion lhereof. (g) The Infonnatlon that may be reque51ed by U1. law e,uorcement ogency with jurisdiction over the facililY, and \hot ,hall be provided by the producer upon reque&!. may inelude, but is not limited to, the fellowing inCorm.lion relalive to a vendor wbo offers for sale firearms manumclured after December 31, 1898: his or her comple~e nnme, and {1 driver's license or iocntificatlon card number. (h) The producer and facJllty man.ger shall prepare an llMUoJ event and securilY plan ond schc<lule Iha' s~.n include, at 0 minimum. the followinG: (I) The type of sbows or events including, but not 1imiled 10, antique or general fircil..'TIS. (2) The estimated number of ,"'on don: offering fireannfi for sale Or' dLipl.y. (3) The estimated numbet of'lIendees. (4) The llumber of entrances and exits ac the gun lihow OT event stile. (5) The location, dates, llIld times of the shows or events. (6) The contacl per,on and telephone number for both Ihe produce.,: and the ro1Cility. (7) Tbe number ei 'worn peaco omco", employed by Ibe producer or the facilities mMager who will be pre...t .1 ti,e show or event. (8) The number of no.'worn .ecurity peroonnel employed by tho producer or the facitity's manager who will be present at the Ihow or even t. TEL:OOOODOOOOO ? 006 90 ,- SEP -03' 911Fxl) 12;31 DCODIO~OOOOODOD Ch. 247 -6- (i) Tbe annual event and security plar .b.lI be ,ubmitted by either the producer or the tacility's lllBllager to tlJ. Deparllllent of Justice and the law cnforcemellt agency with jurisdicUon over the facility. Not later than 15 days prior to the commencement of the gun .how or even~ the producer ,hall submit to the depllt'tmen~ the law enforcoment agency with jurisdiction over 111, rociUty site, llIld the facility's manager . revised e~enl and ,ccurity pl.n if .iiJlilicnnt chStlse! have been. made since the annual plM was !lIubmiucd. includillg a revised list of vendors that the producer know., Or rea.<onably ,hould know, will be renling tabl.." 'pace, or otherwise participating in lbe gun show or event. The event and SCClJriLy plan shall be npproved by the facility's manager prior to the event or show after consultatioa with the lnw onforcemont agoncy with jurisdiction over tbe facility. Nu gun sbow or event shilll commence unless the requirements of this subdivision are met. (j) The producer shoJI he. responsible for infonning prospective gun show vendors of lhe requiremonts of this s"Lion ond oC Section 12071A that apply to vendors. (k) The producer shall, within seven calendar days of the c.omm~ncemcnt of the show or evenl, bot not latl:!f Lhiln nDon on Friday fot a show or ovent beld on a weekend, submil a list of all prospective vendors and dcsiiJllllCd fu'O.nn. tr.nsfer .~ents who a..e Iicen.ed firearms dealers to the Department of IUltice for tile pU'l'.se of dclcl1llining wnether tn..o prospective vendor> .nd designated fIrearms transter .gents po..... valid licenses Md are thus eligible to participate .. licen.ed dealer. 01 the show or even~ The department shall examine its records and if 1t detennines that a dClller's license i. not valid. it sball nOlify the "how or event producer of thaI facl prior 10 the commencement of the show or evcnl. (I) If . licensed firearms dcoler fail, to cooper. Ie with . producer or fails to comply w11h the apptlcable requirement.< of thl< section or Section 12071.4, that person ,holl not be .1I0wed Iu portio;p.te in Ihat show or e\'enl. (m) If a producer faih to comply with subdivision (j) Or (k), tOO ,glJD show or event ShDIJ not commence until those requirements nee met. (n) All prodocers shall have wri lten contrac!> with all gun .how vendors ~lling fueamu: >>.t the liihow Or evcmt. (0) The producer shall require that signs be po"ed in a readily visible locMion at eacl1 public entrance to the show collUtinillS, but nOllimited to, the following noliee", (I) This gun ,how follow. i111 federal, SI$!, and local fir.anns and weapomi liiw! without exception. (2) All firearms carried Onto public will be checked, cleared mtUmer !hat prevents them the pmmj.., by members of the of any nmmunltion, scc\Jred in II from being operated, "nd an TEL:ODDODOOOOO o ODi 00 i ! SEP -03 991FRII [232 000J'00000000CO -7- Ch. 247 identificotion t.~ or sticker will be attached to the fire.!'TTl prior to the polSon boing allowed adminance to tile show. (3) No member of Ibe public under the .ie of 18 ye.,s shall b. ndmJued to the show unl... accompanied by a parel1~ Sllllldparel1(. or legal gulll'dian. (4) All flrearm. ttansfeti berween private panios .' Ihe show sboll be cond.cted through a licensed dealer in <It:cordance with applicable <tate and federoll.ws. (5) Person. possessing firearm. on this racility mu.~t have in their immediare pOiSess!on government-Issued pIloro identification, .nd display it upon request to all)' s~vrity officer or any peace om,cr. Wi ddined in Section 830. (p) The sbow predueer shall pOS!, in . readily visible loolllion at each entrImce to the parkini\ lot at the sbow, sign age lb., stat..: "The tsansfer of firolll'TTls on tho p...king 101 of tllis facility i. a crime." (q) 11 i. ilIe inlent of the Legi6larun: that the certifICate of eligibility prog",m e'tnbli.hod pu"."", to this sectiol1 be incorp=ed into the certilicnte or eligibihly prugram ..labUshed pIll'llu.nt to Section 12071 to tbe maximum extent p,"cticable. SEC. 3. Section 12()7 1.4 is iU!ded to the Penal Code, to rend: 12071.4. (a) This !leCtion shall be known, and m.y be cited os, tho Gun Show Enforeement and Security Act of 2000. (b) All gun <how Or event vendor> ,hill emify in writing to tne prado<er thot tney: (1) Will not display, possess. or offer for s.le any lITem!!>, \<nive', or "'eapons for which possession or sale is prohibited. (2) Acknowledge tbat they are responsible for knowing anti complying with .11 applicable federul, stote, and loclll law. deaJing with the po~.!;ession and transfer of flrearms. (3) Will not engnge in octivities that incil-c or ~ncourage hate crimes. (4) Will process .n lr.U1Sfers of fireann' througn licensed fife""", dOlllers as required by state 1.'.\1. (5) Will verify Illat :Ill firoarms m their pas...,ien at the ,bow or event will be unJoad<d, and that Ille IUcann.s will be ,ecured in " mlU1llOr thot prevent' them from being opertl&l except for brier periods when the mechanical condilion of e firclll1l1 i, beins demonstrated to 0 prospective buyer. (6) H~ve complied with the teljuirements of subdivision (e). (7) Will not c1isplny or poss... block powd.r. or offer it for sale. (c) All fireorms tran,fers at the gun show Or evenl .hull be in .ccordon<e with applic.ble state and fedetall.ws. (<I) Except for pUlpe'es of ,howin~ ammunition [0 a prospective buyer. ammunition aL ~ gun show or event may be displayed only in closed. origjnwI foctoty boxes or other closed containers. (~) Prior to the commencement of Q sun show Or event. each vC1'lclor snail provide to the pr<Xiucer .11 of the follow ins information TEL:OOCOOOOOOO ? 008 !Xl C" SEP -0j' 99\F\1' 12:::2 U I.' U!)' 1):)0 U UI) I)i)G I) Ch. 247 -8- relative to the vendor, the vendor's employee5. and other personlli, r;ompensw.led or not. who will be working or otherwise pJoviding services to the public "I tho vender', display space if firoarms mIll1.faewred after December 31,1898, will bo o/forO<! fot .ale; (I) His or hor complete nume. (2) HIs or he, driver', lice"'e or sUlte-i".ed identification cml numbe,. (3) HI' Of her data of birth. The prod~= shall keep the inColl11Ollion At the show's Or event's on,ite headqullflers fo, the dun,tion or lbe shew or event. and aI the producer's re:ulAl' pi""" of business fer two weeks ,fter the conclusion of the show or ev~nt, iUld shall make lhe infonnation .vailllble upon request to any sworn pOlIce ollicer for purposes of the offlcer', official law enforcement dudes. (I) Vendorll And employees of vemlors .hall we... name tags indicating fi"t and IllSt nome. (KJ No per,on 0[ a g~n show or evcn~ other than security personnel Or swOrn pesce officers. shaJl poiSe" at the same time both A firearm ond ammunition thill is d..,igned to be fired in the firearm. Ven<lol'll having those item, al the show for ,ale or exhibition are exempt Crom thi, prohibition. (h) No member oC the public who is under the ago or IS )e8IS shall be admitted lOI or be petmitled to remain !Ii, .tl gun show or event nnles, accompanied by a parent or le~a1 ~u.,dian. Any membcr of the public who i. undor the age of 18 ,haJl be ",oompanied by hi, or her parent, grandparent, or lCiil! ;uardian while a!. ~ gnaw or ev6nl (i) Persons other than show ar event securjt)' personnel. sworn pesce officors, or vendDrs, who bring rrreorms OntO the gun show or event premises ,hall .i~ in ink the ta8 or .ticker thot i. otlOChod to the rtrelU'm prior 10 boing allowed admittance to the show or evenl, as provided for in subdivisIon (j). (j) All fireD.m1s camed onto the premilies of il gun show or event by members of the pubUc shall be checked, cleared of MY ammlJnition. secured. in a manner that prevenuo lhem from being opcr;:ued, and ilIl identification Ull; or .sticker shall be attached 10 the rlfearm, prior to the perr;on being allowed admirumte to the ~how. The identification lAg or sticker shall stale that All fire.ums ~ansfer' between p!"iv8te parties at the show or event shi111 be conducted through . licensed dealer in ocoor<illnce widl applicable state and federal law.. The person pa._sing the lirr:ntm sboll complete the following information 011 the lag bofore it i. alUlched to U,e fuellm1: (1) The gun owner's Si~.l1lf.. (2) The gun owner'. printod name. (3) The identification num!:.or from the gun owner', government-issued photo identificatiOn. HL: UOljUUlIUUldJ r. UU; 00 SEP.-0399IFRli 1233 ,r 0000-0000000000 -9- Ch. 241 (lc) All persons pos,...inC firel\fll'lll at tbe gun show or event ,hall have in hia Or her immediate po.....ion. gov.rnmcnt-i"ued pboto identirlCudon, and display it upon request. (0 .1IY security officer. or tuly p..... officer. (l) Unle.. otherwise specified, . fir" violalion oC ,his section is sn infraotion. Any second or subsequen( violation is . misdemeanor. Any per.lOn who commits an act whlch he or she knows to b. . violation of (hi. section is guilty of 0 miwemellllor for, first offen..... SEC. 4. No reimbursement is required by this nel pur""ant to Seetion 6 oC ArtIcle xm B of the California Cons(ilulion beenu~ the only co.sts that may be incurred by . local agency or scbool di,trict will be incurred becau.. thIs act oreill.s . nOW crime or i.fraction, eliminlllcs . crime or infraction. or ch;lnges tile penalty For n crime ar inl'nclion, wilhirl Ibe mea.,ing oC Section 17556 of the Government Code, or chllnge. the definition oC . crime within the meoning of Section 6 of Article xm B of the California Con.litution. o TEL.OOOOOOOOOO P. or c 90 \' ,~"rJI~liJ L~ ') VV ~ r15iY \rJ l '-x~ ( ~ <t7' v~ \< Ch. 246 ~2 This bill would authorize the Attorney General to recall any gun safe or f"earms safety devIce. sold in this state after January ], 2002, that does not conform to speCIfIed proVISIOns of the act, as specified. . 11us bill would reqUire each lead law enforcement agency Investlgatmg an mcuJent to report specified information to the State Department of Health Services in connection - with unintentional gunshot wounds sustained by children after the effective date of the act. This bill would provide that any violation of specified provisions of tbe act would be pUnishable by a fine of $1,000. A second violation of those provisions would be punishablc by a fine of $1,000 and would render a licensed manufacturer, or a licensed California deal~r ineligible to manufacture or sell firearms for 30 days in this state. A Ihlrd violation of those provisions would render a licensed manufacturer, or a licensed California dealer permanently ineligible to manufacture, or sell firearms in this state. By creating a new crime, this biB would impose a state-mandated local program. This. hi!). would declare that the act docs not relieve any' person from hablhty to any other person as may be imposed pursuant to common bw, statutory law, or local ordinance. This bill would declare that the act does not apply to the commerce of certam fireanns, as specified. . lnc bill would authorize the Department of Justice to require a flfca.nn dealer to ch<irge a firearm purchaser. or transferee as speCIfied, a fee not to exceed one dollar for each firearm transaction. The fce would be for the purpose of supporting various department program costs related to the act, as specified. The fecs would be deposited IOto a special account created by this bill, tp be available upon appropriation for purposes of the program. Th~ California Constitution requires the state to r~imburse local agencJcs and school district'i for certain costs mandated by the state~ St~tutory provisions est3blish procedures for making that reimbursement. lnis bill would provide that no reimbursement is required by this act [or a specified reason. l11e people of the Slate of California do enact as follows: SECTION I. Article 4.5 (commencing with Section ]2087) IS added to Chapter I of Title 2 of Part 4 of the Penal Code, to read: Article 4.5. Firearms Safety Devices 12087. '!11is article shall he known and may be cited as the '\'\roocr,Seott,Haydcn Firearms Safety Act of ] 999." ]20~7.5. 'nlC Legislature makes the following finuings: 91 (a) ]n the years ]987 States under the age of 1996 alone; 138 'childrer more than 1] children were shot or killed uninte (b) The United State of children and youth I A ] 997 study from thl Prevention reveals that children under the age I times higher than in 25 ot (e) While the numbel unacceptable toll on I number are treated in -1 nonfatal unintentional gu . (d) A study of uninl California found that involve handguns. (e) A study in the Pediatric and Adolesccn three years old are stror handguns. The study re olds and 70 percent 01 strength to fIre 59 (9 handguns referenced in tl (f) The Government study, '\'\ccidental Shoo Firearms Cou]~ be ] accidental deaths caus< addition of two safety automatieally engages a is loaded. According tc firearms, related fatalitie 1988 and ]989, eight I firearm been equipped percent represents insta unintentionally shot and I (g) Currently, fIrearm United Stated that are nc (h) A 1997 public op Researeh Center at the Johns Hopkins Center percent of Americans industry . (i) Some currently. devices arc inadequate Ch. 246 -4- firearms to which they are attached, or to prevent children from gaining access to the firearm. 12088. Effective January 1,2001: (a) The Department of Justice shall certify laboratories to verify compliance with standards for firearms safety devices set forth in Section 12088.2. (b) The Department of 'lustiee may charge any laboratory that is seeking certification to test firearms safety devices a fee not excce-ding the costs of certification, including costs associated with the dcvelopment and approval of regulations and standards pursuant to Section 12088.2. ' (c) The certificd laboratory shall, at the manufacturer's or dealer's expense, test the fireanns safety device and submit a copy of the final test report directly to the Department of Justice along with the firearms safety device. 'The department shall notify the manufacturer or dealer of its receipt of the final test report and the department's uetermination ~as to whether the firearms safety device tested may be sold in this stale. (d) On and after July I, 2001, the Department of Justice shall compile, publish, and thereafter maintain a roster listing all of the safety devices that have been tested by a certified testing laboratory, have heen detennined to Illeet the department's standards for firearms safety devices and may be 50\d in this state. (c) The roster ,shall list, for each firearms safety device, the manufacturer, model number, and model name. 12088.1. Effective January 1,2002: (a) All firearms sold or transferred in this state by a licensed firearms dealer, inpluding private transfers through a dealer, and all firearms manufactured in this state, shall include or be accompanied by a firearms safety device that is listed on the Department of Justice's rosler of approved firearms safety devices. (b) All firearms sold or transferred in this state by a licensed firearms dealer, including private transfers through a dealer, arid all firearms manufactured in this state shall be accompanied with warning language or labels as described in Section 12088.3. (c) The sale or transfer of a firearm shall be exempt from subdivision (a) if both of the following apply: . (I) The purchaser or transferee owns a gun safe that meets the standards set forth in Section 12088.2. Gun sales shall not be required to be tested. and tberefore may meet the standards without appearing on the Department of Justice roster. (2) lllC purchaser or transferee presents an original receipt for purchase of the gun safe, or other proof of purchase or ownership of the gun safe as authorized by the Attorney General, to the fIrearms dealer. The dealer shaH maintain a copy of this receipt or proof of purchase with the dealers' record of sales of firearms. . . (d) The sale or tran: subdivision (a) if all of the (I) The purchaser or device no more than 31 transferee takes possessiO! (2) The' purchaser or device to the flIearms deal (3) The purchaser or ! flIearms dealer which she model number of the safe! (4) The firearms deal (3), inclusive, have been s; (5) The firearms. deal< the dealers' record of sale 12088.2. (a) No later shall commence devel minimum safety standar to significantly reduce tl 17 years of age and YOl following: . (1) Address the risk of (2) Address the risk by unauthorized users. (3) Include provision: and gun safes are reuSil to prevent children. am and to ensure that thes' firearm or that the rlIe safe except by an auth other method of access il (4) Include additional (b) The Attorney ( guidance in developm{ those described in Title of Federal Regulatior standards. These proto for potential methods serve as guidance 01 appropriate considerat detachable, but are pe design of a firearm. regulations implementi 2001. The Attorney G, standards by January January 1,2002. 12088.3. (a) The p materials that a<;comp< 91 pleadings in ordinance-related litigation. LCAV provides copies of these materials to local officials upon request. B. 1997 - ANOTHER EXTRAORDINARY YEAR During 1997, California cities and counties continued their historic adoption of innovative local ordinances to reduce gun violence. This grassroots movement has swept across the state, mobilizing a diverse coalition of elected officials, law enforcement officers, health care professionals, religious leaders, educators and community activists, united by the belief that communities can and must act to stem our nation's epidemic of gun violence. The City of West Hollywood became a pioneer in this movement in 1996, when it adopted the first ordinance to ban the sale of poorly made, easily concealable handguns known as "Saturday' Night Specials" or "junk guns." By April of 1998, nearly 40 other localities had followed in West Hollywood's footsteps 1 California cities and counties have also adopted a variety of other violence- prevention ordinances, including those regulating firearms dealers, requiring records of ammunition sales and prohibiting the sale of firearms at gun shows. Since 1996, LCA V and the Campaign to Prevent Handgun Violence Against Kids have conducted an annual survey of California cities and counties to determine the type and number of firearms and ammunition regulations enacted statewide. Each year the numbers have grown steadily, as local leaders have become increasingly determined to reduce gun violence in their communities. One of the most widely adopted ordinances requires firearms dealers (holders of federal firearms licenses) to obtain a local license. Typically, these ordinances provide that such a license will only be issued upon proof that the dealer has liability insurance, stores firearms safely and does not operate in a residential neighborhood or in close proximity to other sensitive areas, such as schools, playgrounds, liquor stores or other 1 As of April 1, 1998, the following cities and countIes had banned the sale of junk guns: Alameda, Alameda County, Albany, Belmont, Berkeley, Compton, Contra Costa County, Daly City, EI Cerrito, Emeryville, Fremont, Half Moon Bay, Hayward, Huntington Park, Inglewood, Livermore, Los Angeles, Monterey Park, Oakland, Piedmont, Pinole, Pomona, Richmond, Sacramento, San Carlos, San Francisco, San Jose, San Leandro, San Mateo, San Mateo County, San Pablo, Santa Cruz, Santa Cruz County, Santa Monica, Union City, Walnut Creek, West Cavina, and West Hollywood 4 proximity to other sensitive areas, such as schools, playgrounds, liquor stores or other firearms dealers. Some ordinances also require employee background checks (to determine whether the prospective employee has a criminal record or history of mental illness) and the sale of a trigger lock or other disabling device with each firearm. In 1995, Contra Costa County became one of the first localities to adopt an ordinance prohibiting residential firearms dealers. The County approached the issue of gun violence from the public health perspective, with the Health Services Department taking the lead. In March of 1995, that Department published Taking Aim at Gun Dealers. Contra Costa's Public Health Approach to Reducing Firearms in the Community That publication noted that in June 1994 the County had 700 firearms dealers, the overwhelming majority of which operated in residential areas. As of February 1998, however, after the County and several of its cities had passed dealer ordinances, records from the Bureau of Alcohol, Tobacco and Firearms ("ATF") indicated that the number of dealers had fallen to 135 countywide.2 The County's study showed further that the City of Richmond had 37 firearms dealers in December of 1994, 36 of which operated in residential neighborhoods. Richmond adopted a dealer ordinance in 1995. As of February 1998, A TF records indicated that the number of dealers in the City had fallen to 0.3 The courageous efforts of local leaders and coalition members across the state have brought enormous strides in gun violence prevention that would have been impossible even a few years ago. Significantly, this local movement has also served as a catalyst for state legislation. During 1997, for example, the California Legislature passed historic bills to ban the manufacture and sale of junk guns in this state and require the sale of trigger locks with all firearms. Unfortunately, Governor Wilson vetoed both of these bills. Several other important firearm-related bills were, however, signed into law (see discussion infra at p. 12). The momentum set in action by local leaders has not been lost at the state or local level. 2 February 17, 1998, interview with ATF Public Information Officer Dennis Anderson 3./d. ThiS significant reduction in the number of firearms dealers can also be attributed to passage of the Brady Law. which increased dealer fees from $30 to $200 for a three-year period. and the Crime Bill of 1994. which required applicants to certify that the prospective business is not prohibited by state or local law. See 18 U.S.C. S 923 et seq 5 This publication is intended for use with LCAV's Local Ordinance Manual and 1997 Supplement. Chapter II provides a discussion of recent developments in federal and state law Chapter III provides an update of the five lawsuits challenging local violence-prevention measures, including the landmark Court of Appeal decision upholding a dealer ordinance adopted by the City of Lafayette. Chapter IV discusses several new types of ordinances currently being considered by California cities and counties, together with non-legislative approaches to reducing gun violence. Finally, in light of the numerous requests LCAV and the City of West Hollywood have received for copies of the City's ordinance banning the sale of Saturday Night Specials, Chapter V of the Supplement provides a copy of that ordinance. 6 - CHAPTER II DEVELOPMENTS IN FEDERAL AND STATE LAW A. FEDERAL FIREARMS POLICIES l. u.s. Supreme Court Review of the Brady Act On June 27, 1997, the United States Supreme Court decided Printz v. United States, _ US _, 117 S.Ct. 2365, 138 LEd2d 914 (1997), a constitutional challenge to the interim provisions of the Brady Handgun Violence Prevention Act. 18 US.CA S922(s)(1) et seq The Brady Act requires the Attorney General to establish a national instant background check system for prospective handgun purchasers by November 30, 1998. In the interim, the Act requires local chief law enforcement officers ("CLEOs") to conduct such background checks in states without comparable background check systems. The Act also imposes a five-day waiting period before firearms sales may be completed, but allows states to impose longer waiting periods if they choose. In Printz. CLEOs from Montana and Arizona argued that the interim provisions of the Brady Act violated Tenth Amendment principles of state sovereignty. The Ninth Circuit rejected this argument, holding that the temporary duties imposed upon CLEOs by the Act did not significantly interfere with state functions. 66 F.3d 1025 (9th Cir. 1995) (See 1997 Supp., pp. 4-5.) The U S Supreme Court reversed the Ninth Circuit, holding, in a 5-to-4 decision, that the Act's mandatory background check provisions imposed unconstitutional obligations on state officers to administer a federal regulatory program. The majority opinion stated We held in New York [v. United States, 505 US 144, 112 S.Ct. 2408, 120 L.Ed. 2d 120 (1992)] that Congress cannot compel the States to enact or enforce a federal regulatory program Today we hold that Congress cannot circumvent that prohibition by conscripting the State's officers directly The Federal Government may neither issue directives requiring the States to address 7 particular problems, nor command the State's officers, or those of their political subdivisions, to administer or enforce a federal regulatory program. Printz, 117 S.Ct. at 2384. The Court declined to consider the constitutionality of the S-day waiting period, finding that the CLEOs had no standing to raise the issue. In a concurring opinion, Justice O'Connor observed that notwithstanding the Court's decision, state and local law enforcement officers remain free to voluntarily perform background checks until the interim program expires on November 30, 1998. That opinion also notes that Congress could amend the program to provide for its continuation on a contractual basis with the states, as it does with several other federal programs (e.g., that conditioning states' receipt of federal funds for highway safety programs on compliance with federal requirements). Justices Stevens, Souter, Ginsberg and Breyer dissented. Printz does not affect California or the 27 other states that currently have laws requiring background checks4 In California, handgun purchasers must still wait 10 days and undergo a background check by the Department of Justice. Penal Code S 12072. In the 22 remaining states, purchasers remain subject to a waiting period of up to 5 days. In the overwhelming majority of these states, CLEOs are voluntarily continuing to perform background checks of prospective handgun purchasers. According to the U.S. Department of Justice, each month since the Brady Act went into effect, background checks have blocked handgun purchases by an estimated 6,600 convicted felons and other prohibited purchaserss Between February 28, 1994 and February 28, 1998, therefore, background checks have prevented approximately 300,000 illegal handgun purchases 2. Importation of Assault Weapons In November of 1997, President Clinton issued an Executive Order blocking the importation of thousands of military-style semiautomatic assault weapons, including the 4 u.s. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics Bulletin (February 1997). Sid 8 Uzi American and Galil Sporter. This action was taken at the urging of Senator Dianne Feinstein and 29 other senators who learned that A TF had improperly granted import permits for the weapons. The 1968 Gun Control Act only allows importation of firearms that are "suitable for, or readily adapted to, sporting purposes." 18 l}.S.C. ~ 925 (d)(3). In 1989, President Bush banned the importation of more than 40 military-style assault weapons that failed to meet the "sporting purposes" test. Moreover, in 1994, Congress banned the importation, as well as the future manufacture and sale, of 19 types of assault weapons with military characteristics. Several foreign and domestic manufacturers, however, have made minor modifications to their assault weapons in order to circumvent these laws. At the time of President Clinton's importation freeze, ATF had already granted import permits for nearly 600,000 assault weapons and permits were pending for one million more. The President's order halted importation of the disputed weapons for 120 days so that the Treasury Department, which oversees A TF, would have an opportunity to review the legality of the permits. On April 6, 1998, President Clinton announced that the Treasury Department had determined that the 58 types of assault weapons subject to the freeze could not be classified as "sporting" weapons and could not, therefore, be legally imported under the 1968 Gun Control Act. Weapons importers have vowed to go to Congress and/or to the courts to have the decision overturned. 3. Gun Manufacturers' Voluntary Trigger Lock Agreement In October of 1997, President Clinton announced that eight major firearms manufacturers had voluntarily agreed to equip their handguns with child-proof trigger locks or similar safety devices by the end of 1998. Trigger locks are designed to fit over the trigger guard or hammer of a firearm to prevent unintended discharge. The manufacturers participating in this historic agreement produce 80 percent of all American-ma'de handguns Although Senator Barbara Boxer has asked California's "junk gun" manufacturers to sign onto the agreement, to date they have declined to do so. As discussed below, in 1997 Governor Wilson vetoed legislation that would have required firearms dealers in this state to sell trigger locks with all firearms. 9 B. STATE FIREARMS POLICIES 1. Legislative Update a. Governor Wilson Vetoes Statewide Junk Gun Ban During 1997, the California Legislature passed Senate Bill (S.B.) 500, a historic bill to ban the manufacture and sale of Saturday Night Specials. S.B. 500's author, Senator Richard Polanco, has credited the dozens of local ordinances banning the sale of junk guns with providing the critical impetus to passage of the state legislation. The Legislature passed S.B. 500 after considering evidence regarding the significant dangers of these poorly made weapons, which are unreliable for purposes of self-defense and favored by criminals because of their concealability and low price.6 The bill would have applied the same safety and size standards to handguns manufactured in this state as those applied by the federal government to imported handguns since 1968. Because a handful of Southern California manufacturers produce an estimated 80 percent of all Saturday Night Specials sold in this country, S.B. 500 could have had nationwide impacU On September 26, 1997, Governor Wilson vetoed S.B. 500, despite the support of numerous law enforcement groups, including the California Police Chiefs Association, and the existence of overwhelming public support for the legislation. In his veto message, Governor Wilson summarily dismissed consumer protection concerns, stating that "rather than protecting either gun owners as consumers or the public as potential victims, S.B. 500 is far more likely to deprive those who must defend themselves against crime of an important means of doing so." 6 See G.J. Wintemute, Ring of Fire: The Handgun Makers of Southern California, U.C.Davis Violence Prevention Research Program (1994). and publications referenced in footnotes 19 and 23 7 Ring of Fire, supra 10 TOWN OF TIBURON STAFF REpORT ITEM NO. /'/ To: MAYOR AND TOWN COUNCIL From: ANN R. DANFORTH, TOWN ATTORNEY Subject: FORMATION OF MAIN STREET ASSESSMENT DISTRICT CON~ATIONOFHEAmNG Date: December I, 1999 BACKGROUND AND ANALYSIS On October 6, 1999, the Council adopted a Resolution of Intention to form the Main Street Assessment District. The Council set a public hearing on December 1, 1999, to take final public testimony, hear protests, tabulate the Assessment Ballots and take final action on the District. In the interim, the Town Engineer has received competitive bids for the Main Street Project, which were considerably in excess of the Engineer's Estimate. Town officials are presently conferring with the Main Street property owners to determine the preferred means of proceeding with the project. Bond Council Steven Casaleggio, of Jones, Hall, has prepared the attached memorandum outlining the steps necessary to complete the formation of the District. Mr. Casaleggio has outlined two alternatives for continuing the meeting to allow time to resolve the present uncertainty regarding the amount of assessments that will be required. Staff recommends that the Council utilize Alternative No. 1. RECOMMENDA nON The Mayor should open and immediately continue the item by making the following announcement: This is the time and place for this Council's public hearing for the Main Street Assessment District. The Council wishes to allow more time to determine final costs and assessments and therefore continues the hearing to these Chambers, December 8, 1999 oJ the hour of 7:30. The Council will take no further action on this item until that date and hour. The City Clerk shall post a Notice of Continuance of Hearing in accordance with Section 54955.1 of the Government Code." Assessment Dist. 12-]-99 Formation of Main Street Assessment District Page 2 of2 December 1, 1999 At the continued meeting on December 8, 1999, the Council can proceed to receive public comment and take steps 1 - 7 in Mr. Casaleggio's memorandum. EXHIBITS 11/22/99 Memorandum from Bond Counsel Steven Casaleggio 30030-02 JH:SRC:SGS 11/22199 MEMORANDUM RE: TOWN OF llBURON Main Street Assessment District 1. Open the Hearing. Mayor or Vice Mayor announces: 'This is the time and place set for the public hearing in this Council's proceedings for the Main street Assessment District.. Before I open the hearing, are there any of you who have assessment ballots you wish to file? If you do, please give them to the Clerk now.. [Collect protests.] 'The hearing is now open. I will now introduce our project consultants. . 2. Introduce Consultants. Mayor or Vice Mayor introduces Mr. Irv Schwartz, the Engineer of Work, and Mark Pressman, the Underwriter. 3. Engineer Presentation. Irv Schwartz discusses the project, the properties in the assessment district and the proposed assessments on each parcel. Irv discusses the method of assessment and the construction bids. 4. Underwriter Presentation. Mark Pressman discusses the sale of the bonds to him and the underwriter at market interest rate and when funds will be available to fund the project. 5. Ask for Public Comment. The Mayor or Vice Mayor asks for any comments, questions or communications about the project or the assessment district from those attending the meeting. When all have spoken, the Mayor of Vice Mayor announces: 'The hearing is now closed. I ask the City Clerk to announce the results of the assessment ballot. . 6. City Clerk Announces Result of Ballot. The Clerk announces the results of the assessment ballot, with tabulation help from Mr. Schwartz, Engineer of Work. 7. Council Deliberation and Adopt: a. Resolution Adopting Engineer's Report, Confirming Assessments and Directing Actions With Respect Thereto. This confirms the assessments at levels no higher than those shown on the original notices. This also directs the various recordings and filings needed to establish the assessment liens and provides for the briet (5-day) cash payment period and written notice of it. Bond counsel will supply the required instruclions, forms and notices needed to carry out these matters. b. Resolution Authorizing Issuance of Bonds. This creates the bond issue on the basis of a not- to-exceed amount. That amount is the totai confirmed assessment, before any cash payments. Once the short cash payment period is over, the bond issue may be priced, ils final terms determined and Exhibit A to this resolution completed. That completion and other documents needed to issue the bonds are approved by Article III of this resoiution. Since time is short, this resolution authorizes the bonds on a 'not-to-exceed' basis, subject to actual cash payments. OR AL TERNA TIVE I. If the Council wishes to continue the hearing to allow further time to arrange for construction cost handling andlor project definition, the Mayor or Vice Mayor should state as follows: 'This is the time and place for this Council's public hearing for the Main Street Assessment District. The Council wishes to allow more time to determine final costs and assessments and therefore continues the hearing to these Chambers, on . at the hour of No further action will be taken by the Council on this item until that date and hour. The City Clerk shall post a Notice of Continuance of Hearing in accordance with Section 54955. 1 of the Government Code. . ALTERNATIVE II. If the Council wishes to hold the hearing, but not take any action on the resolutions, take Steps 1 through 6 above and defer Step 7 to an identified future Council meeting. -2- TOWN OF TIBURON STAFF REPORT ITEM NO. 11) To: TOWN COUNCIL From: TOWN CLERK Subject: ORDINANCE ADOPTING 1999 TOWN MUNICIPAL CODE Date: December I, 1999 BACKGROUND At its November 16, 1999 meeting, the Town Council held first reading of the Ordinance adopting the new Tiburon Municipal Code. The last time the Code was updated in its entirety was in 1990. Copies of the new Code are available at Town Hall. The public can also view (and print) the full text of the Code on the internet at the Town's website, www.tiburon.org/govemment.This is accomplished through a link to the publisher's website, www.bocnet.com. It should be noted that the Town's Zoning Ordinance (Chapter 16) is not contained in this document. Copies of the Zoning Ordinance are available and updated by the Town's Planning Department. The Tiburon Municipal Code will be supplemented on an annual (or as needed basis), both in hard copy format and on the internet by the publisher as part of the contract. ACTION REOUIRED To hold the second public hearing and adopt the Ordinance adopting the 1999 Tiburon Municipal Code. EXIDBITS ~ Ordinance No. 452 N.S. ORDINANCE NO. 452 N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING THE 1999 TlBURON MUNICIPAL CODE . WHEREAS, the Book Publishing Company of Seattle, Washington, has compiled, edited and published a codification of the permanent and general ordinances of Town ofTiburon; ami WHEREAS, there are now on file in the office of the Town Clerk, for public inspection, three copies of a document entitled "Tiburon Municipal Code;" NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: Section 1. Adoption. There is hereby adopted the "Tiburon Municipal Code," as compiled, edited and published by Book Publishing Company, Seattle, Washington. Section 2. Title--Citation--Reference. This code shall be known as the "Tiburon Municipal Code" and it shall be sufficient to refer to said code as the "Tiburon Municipal Code" in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall be sufficient to designate any ordinance adding to, amending, correcting or repealing all of any part or portion thereof as an addition to, amendment to, correction or repeal of the "Tiburon Municipal Code." References may be made to the titles, chapters, sections and subsections of the "Tiburon Municipal Code" and such references shall apply to those titles, chapters, sections or subsections as they appear in the code. Section 3. Reference applies to all amendments. Whenever a reference is made to this code as the "Tiburon Municipal Code" or to any portion thereof, or to any ordinance of the Town of Tiburon, codified herein, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made. Section 4. Title. chapter and section headinf?;s. Title, chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section hereof Ordinance No..l52 NS--introduced 11/16/99 I Section 5. Reference to specific ordinances. The provisions of this code shall not in any manner affect matters of record which refer to, or are otherwise connected with ordinances which are therein specifically designated by number or otherwise and which are included within the code, but such reference shall be construed to apply to the corresponding provisions contained within this code. Section 6. Ordinances passed orior to adoption of this code. The last ordinance included in this code was Ordinance No. 446 N.S. [Amending Chapter 13, Building Regulations), adopted July 7, 1999. The following ordinances, passed subsequent to Ordinance No. 446 N.S., but prior to adoption of this code, are hereby adopted and made a part of this code: Ordinance No. 447 N.S., Ordinance No. 448 N.S., Ordinance No. 449 N.S., Ordinance No. 450 N.S., and Ordinance No. 451 N.S. (adopted October 20, 1999). Section NO.7. Effect of code on past actions and obligations. The adoption of this code does not affect prosecutions for ordinance violations committed prior to the effective date of this code, does not waive any fee or penalty due and unpaid on the effective date of this code, and doe not affect the validity of any bond or cash deposit posted, filed or deposited pursuant to the requirements of any ordinance. Section 8. Constitutionality. If any section, subsection, sentence, clause or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code. Section 9. References to prior code. References in town forms, documents and regulations to the chapters and sections of the former Tiburon Municipal Code (adopted in 1968 and 1990) shall be construed to apply to the corresponding provisions contained within this code. Section 10. 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 a copy of the ordinance shall be published with the names of the members voting for and against it at least once in a newspaper of general circulation published in the Town of Tiburon. Ordinance No.452 NSnintroduced 11/16/99 2 This Ordinance was introduced at an adjourned meeting of the Town Council held on November 16, 1999, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on December 1, 1999, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: TOM GRAM, MAYOR ATTEST: DIANE CRANE ICAOPI, TOWN CLERK Ordinance No.452 NS--introduced 11/16/99 3 ." TOWN COUNCIL STAFF REPORT TO TOWN COUNCIL MEETING DATE: 12/[/99 REPORT DATE 111l6/99 ITEM NO. ! 6 FROM SCOTT ANDERSON, ~ PLANNING DIRECTOR SUBJECT TOWN-INITIATED AMENDMENTS TO LOCAL HISTORICAL LANDMARK DESIGNATIONS FOR OLD ST. HILARY'S CHURCH (201 Esperanza Street) AND ART & GARDEN CENTER PROPERTY (841 Tiburon Boulevard) BACKGROUND In 1979, the Town ofTiburon designated the Old St. Hilary's Church property as a local historical landmark. In 1995, the Town ofTiburon designated the former brick kiln bunkhouse property, commonly known as 841 Tiburon Boulevard and now the Belvedere- Tiburon Landmark Society's Art & Garden Center, as a local historical landmark. The Town had previously designated the Peter Donahue Building and Lyford's Stone Tower as local historical landmarks in 1976 and 1977 respectively. In taking its actions in 1979 and 1995, apparently through inadvertent omission, the Town failed to impose a standard condition that requires prior review and approval of alterations on the property by the Heritage & Arts Commission. This condition had been imposed on the first two sites designated as local historical landmarks, but was not included on the next two sites. Without this condition, the historic designation is essentially meaningless for regulatory purposes. Neither the Town nor the Belvedere- Tiburon Landmarks Society, owner of both affected sites, appeared to realize until very recently that the standardized condition had been omitted from the two resolutions. PROPOSAL The Town proposes to correct the omission by amending the Town Council resolutions that should have imposed the standardized condition on the historic designation. The omitted condition reads generally as follows: No work shall be commenced, and no permit shall be issued by any Town department for any demolition, removal, destruction, alterations, additions or changes of any type to the exterior of any building on the site, including that involved in exterior painting, exterior lighting and exterior signing, excepting however, routine maintenance and repair; nor shall any permits be issued for any work to be done on the land area described as [insert property description] until the plans for all such work shall have first been submitted to, and approved by, the Heritage & Arts Commission. The Commission shall act upon such plans within 30 days following submittal ofa complete application to the Town. TlBURONTOWN COUNCIL STAFF REPORT 1211/P!} 1 ANALYSIS Both affected sites are owned and controlled by the Belvedere- Tiburon Landmarks Society, which has been very cooperative over the years in securing prior approval from the Heritage & Arts Commission for any proposed changes to both of these sites. Given this circumstance, Staff believes that amendment of the resolutions to include the standardized condition requiring Heritage & Arts Commission review and approval of plans will have no practical effect on either site. COMMISSION REVIEW AND RECOMMENDATION The Planning Commission discussed this matter at its regular meeting on October 13, 1999. The Planning Commission heard testimony from Mr. Roger Felton, representing the Landmarks Society, stating that there was no objection to the amendment and that the Town and Landmarks Society had developed a good working relationship The Planning Commission recommended that the two resolutions be amended to incorporate the standard condition that had been omitted. The Heritage & Arts Commission met on October 26, 1999, considered the recommendations of the Planning Commission, and voted to recommend approval of the amendments to the Town Council. ENVIRONMENTAL STATUS Amendment of the resolutions designating these sites as local historical landmarks is not classified as a "project" under CEQA. STAFF RECOMMENDATION . That the Town Council holds a public hearing and considers all testimony. . That the Town Council adopts the two resolutions amending the historic designations. EXHIBITS I. Planning Commission minutes of October 13,1999. 2. Heritage & Arts Commission minutes (draft) of October 26,1999. 3. Draft Resolution amending designation of 20 I Esperanza Street (Old St. Hillary's Church property) as a historical landmark. 4. Draft Resolution amending designation of 841 Tiburon Boulevard (Belvedere- Tiburon Landmarks Society Art & Garden Center) as a historical landmark. 5. Resolution No 879 designating Lyford's Stone Tower as a historical landmark. 6. Resolution No. 1053 designating Old St. Hilary's Church property as a historical landmark. 7. Resolution No 313 I designating 841 Tiburon Boulevard as a historical landmark. hist landmark amend tcrep.doc TIBURONTOWN COUNCIL STAFF REPORT 12//199 2 4. TOWN-INITIA TED A.c"IENDMENTS TO LOCAL HISTORICAL LA.c'IDl\tIARK DESIGNA nONS FOR OLD ST. HILARY'S CHURCH, 201 ESPERANZA STREET, Assessor Parcel Nos. 59-031-02 and 059-032-03; AND THE ART & GARDEN CENTER, 841 TIBlJRON BOULEVARD, Assessor Parcel No. 055-252-06. Planning Director Anderson stated that between 1976 and 1995 the Town has designated four properties as Local Historical Landmarks. On the last two, Old St. Hilary's Church and the Art & Garden Center brick kiln bunkhouse, the Town inadvertently omitted imposing a standard condition that requires prior review and approval of alterations on the properties by the Heritage & Arts Commission. This condition must be specified in the resolution, or it does not apply, which essentially renders the designation meaningless for regulatory purposes. The Town now is proposing amending these two resolutions to include this condition. Both properties are owned by the Belvedere- Tiburon Landmarks Society. The language to be added was included in the Staff Report. The Heritage & Arts Commission will also hold a public hearing on this and then make its recommendation to the Town Council. l\i1r. Anderson recommended that the Planning Commission recommend approval to the Heritage & Arts Commission. Chair Berger asked if this meant that the S tate Historic Building Code would apply to these buildings. Mr. Anderson said that would be one of the primary benefits of this designation. MIS Stein/Knoble (4-0-1 Berger) to recommend to the Heritage & Arts Commission that the resolutions be modified to include the standardized condition regarding prior approval of permits by the Heritage & Arts Commission. TIBL"RON PL.-\..'iNING COMMISSION 3 MINlJI'ES NO. 814 OF OCTOBER 13. 1999 EXHIBIT NO. I Arnett gave the commissioners and the visitors a brief background on the reason for the need to amend two previous historic landmark designations -- Old St. Hilary's Church, and The Art & Garden Center Property. She called the Commission's attention to the staff report and amended resolutions forwarded to the Commission by the Planning Director. When asked for his comments, Planning Director Anderson remarked that without the condition that is proposed for addition to the resolutions, the Town does not have any regulatory authority over its historic landmarks. Kline asked for a motion from the Commissioners to accept the Planning Commission's recommendation. MOTION: That the recommendation of the Planning Commission be accepted and that the two resolutions designating Old St. Hilary's Church and the Brick Kiln Bunkhouse as historic landmarks be amended to incorporate the standard condition that had been omitted. The condition, is to be included as the final paragraph in both amended resolutions and is to be included henceforth for any future historic designations. MOVED: SECONDED VOTE Arnett Kline Unanimous --l Town of Tiburon Heritage & Arts Commission 2 Minutes of 10/26/99 BXHIBIT NO. :l RECORDING REQUESTED, WHEN RECORDED SEND TO: TOWN CLERK TOWN OF TIBURON 1155 TIBURON BOULEVARD TIBURON, CA 94920 RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING RESOLUTION NO. 1053 THAT DESIGNATED PROPERTY LOCA TED AT 201 ESPERANZA STREET CONTAINING OLD ST. HILARY'S CHURCH AS A HISTORICAL LANDMARK OF THE TOWN OF TIBURON ASSESSOR PARCEL NOS. 59-031-02 & 59-032-03 WHEREAS, the Town ofTiburon did adopt Resolution No. 1053, attached hereto as Exhibit "A", on July 9, 1979, said resolution designating property containing Old St. Hilary's Church as a historical landmark of the Town ofTiburon; and WHEREAS, the Town has subsequently discovered that a key condition of the historical designatiou as authorized by Tiburon Municipal Code Section 13B-7 was inadvertently omitted from Resolution No. 1053. Said condition would require review and approval by the Tiburon Heritage & Arts Commission of proposed changes to the property; and WHEREAS, the matter was duly referred to the Tiburon Planning Commission for its report and recommendation, and after public hearing on October 13, 1999 the Planning Commission did recommend amendment of the designation to include the omitted condition; and WHEREAS, the Heritage & Arts Commission, subsequent to receipt of the report from the Planning Commission, held a public hearing on October 26, 1999 and recommended amendment of the historic designation to include the omitted condition. The recommendations of the Heritage & Arts Commission have been forwarded to the Town Council, together with the recommendations of the Planning Commission; and WHEREAS, a public hearing was duly set and duly noticed before the Town Council for the purpose of acting on said recommendation; and Tlb/lron Town COllnell Resolution JVo ""/--/99 EXHIBIT NO. j WHEREAS, said public hearing was held on , 1999 at which time the Town Council after due deliberation concurred in the recommendation of the Heritage & Arts Commission and Planning Commission that said historic designation be amended to include the omitted condition. NOW, THEREFORE, BE IT RESOLVED that the Town Council hereby amends Resolution No. 1053 to insert the following: NOW, THEREFORE, BE IT FURTHER RESOLVED that no work shall be commenced, and no permit shall be issued by any Town department for any demolition, removal, destruction, alterations, additions or changes of any type to the e;"Cterior of any building on the site, including that involved in exterior painting, exterior lighting and exterior signing, excepting however, routine maintenance and repair; nor shall any permits be issued for any work to be done on the land area descrihed as Marin County Assessor Parcels 59-031-02 and 59-032-03 until the plans for all such work shalllltlve first heen suhmitted to, and approved by, the Heritage & Arts Commission. The Commission shall act upon such plans within 30 days following .mhmittal of a complete application to the Town. PASSED AND ADOPTED at a regular meeting of the Tiburon Town Council on , 1999 by the following vote: AYES: NOES: ABSENT: COUNClLMEMBER: COUNCILMEMBER: COUNCILMEMBER: TOM GRAM, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Tibllron Town COline:! Re.\'OllIflon/v'o. --/--/99 2 RECORDING REQUESTED, WHEN RECORDED SEND TO: TOWN CLERK TOWN OF TIBURON 1155 TIBURON BOULEVARD TIBURON, CA 94920 RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING RESOLUTION NO. 3131 THAT DESIGNATED PROPERTY AT 841 TIBURON BOULEVARD CONTAINING THE BRICK KILN BUNKHOUSE AS A HISTORICAL LANDMARK OF THE TOWN OF TIBURON ASSESSOR PARCEL NOS. 55-252-06 WHEREAS, the Town ofTiburon did adopt Resolution No. 3131, attached hereto as Exhibit "A", on December II, 1995, said resolution designating property containing the brick kiln bunkhouse as a historical landmark of the Town of Tiburon; and WHEREAS, the Town has subsequently discovered that a key condition of the historical designation as authorized by Tiburon Municipal Code Section 13B-7 was inadvertently omitted from Resolntion No. 3131. Said condition would require review and approval by the Tiburon Heritage & Arts Commission of proposed changes to the property; and WHEREAS, the matter was duly referred to the Tiburon Planning Commission for its '"eport and recommendation, and after public hearing on October 13, 1999 the Planning Commission did recommend amendment of the designation to include the omitted condition; and WHEREAS, the Heritage & Arts Commission, subsequent to receipt of the report from the Planning Commission, held a public hearing on October 26, 1999 and recommended amendment of the historic designation to include the omitted condition. The recommendations of the Heritage & Arts Commission have been forwarded to the Town Council, together with the recommendations of the Planning Commission; and WHEREAS, a public hearing was duly set and duly noticed before the Town Council for the purpose of acting on said recommendation; and liburan Town COllncr! ResolutIOn No. __/__/99 EXHIBIT NO. + WHEREAS, said public hearing was held on , 1999 at which time the Town Council after due deliberation concurred in the recommendation of the Heritage & Arts Commission and Planning Commission that said historic designation be amended to include the omitted condition. NOW, THEREFORE, BE IT RESOLVED that the Town Council hereby amends Resolution No. 3131 to insert the following: NOW, THEREFORE, BE IT FURTHER RESOLVED that no work shall be commenced, and no permit shall be issued by any Town department for any demolition, removal, destruction, alterations, additions or changes of any type to the exterior of any building on the site, including that involved in exterior painting, e.xterior lighting and e..'Cterior signing, excepting however, routine maintenance and repair; nor shall any permits be issued for any work to be done on the land area described as Marin County Assessor Parcels 55-262-06 until the plans for all such work shall have first been submitted to, and approved by, the Heritage & Arts Commission. The Commission sit all act upon such plans within 30 days following submittal of a complete application to tlte Town. PASSED AND ADOPTED at a regular meeting of the Tiburon Town Council on , 1999 by the following vote: AYES: NOES: ABSENT: COUNClLMEMBER: COUNCILMEMBER: COUNCILMEMBER: TOM GRAM, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Tib/lron Tml/n COllnCl1 Resolu/lOn No --/--/99 2 , , Rf.SOLUTION NO. 87CJ c A aE,i:OLU"tIDN OF tHE CITY COm;CIL OF THE C In --. OF nBUROl'f OESIC~ATINC LYFORD I S STONE TOWER AND ITS~ S~TE AS AN HISTORICAL LANDr-'..ARK. WHE~EAS: the CiCy Council of Tiburon ~pprove$ the repoct 9f the Tihurnn Planning Commissi~ dated November 17, 1976, on Lyford's Stone Tower, and accepl:s the recomrh~dation of said Commission sec for:h in Planning Commission Resolution i217, an~ further approves the re?ort and findings of t~e Tiburon Heritage Advisory Committee dated January 4, 1977, and adop' . findings of said Commission and Cotllmi I: tee ; and WHE~EAS: ~~e Tiburon Heritage Advisor] Committee has found, pursuant . to Tiburon City Ordinance 129 N.S. Chapter 138, thaI: certain st=ucture commonly known as Lyford's Scone Tower, and the site, described in Exhibit A. attached hereto and made a part thereoE, on ~hich it is situated, are of historic, cultural, and aesthetic significance, and are ....orthy oE consideration for protection, enhancement and perpetuation as such; and WHEREAS: che str~cture commonly known as Lyford's Stone Tower ~as been listed on the ~ational Register of Historic Places, ef:ective December 2, 19i6; and WHEREAS: pursuant to riburon City JIJB-4, the matter ....as duly referred to the Planning Commission for a =eport; and WHEREAS: the Tiburon Herita13e Advisory Committee, subsequent: to the receipt of the report from the Planning Commission, acted to recommend that che said structure and site on which it is located as described in Exhibit A, be designated a City historical landmark and its report and recommendations have been fo~~arded to the City Council, together with the report of the Planning Commission; and WHEREAS: a public hearing ~as duly set for February 14, 1977, before the City Council for the purpose of acting on said recommendation; and ( WHE~AS: said public hearing was duLy noticed by publication in a newspaper of gene=al circulation in the City of Tiburon at least ten days before the date of said hearing, and the ovners and lienholders of record of said property were duly notified in writing ten days in advance of said hearing date; and WHE:tEAS: said pub lie hearing ....as du ~7 he ld on February 14, 19 i7 , at which time the City Council, after due deLiberation concurred in the recommendacion of the Tiburon Heritage Ad'!isory Committee and the Planning Commission, that SOlin structure and site ought to be designaced as an historical landmark; and NOW THEREFOR:::: BE IT RESOL'IED as follows: 1. That Lyford's Scone rower, and the site upon which it is located, as described in Exhibit A, are hereby designated as an historical landmark of the City of Tiburon. 2. That no work shall be commenced, and no permits shall be issued by any city department, for any demolition, removal, destruction, alteration, repairs, addition or change of any type to Lyford's Stone Tower and its adjacent walls and terrace, except for routine maintenance and re?air, nor shall any permits be issued for any work to be done on the Stone To....er or the land area described in ExhibLt A, attached hereto and made a part thereof of this resolution, until the lans for all such proposed ....ork have been submit::ed to the riburon Her Cage Advisory Committee, and, thereafter, approved by the City ~ounc I. All such pl~ns shall f~rst be l - EXHIBIT No.5 . _.~. , -- .- c submi!:c:ed to the T~._'HtJrit.age Advisory C~ittee for its review. cammenc and recammendactonsp and the ~omm~::aa shall act upon such referrals ~thin JO ~~' ~rt.r such pl~s are filed ~ith the City. The City C~unc~. 'shall ..e Upon said plans and application for permits at its next regular meeting following the expiration of the 30 day period provided for review by the Tiburan Heritage Advisory C~ittee. PASSED AND ADOPTED City of T1buron held on at 'i. .~egular February 14 meeting of the City Council of the . 1977, by che following vote: . NOES: COUNCIL"iEN: None AYES: COUNCIL~N: EIL=an. Edelstein, Ross. Aramburu, Tayer ABSE~: COUNCII...'1EN: None A1'1'EST: Draft dace: 1/10/77 Adopted: ( l J?;) _ .P'~/:$ ,-.--I DONALD S. TAna. Mayor City of Tiburon -- , .- . ":-{ EXHIBIt' A c -\.. .... -. That sice des~ed as; . BEGINNING at . poine on the Soucheasterly line of Paradise Drive distant thereon S 1.3000' E 37.20 feec, S 20 26' II 69.82 feet and S 46o.W' 21.13 feet fram the ~uthwest c~er of that certain parcel of land described in the Deed from Ida M. Boyle to Margaret Carlsmith, recorded Sepeember 18. 1939, in Book JS7 of Offici.l Recorda at page 22, Marin Couney Records: running thence S 440 E 7.279 feet: thence S 840 00' ! 81.182 feet co a poine on :;e Southeaseerly line of thae certain parcel of land described in the Dee\- from 'nleodore L. Alchausen, et ux. to Raccoon Strait Land Co.. . California Corporaeion, recorded April 13, 1961. in Book 1452 of Official Records at page 205, Marin Coune,' Records, dhtanc ehereon S 330 00' W 153.5 feel: from l:he Easl: corner !:hereof: running !:hence .along said Southea:sterly line S JJo 00' ~ 97.25 feet to !:he Southwesterly line of ch.ac certain parcel of land described in ebe Deed fram Nortttwesl:ern Pacific Railroad, a corporation, to B. Sl:auffer. a single woman, recorded July 22, 194J, in Book 447 of official Records at page 416, Marin County Records: running thence along said South- weSl:erly line and along ebe Southeasterly and Northeasterly line of !:hat certain parcel of land described in the Deed fram Ida~. Boyle l:o Wilfred A. Lee, et ux, recorded December IB, 1933, in Book 271 of Official Records at page 304, Marin Couney Records, N 540 11' ~ 39.95 feec, N 690 45' E 3.00 feel: and N 510 54' \oJ 54.55 feet to l:he said Southeasl:erly line of Paradise Drive; running thence along said Southea:sterly line N 560 59' E 4.45 feet and N 460 E 50.00 feet to !:he point of beginning. ( l - RESOLUTION NO. lu53 ( A RESOLUTION: -c=" 'f::,'E TOw"N CJ'){;"NCIL OF THE TOw"r OF TIBURON DE~X~~ATING OLD ST. HILARY'S AS A HISTORIC.~ LA...'JD~1ARK WhEREAS, the Tiburon Heritage Commission has; pursuant to Ordi~ance 129 N.S., found that the structure known as Old St. Hilary'~, a~ Es?e=a~za Lane, Tibu=on, Califo=nia is of historic, cultural and aesthetic interest, and is worthy of conside=ation for prote~tion, enhancement and pE;._~petua tion as such i and WhEREAS, pursuant to Ordinance 129, N.S., the matter was duly referred to the Planning Commission for a report; and WHEREAS, the Heritage Commission, subsecuent to the receiot of the report from the Planning Commission, acted to recommend that said building, inclusind Assessor's Parcels i5903102 and i5903203, be declared a historical landmark and its reoort and recommendation have been forNarded to the Town Council, together with the report of the Planning Commission; and WHEREAS, a public hearing was duly set for July 9, 1979, before the Town Council for the purpose of acting on said recommendations; and WHEREAS, said public hearing was duly noticed by publication in a news?a?er of general circulation in the Town of Tiburan at least 10 days before the date of ~~e hearing, and the owners and lien holders of record of said pro~erty were duly notified in writing 10 days in advance of said hearing date; and ( WHEREAS, said public hearing was duly held on July 9, 1979, at which time the Town Council, after due deli8era~ion concur~ec in t~e recommendation of the Heritage Commission and the Planning Ccn~ission, tha~ saie structure ought to be designated as a historical la~cma=k of the Tow~ of Tiburon, NOW, TSERE?ORE BE IT RESOLVED, that Old St. Hilary's, including Assessor's Parcels ~S903102 and ~5903203, is hereby designated as a historical landilla=~ of the Town of Tiburon. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held on Julv 9 , 1979, by the following vote: AYES: NOES: p.BS ENT : COONCILMEc-r: COONCIL.'1EN: Haeson Bergsunc, Ecelstein, Rockey, Bass none l '.,.., ;1 't J,. /..- ~;),;L.'f'\../(".L ~,_~ ~~f../ I~. Ie !.I L.v.! ,,~v'" .(.v . JOAN R. BERGSUNm, Mayor Town of Tiburon' . ATTEST: R~L . ~T\'_~~ . . ..:....t..Llr:..;:<._, EXHIBIT NO.-'- " T~ Maeager/Cler~ dtd 6/19/79 ./ I . L .r RECORDL.'1G REQUESTED, WHEN RECORDED SE:'-ID TO: TOWN CLERK TOWN OF TIBL"RON 1155 TIBURON BOULEVARD TIBURON, CA 94920 RESOLUTION :'-10. 3131 A RESOLUTION OF THE TOWN COlJ"NCn.. OF THE TOWN OF TIBURON DESIGNATIJ'ljG PROPERTY AT 8.n TIBURON BOULEVARD AS A LOCAL HISTORICAL LANDiVlARK ASSESSOR PARCEL NO. 55-252-06 WHEREAS, the Town of Tiburon has received a request from the Belvedere- Tiburon Landmarks Society to designate its property located as 841 Tiburon Boulevard as an Historical Landmark of the Town; and WHEREAS, the Tiburon Heritage & Arts Commission has, pursuant to Chapter 13B of the Tiburon ylunicipal Code, found that the property contains structures of historic and cultural interest, and is worthy of consideration for protection. enhancement and perpetuation as such; and WHEREAS, the matter was duly referred to the Tiburon Planning Commission for its report and recommendation, and after public hearing on October 25 and November 8, 1995, the Planning Commission did recommend designation of the property as an historical landmark; and 'VHEREAS, the Heritage & Arts Commission, subsequent to the report from the Planning Commission, acted to recommend that said property, comprised of Assessor Parcel 55-252-06, be declared a historical landmark, and its report and recommendation have been forwarded to the Town Council, together with the report of the Planning Commission; and "HERL\S, a public hearing was duly set and duly noticed before the Town Council for the purpose of acting on said recommendation; and WHEREAS, said public he:lring was held on December II, 1995, at which time the Tiburon Town Cou.ncrl R<!.soljjIlO" .'10. j / j f DeCl!mot!.r I J. 1995 EXHIBIT NO. -::r - Town Council after due deliberation concurred in the recommendation of the Heritage & Arts Commission and Planning Commission that said property be declared an historical landmark of the Town of Tiburon. NOW, THEREFORE, BE IT RESOL YED that the Town Council hereby designates Assessor Parcel No. 55-252-06 (841 Tiburon Boulevard) as an Historical Landmark of the Town of Tiburon pursuant to Chapter 13B of the Tiburon Municipal Code. PASSED A,."a) ADOPTED at an adjourned meeting of the Tiburon Town Co';ncil on December 11, 1995, by the following vote: AYES: NOES: ABSENT: COUNCll..MEl\'ffiER: COUNCILMEMBER: COtiNCll..MEl\'ffiER: Hennessy, Thayer, Thompson & Wolf None Ginalski L /V-v; t,/'~ NICKY WOLF, MAYOR TOWN OF TIBURON ATTEST: rnt~ ~ DUNE L. CRANE, TOWN CLERK l Tihuro" Town Counczi ResolutIOn No. J I J I December J 1. 1995 2 .