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Home My WebLink AboutTC min 1999-09-15 ,-.. TOWN COUNCIL MINUTES \(~;Opy CALL TO ORDER Vice Mayor Gram called the regular meeting ofthe Town Council of the Town of Tiburon to order at 7:36 PM, Wednesday, September 15, 1999, in the Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. A. ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: Hennessy, Matthews, Thompson, Gram COUNCILMEMBERS: Bach PRESENT: EX-OFFICIO: Town Manger Kleinert, Town Attorney Danforth, Planning Director Anderson, Minute Clerk McVeigh B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If Anv) There was no Closed Session. c. PUBLIC OUESTIONS AND COMMENTS - Sam Barnett, an 11 year resident and student at Del Mar School, asked the Council to consider passing an ordinance making it legal for electric scooters and bicycles travelling less than 20 MPH legal on the bicycle path and streets. He told the Council about his purchase of an electric scooter and subsequently being pulled over by Officer Stoneham and advised the scooter was not legal in California. He reported California Vehicle Code Section 21968 addresses motorized skateboards, but not motorized scooters. He noted that if a person falls off a motorized skateboard the board continues its travel and could injure someone else, whereas a motorized scooter only has two wheels and immediately falls over when there is not a rider. He noted legalizing these scooters would reduce traffic congestion (particularly at school), air pollution, greenhouse gases, provide mobility for disabled persons and allow children fun. Town Manger Kleinert recommended this matter be reviewed by the Traffic Safety Committee. Mr. John Kern, 166 Stewart Drive, addressed the issue of deer population on the peninsula. He noted the deer are becoming more brazen and doing a lot of damage to private landscape. Mr. Joe Keller, 699 Hilary, seconded Mr. Kern's concerns. - Town Council Minutes # 1172 September 15, 1999 Page 1 - D. COUNCIL. COMMISSION & COMMITTEE REPORTS There were none. E. CONSENT CALENDAR -- MOTION: to approve the Consent Calendar consisting of: L TOWN COUNCIL MINUTES - #1170 - August 18, 1999 2. AMICUS BRIEF REQUEST - Brewer v. City of Napa, 9th Cir. Court of Appeals case No. 98-16460 (Approve) 3. BAYIDELTA WATER CONSERVATION - Support Board of Supervisor's Resolution No. 99-106 (Resolution) 4. SUPPLEMENTAL LAW ENFORCEMENT FUNDS ("COPS") - Proposed Utilization ofFY 99-2000 (Resolution) 5. TOWN MONTHLY INVESTMENT SUMMARY (July 1999) 6. DENIAL OF APPEAL OF DESIGN REVIEW BOARD DECISION - 696 Hilary Drive - AP No. 55-212-04- Marc & Jean Gineris, Applicants; Alfred & Jude Agajan, Appellants (Resolution) Moved: Vote: Hennessy, Seconded by Thompson AYES: Unanimous ABSENT: Bach F. PUBLIC HEARING 7. AMENDMENT TO ZONING ORDINANCE - Design Review for Utility Poles - Second Reading Town Attorney Danforth reported Council approved first reading of the proposed ordinance at their September 1, 1999 regular meeting. At that meeting Council requested an amendment to the ordinance to clarify that the facilities covered included, without limitation, lines, wires and boxes. This amendment has been incorporated into the ordinance. She reported that Staff needs to come up with a review process for the utility poles. Vice Mayor Gram opened the public hearing. Being no response, Vice Mayor Gram closed the public hearing. --- MOTION: Moved: Vote: to read by title only Hennessy, Seconded by Thompson AYES: Unanimous ABSENT: Bach Town Council Minutes # 1172 September 15, 1999 Page 2 - Vice Mayor Gram read "AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TffiURON AMENDING CHAPTER 16 OF THE TlBURON MUNICIPAL CODE, PERTAINING TO REGULATION OF UTILITY DISTRmUTION POLES AND FACILITIES". MOTION: Moved: Vote: to adopt seconded reading Thompson, Seconded by Hennessy AYES: Hennessy, Thompson, Matthews, Gram NOES: None ABSENT: Bach Vice Mayor Gram requested Staff to respond back as soon as possible on the process to be used for the adopted ordinance. Town Manager Kleinert noted the purpose of the ordinance is to provide a forum to understand what the utility companies are doing and why. - 8. APPEAL OF DESIGN REVIEW BOARD DECISION - 430 Ridge Road - (Appeal of Decision to grant variance for remodel of single family residence): AP No. 55-212-04 - Mark Garay, Applicant; Fred & Casey Hannahs, Appellants - Continued from August 18 & September 1, 1999 (Request for continuance to October 6, 1999) G. UNFINISHED BUSINESS 9. ZELINSKY P ARKIPLAZA IMPROVEMENTS (Review Conceptual Plan) Councilmember Hennessy recused herself. Town Manger Kleinert reported Mayor Bach has been working with Bruce Ross and the Town Engineer in attempting to formalize some improvements to the area located behind the new Library and Town Hall parking area for the proposed Zelinsky family plaza. Bruce Ross then reviewed a conceptual plan to grade the area, place a 6" pipe in the drainage swale and cover the swale with earth, and realign the existing path. He noted a 2% slope would be created from the drainage swale to the radius of the new path. The plaza area would be cleaned up and defined. Later down the road, as funds become available, the committee would like to see some more definition constructed in the form of trees or trellis structure around the path. He has not done a cost estimate for the preliminary work. If Council approves this plan in concept, then the environmental review process could begin and a cost estimate put together. - Town Council Minutes # JI72 September 15, 1999 Page 3 I'*"' Mr. Ross noted the grass outside the plaza area would remain natural. He has reviewed the conceptual plan with Ed Zelinsky and Mr. Zelinsky is pleased. Town Manger Kleinert reported the Mayor envisions a bench around the loop path divided into sections to allow people to walk through. Council recommended the Heritage and Arts Commission be requested to look into some kind of memorial to the Zelinsky family, other than a plaque. Councilmembers Thompson, Gram and Matthews expressed their desire to have the plan proceed. Staff was directed to prepare an ordinance to streamline the process H. STAFF & TOWN MANGER REPORTS 9. MAIN STREET ASSESSMENT DISTRICT (Oral Report by Town Manager) --- Town Manager Kleinert reported on an informal meeting with some of the involved property owners, and there was general agreement with those in attendance about the proceedings, process, cost of the project, cost spread, and the method of spreading the benefits. He noted certain changes are being made by the Assessment District Engineer in the benefit allocations. He expressed his concern that the process takes a certain amount oftime and things must keep moving in order to meet the January/February 2000 construction period. He noted that Bond counsel will be sending out a request to the property owners to eliminate the protest period after Council action, ifthere is unanimous agreement by the property owners. I. COMMUNICATIONS 1 L PROPOSED COUNTY JET SKI ORDINANCE (Memorandum to Marin City and Town Managers, dated September 7, 1999) Town Manager Kleinert reported the proposed ordinance has been reviewed by the Planning Director and Chief of Police. Their question is how would the Town enforce the Ordinance? He noted the ordinance makes sense in Richardson Bay because of the Audubon society. He recommended the Town support the ordinance if the RBRA supports it also. Councilmember Thompson noted the County has a new rescue boat and two jet skis for enforcement. Planning Director Anderson noted the Town would have to draft its own ordinance. He feels it would be nice to keep jet skis out of Richardson Bay but is not sure keeping them out of San Francisco Bay would be appropriate. Town Manger Kleinert questioned if the Town wants an ordinance on the books that it can not enforce. He noted the Town could ask the county of enforce the ordinance. --- Town Council Minutes # 1172 September 15, 1999 Page 4 ~ Councilmember Thompson will be representing the RBRA before the County on this matter and he will report back to the Council on any discussion/action taken by the County. J. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Vice Mayor Gnun "'jo"""", tho "","0'" "" PM. .~ ~" THOMAS GRAM, VICE MAYOR Town of Tiburon A~ 0.- lli1NE L. CRANE, TOWN CLERK r-- --- Town Council Minutes # 1172 September 15, 1999 Page 5