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)
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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.
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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
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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
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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.
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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
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D I ) KULI . MAYOR
ATTEST:
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LEA S I EIFA 1. TOWN CLERK
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