HomeMy WebLinkAboutTC Res 1998-10-21 (5)
!
I"""
RESOLUTION NO. 3305
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON REGARDING POSSmLE
FUTURE IMPROVEMENTS TO MAIN STREET TO
FACILITATE PROVIDING WHEELCHAIR ACCESS TO
DOWNTOWN PRIVATE BUSINESSES
WHEREAS, in 1995, several property owners and business owners (collectively,
"Defendants") in downtown Tiburon were sued for alleged failure to comply with the Americans with
Disabilities Act, in an action entitled Connally v. Main Street Properties et al., ; and
WHEREAS, the basis of the Connally litigation was the plaintiffs' allegation that the
Defendants' properties were not accessible to persons in wheelchairs as required by the Act; and
WHEREAS, in an attempt to settle the Connally litigation, the Defendants applied to the
Town for encroachment permits for several properties located on Main Street and one property
located on Tiburon Boulevard, to allow the construction of wheelchair ramps on the Town's
sidewalks; and
r
WHEREAS, after a duly noticed public hearing, the Town Council approved one of the
requested permits, for the property located on Tiburon Boulevard, but rejected the other applications;
and
WHEREAS, the Town Council rejected the Main Street applications because the record
demonstrated that the proposed wheelchair ramps on Main Street were infeasible for the following
reasons, without limitation:
1. The Main Street sidewalks are only five feet wide and the proposed ramps would be
four feet wide. Accordingly, the ramps would leave insufficient room on the
sidewalks for able-bodied pedestrian traffic and for mobility-impaired persons not
seeking access to the Defendants' properties.
2. The ramps would extend beyond the frontage of the Defendants' properties. This
could impede access to alleyways and would preclude similarly situated neighboring
properties from installing ramps.
WHEREAS, the Defendants whose applications were denied contended that they could not
practically construct wheelchair ramps on their own properties and requested that the Town select
some manner of improvements to the Town's right of way that would accommodate accessibility
improvements for the Defendants' properties; and
I"'"
1
r-
I"'"'
-
--- ..-;:c-:~------
WHEREAS, because of the importance of the financial health of the Town's business
community and because of the public policy ofmaxirnizing accessibility, the Town agreed to consider
the type of modifications that it might allow to downtown Main Street in order to facilitate improved
accessibility of Defendants' properties and devoted substantial resources in the form of staff hours
and retention of accessibility and traffic consultants in the process of responding to the Defendants'
request; and
WHEREAS, the Town decided to consider possible accessibility modifications through a joint
task force formed with the City of Belvedere, because downtown Main Street is located in close
proximity to the City of Belvedere and is an important thoroughfare for many Belvedere residents;
and
WHEREAS, the joint task force held multiple public hearings between 1997 and 1998 and
prepared a final report dated August 27, 1998; and
WHEREAS, as a result of this process, the City of Belvedere offered up to $60,000 in
matching funds contingent on the Town's selecting a modification alternative that retained two-way
traffic flow on Main Street; and
WHEREAS, on September 16, 1998, at a properly noticed public hearing, the Town Council
considered the final report of the joint task force and heard public testimony regarding various
alternative accessibility modifications and determined by a vote of three to two that it would prefer
the two-way alternative described in the report (Mayor Matthews, Vice Mayor Bach and
Councilmember Gram voting aye for the two-way alternative and Councilmembers Hennessy and
Thomas voting no, the latter preferring a one-way alternative).
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town ofTiburon to
direct staff as follows:
1. Staff shall assist the Defendants and any other interested property and/or business owners in
further developing the two-way alternative described in the final report so that it may be
considered for final approval. This will involve preparation of a project description and plans
and drawings and completion of the environmental review process required by the California
Environmental Quality Act ("CEQA"), Public Resources Code ~~ 21000 et seq.
2. The proposed project is for the benefit of Defendants' properties and the Council intends that
the Defendants shall remain primarily responsible for the proposed project. However,
although the Town has already made substantial contributions to the project in the form of
staff time and retention of consultants, the Council is willing to consider further assistance.
Accordingly, staff shall return to the Council with financing alternatives for the project that
may include Town contributions to the overall cost of the project. These options will include
pursuit of the City of Belvedere's offer to contribute up to $60,000.
2
."
r.
r.
r.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town ofTiburon
on October 21, 1998 by the following vote:
AYES:
COUNCIL MEMBERS:
Bach, Gram, Matthews
NOES:
COUNCIL MEMBERS:
Hennessy
ABSENT:
Thompson
COUNCIL MEMBERS:
7/.'1 s 711..ttfo..$
HARRY S. MATTHEWS, MAYOR
Town of Tiburon
DIANE L. CRANE, TOWN CLERK
3