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HomeMy WebLinkAboutTC Min 1999-12-01 . - TOWN COUNCIL MINUTES CALL TO ORDER Vice Mayor Thomspon called the regular meeting of the Tiburon Town Council to order at 7:40 PM on Wednesday, December 1, 1999, in the Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. A. INTERVIEWS At 7: 15 PM, Council interviewed Alice Fredericks, One Cazadero Lane, for a vacancy on the Planning Commission. B. ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: Hennessy, Matthews, Bach, Thompson COUNICLMEMBERS: Mayor Gram - PRESENT: EX-OFFICIO: Town Manager Kleinert, Town Attorney Danforth, Planning Director Anderson, Town Engineer Schwartz, Minute Clerk McVeigh c. ANNOUNCEMENT OF CLOSED SESSION ACTION The Council did not hold a Closed Session. D. PUBLIC OUESTIONS AND COMMENTS There were none. E. COUNCIL. COMMISSION & COMMITTEE REPORTS 2) BICYCLEIPEDESTRIAN ADVISORY COMMITTEE Council moved this item to the end of the Agenda. F. CONSENT CALENDAR Council amended Minutes No. 1174 of October 20, 1990 as follows: Page 6, 3'd paragraph, change to read "Deputy Town Engineer Hugunin said the [ad hoc] Main Street Subcommittee recommended the "no curb" design. --- Councilmember Hennessy requested Item No. 16 be moved to the Consent Calendar. Town Council Minutes # 1178 December 1, 1999 Page 1 r--- MOTION: - Moved: Vote: to approve the Consent Calendar as amended, consisting of: 3. TOWN COUNICL MINUTES - No. 1174 - October 20, 1999; No. 1175 - November 3, 1999, No. 1176- November 9, 1999 4. ESTABLISH NO-PARKING ZONE ON TffiURON 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 Construction a Second Dwelling Unit - (Resolution) 7. AMICUS BRIEF REQUEST - Ventura Group Ventures (VGV) v Ventura Port District (the Port), et at - U.S. Court of Appeal for the Ninth Circuit, Case No. 97-55269; Supreme Court of California Case No. S080112- (Approve) 8. DESIGNATION OF TffiURON POLICE FACILITY AS PRIMARY EMERGENCY OPERATIONS CENTER FOR THE TffiURON PENINSULA - (Resolution) 9. NOVEMBER 2, 1999 ELECTION - CERTIFICATION OF RESULTS - (Resolution) 16. AMENDMENTS TO LOCAL HISTORICAL LANDMARK DESIGNATIONS a) Old St. Hilary's Church (Resolution) b) Art & Garden Center (841 Tiburon Blvd.,)- (Resolution) Hennessy, Seconded by Bach AYES: Unanimous ABSENT: Gram G. SWEARING-IN OF COUNCIL ELECT Kleinert administered the Oath of Office to Council elect Andrew Thomspon and Therese Hennessy. H. APPOINTMENTS TO BOARDS. COMMISSION & COMMITTEES MOTION: --- Moved: Vote: To appoint Tom Allen to the Bicycle Pedestrian Advisory Committee Bach, Seconded by Matthews AYES: Unanimous ABSENT: Gram Town Council Minutes # 1178 December 1, 1999 Page 2 ,-.. I. UNFINISHED BUSINESS 12) GREENWOOD BEACH ROAD & BLACKIE'S PASTURE DRAINAGE PROJECT (Authorization for Town to Participate in Joint PubliclPrivate Project) Council moved to item 13. J. PUBLIC HEARING 13) COUNTY-WIDE REGULATION OF FIRE ARMS - Add Chapter 32 to Tiburon Municipal Code pertaining to the Regulation of Firearms - (Introduction and 1st Reading of Town Ordinance) Police ChiefHerley reviewed the proposed Ordinance before the Town Council which would allow the Town to regulate "junk guns" and firearm dealers in specific areas, including residential neighborhoods. It would also require the sale of a trigger lock with each gun sold. He noted Governor Davis has signed legislation this is essentially the same as before the Council, but it does not take effect until January 1, 2001. Herley reported there is one gun dealer in a residential area of Tiburon. He then reviewed the use of trigger locks. ,-.. Town Attorney Danforth noted that a revised copy of the Ordinance in the packet was presented to the Council this evening. She then reviewed each change to the previously submitted ordinance. She noted the ordinance before the Council is substantially identical to the County's gun control ordinance, and may be amended by resolution. Vice Mayor Thompson opened the public hearing. Lana Carter, 21 Marinero Circle #301, spoke in favor of the proposed ordinance, noting she would want to know if a neighbor was selling guns from their home. Barbara Meislin, 116 Lyford Drive, spoke in strong support of the ordinance, noting that anything that can be done to protect children must be implemented. Gene McCormick, 21 Marinero Circle, spoke in favor of the ordinance, noting it is a well-written document. He noted gun dealers need to be regulated in Town and junk guns need to be made less accessible to the public. Bill McKeith, 311 Paradise Drive, spoke in opposition of the ordinance. As a qualified gun mechanic, and a person with guns and ammunition in his home, he feels the matter should be put up for public referendum. I'*"' Mr. Greg Swanson, Double Tap Gun Shop in San Rafael, stated he is a Federal Firearms Dealer and certified with the Department of Justice and the NRA. He spoke in opposition of the ordinance. Town Council Minutes # 1178 December 1, 1999 Page 3 ,-.. Jerry Heath, 1770 Vistazo West, noted he has been a gun owner for years, spoke in opposition of the ordinance, noting there is no problem in Tiburon. He does not feel this ordinance is going to have an impact on the type of violence noted in the Staff report. He questioned the fiscal impact of potential litigation created by the ordinance. Harry Witters, San Rafael resident and President of the West End Homeowners Association, supports the regulations being proposed. Jeannie Lea, San Rafael, strong spoke in favor of the proposed ordinance. She noted her sister is paralyzed from the waist down from a gunshot wound, and urged the Council to adopt the ordinance before them. Carol Yashahito, 152 Golden Hinde, San Rafael, reported the Marin Co. Human Rights Commission commend the Town Council for taking up this issue. She noted this is a small, yet important step, for the Town ofTiburon and the County of Marin. Joyce Segall, 133 Robinhood Road, San Rafael, stated her support of the ordnance. ,-.. Fielding Greaves, CORE Leader, read a letter that was presented to the Council this evening from CORE Headquarters. Among other things, the letter stated the passage of the ordinance would discriminate against poorer minorities who would not be able to afford a weapon for self-protection. He expressed concern that the ordinance exempts police personnel from using "junk guns". He urged the Council to abandon consideration ofthe proposed ordinance. Being no further comments, Vice-Mayor Thompson closed the public hearing. Councilmember Matthews stated he has no problem supporting the ordinance and feels its passage is more symbolic than stating there is a problem in Tiburon. Councilmember Hennessy expressed her complete support of the ordinance and that she is insulted by comments that this ordinance is racially motivated to keep junk guns out of the hands of minorities. Councilmember Bach also supports the ordinance and feels it is appropriate to get rid of inferior constructed weapons. Vice Mayor Thompson also fees the ordinance is more symbolic, and that it does not ban guns outright. It makes Tiburon a safer place to live and allows all residents to know if a gun dealer is operating out of the neighborhood. --- MOTION: Moved: to read by title only Matthews, Seconded by Bach Town Council Minutes # 1178 December 1, 1999 Page 4 I"" Vote: AYES: ABSENT: Unanimous Gram Vice Mayor Thompson read "AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TffiURON ADDING CHAPTER 32 TO THE TOWN OF TffiURON MUNICIPAL CODE PERTAINING TO THE REGULATION OF FIREARMS" MOTION: Moved: Vote: to adopt first reading ofthe aforementioned ordinance Hennessy, Seconded by Matthews AYES: Hennessy, Bach, Matthews, Thompson NOES: None ABSENT: Gram 12. GREENWOOD BEACH ROAD & BLACKIE'S PASTURE DRAINGE PROJECT - (Authorization for Town to Participate in Joint PubliclPrivate Project) -- Town Manager Kleinert reviewed the history of the proposed project, which goes back to the early 1990's. In 1995 there was consensus between the Town and the residents regarding the scope of project and cost sharing. At that time the total project cost was estimated to be $83,000. Since that time costs have increase, property has changed hands and some regulatory agency requirements have added additional costs to the project. The new estimate is $130,000. The Town's share would be $50,000; the residents $70,000; and Flood Control Zone 4 $10,000. Kleinert noted the Town would realize future savings by not having to maintain the existing drainage ditch located behind the Greenwood Beach Road residents. He recommends the Council approve the Town's participation in the project for $45,000 + $5,000 contingency; authorize the Town Attorney to negotiate and execute a funding agreement with the property owners and supplement the $26,000 carry over funding now in the budget with an additional $24,000 from the Town's General Fund Streets and Drainage Reserve. In response to Councilmember Bach, Kleinert noted the Town's share of funding has increased from 32% of project to 38%, which Staff feels is fair. Council member Matthews questioned how many other similar drainage situations exist in Town. Kleinert noted there are none where the Town's open space or property plays a major role, but noted there are existing drainage problems in Old Tiburon that the Town has some shared responsibility. Vice Mayor Thompson opened the public hearing. -- Bruce Abbott, 458 Greenwood Beach Road, spoke in support of the project, noting it has come to exemplify the fine working relationship between the Town Staff and residents. Town Council Minutes #1178 December 1, 1999 Page 5 - - -- >.Jr Being no further comments, Vice Mayor Thompson closed the public hearing. The Town Council directed the Town Attorney to negotiate and execute the funding agreement so the project may proceed. 15. ADOPTION OF NEWLY REVISED TffiURON MUNlCIAL CODE (2nd Reading and Adoption of Ordinance) Council waived the oral staff report. Vice Mayor Thompson opened the public hearing. Being no comments, he closed the public hearing. MOTION: Moved: Vote: to read by title only Bach, Seconded by Hennessy AYES: Unanimous ABSENT: Gram Vice Mayor Thompson read "AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TffiURON ADOPTING THE 1999 MUNICIPAL CODE". MOTION: Moved: Vote: to adopt second reading of the aforementioned ordinance Hennessy, Seconded by Matthews AYES: Hennessy, Bach, Matthews, Thompson NOES: None ABSENT: Gram 13. FORMATION OF MAIN STREET ASSESSMENT DISTRICT (Continued to Wednesday, December 8, 1999) Vice Mayor Thompson made 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 at the hour of7:30. 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". G. NEW BUSINESS 16. 8 INDIAN ROCK COURT - Request for Adjustment or Removal ofa Town-held Scenic Easement over a portion of a Single Family Lot - (Tom and Holly Strobel, Owners! Applicants - AP#38-400-04) Town Council Minutes # 1178 December 1, 1999 Page 6 --- Planning Director Anderson reviewed the background and chronology of events leading to the request for an adjustment or removal of a Town-held scenic easement over a portion of 8 Indian Rock Court. He noted that improvements and plantings within the scenic easement were performed without the required Town permits. He did note that landscaping and improvements constructed within the first 15' of the scenic easement on the west side of the residence may have existed for many years and were apparently approved, in error, by the Town. These older improvements are not part of the current enforcement action. Anderson then reviewed options the Council can consider: 1) Abandoning the scenic easement; 2) modifYing provisions of the scenic easement to allow limited landscaping and/or improvements; 3) issuing an encroachment permit to allow limited landscaping and/or improvements in the scenic easement area; or 4) enforcing the current provisions of the scenic easement on all improvements not previously authorized by the Town. He urged the Council consider either enforcing the scenic easement or issuing an encroachment permit authorizing certain limited improvements in the easement. Vice Mayor Thompson opened the Public Hearing. -- Mr. Tom Strobel, 8 Indian Rock, noted there is language in the scenic easement whereby he can petition the Council to request an amendment to the scenic easement. He did know of the scenic easement when he purchased the property, but was told that he could not have any structures in the easement. After owning the home for approximately two years, he went to the Homeowner's Association and got approval for a landscaping plan. He then went to the Town to apply for a building permit for a retaining wall as part of the landscape plan. The Building Official advised him that the retaining wall was fine, but should have a bigger footing and was issued a building permit. Mr. Strobel said he then advised the Building Official that the retaining wall was in the scenic easement. The Building Official then advised Mr. Strobel that he would have to check with Staff regarding the scenic easement. He then installed the landscaping three years ago without any complaints from the Town. He noted the only reason the additional landscaping came to the Town's attention was because he added new bark to the landscaping. He noted he then received a letter requesting that all plantings and improvements be removed from within the scenic easement that were not present at the time he purchased the property. He noted there is a safety issue as far as fire and questioned who is liable if he is required to grow the weeds back, and feels it would be the Town's liability. He also stated the weeds create a rat and snake problem. He also reported that without the landscaping the scenic easement area creates a vacant lot look. People walk their dogs on the property or it is used by people and litter it left on the property. Twice the police have been called because once his daughter thought someone was looking into her window and once the neighbor had the same problem. He feels that improving the property will make it look like his property and not a vacant lot, which will resolve the safety issues. He stated he would like to have the scenic easement removed ,-.. Town Council Minutes #1178 December 1, 1999 Page 7 -- entirely, or would shift the easement to the area directly below his home, yet still on his property. Town Attorney Danforth reported that she and the Planning Director have spoken to Mr. Strobel on several occasions and he indicates he would like complete removal of the scenic easement, which would require an amendment to the Precise Plan. She noted the Council could issue an encroachment permit for the plantings he has there to remain. She also noted there is a play structure in the easement that must be addressed. Mr. Strobel noted the structure was from another property and is not useable and will be removed. ' Mr. Bill Davis, 33 Mercury Drive, stated Tiburon needs every bit of open space it can afford and feels there should be no changes made to this scenic easement. He is strongly opposed to any encroachment whatsoever. He also questioned what the neighbor on the other side would want if Mr. Strobel were allowed to improve his portion of the easement. Being no further comments, Vice-Mayor Thompson closed the public hearing. --- Vice-Mayor Thompson questioned what affect any changes to the scenic easement would have on the other neighbor. Planning Director Anderson noted that making any changes to the wording of the scenic easement would affect the other neighbor's portion of the easement also. Ifan encroachment permit is issued it will not apply to the neighbor's portion. Councilmember Hennessy recalled the Perini Land Co. hearings and the tremendous opposition by the Belveron residents to have any of the homes built and the concession by the Town was the scenic easement. She feels it is unfortunate that the Strobel's spent so much money installing landscaping that should not have been installed. She does not feel the Strobel's have demonstrated any valid reasons that this current Council should overturn a previous Council's decision. She recommends the Council enforce the current provisions of the scenic easement. Councilmember Matthews feels the scenic easement needs to ,remain in place and not be reconfigured. He feels the landscaping that is currently there is esthetically pleasing and does not diminish the intent of the scenic easement. He is inclined to go along with the encroachment permit options to allow what is existing now. Councilmember Bach feels the view corridor must be maintained. He feels the Strobels have taken advantage of the string of events leading to this appeal. He feels he would be inclined to vote for the encroachment permit option. -- Vice-Mayor Thompson stated that he is inclined to go ahead with enforcing the current scenic easement option. He feels it is important to maintain the vision of Town Council Minutes # 1178 December 1, 1999 Page 8 --- previous Council. He would not oppose some landscaping very close to the house, but not to the extent that currently exists. Councilmember Hennessy questioned that if the Council chose to enforce the current provisions ofthe scenic easement, would the Council be allowing the first 15' of landscaping that was installed by the previous owners? Planning Director' Anderson stated the Council could interpret that the first 15' of landscaping is OK. MOTION: That the Town Council enforce the current provisions of the scenic easement on all improvements not previously authorized by the Town and installed in a timely manner, this does not include the landscape installed within the first 15' nearest the house Moved: Hennessy, Seconded by Thompson - Mr. Strobel questioned that even though there was an approved landscape plan in the scenic easement, would he have to remove the landscaping to 15' from the home. Staff responded yes. Planning Director Anderson noted the Mr. Strobel was put on notice in 1996 that the landscaping and improvements were performed without Town permits. Town Manager Kleinert noted the sole goal of this scenic easement during the Perini hearings was to accommodate the homeowners in Belveron so they would not be looking up at a solid wall of homes. He felt the intent of the previous Council was that no structures or retaining walls could be placed on the scenic easement. Council member Bach noted the recorded document states "natural condition". Vice-Mayor Thompson stated he would consider continuing the item and adjourning the meeting to the site to determine how far out the current landscaping should be allowed, if that was the pleasure of the Council. A vote on the motion was called for. VOTE: AYES: NOES: ABSTAIN: Hennessy, Thompson Matthews Bach 2. BICYCLEIPEDESTRIAN ADVISORY COMMITTEE- Recommendations regarding Potential Improvements to be included in Marin county Bicycle/Pedestrian Master Plan - Vice-Mayor Thompson reported the draft report would be out in January 2000. Town Council Minutes # Il78 December 1, 1999 Page 9 ~ ,-.. N. ADJOURNMENT Being no further business ofthe Town Council of the Town of Tiburon, Vice- Mayor Thompson adjourned the meeting at 10: 10 P.M., sine die. ~~YOR - ATT,E/rZ: [/ { , I;. .!Zty( DIANE L. IACOPI, TOWN CLERK ,.... ~ Town Council Minutes #1178 December 1, 1999 Page 10