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HomeMy WebLinkAboutTC Min 2006-07-05 TOWN COUNCIL MINUTES CALL TO ORDER Mayor Smith called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, July 5,2006 , in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: Fredericks, Gram, Smith Berger, Slavitz PRESENT: EX OFFICIO: Interim Town Manager Bigall, Town Attorney Danforth, Planning Manager Watrous, Director of Public Works/Town Engineer Nguyen, Chief of Police Odetto, Interim Director of Administrative Services Stott, Town Clerk Crane Iacopi Prior to the regular meeting, Council met in closed session to discuss the following: CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Section 54946.9(a)) Town ofTiburon v. Siciliano Sylvia v. Town ofTiburon Town ofTiburon v. Sylvia County of Marin v. Martha Company ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION" IF ANY Mayor Smith said that no action was taken in closed session. ORAL COMMUNICATIONS None. INTRODUCTION · New Police Officer - Rob Dehner Town Council Minutes # 13-2006 July 5, 2006 Page 1 Chief of Police Matt Odetto introduced the new officer, who was hired from the San Rafael Police Department. Mayor Smith administered the oath of office and Mrs. Dehner pinned her husband's badge. The Council welcomed Officer Dehner to the Town of Tiburon. CONSENT CALENDAR 1. Approval of Town Council Minutes - June 21,2006 2. Recommendation by Interim Director of Administrative Services - Accept May 2006 Town Investment Summary 3. Recommendation by Interim Town Manager - Reply to Grand Jury Report regarding Agendizing Responses 4. Recommendation by Interim Director of Administrative Services - Point Tiburon Community Facilities District Special Tax Levy for Fiscal Year 2006-2007 a) A Resolution of the Town Council of the Town of Tiburon LevYing a Special Tax Rate for the Property Tax Year 2006-07 Community Facilities District No. 1985-1 Point Tiburon Development Town of Tiburon, Marin County, California 5. Recommendation by Chief of Police - Approve Belvedere- Tiburon Labor Day Parade Route and Temporary Street Closure MOTION: Moved: Vote: To adopt Consent Calendar Item Nos. 1 through 5, above. Gram, seconded by Fredericks AYES: Unanimous ABSENT Berger, Slavitz REGULAR AGENDA 6. Recommendation by Public Works Director/Town Engineer - Provide Temporary Additional Overflow Parking at Blackie's Pasture Director of Public Works/Town Engineer Nguyen said that the overflow parking lot at Blackie's Pasture had been made available to the successful bidder of the Lyford Cove undergrounding construction project at the time the bid documents and contract were drawn up. He said that the Town had since attempted to find alternate locations for staging but that the contractor, Maggiora Town Council Minutes # 13-2006 July 5,2006 Page 2 & Ghilotti, had opted to exercise their right to use the area for a primary storage and staging facility for the project. Mr. Nguyen said that Town staffhad devised two options to create additional public parking in the area by utilizing portions ofBlackie's Pasture. He said that option No.1 would create an additional 24-30 spaces, while option No.2 would create up to 50 spaces. The area would be designated by special signage directing the public into the pasture and would be cordoned off by removable fencing and stanchions. He said that Staff recommended Option No.1 for Council's approval. Vice Mayor Gram asked how many spaces had been lost in the overflow lot. Mr. Nguyen said that he estimated 60 -100 spaces had been lost, depending on how people parked in the lot. Mayor Smith said that he met with Maggiora & Ghilotti to discuss alternate staging areas closer to the construction project and/or to pull back and use only half of the overflow 101. The mayor said that the contractor had stated specific construction reasons for using the overflow parking lot and that both the contract and bid documents authorized use of the entire overflow parking area. He said that the contractor had exercised this option; Smith noted that the use was limited to the period of the Lyford Cove project. Mayor Smith added that as the project progressed, he was still hopeful that the contractor could pull back and use less of the lot. However, he said that since summer was here, parking was needed and that the pasture area should be opened up. Mayor Smith opened the public hearing. Bruce Abbott, Greenwood Beach Road, read a statement into the record that referenced the acquisition of the area through a 1972 bond measure passed by the people of Tiburon which stated that the lands would be used solely as open space and for recreational purposes. Abbott said that any change to that use would require approval by a two-thirds vote and that the Council had no authority to allow the current use. Mr. Abbott said that the Council had reaffirmed its commitment to the "passive use" of the area through its recent adoption of the new General Plan. He asked that the Council "purge our open space of this grossly offensive intrusion and restore it to its designed purpose." Larry Smith, citing his involvement with Blackie's Pasture over the last 15 years, said that the Town should be looking for solutions and that it was "ridiculous" to lose 50-100 parking spaces during the heaviest use season. Smith reiterated his suggestion (from the previous Council meeting) that the contractor should move to the land over the [Shapero] bridge next to the trestle which had historically been used by the Town for storage of plant and other debris and had recently been cleaned up. He asked what it would take to persuade the contractor to relocate. Vice Mayor Gram asked if that area had in fact been discussed with the contractor. Town Council Minutes # 13-2006 July 5,2006 Page 3 Project Coordinator Bassett replied that at the time the documents were being drawn up, she was told that this particular area could not be used for this purpose. Christopher Wand, President of the Reedlands Property Owner's Association, and Parks & Open Space Commission Chair, said that the Commission had not been asked to evaluate the issue nor advise the Council on it. In fact, he said that the Commission not heard about it prior to the recent discussions. Mr. Wand suggested that in future the Council might want to approve any use of the are~ by vote. Petey Stein, President of the Tiburon Peninsula Foundation, also stated that she had heard nothing about the use of the overflow lot and that TPF had planned a large event in the area in the Fall, in conjunction with the Blackie's book launch. She suggested that if an event is planned for Blackie's Pasture, that perhaps the alternative parking area could be taken down so that the entire [pasture] area could be utilized for the event. Councilmember Fredericks asked where people would park if the temporary parking area was removed. Ms. Stein said that the Library Bookmarks [group] was researching locations for additional parking for the September event. Mayor Smith asked what would be required to remove the fencing for an event. Mr. Nguyen replied that it would take six to eight man hours of labor. Joyce Tayer, long-time resident of the Reedlands, said that she was concerned that it was necessary to continually monitor the area and wondered why the General Plan was not taken into consideration in this instance. She said that she wondered whether the Town actually revered the concept of"park"; she stated that when she and her husband had been involved in its purchase, she thought it would be held "sacred." She asked that the Council "keep it the way it's supposed to be." Karen Nygren posed the question of whether the Jewish holidays in September and October might conflict with the other large [TPF] event planned at the pasture. She noted that Kol Shofar often used the Baptist church parking lot on Greenwood Beach Road for overflow parking; she asked if there was any coordination of events and parking in that area. Mayor Smith closed the public hearing. Mayor Smith asked the town attorney to comment on Mr. Abbott's assertion that the Council had "no authority" over the use of the pasture area. Town Attorney Danforth said that the use of the overflow lot by the contractor was temporary rather than permanent, and that the Town was obligated to meet the terms of the contract, which predated the General Plan adoption. Town Council Minutes # 13-2006 July 5, 2006 Page 4 Mayor Smith said that Ms. Nygren posed a good question regarding the coordination of events and asked that someone on staff be appointed to monitor the situation and coordinator the reconfiguration of parking, as necessary. Councilmember Fredericks addressed the issue of "precedent" of use. She said that a contractor would never be allowed to use the pasture or parking area for staging for a private project, for example. She also said that the Council should consider a policy regarding places to stage and the appropriate uses of open space. Ms. Fredericks said that she would support Option No. 1 for additional parking, and asked that a public information campaign be launched to encourage people to park elsewhere for access to the multi-use path. Fredericks asked about the "no parking" turnouts on Tiburon Boulevard and whether they could be utilized for this purpose. Interim Town Manager Bigall said that she would refer this question to the Town's Traffic Safety Committee. Director Nguyen added that the areas on Tiburon Boulevard were part of the CAL/TRANS right-of-way. Vice Mayor Gram said that while he was initially surprised that area had been designated in the contract, he would vote for Option No.1 to create additional parking, as long as Option No.2 could be held in abeyance, if needed. . He agreed with the Mayor that a policy governing the overall use of the area was needed. Mayor Smith concurred with the above recommendation concerning Option No.1 and flexibility to increase the parking in Option No.2. He reiterated that the Town had attempted to work out another solution with the contractor but that the contract language was "clear as a bell." He said that he would continue to work with the contractor throughout the duration of the project. He also directed staff to install temporary signage to direct people to the newly created overflow parking area. Mayor Smith noted that it was unusual to have a project of this size in town; that the unusual circumstance plus the fact that there were few locations which were adequate in size contributed to the decision to use the overflow lot. He said that the Del Mar undergrounding proj ect was coming on line and that the Town was working on the issue of staging for that project. He noted that Lyford Cove undergrounding project was expected to last 250 [working] days. Moved: Vote: To provide additional parking in Blackie's Pasture utilizing Option No.1 and Option No.2, as needed, and to assign someone on staff to coordinate event parking for the duration of the project. Gram, seconded by Fredericks AYES: Unanimous ABSENT Berger, Slavitz MOTION: Town Council Minutes # 13-2006 July 5,2006 Page 5 PUBLIC HEARING 7. Report by Planning Manager - Appeal of Planning Commission Approval of Conditional Use Permit for Temporary Construction Staging Area on Vacant Lot in Lyford Cove for Utility Undergrounding Assessment District Proj ect Appellants: Address: Assessor Parcel No. Davis, Houghton, Wear, Diaz, Wenger 2240 Centro East 059-142-02 Planning Manager Watrous gave the report, stating that the Planning Commission had voted 5-0 to approve a conditional use permit to operate a temporary construction staging area for the Lyford Cove undergrounding project on a currently vacant lot located at 2240 Centro East. He said that a group of nearby property owners had appealed this decision to the Town Council and briefly reviewed the grounds of the appeal and staff s responses: 1) The construction staging area is not a permitted use in the R-2 zone. Watrous said that the zoning ordinance was not intended to be exhaustive but that the Planning Commission had the authority to review and approve uses. 2) The conditional use application submitted was incomplete. Watrous said that the Planning Commissioners had adequate information on which to base their decision. 3) The applicants use of the property before and after the conditional use permit was approved are grounds for revoking the permit Watrous said that the contractor had begun work on the lot prior to the (Planning Commission) hearing, that activity had ceased, and a separate hearing would be needed before the Planning Commission to revoke a permit. He noted that the Commission would review the permit in three months. 4) The staff report to the Planning Commission contained a number of inaccuracies: · Use of staging area would not reduce costs for the project Watrous said that while the contract price would not be affected, the district hoped to contain its overall costs and that the cost savings of using a local staging area would help offset possible overruns in other costs. Town Council Minutes # 13-2006 July 5, 2006 Page 6 · Staff report did not mention that extensive vegetation would be removed from the site Watrous agreed that the 15- foot barrier of vegetation that the contractor said would be left on the lot was now considerably less; however, he noted that the area had to be cleared to some extent in order to operate a staging area. · The site is not ideally situated for use as a construction staging area Watrous said that the staff report did raise the potential for impacts to nearby residents and these )Vere evaluated by the Planning Commission. · The construction staging area would not be reasonably compatible with the surrounding residential neighborhood Watrous again stated that the staff report acknowledged that "a permanent staging area would not typically be found in the midst of a single-family and two-family neighborhood; however, major construction projects, including construction of larger homes, often resulted in similar storage of equipment, construction supplies and job sheds, in many cases lasting longer than the period requested for the proposed staging area." He also acknowledged that undergrounding project may well involve a longer period of time and the use of more equipment than the construction of a new house. · The staging area would result in unwanted effects on surrounding residents Watrous said that the Planning Commission had included conditions of approval in its resolution in order to address the neighbors' concerns regarding movement of materials, noise, vibration and dust. He said that the resolution directed the Town Engineer to hold a pre-construction meeting with the contractor to set such conditions, as well as to discuss safety issues. He said that the contractor would be encouraged to utilize Best Management Practices, and that "any materials stockpiled on the site should be watered down, covered or otherwise treated regularly to minimize any potential dust." In addition, Watrous said that the Planning Commission addressed the noise issue by stating that "the staging area shall only be utilized between the hours of7:00 a.m. to 5:00 p.m. Monday through Friday and 9:30 a.m. to 4:00 p.m. on Saturday. Equipment on the site shall not be left running when not otherwise in operation." · Other sites area available elsewhere that would provide more appropriate locations for the construction staging area The Planning Commission did review alternatives presented at its hearing, including a vacant lot at 2359 Paradise Drive, Judge Field (TPC), an undeveloped lot adjacent to Bell Market, and the Town Council Minutes # 13-2006 July 5, 2006 Page 7 parking lot adjacent to the tennis courts on Beach Road, according to Watrous. He noted that most of these lots were not under the Town's control nor was it the contractor's responsibility to find alternative sites. Planning Manager Watrous said that the Planning Commission had made the appropriate findings under the Tiburon Zoning Ordinance; he recommended that the Council deny the appeal and direct staff to return with a resolution of findings at the next meeting. Vice Mayor Gram asked staff if the buffer of plants would remain on the lot. Planning Manager Watrous said that his understanding is that it would remain. Mayor Smith opened the public hearing. Appellant Dolores Davis spoke first. She said that she was "dumbfounded" by the information presented which she claimed was not what she heard at the Planning Commission hearing. Ms. Davis challenged the Planning Commission's decision and said that it [the staging area] was not a "similar and accessory" use as permitted in a R-2 zone under Section 4.04.17 of the Zoning Ordinance. On the second ground, Ms. Davis said that as the owner of an architecture business, she would never be allowed to submit an incomplete application like the one submitted by the contractor for the use permit. An example of incompleteness or inaccuracy, according to Davis, was the hours of construction that were stated three different ways in [each of the] bid documents, application, and staff report. Ms. Davis said that the materials placed on the lot were "toxic materials" (asphalt as opposed to gravel listed in the staff report), that the site plan contained no dimensions of the proposed dirt piles, and that she could not get "straight answers" from staff to her questions. On ground No.3, Ms. Davis said that the permit should be revoked because the contractor had shown up two days after the hearing and started using the lot before the appeal period had ended. She said that they had parked trucks on the lot and in front offire hydrants, had blocked the street, had cleared vegetation and put pilings on the lot. She also said that when she complained to a supervisor, he was rude and had threatened her. She said that it took eight weeks from that date for the "toxic materials" to be removed. With regard to alternate sites, Ms. Davis said that none of the areas in Lyford Cove had been offered as staging areas in the bid documents. However, Ms. Davis said that the Paradise Drive lot was preferable in that it was a clear lot with access. She said that the contractor had agreed that the Centro East lot was "less level and more dangerous." She said that the neighbors/appellants had videotaped trucks not being able to get out of the [Centro East] lot and that there were no flagmen to assist them. Town Council Minutes # 13-2006 July 5,2006 Page 8 Finally, Ms. Davis said asked what would happen if a piece of equipment broke loose and ran down the hill and into her home. She said that her son's bedroom was located on the wall at the bottom of the hill and asked how she would be compensated if her son was killed [as a result of an accident]. She said that she knew what the outcome of the hearing would be and she asked that the Council "put the clamps on" the contractor and make sure that he did what he was supposed to do. Appellant Milton Diaz said that he affirmed Ms. Davis' concerns. He said that the "aggressive behavior" of the contractor had turned the area into a "war zone." He said that while the neighbors were not opposed to the undergrounding project, it was a burden on such a small area of Lyford Cove. Mr. Diaz said that the contractor should be encouraged to look at staging in commercial locations, or at the very least, to rotate the staging areas among several lots. He said that no one really understood the scale of work, loading and unloading or trucks that would result, otherwise, more opposition would have been heard from the neighborhood. Mr. Diaz said that 2359 Paradise Drive had a clear entry into the lot and onto the right-of-way. He also said that Judge Field was a "huge, lovely site" which would make an excellent staging area. He noted that staffhad said that the TPC was unwilling to lease it, however. Diaz said that the Bell Market lot would be fine, and that the tennis court parking lot would have minimal impacts on the adjacent condominiums if noise mitigation measures were possible. Glenn Ghilotti, Vice President of Maggiora & Ghilotti, said that the contract documents had provided four possible staging areas and that his company had entered into an agreement with the owner (Mr. Eiselin) of the Centro East lot. He said that neither party knew that a use permit was required by the town for this use, but that they had applied for one as soon as it became evident. Ghilotti said that the Paradise Drive lot was not safe, as its line of site was bad and it sat on a curve. He said that traffic could not travel as fast on Centro East. Mr. Ghilotti said that one intent of using the lot was to be able to "get vehicles off the street." He agreed the that the project was a large one, involving an estimated 20 miles of conduit and 8,000 yards of dirt. He said that "all we are trying to do is lessen the impact" on the residents. Councilmember Fredericks asked why a staging area was so important. Mr. Ghilotti listed the amount of equipment needed for this project: 3-4 backhoes, 3-4 assisting vehicles, and two excavators. He said that to park this amount of equipment on the neighboring streets every day would leave no parking spaces for residents. In addition to equipment stored at this lot, Ghilotti said that pipes and vaults that were 8- feet wide and weighed 15 tons would be stored at Blackie's Pasture. These items would be loaded on trucks and brought into the neighborhood. Town Council Minutes # 13-2006 July 5, 2006 Page 9 In response to a question from Mayor Smith, Mr. Ghilotti said that the job would be winterized, on October 15, with straw walls and other erosion control measures, according to Best Management Practices. Ghilotti said that the lot would be re-seeded and vegetated after the completion of the project, per the agreement with the owner. He said that he would leave a 10-foot wide swath of blackberry bushes on the lot at this time. Mr. Ghilotti said that the materials he had stored on the lot were "class 4 base rock" which was not toxic, as alleged. However, he said that he had removed the material at the request of the town manager. In response to another question from the mayor, Mr. Ghilotti said that the work schedule had been delayed due to receipt of new plans from Pacific Bell which took precedent; he said that he was "going around in circles with paperwork," but was anxious to get going on the job. Vice Mayor Gram asked Mr. Ghilotti to address the safety concerns of the neighbors. Ghilotti said that this was an issue that he dealt with on a daily basis; he said that "we normally park [ equipment] sideways" and install a sand pile to prevent runaways. Councilmember Fredericks clarified that this meant parking parallel to the street (on Centro East). Mr. Ghilotti said that he would abide by the practice of parking equipment sideways. Vice Mayor Gram added that the neighbors would monitor the situation and would call the town ifhe did not. Vice Mayor Gram asked staff to clarify whether or not the owners of2359 Paradise Drive wauld be willing to allow the use .of their lot for staging. Project Coardinator Bassett said that in previous conversations the owner had indicated that they wauld be amendable. Gram asked staff to fallow up currently. Rabert Ellsberg, neighbor to the east of the [Centro] property, said that Mr. Eiselin was a "gaod neighbor." However, he described the density of the area and how "if one person moves aut .of the neighborhood, it impacts everyane" by tYing up traffic and making it "tight" for vehicles to come and go. He said that moving companies regularly parked downtown and trucked in goads to avoid this situatian. Mr. Ellsberg said that when he heard that there would be 1,000 truckloads of material for this praject, he found it incredible. He said that this would result in a torn up street, but nated that it wauld be restored as part of the praject. Ellsberg also said that there were drainage issues and that a lot of water flowed through a culvert and over the lot. He said that the scope of the proj ect was "too big" for this particular lot and would not work. Town Council Minutes # 13-2006 July 5, 2006 Page 10 Mary Rogers, 35-year resident of Centro East, said that the lot had been used for overflow parking for years; she encouraged the use of the lot for the project to "facilitate and push the project along," as she had waited many yea;-s to see the [overhead utility] lines come down. Carol Forrell, 37-year resident of Spanish Trail, concurred with Ms. Rogers' remarks. She said that the use of the lot was "brilliant" and noted that there were two ways in and out of that particular lot. She said that anyone who had lived in the neighborhood far a lang time was used to blocked streets and inconvenience. She asked the Council to look at bath sides and that ideally, this could be a good situation if some of the safety issues were addressed. During the rebuttal period, appellant Milton Diaz said that the Centro East lat was also on a blind turn (at the top of Solano) and continued to encourage the use of other lots. He rebutted the idea that staging [on Centro East] would keep project costs down and noted that the cantractor had also reversed himself on this issue since the original hearing. He said that they now stated they wanted to use the lot for "safety reasons." Mayor Smith closed the public hearing. Smith said that he had visited both lots and that bath had their constraints. He asked staff to monitor the situation for "opportunities to change and alter the way we stage the project." The mayor said that he wanted to hear about any problems between the neighbars and contractor, and gave out his telephone number and e-mail address. He said that the town manager should be copied on any correspondence. Councilmember Fredericks said that she understoad the contractor's concerns with the Paradise Drive lot because there was less street frontage and more vehicle speed coming around the curve. However, she said that it might work as an alternate, in some capacity. Ms. Fredericks said that the premise [of staging in the neighborhood] was that those wha benefit from the proj ect should also bear the burden. That being said, she encauraged the contractor to have his warkers carpool into the area, to install orange netting to catch any dirt that might drift downhill on the lot, and to create a sense of safety by parking equipment sideways, as agreed. She also said that a flagman on the blind curves of Solano would be helpful. She asked for courtesy and enforcement of these conditions in order to make a "painful pracess less painful." Vice Mayor Gram said that he had only heard of one viable alternative and that was the lot on Paradise Drive. He asked staff to contact the .owner to get an update on its availability. Other that than, he said that there were no alternatives and that he would vote ta deny the appeal. He also stated that he had cantacted two other cities which had stated their satisfaction on the performance of Maggiora & Ghilotti on local proj ects. Mayor Smith agreed; he said that this project was "pushing everyone to the limits." He said that he was concerned about losing the contractor and that having to re-bid the proj ect at a high cost which would have to come out of the town's general fund. Town Council Minutes # 13-2006 July 5,2006 Page 11 Mayor Smith said that the Town must meet its contractual obligation and hold the cantractor to theirs. The mayor said that Harris & Associates were the project managers and that they would be on-site every day to make sure the project was going as planned; he reiterated that he wanted to hear from residents if there were problems. Mayor Smith addressed the specific grounds of the appeal. No. I-use. Smith said that this was a temporary, accessory use and that the primary, permitted use was to perform undergrounding in a residential zone by a vote of the people; No. 2-completeness. Smith said that the application was complete for what was being described (a construction staging site) and that it was not appropriate to provide the level of detail on location of dirt piles, for instance, as they would move around; that hours .of work and other details had been provided; NO.3-revocation. Smith acknowledged'that the contactor had moved onto the site prematurely but that they had stopped work and removed material at the town's request. He said it was naw important to "get in, do the work, and get out." He also said that it was appropriate to put the burden where the benefit was derived and that staging farther away from the site would slow traffic and destroy roads, creating a negative impact for everyone. Mayor Smith added that the contractor had given assurances that they comply with the requests of the Council and said that he would vote to deny the appeal. MOTION: To deny the appeal and direct staff to return with a resolution memorializing the decision, with additional conditions and safety measures, as discussed. Fredericks, seconded by Gram AYES: Unanimous ABSENT: Berger, Slavitz Moved: Vote: , In response to a question from the neighbars, Mayor Smith said that the contractor was entitled to start work the next day at 7:00 a.m. Vice Mayar Gram added that the public would have an opportunity to comment on the resolutian prior to adoption. 8. Report by Town Attorney/Building Official - Appeal of Fines for Expired Building Permit and Reactivation Fees Address: Appellant: Assessor Parcel No. 121 SugarloafDrive Abraham Valentino 058-313-03 (Continued without hearing until September 6, 2006) COUNCIL AND COMMITTEE REPORTS None. -'Jr. Town Council Minutes # 13-2006 July 5,2006 Page 12 WRITTEN COMMUNICATIONS · Town Council Weekly Digest - June 23,2006 · Town Council Weekly Digest - June 30,2006 ADJOURNMENT PAUL SMITH, MA YOR ATT~~ DIANE CRANE rACOPI, T WN CLERK Town Council Minutes # 13-2006 July 5, 2006 Page 13