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HomeMy WebLinkAboutTC Min 2019-07-17 TOWN COUNCIL SPECIAL AND REGULAR MEETINGS MINUTES SPECIAL MEETING — 6:45 P.M. On Tune 19, 2019, the Council held a special meeting as follows: CALL TO ORDER AND ROLL CALL PRESENT: COUNCILMEMBERS: Fredericks. Kulik. Weiner ABSENT: COUNCILMEMBERS: Fraser. Thier INTERVIEWS FOR VACANCIES ON TOWN BOARDS & COMMISSIONS • Larry Drew, Belvedere-Tiburon Library Agency Board of Trustees • Susan Wolfe, Belvedere-Tiburon Library Agency Board of Trustees • Leslie Lava, Belvedere-Tiburon Library Agency Board of Trustees ADJOURNMENT—to regular meetin,; REGULAR MEETING — 7:30 P.M. Mayor Kulik called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, July 17, 2019, in Town Council Chambers. 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Fredericks. Kulik. Welner ABSENT: COUNCILMEMBERS: Fraser. Thier PRESENT: EX OFFICIO: Town Manaoer Chanis, Town Attorney Stock, Chief of Police Cronin. Director of Administrative Services Svveltzer, Associate En-ineer Eshoo, Town Clerk Stelanl ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY ORAL COMMUNICATIONS There were none. CONSENT CALENDAR CC-1. Town Council Minutes —Adopt minutes of June 5. 2019 special and regular meetings (Department of Administrative Services) Page 1 (?/6 Town Council Minutes #12-2019 .Iuh17, 2019 CC-2. Town Council Minutes— Adopt minutes of June 19. 2019 special and regular meetings (Department of Administrative Services) CC-3. Municipal Code Amendments —Adopt amendments to Chapter 25 of the Tiburon Municipal Code relating to unmanned aerial systems (UAS). or drone. operations in the "Town of Tiburon (Department of Administrative Services) CC-4. Local Emergency —Adopt Resolution continuing the declaration of a local emergency related to damage caused by February 2019 storms (Office of the Town Manager) CC-5. Belvedere-Tiburon Library Expansion Project—Authorize a budget amendment in the amount of$150,000 to make a contribution toward the library expansion project (Office of the Town Manager/Department of Administrative Services) CC-6. Grand Jury Response—Approve Town's response to Marin County Civil Grand Jury Report: Wildfire Preparedness: A New Approach (Office of the Town Manager) CC-7. Management and Unrepresented Employees —Adopt Resolutions amending management and unrepresented employee recognition and incentive compensation programs for FY 2019-20 (Department of Administrative Services) CC-8. Investment Summary—Adopt investment sLunmary for month ending May 30. 2019 (Department of Administrative Services) CC-9. Letter of Support for Golden Gate Ferry —Ratify Mayor's signature on letter of support for the Golden Gate Bridge, Highway and Transportation District's application for federal grant finds for the purchase of a new high-speed ferry (Office of the Town Manager) MOTION: To adopt Consent Calendar Items No. 1-9, as written. Moved: Fredericks, seconded by Welner VOTE: AYES: Fredericks, Kulik, Welner ABSENT: Fraser, Thier PUBLIC HEARINGS PH-I. 2000 Paradise Drive— Consider encroachment permit application by the Caprice Restaurant for the use of a portion of the public parking lot at the intersection of Paradise Drive and Mar West Street as a drop off and pickup valet service location (Department of Public Works) Associate Engineer Eshoo summarized the applicant's proposal. including a recommended revision to move the location of the proposed valet stand across the street due to traffic safety concerns. He reviewed the applicant's plan for valet parking to use the parking lot across Paradise Drive from the Caprice as a drop off and pickup service location from 6-10 p.m. daily. The Council and staff discussed the illumination of the valet parking signs. Eshoo said staff still needs to work with the applicant on plans for winter illumination. Jennifer and Jerry Dal Bozzo, applicants, explained the necessity of valet service for the elderly and disabled. and to alleviate parking congestion around the restaurant. They also noted that the previous restaurant owners had offered valet for many years. but in a much less safe manner. Mr. Dal Bozzo said staffs recommendation for a reconfiguration \N as acceptable to them. Page 2 (?1'6 Toivn Council Alinule.s #12-2019 July 17, 2019 Mayor Kulik asked the applicants if they would be responsive to working with staff on any concerns that may arise. Mr. Dal Bozzo said they would be. Mayor Kulik opened the floor for public comment. Susan Wolfe. Paradise Drive, thought a different parking lot would be a more appropriate place to park the cars because diners would not have to cross Tiburon Boulevard. She liked the valet service location. but suggested the signage make it explicitly clear that the parking lot was still open for parking. Hank McWhinney, Point Tiburon Bayside, expressed concern over the route the valet attendants will take to park the cars in the parking lot. He asked the Council to ensure the attendants only use Tiburon Boulevard and not the route through the condominium complex. Mayor Kulik closed the floor. Vice Mayor Fredericks asked staff to comment on Mr. McWhinney's concern. Town Attorney Stock said it could be a condition of the Memorandum of Encroachment that valet attendants only use the public right of way. He added that the Memorandum of Encroachment is revocable at any time. Town Manager Chanis added it would likely be incumbent on the applicants to properly train their employees and valet attendants. Councilmember Weiner supported the concept and said it was important that the Council try to make this application work for the applicants. He reiterated the fact that the permit was revocable at any time, so the applicants are incentivized to work through any problems that arise. He agreed that the appropriate signage to make explicitly clear that the parking lot was still open was appropriate. Fredericks thought the proposal cured a long-standing safety issue and does not impede access to existing parking. She said she supported the staff's recommended relocation of the valet stand. Mayor Kulik said the town is fortunate to have new enterprises willing, to invest in revitalizing the downtown_ and believed the Council should enable the new businesses to thrive. Ile wanted to be sensitive to long-term residents' concerns. but said the staff would be responsive to any problems that arise. He agreed this proposal cured a long-standing safety issue. Kulik suggested signage to note the parking lot is still open for parking. a stipulatIOII that the valet attendants only use the public right of way, and an appropriate review period. MOTION: To direct staff to prepare a Resolution approving the encroachment permit application, as amended, with a 180-day review period as stated in Planning Commission Resolution No. 2018-05. Moved: Fredericks, seconded by Weiner VOTE: AYES: Fredericks_ Kulik, Weiner ABSENT: Fraser. Thier P(,(,c 3 of 6 Torn Council_11initles 1/12-2019 I7. 2019 PH-2. .5 Main Street— Consider encroachment permit application by Mina TBD Restaurant for the use of a portion of an existing loading and unloading zone on Paradise Drive as a drop off and pick up valet service location (Department of Public Works) Associate Engineer Eshoo summarized the applicant's proposal to set up a valet service location in the existing drop off& pick up location on Paradise Drive. He explained the location of the proposed service location and said attendants will not use the public right of wvay to park and retrieve vehicles from the parking location. He added the applicants are willing to work with other restaurants in the vicinity to share the valet service. Staff also noted that while the applicants had requested valet service 7 a.m.-2 a.m. daily, the Planning Commission had recommended approval for 5 p.m.-2 a.m. Eshoo reviewed staff's proposal for a reconfiguration of parking and loading zones in the area to accommodate the valet service location. Ile said the net result would be two additional ferry parking spaces and during the day, two additional quick stop spaces for businesses. Vice Mayor Fredericks expressed concern about the new parking and loading zones blocking accessibility to public transit or creating pedestrian safety issues. She asked if the applicants were considering these conflicts because there would be a lot of pedestrian and car movement. Town Manager Chains said staff is aware that this is the most critical issue related to the request. Councilmember Weiner asked if staff or the applicants had considered what would practically happen when cars are waiting for the valet. Staff and the Council discussed the practical logistics of the traffic movement. Chief of Police Cronin said an officer would be assigned to the area to observe at the beginning, and adjustments can be made as necessary. Weiner liked the idea of other businesses sharing the valet. Chanis noted that the logistics and cost sharing approach would be agreed to between the businesses, but the Council would be establishing this location as the valet service location. Staff added that any additional requests would require a separate encroachment permit agreement and hearing before the Council. Mayor Kulik invited the applicant(s) to speak. Tim Flowers said the valet attendants are trained to be conscious of congestion and to help facilitate smooth operations. He reviewed the logistics of their proposal. including a map of the valet stand and the operations of the valet attendants. He also asked the Council for flexibility in determining the lot they will use for parking the cars as they have been in discussions with more than one lot. Of the hours of operation. Mr. Flowers said the business requested a 7 a.m. valet start time to accommodate breakfast and brunch if necessary. He said they would like to have the opportunity to offer that service. Mr. Flowers also said the applicants are wiling to work with the other businesses to develop a cost-effective solution to sharing the valet stand. but have not worked out the logistics yet. Mayor Kulik asked Mr. Flowers to speak to the necessity of the valet stand. Mr. Flowers said the restaurant wants to begin serving customers at the curb. I-ie explained that ride-share services can Pu��c 4 of 6 TMrn Council Minutes ii12-2019 Juh% 17, 2019 cause more congestion and confusion at the curb than valet services do. Ile explained the sense of comfort and safety guests feel with valet, in addition the accessibility benefits. The Mayor asked the Chief of Police to comment on the valet`s involvement with traffic management. Chief of Police Cronin said valet can take steps to alleviate congestion in the immediate are of the valet. but they would not direct traffic. Fredericks asked if the encroachment permit was transferable. Town Attorney Stock explained the memorandum of encroachment would be issued to the business and would not be transferable. He said anv additional restaurants wishing to use the valet stand would need to request their own memorandum of encroachment. Mayor Knlik opened the floor for public comment. Ed Lederer, Point Tiburon, disagreed that valet service was necessary. He expressed concern about the long hours of operation and said the area is already extremely congested. He said there could be a liability for emergency vehicles trying to drive through the area, and loud street noise as late as 2 a.m. would create an urban-like atmosphere. Michael De Nitto, A&C Ventures, said downtown tenants and visitors often complain that parking is the biggest challenge in downtown Tiburon. He believed valet parking to be a crucial part to additional development and reinvestment in downtown Tiburon. Ashley Kristensen, Angel Island Ferry, agreed that there are congestion issues in the area but liked the idea of additional reconfigured parking space across the street. She wondered how the valet would be impacted by local events that close Main Street. Cynthia Holden. Porto Marino Drive, spoke about the existing congestion and said she has noticed double-parking in the area when the ferries dock. She wondered how to prevent abuse of the valet parking for those people that might valet their car and then leave on the ferry all day. Mayor Kulik closed the floor and asked Mr. Flowers to comment on the issues brought up. Mr. Flowers said they v,ould not condone abuse of the valet stand and would need to develop some way to validate proper usage. He also said the restaurant would like to offer lonoer valet service. but 5 p.m. start time was recommended. Fredericks asked staff if the encroachment would be permanent. She also spoke- in support of the application for 5 p.m.-2 a.m. daily service. She said the permit can be revised later if more time is needed. She expressed concern about traffic and pedestrian conflicts and recommended the Council conduct a review of the operation based on the months the valet service is most used. Town Attorney Stock s�dd the Council would not be granting a permanent encroachment. He said it is indefinite. but revocable at any time. He clarified that any review schedule Nvould likely be based on the review �,chcduled the Planning Commission already established. IaucSof6 Tolrn C'ntmcrl 1-lrntiics r' 1'-2019 Ji�h 17. 2019 Welner saw the appeal of valet. but said this location has a lot of preexisting traffic complexity. He wondered if the decision required more analysis. Fredericks agreed that there were considerable traffic and congestions risks. but felt comfortable approving the permit with a review period to review concrete data as soon as possible. Mayor Kulik agreed it was important for the Council to enable the success of the restaurant. but noted it would be a large disruption to traffic and the neighbors. He agreed a short review period would be appropriate and wanted to empower the staff to oversee the operation as much as possible. The Mayor asked the Council to consider extending the time frame for valet operations to accommodate brunch on weekends only. Welner agreed with the Mayor's suggestion, and Mr. Flowers said I 1 a.m. start time for valet on the weekends would coincide with their brunch hours. The Council discussed an appropriate review period for the encroachment permit. and aprced to review the application every 90 days for 1 year. MOTION: To direct staff to prepare a Resolution approving the encroachment permit application.. as amended, including a Town Council review period of every 90 days for a period of l year. Moved: Fredericks, seconded by Welner VOTE: AYES: Fredericks, Kulik, Wehner ABSENT: Fraser. Thier TOWN COUNCIL REPORTS None. TOWN MANAGER REPORT None. WEEKLY DIGESTS_ Received. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon. Mayor Kulik adjourned the nneeting at 9:18 p.m. 1 f f D I ) KULI . MAYOR ATTEST: Z LEA S I EIFA 1. TOWN CLERK Pe c6of6 % 1�. 2019 I-Mrn Council 211inutcs 412-2019 Jzrh