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Council Chambers 525 San Anselmo Avenue, San Anselmo

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Council Chambers 525 San Anselmo Avenue, San Anselmo TOWN OF SAN ANSELMO TOWN COUNCIL AGENDA January 23, 1990 Town Hall - Council Chambers 525 San Anselmo Avenue, San Anselmo 7:30 p.m. Closed session regarding pending litigation pursuant to Government Code Section 54956.9(c). 8:00 p.m. 1. Call to order. 2. Open time for public expression: The public is welcome to address the Council at this time on matters not on the agenda. Please be advised that pursuant' to Government Code Section 54954.2, the Council is not permitted to take action on any matter not on the agenda unless it qetermines that an emergency exists or that the need to take action arose following posting of the agenda. 3. Consent Agenda. (At the request of any Councilmember, any item on the consent agenda may be removed and discussed as a separate agenda item.) (a) Approve Minutes: January 9, 1990. (b) Waive reading and adopt ordinance rezoning property generally located at 49 Cedar Avenue, A/P 7-222-44, from R-2 to Specific Planning Development R-1, and Preliminary Planned Development Multi-Unit. (c) Acknowledge and file application for state funds for repairs to library. (d) Appeal of Planning Commission's decision to issue a Notice of Violation in creation of the lot, and approval of a Conditional Certificate of Compliance, Nancy L. Thurmond, etal, and Robert L. Thurmond, etal, end of Oak Springs Drive, A/P 5-291-06: Continue to February 27, 1990. (e) Approve plan to improve employee parking lot. (f) Waive reading and adopt ordinance repealing Chapter 16 of Title 4 of the Town Code currently entitled "Solicitors and Peddlers" and enacting in its place a new Chapter 16 of Title 4 entitled "Charitable Solicitation." (g) Announce expiration of term, Robson-Harrington House Association Board of Directors. 4. Discussion regarding request for funding from the Campaign for a Healthier Community for Children. f --·rC}~~-' ;~ 5. Adopt ordinance amending Title 9 of the Municipal Code, . adopting the 1988 Uniform Building, Mechanical, Plumbing-, Housing, Solar Energy, swimming Pool, Spa and Hot Tub Codes, with local amendments. i 6. Discussion regardirtg updating the Housing Element of the I General Plan. : I ' 7. Appointments: (a) Applications for Board of Review. (b) Applications for Seminary General Plan Advisory Committee. I 8. Discussion regarding proposal for a countywide planning agency. (Zaharoff) [ ! 9. Council requests f9r future agenda items, comments and directions to staff; staff miscellaneous items. 10. Adjournment. I There will be a 15 minute break at approximately 9:15 p.m. Any item not under discussi~n prior to 11:00 p.m. will be continued to the next regular meeting. Next regular meeting: February 13 I 1990 • ! If any of the matters d~scribed above are challenged in court, you may be limited to r~ising only those issues you or someone else· raised at any public hearing described on this agenda, or in written corresponden9e delivered at, or prior to, this Council meeting. I certify that this agebda was posted on-the Public Notice Bulletin Board outside the Council Chambers on January 19, 1990. I . f ..... t.J~ • .·~--~--~- --,.-;------· TOWN OF' SAN ANSELMO TOWN COUNCIL MINUTES OF JANUARY 9, 1990 .., r., .'·.'. Mayor Walsh convened the regular meeting at. 8:00 p.m. with Councilm~mbers Colteaux, z.aharoff, Sh,arp a~d Chignell present. · · · 2. OPEN TIME FOR PUBLIC EXPRESSION Town Attorney Hadden Roth reported that Nome vs Tow.n ·of San Anselmo\vas depublished, by the California Supreme court which, in this case is equivalentto a reversal. · . ' . Police Chief Sernard Del Santo said that a speeding violation was. recently been thrown out of court · · because the Kilometer signs seem to be too big and confUsi.ng for motorisis, Commissioner Sharp suggested that this item be referred to the Traffic Saf~tyCom'mittee for further review.. 3. CONSENT AGENDA ;.. (a) Appmve Minutes: Decemb_er l2,1989 . (b) Acknowledge and file warrants': Nos. 1~-1948; in the amount of $1,024,689.37 (c) Adopt Resolution calling for Town election on April 10, 1990, requesting consolidation with other elections in the County, requesting election services by the County Clerk, an<;! providing for' candidates statement of qualifications. (d) Adopt Resolution approving the 1988/89 to 1992/93 major tran.sportation projects in Marin county as recommended by the Marin County Urban System Committee (e) Adopt Resolution authorizing application for participation in the California Energy Commission Energy Partnership Program_ · Chigiiell requested clarification about warrant# 1765-CPONCPOERT which .is listed as dues. He was under the impression that Council did not want the taxpayers money to go for this. Chief Del Santo clarified that it was for a legal publication, not dues. M/~.Sharp, Chignell, to approve the Consent Age~da. Motion passed unanimously. 4. INTRODUCTION OF ORDINANCE REPEALING CHAPTER 16 OF TITLE 4 OF THE TOWN CODE CORRENTLY ENTITLED "SOLICITORS AND PEDDLERS" AND ··ENACTING IN ITS PLACE A NEW CHAPTER 16 OF TITLE 4 ENTITLED "CHARITABLE SOLICITATION."· . · Town Attorney Roth reported that the proposed ordinance results from the settlement in the ACORN case. He noted that it makes clear itiat·potitical fundraising is not subject to the provisions of the charitable ordinance and has a fast review time in the ev~nt of a dispute. Cltignell asked for (1) clarification-on Sectio·n 4-16.12 Vfolations"and; (2)wondered if the Plaintiffs .. atton1ey had requested any specific inclusions. Attorney Roth'said h.e would like to oive the Tmuft-f.h~0 -. ------~ ~q1 ~JOJ~J~q 1 spnpoJd JO ~un M~u u UJ 8umnd lOU ~J'B i\~ql l'Bql p~1u1s ~H ·s~I:>Jq~A J~8u~ssud JO S}{~Ull .{i;)t.ngp Jt?UOJl!PPt? gleJgug~ lOU iHM spOOd 3UJAr:I JO UOJSUedxg gql P!RS U!glSU;)qn'N uer ·gminj gqi UJ SUOJlt!RlJS Jt?J!W!S gz1u3oogJ pJnOM n:>uncr.:> gqi pgdoq pue gJninJ gq1 U! 3u1puedxg UJ pgisgJglU! os1e seM. s1g3!N ieqi pgie1s gH ·pgpgjje ;\JgsJgt.pe' 1ou SJ 3upped gq1 se .3uo1 .se gnugt.y pJgyuggJD uo ssg~1snq gq~ JO A:ue JO uoisuedxg JOJ uo1i~fqo ou·peq gq pg1e1s 'gmlJUJnd s1g3!N 3unugsgidgi .{guJonv sup1ugr a sgpeq::::> "UOJSpgp JJgql 111 ~An'l~fon ~o n'lunCY'\ ~m mm n•nsgnbgJ ~u oue gJOJS gUJ lUgnb~JJ k>Ul gsn~gq spoo. .:r 3UJAJ'T lOJ _,,... TOWN OF SAN ANSELMO ' \ TOWN COUNCIL MINUTES OF JANUARY 9, 1990 !;t ! - j 6. APPEAL OF PLANNING COMMISSION APPROVAL OF V-2308, LIVING FOODS, 218 AND 222 GREENFIELD A VENUE, AP 6-173-16, PARKING VARIAN CE TO EXPAND THE EXISTING STORE, WHICH CURRENTLY OPERATES AT NO. 222, INTO THE ADJACENT BUILDING KNOWN AS NO. 218. Jan Rubenstein, owner of Living Foods and Walter Robb, General Manager, were present. Director of Public Works/Planning Kottage, presented the staff report. Given the existing excess demand for parking spaces in the vicinity of this store, staff strongly recommended against expansion of this store and for Council to uphold the appeal. Police Chief Del Santo said that there have been many citations issued because of the continuing traffic problems on Greenfield Avenue. The delivery trucks for Living Foods continues to double park at all times during the day which c:aused additional traffic problems. He felt that the intensity had not decreased. Sharp asked if the Goodrich Report specifically addressed any alternatives for additional parking between Spring Grove and Sequoia. He also wondered if there have been other studies done of the area. Walsh stated that on behalf of the Parking Committee, she asked for the Consultant. The traffic study addressed various parking alternatives. There has only been one study done because of the cost factor. Abe Froman, owner of Bravermans ·Furniture, 208 Greenfield Avenue, said that Bravermans is a family owned operation that has be~n there for 50 years. He has appealed the approval of the use permit because he wants to assure the survival of his business in San Anselmo. The Goodrich Traffic Study said that 90% of the traffic is generated by Elan's Fitness Center and Living Foods. That leaves only 10% left over for all the other businesses on Greenfield. He felt that there is currently a serious parking problem in the area and to increase the intensity of use for Living Foods would increase an already bad parking situation. He noted that his specific objections are included in his letter of appeal to the Town Council dated November 14, 1989. Walter Robb, General Manager of Living Foods, said the store has been in San Anselmo since 1985 and is also family owned. He stated there have been comments that Living Foods started out as a produce store and has grown considerably. There is no documentation in the Town files to verify that and the owner does not agree with that statement. He feels the use has never changed. With regard to the Goodrich Study, he said that only one time did the total demand exceed the maximum and that was on a Saturday. He did not feel the Study was very creative or provided accurate information relative to the staff of Living Foods. He did not feel the Staff Report accurately addressed the number of people based on the transaction counts of the Store. He did not agree that there would be an increase of 90 cars per day because of the proposed 1,500 square foot increase in space. Mr. Robb felt that Living Foods draws customers for the other merchants on Greenfield. To his knowledge there has been no record of complaints about parking except for Mr. Froman. He stated that he agrees there is a parking problem but did not think the increase in space would add to that problem.
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